HomeMy WebLinkAboutAgenda - 04-07-20; 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 7, 2020
Action Agenda
Item No. 8-a
SUBJECT: Minutes
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes (Under Separate Cover) Donna Baker, Clerk to the Board
919-245-2130
PURPOSE: To correct and/or approve the draft minutes as submitted by the Clerk to the Board
as listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
March 10, 2020 BOCC Business Meeting
March 24, 2020 BOCC Virtual Business Meeting
FINANCIAL IMPACT: There is no Orange County Social Justice Goal impact associated with
this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
1 Attachment 1
2
3 DRAFT
4 MINUTES
5 BOARD OF COMMISSIONERS
6 BUSINESS MEETING
7 March 10, 2020
8 7:00 p.m.
9
10 The Orange County Board of Commissioners met in a Business Meeting on Tuesday, March
11 10, 2020 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta
14 Bedford, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price
15 COUNTY COMMISSIONERS ABSENT: Commissioner Dorosin
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
18 Travis Myren, and Clerk to the Board Donna Baker (All other staff members will be identified
19 appropriately below.)
20
21 Chair Rich called the meeting to order at 7:00 p.m.
22
23 1. Additions or Changes to the Agenda
24
25 Chair Rich proposed the following items be added to the agenda:
26 - pink sheet: Xenophobia Resolution, as item 4-c
27 - Presentation in re: COVID-19 with Health Director Quintana Stewart and Kirby Sanders,
28 Emergency Services Communications.
29 - Additional Closed Session item:
30 § 143-318.11. a "(5) To establish, or to instruct the public body's staff or negotiating
31 agents concerning the position to be taken by or on behalf of the public body in negotiating (i)
32 the price and other material terms of a contract or proposed contract for the acquisition of real
33 property by purchase, option, exchange, or lease.
34
35 A motion was made by Commissioner Price, seconded by Commissioner Bedford to add
36 the Xenophobia resolution, the presentation on COVID-19 and the additional closed session to
37 the meeting.
38
39 VOTE: UNANIMOUS
40
41 Chair Rich noted the following items at the Commissioners' places
42 - Proposed resolution for item 4-c
43 - Hand out for item 5-a
44 - PowerPoint for item 5-a
45 - Letter from Mayor Lavelle in re: Southern Branch Library, for item 6-a
46
47 PUBLIC CHARGE
48 Chair Rich acknowledged the public charge.
49
50 Arts Moment
2
1 Orange County Arts Commission (OCAC) Member Tim Hoke introduced Cassie Lipton:
2 Cassie Lipton is a senior at Orange High School. She enjoys writing, and recently won a Silver
3 Key in Poetry from the Scholastic Art and Writing awards. She is a dedicated member of the
4 band program at Orange High School, participating in the Orange Panther Regiment Marching
5 Band and the OHS Jazz Ensemble. She also participates in many honors ensembles
6 throughout the area including the Central District Band and the North Carolina Youth Wind
7 Ensemble. In the fall of 2020, she will be attending the University of Virginia where she plans on
8 double-majoring in Mathematics and Music Performance.
9 Cassie Lipton read a piece entitled, "What civil discourse means".
10
11 Quintana Stewart and Kirby Sanders made a presentation on COVID-19, due to the
12 state of emergency being issued.
13 Quintana Stewart said the Governor declared a state of emergency, and there are 7
14 presumptive positive cases. She said the Governor and others held a press conference today
15 about the most vulnerable populations: those 65 years of age or older and those with underlying
16 health conditions. She said the Governor shared the following recommendations to be
17 implemented statewide: limit visitors to congregate living facilities; limit large gatherings;
18 be mindful to stay home if sick; keep physical distance between people at gatherings. She said
19 it is important to clean surfaces and wash hands, with great regularity. She said those returning
20 from travel to impacted countries, as well as domestic areas with significant cases, should self-
21 quarantine for 14 days. She said employers have been urged to promote telecommuting, to
22 minimize physical contact. She said testing procedures have been expanded on a case-by-
23 case basis as testing supplies are becoming more readily available. She said her department is
24 working closely with its local partners, other health departments, and the State.
25 Kirby Sanders, ES Communications, said there is currently no state of emergency in
26 Orange County, and he covered some highlights in the state of emergency from the Governor.
27 He said, locally, a policy group has been activated, and an Orange County coronavirus task
28 force has been created. He said the following are high priorities: monitor public health, with the
29 emphasis on the most vulnerable populations; joint information system is activated; clear,
30 precise, and accurate information; working with all community partners to contain and mitigate
31 the expansion of the virus; and are prepared to activate the Emergency Operations Center
32 (EOC), if necessary.
33 Travis Myren reviewed some guidance emails that were sent to County employees
34 earlier today:
35 • Continuity of Operations Plans (COOP Plans).
36 • Potential recession: planning for a possible recession scenario with the finance
37 department.
38 • Advisory Boards: work with departments to make sure there is a teleconference option.
39 This is also true for the Board of County Commissioners (BOCC).
40 • No blanket travel restrictions as of now.
41 • Caution against stigmatizing against individuals.
42
43 Commissioner Greene referred to the sales tax, and asked if this information is reported
44 with scheduled frequency.
45 Travis Myren said it is reported monthly, but there is about a 3-month lag. He said if
46 retail establishments start to have reduced activity, a dip in sales tax is a likely consequence.
47 Commissioner Price referred to the price of medical supplies, and asked if the state will
48 supply certain items, like hand sanitizer or masks. She said she has heard that people are
49 taking advantage of the situation, and buying supplies in excess.
50 Kirby Sanders said she is correct, and sellers are taking advantage of the situation.
3
1 He said masks and other items have been put on restriction, per the CDC, and he said there is
2 a mechanism in place in case they need to ask the state for access to critical supplies.
3 Commissioner Price asked if there will be additional sick days for employees.
4 Bonnie Hammersley said that has not been discussed yet, but the County wants people
5 to stay home if they are ill, and to bring it to the County's attention if they are lacking sick days.
6 Commissioner Greene said price-gouging laws are in effect, and citizens can file
7 complaints with the Attorney General's office if concerns arise.
8 Commissioner Marcoplos asked if animal services are playing a role in this response.
9 Kirby Sanders said animal services is on the task force purely to support human
10 services, and if someone has an animal for which they can no longer care, due to sickness or
11 quarantine, animal services will offer support.
12 Commissioner Bedford asked if UNC is involved in this response, and how will students
13 be handled upon returning from spring break.
14 Quintana Stewart said her department has been in constant communication with UNC-
15 CH, and the UNC system at large is determining how to respond to spring break coming to an
16 end and students returning.
17 Chair Rich asked if the County will update its website on a daily basis.
18 Quintana Stewart said yes.
19 Chair Rich said it is important to have a consistent message throughout the County, and
20 to encourage people not to get their information from public opinion on Facebook or twitter,
21 Chair Rich asked if there is a plan in place for someone who has to quarantine for 14
22 days, but is in need of food or supplies.
23 Quintana Stewart said if these situations arise, the County will step in.
24 Chair Rich asked if people are aware of this aid.
25 Quintana Stewart said if someone is self-quarantined then the County is in constant
26 contact with them.
27 Chair Rich said the County needs to take care of all vulnerable persons.
28
29 2. Public Comments
30
31 a. Matters not on the Printed Agenda
32 Riley Ruske said about 9 months ago, during the June 11I" budget work session,
33 Commissioner Marcoplos asked for a % climate tax, which the Board approved, despite lack of
34 public input. He said at the February 4t" work session, the Commission for the Environment
35 (CfE) came up with some projects on which to spend this money. He said there was no urgent
36 or specific need for this tax increase, but it is a permanent tax, and will create an increasing
37 slush fund each year with the increase of property taxes. He said the Board should rescind this
38 tax increase starting in the 2020-21 tax year.
39
40 b. Matters on the Printed Agenda
41 (These matters will be considered when the Board addresses that item on the agenda
42 below.)
43
44 3. Announcements, Petitions and Comments by Board Members
45 Commissioner McKee said he spoke at a regional meeting of the Soil and Water
46 supervisors about agriculture and conservation efforts in Orange County.
47 Commissioner McKee said at the February 4t"BOCC meeting he requested that the
48 Board discuss the issue of reciting the Pledge of Allegiance at the beginning of BOCC
49 meetings. He said this petition has been added to an April 23rd work session, and his intent
50 was to put this on a regular meeting agenda, so that the public can speak on this item. He said
4
1 the reason he is petitioning as such, is because this issue is a larger issue and tonight's arts
2 moment spoke to civil discourse, and the County needs to have a discussion that includes the
3 public.
4 Commissioner Bedford said the County's Spring Job Fair will be held on March 25t" at
5 the Department of Social Services' (DSS) Building in Hillsborough.
6 Commissioner Greene said, last week, she spoke at the News of Orange County open
7 house with the fairly new editor. She said this new editor is active and a breath of life to the
8 paper.
9 Commissioner Greene said she attended a breakfast at the Schley Grange.
10 Commissioner Price attended the National Association of Counties' (NACo) legislative
11 conference, and the lack of broadband in rural areas was a large point of discussion. She said
12 the FCC maps are deceptive and lacking, and NACo has presented this data to the FCC.
13 Commissioner Price said she received an email that Legal Aid is holding a free criminal
14 record expunction clinic on March 30tn
15 Commissioner Price said she would like to see more expedited action on some of the
16 Commissioner petitions, as some seem to lag more than others.
17 Commissioner Price thanked Gary Donaldson for tonight's information items.
18 Commissioner Marcoplos referred to the climate tax, and the observation that it was a
19 last minute proposal, and said he brought it up several weeks before the end of the budget
20 season, got information to the media, and had several meetings where people came and spoke
21 for or against it. He said, in contrast, Commissioner Bedford proposed a school tax on the very
22 last day of the budget, allowing no time for discussion.
23 Commissioner Marcoplos said at the February 11t" meeting, Patrick Abele, CHCCS,
24 discussed remodeling and redistricting options. He said he asked the schools for a report on
25 this, and Patrick Abele said he would bring information to the joint meeting on February 25, but
26 he did not. He asked if staff would request that CHCCS provide this information to the Board
27 as soon as possible.
28 Commissioner Marcoplos said early voting was really long and there were many days
29 when very few people came. He said he wonders if just as many voters could come within a
30 reduced time frame, going from 14 days to 8. He petitioned for the Board of Elections to
31 research this idea, and see if costs could be saved, but turnouts remain the same, by reducing
32 the number of days.
33 Chair Rich said a few years ago the Board asked staff to divest from fossil fuels, but
34 there were issues with the state. She said she would like an update on this topic, and would
35 like to write a letter to the Governor if the State is still involved in these investments.
36 Chair Rich said the Managers/Mayors/Chairs (MMC) minutes from the last Greene Tract
37 meeting will be in the next business meeting agenda, as an information item, and John Roberts
38 has led the discussion on the Greene Tract. She said some changes were made to the draft,
39 many of which had to do with clarifications.
40 Chair Rich referred to Board petitions, and said staff must have enough time to come
41 back with appropriate information.
42
43 4. Proclamations/ Resolutions/ Special Presentations
44
45 a. Proclamation Recognizing the 100th Year Anniversary of the 19th Amendment to
46 the United States Constitution
47 The Board considered voting to approve a proclamation recognizing the 100th
48 Anniversary of the 19th Amendment to the United States Constitution and authorizing the Chair
49 to sign.
50
5
1 BACKGROUND: On June 4, 1919, both chambers of United States Congress approved the
2 19t" amendment to the United States Constitution, which guaranteed American women the right
3 to vote. The amendment was ratified into the United States Constitution the following year on
4 August 18, 1920.
5
6 The first reported attempt to introduce women's suffrage legislation in North Carolina was led
7 by a group from Asheville, the North Carolina Equal Suffrage Association ("NCESA"), in 1894.
8 In 1913, the NCESA, an affiliate of the National American Woman Suffrage Association elected
9 Barbara Henderson of Chapel Hill as President, who initiated suffrage legislation in 1915 and
10 1919. However, the legislation failed to pass.
11
12 Once Congress approved the 19t" amendment in 1919, 36 states needed to ratify the
13 amendment in order for it to be included in the United States Constitution. In June 1919,
14 Wisconsin, Illinois and Michigan were the first to ratify the amendment. Within the following
15 year, 32 additional states ratified the amendment, with North Carolina or Tennessee poised to
16 become the 361" state.
17
18 Southern States were adamantly opposed to the amendment, and seven of them - Alabama,
19 Georgia, Louisiana, Maryland, Mississippi, South Carolina and Virginia - rejected it prior to it
20 being considered by the North Carolina General Assembly. On August 11, after rejecting
21 ratification of the amendment, a majority of the members of the North Carolina House of
22 Representatives sent a telegram to their counterparts in Tennessee telling them that they had
23 not ratified the amendment because it interfered with states' rights and urging the Tennessee
24 legislators to reject ratification too. On August 18, 1920, Tennessee became the 36t" state to
25 ratify the 19t" amendment by a margin of one vote. North Carolina would not ratify the 19t"
26 amendment until May 6, 1971.
27
28 If not for Gertrude Weil, and the legions of suffragettes before her, the march toward the
29 women's right to vote may have stalled again. Weil's organization, the North Carolina Equal
30 Suffrage League launched the North Carolina Chapter of the League of Women Voters, a non-
31 partisan organization that educates people on the political process. Gertrude Weil served as the
32 organization's first president.
33
34 Women in the United States were not the first women to gain the right to vote. When the 19t"
35 Amendment was ratified, women in New Zealand, Finland, Norway, and Sweden already had
36 the right to vote.
37
38 Commissioner Price read the proclamation: (members of the League of Women Voters
39 were also present)
40
41 ORANGE COUNTY BOARD OF COMMISSIONERS
42
43 PROCLAMATION RECOGNIZING THE 100T" YEAR ANNIVERSARY OF THE
44 19T" AMENDMENT TO THE UNITED STATES CONSTITUTION
45
46 WHEREAS, an organized movement to enfranchise women began in July 1848 at a convention
47 in Seneca Falls, New York; and
48
6
1 WHEREAS, through the efforts of brave and courageous women referred to as suffragists who
2 sacrificed family, personal life and financial resources for over seventy years to gain equal
3 rights for women, especially the right to vote; and
4
5 WHEREAS, women and men of all colors and cultures supported the women's suffrage
6 movement in order for women to gain the Constitutional right of having a voice in making the
7 laws that govern them; and
8
9 WHEREAS, Chapel Hill resident Barbara Bynum Henderson, UNC class of 1902 (AB & MA),
10 Phi Beta Kappa, organized and was elected president of the Equal Suffrage League of North
11 Carolina in 1913, and was unanimously re-elected for a second term in 1915; and
12
13 WHEREAS, Barbara Bynum Henderson carried the battle for women's suffrage to the North
14 Carolina General Assembly when a special session was called to consider woman suffrage;
15 and
16
17 WHEREAS, the woman's suffrage movement led to the passage of the 191" Amendment to the
18 Constitution of the United States in 1919, with ratification by the states by the summer of 1920;
19 and
20
21 WHEREAS, North Carolina delayed ratifying the 19th amendment until 1971; and
22
23 WHEREAS, the National Woman Suffrage Association dissolved in 1920 to create the League
24 of Women Voters of the United States in order to register voters and educate all voters; and
25
26 WHEREAS, the League of Women Voters of North Carolina was launched on October 7, 1920
27 on the steps of the Guilford County Courthouse by Gertrude Weil, a politically active and
28 tireless young woman from Goldsboro, North Carolina; and
29
30 WHEREAS, more than 120,000 women were registered to vote in North Carolina by 1920; and
31
32 WHEREAS, women today constitute a majority vote in the State of North Carolina and the
33 United States and are running for office in higher numbers and more active in the election
34 process than ever before in history;
35
36 NOW THEREFORE the Orange County Board of County Commissioners does hereby
37 recognize the 1001" anniversary of women gaining the right to vote; and
38
39 FURTHERMORE, that the Orange County Board of County Commissioners does hereby
40 recognize the 100t" anniversary of the founding of the League of Women Voters in the United
41 States and in North Carolina and applauds the members of the League of Women Voters for
42 the impact its historic accomplishments have made on public engagement and the civic life of
43 the community, the state and the nation.
44
45 This the 101" day of March, 2020.
46
47 Vickie Boyer and Amy Jeroloman said it is an honor to receive this proclamation on
48 behalf of the League of Women Voters, and appreciated the Board considering this
49 proclamation.
50
7
1 A motion was made by Commissioner Price, seconded by Chair Rich for the Board to
2 approve and authorize the Chair to sign the Proclamation.
3
4 VOTE: UNANIMOUS
5
6 b. Women's History Month Proclamation
7 The Board considered voting to approve a proclamation recognizing March 2020 as
8 Women's History Month in Orange County and authorizing the Chair to sign.
9
10 BACKGROUND: Celebration of Women's History Month had its roots in the socialist and labor
11 movements in New York City. The first "Women's Day" took place on February 28, 1909. The
12 day honored the one-year anniversary of the garment worker's strikes that had taken place in
13 New York, where thousands of women marched for economic rights. That strike followed
14 another strike that occurred in 1857 when garment workers marched for equal rights and 10-
15 hour work days. Within two years the event grew into an international event. In 1975, the United
16 Nations officially began International Women's Day; which will be celebrated on March 81" this
17 year.
18
19 At the inception of Women's History Month, feminists in the United States saw the designation
20 of the month as a way to celebrate a history that had largely overlooked the contributions of
21 women in America. Women's History Month has its origins as a national celebration in 1981
22 when Congress authorized and requested President Jimmy Carter proclaim the week beginning
23 March 7, 1982 as "Women's History Week." In 1987, the Women's History Month Project
24 petitioned the US Congress to designate the month of March as "Women's History Month."
25 Ronald Reagan was the first president to proclaim March as Women's History Month.
26 Currently, local, state and federal governments annually proclaim March as "Women's History
27 Month." Each year the National Women's History Project declares a theme. The 2020 theme is
28 "Valiant Women of the Vote." The theme honors "the brave women who fought to win suffrage
29 rights for women, and for the women who continue to fight for the voting rights of others."
30
31 Annette Moore, Human Rights and Relations Director, read the Proclamation:
32
33 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
34 WOMEN'S HISTORY MONTH
35 PROCLAMATION
36
37 WHEREAS, American women of every race, class, and ethnic background have made historic
38 contributions to the growth and strength of our Nation in countless recorded and unrecorded
39 ways; and
40
41 WHEREAS, American women have played and continue to play critical economic, cultural, and
42 social role in every sphere of the life of the Nation by constituting a significant portion of the
43 labor force working inside and outside of the home; and
44
45 WHEREAS, American women of every race, class, and ethnic background served as early
46 leaders in the forefront of every major progressive social change movement;
47
48 WHEREAS, American women have been leaders, not only in securing their own rights of
49 suffrage and equal opportunity, but also in the abolitionist movement, the emancipation
8
1 movement, the industrial labor movement, the civil rights movement, and other movements,
2 especially the peace movement, which create a more fair and just society for all; and
3
4 WHEREAS, because of the courage of so many bold women who dared to transcend
5 preconceived expectations and prove they were capable of doing all that a man could do and
6 more, advances were made, discoveries revealed, barriers were broken and progress
7 triumphed; and
8
9 WHEREAS, despite these contributions, the role of American women in history has been
10 consistently overlooked and undervalued, in the literature, teaching and study of American
11 history; and
12
13 WHEREAS, the Orange County Board of County Commissioners on March 25, 1976,
14 established the Orange County Commission for Women to promote the growth and
15 development of all Orange County women and continue to promote the efforts of women and it
16 has been doing for more than 40 years.
17
18 NOW, THEREFORE, do we, the Board of Commissioners of Orange County, North Carolina
19 hereby proclaim March 2020 as "Women's History Month" and commend this observance to
20 Orange County residents and call upon them to celebrate the women in their lives with
21 appropriate programs, celebrations and activities.
22
23 THIS THE 101" DAY OF MARCH, 2020.
24
25 A motion was made by Commissioner Greene, seconded by Commissioner Bedford for
26 the Board to approve and authorize the Chair to sign the Proclamation.
27
28 VOTE: UNANIMOUS
29
30 ADDITION — ITEM 4-c
31 Resolution Denouncing Xenophobia in COVID-19
32 The board considered a draft resolution denouncing Xenophobia in COVID-19.
33 Annette Moore presented this item:
34
35 BACKGROUND: There is a growing concern about the xenophobia and misinformation that
36 has arisen throughout communities around the country because of the spread of COVID-19.
37 The stigma associated with COVID-19 originating in China has led some to assume that any
38 person of perceived Asian ancestry might be sick, harming Asian American communities all
39 over the country. In communities across the country, Asian American businesses have seen a
40 decline in their customer base, some as much as a 70-80% loss of business. Violence has
41 been committed against Asian Americans and workers have faced discrimination in the
42 workplace.
43 Public health officials as well as Asian Pacific American organizations throughout the country
44 have been mobilizing to educate people to counter the hysteria around the COVID-19. Asian
45 Pacific American organizations have asked Congress and others to pass resolutions
46 denouncing the violence, racism and the economic loss against the Asian Pacific community
47 that is rooted in fear and misinformation.
48
49 Ways to do: Keep private medical issues; raise awareness; speak out negative behaviors; get
50 out correct information; be cautious about images shared; share the need of social support for
9
1 those who have returned from China. CDC recommendations. Asians are afraid and people
2 are shying away from them. This proclamation is about education.
3
4 Annette Moore read the draft proclamation.
5 Commissioner Bedford said she sent an email about a revision, and suggested the use
6 of stronger language than "mitigate violent racism". She suggested, "denounce and mitigate",
7 or something similar.
8 Commissioner Greene suggested, "condemn and address"
9 Commissioner Bedford said she like this, and would conclude with "mitigate economic
10 loss."
11 Commissioner McKee asked if there is a specific meaning intended with the word,
12 "mitigate". He said he thinks it implies that the County will financially compensate those who
13 suffer economic loss.
14 Annette Moore said "mitigate" is to educate and to not mischaracterize what is
15 happening.
16 Commissioner McKee said he is concerned that mitigate may imply compensation for
17 economic loss to some people.
18 Commissioner Greene said mitigate means, "to get ahead of".
19 Commissioner McKee referred to the very first whereas, and asked if there have been
20 specific instances of violent attacks across the nation.
21 Annette Moore said yes.
22
23 Revised Resolution below:
24 RES-2020-016 - REVISED
25
26 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
27 RESOLUTION DENOUNCING XENOPHOBIA IN COVID-19
28
29 WHEREAS, since the outbreak of COVID-19, we have seen a surge in discriminatory rhetoric
30 and violent attacks against Asian Americans across the country; and
31
32 WHEREAS, the perpetrators have been inspired by debunked conspiracy theories about the
33 origin of the virus and how it spreads; and
34
35 WHEREAS, Orange County residents are understandably worried about the spread of COVID-
36 19 and are looking to us for guidance and reassurance; and
37
38 WHEREAS, the dissemination of false information about COVID-19 is dangerous for the public
39 health and for Orange County residents and others who may increasingly become the victims of
40 racist and xenophobic attacks; and
41
42 WHEREAS, we have a responsibility during a public health crisis to use our unique platform to
43 calm our residents' fears, not stoke them; and
44
45 WHEREAS, pathogens and viruses do not discriminate based on any race or national origin;
46 and
47
48 WHEREAS, stigmatizing part of our populace will not only be ineffective in preventing the
49 spread of this virus, but will also breakdown trust and cause harm to our sense of community;
50 and
10
1
2 WHEREAS, the sharing of inaccurate information or unconfirmed reports runs the risk of
3 increasing fears and inciting violence;
4
5 NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Orange County,
6 North Carolina do hereby encourage all residents of Orange County to share only confirmed
7 and verifiable information provided by organizations such as the World Health Organization, the
8 Centers for Disease Control and Prevention, the North Carolina Department of Health and
9 Human Services Division of Public Health and the Orange County Public Health Department, to
10 ensure that it is accurate and does not stoke unfounded fears.
11
12 BE IT FURTHER RESOLVED that the Board of Commissioners of Orange County encourages
13 Orange County residents to denounce any racist and xenophobic rhetoric targeting members of
14 our community and ensure that we act swiftly to condemn and address violent racism and
15 mitigate any economic loss, rooted in fear and misinformation.
16
17 This the 101" day of March, 2020.
18
19 A motion was made by Commissioner Price, seconded by Commissioner Bedford to
20 approve and authorize the Chair to sign the resolution.
21
22 VOTE: UNANIMOUS
23
24 Chair Rich suggested it be sent to the Town Clerks to distribute to all elected officials.
25
26 5. Public Hearings
27
28 a. Unified Development Ordinance (UDO) Text Amendments — Clarification of
29 Setbacks from the West Fork on the Eno Reservoir
30
31 The Board held a public hearing, receive the Planning Board recommendation and
32 public comment, and consider action on Planning Director initiated Unified Development
33 Ordinance (UDO) text amendments revising/updating existing guidelines associated with the
34 enforcement of reservoir setbacks for structures and septic systems.
35 Michael Harvey, Current Planning, presented the information below:
36
37 PURPOSE:
38 To hold a public hearing, receive the Planning Board recommendation and public comment,
39 and consider action on Planning Director initiated Unified Development Ordinance
40 (UDO) text amendments revising/updating existing guidelines associated with the enforcement
41 of reservoir setbacks for structures and septic systems.
42
43 Specifically, the amendment seeks to establish the effective date for the expansion of the West
44 Fork on the Eno reservoir. If approved, the amendment will create an exemption for parcels and
45 development (i.e. structures and septic systems) established prior to the creation/expansion of
46 the reservoir, specifically February 12, 1997.
47
48 The amendment also updates existing references to the final normal pool elevation (NPE) of
49 the reservoir, which according to the Town of Hillsborough is going to be 642 ft. In the summer
50 of
11
1 2019, the Town indicated the NPE for the reservoir was going to be 643.9 ft. and staff
2 proceeded with an amendment based on this information. After being notified of the updated
3 NPE, the amendment now references a NPE of 642 ft.
4
5 BACKGROUND:
6 Section 6.13.4 Minimum Buffer Widths for Watershed Protection Overlay Districts of the UDO
7 establishes a 150 ft. wide setback around reservoirs. This area is intended to be left in an
8 undeveloped state. Additionally, Section 4.2.9 Water Supply/Sewage Disposal Facilities of the
9 UDO establishes a 300 ft. setback for septic tanks from a reservoir.
10
11 Section 4.2.2, specifically subsections (F) through (1), of the UDO establishes the applicability of
12 watershed protection standards including establishing criteria defining those properties
13 (developed and undeveloped) considered to be `grandfathered' with respect to applicable buffer
14 (i.e. stream and reservoir) standards.
15
16 In the 1990's, the Town of Hillsborough began the necessary permitting processes at the State
17 level to construct the West Fork on the Eno reservoir within the Cedar Grove Township of the
18 county.
19
20 Work was broken down into two phases, with Phase 1 including the Town purchasing property
21 to expand the reservoir. The final boundary of the reservoir was established on February 11,
22 1997 with the recording of plats within the Orange County Registrar of Deeds Office denoting
23 the Town's purchase of property along the West Fork of the Eno. Attachment 1 contains maps
24 of the existing reservoir boundary, based on 2017 aerial photographic data, denoting the
25 aforementioned 150 ft. (structure) and 300 ft. (septic) setback areas.
26
27 Phase 2 of the project involves the actual clearing of property and expanding the existing NPE
28 of the reservoir. The Town has already begun Phase 2 of the project, including land clearing
29 and increasing the elevation of the dam.
30
31 While the Town purchased sufficient property to accommodate the approved expansion of the
32 actual reservoir, the required reservoir setback could still potentially impact adjacent parcels of
33 property. Adjacent property owners have expressed concern the UDO does not specifically
34 reference the expansion of the reservoir thereby making their properties potentially
35 nonconforming to applicable watershed management regulations (i.e. required reservoir
36 setbacks).
37
38 In an effort to address this concern, staff proposed a text amendment (Attachment 6) to
39 reference the expansion of the West Fork on the Eno from the date the Town secured property
40 allowing for the approved expansion. In consultation with the County Attorney office, staff has
41 determined this date is February 12, 1997.
42
43 While property owners are still required to abide by applicable setbacks per Section(s) 4.2.9
44 and
45 6.13.4 of the UDO, they will have greater latitude in demonstrating compliance with applicable
46 standards. This amendment will not necessarily allow for additional development of structures
47 closer to the actual reservoir. It will, however, recognize the conforming status of existing
48 development and not arbitrarily make same non-conforming. The status can be important with
49 respect to property transactions and mortgage applications.
50
12
1 This proposal was reviewed at the November 6, 2019 Ordinance Review Committee (ORC)
2 meeting. Notes from this meeting are contained within Attachment 2.
3
4 Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: `...
5 cause an analysis to be made of the application and, based upon that analysis, prepare a
6 recommendation for consideration by the Planning Board and the Board of County
7 Commissioners'.
8
9 The amendments are necessary to address current inconsistencies within the UDO relating to
10 the definition of what constitutes `existing lots' and/or `existing development' with respect to
11 compliance with applicable reservoir setbacks. This amendment should likely have been
12 completed in 1997 when the Town was purchasing property to establish the reservoir.
13
14 Planning Board Recommendation: At its February 5, 2020 regular meeting, the Planning Board
15 voted unanimously to recommend approval of the Statement of Consistency and the proposed
16 UDO text amendment. Excerpts of the draft minutes from this meeting, as well as the Board's
17 signed Statement of Consistency, are included in Attachment 3. Agenda materials from the
18 meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
19
20 It should be noted the amendment presented to the Planning Board referenced changing the
21 NPE for the West Fork on the Eno from 643 ft. to 643.9 ft. This was based on data from the
22 Town. The amendment package now reflects the Town's corrected NPE for the reservoir of 642
23 ft. resulting in a slight reduction in the 150 ft. (structure) and 300 ft. (septic) setback areas
24 around the reservoir.
25
26 Planning Director Recommendation: The Planning Director recommends approval of the
27 Statement of Consistency, as contained in Attachment 5, and the UDO Text Amendment, as
28 contained within Attachment 6.
29
30 Michael Harvey made the following PowerPoint presentation:
31
32 ITEM 5 (a) - PUBLIC HEARING
33 Unified Development Ordinance (UDO) Text Amendment—West Fork on the Eno
34 Reservoir Setbacks
35
36 Background:
37 County enforces setbacks for structures and septic systems as part of its Watershed
38 Management Protection Program (Section 4.2 of the UDO inclusive) from a reservoir;
39 Structures are required to be 150 ft. and septic systems are required to be 300 ft. from
40 the Normal Pool Elevation (NPE) of a reservoir;
41 — STAFF COMMENT: We currently exceed State minimum requirements.
42 NPE of the reservoir is defined/referenced within Section 4.2.2 (E) of the LIDO;
43
44 West Fork of the Eno (aerial map)
45 Background (continued)
46 Section(s) 4.2.2 (F) and (1) establishes applicability of setback standards, specifically:
47 — Section 4.2.2 (F) Existing Development - structures/septic systems installed prior
48 to establishment of final reservoir boundary (i.e. NPE) can be replaced provided
49 same: does not result in an increase in the amount of impervious surface, and
13
1 does not encroach any farther into stream buffers or setbacks from reservoirs
2 than the previous development.
3 — Section 4.2.2 (1) Existing Lots - lots legally created prior to the establishment of
4 the final boundary (i.e. NPE) of a reservoir;
5 — An `existing lot' qualifies for an administrative waiver where Planning Director, in
6 consultation with the Health Department, can modify the 300 ft. reservoir setback
7 for septic systems based on established criteria;
8 — Amount of encroachment allowed is the minimum that can be obtained while
9 meeting applicable criteria.
10
11 IMPACTS OF AMENDMENTS:
12 Clarifies/updates the NPE of the reservoir from 643 ft. to 642 ft.
13 — This change will result in a reduction of the amount of land area subject to
14 reservoir setback;
15 Establishes what constitutes existing development and an existing lot around the
16 reservoir (i.e. development installed, and lots created, prior to February 12, 1997);
17
18 WHAT THIS AMENDMENT DOES NOT DO:
19 Condemn or take property;
20 Establish more restrictive regulations;
21 — Current regulations do not specifically reference expansion of the West Fork on
22 the Eno reservoir.
23 — Staff is currently required to use January 1, 1994 to define existing
24 development/lots (existing language).
25 Prevent/restrict property owners from applying for variances from structure/septic
26 setbacks off of a reservoir;
27 — Appropriate fees have to be paid. No guarantee request will be approved.
28
29 Staff Findings:
30 — The amendment addresses existing deficiencies within the UDO referencing
31 appropriate date for reservoir expansion;
32 — Provides clear direction on what constitutes existing development and/or lot
33 around the West Fork on the Eno Reservoir;
34 — Corrects final NPE of reservoir;
35 — Provides property owners with definitive information on where required setbacks
36 are measured from.
37
38 PLANNING BOARD RECOMMENDATION:
39 — Reviewed item at its February 5, 2020 regular meeting;
40 — Voted to recommend approval
41 — STAFF COMMENT: Amendment referenced changing the NPE
42 for the reservoir from 643 ft. to 643.9 ft. based on data from the
43 Town;
44 — Current amendment package corrected to reference the 642 ft.
45 NPE of reservoir;
46 — Planning Board does not need to re-review as resulting change
47 constitutes reduction in the 150 ft. (structure) and 300 ft. (septic)
48 calculated setback area around the reservoir (i.e. does not create
49 a more restrictive standard that originally proposed)
50
14
1 RECOMMENDATION(S):
2 The Manager recommends the Board:
3 1. Receive the request;
4 2. Conduct the public hearing and accept comment;
5 3. Close the public hearing. (Note that, because this is a legislative decision, additional
6 comments at a later date are permitted);
7 4. Approve Statement of Consistency (Attachment 5) and the LIDO Text Amendment
8 (Attachment 6).
9
10 Commissioner Price asked if this change will create a financial hardship for existing
11 homeowners.
12 Michael Harvey said no, and the intent of the amendment is to clearly define what
13 constitutes existing lots and existing developments, which should lessen any potential burden.
14 He said there are properties that have been subdivided after 1997, which have been held to the
15 appropriate reservoir standard and set back. He said there are several 10-acre lots, and larger,
16 that benefit from existing development definitions. He said adding the 1997 date will only
17 solidify claims to be classified as such.
18 Commissioner Price clarified that there will be no negative impacts for future
19 development.
20 Michael Harvey said no, but one will have to comply with the code.
21 Commissioner Marcoplos asked if one can subdivide one's property, with the
22 expectation of developing it, only to find out that it was actually undevelopable.
23 Michael Harvey said not during his tenure with the County.
24
25 A motion was made by Commissioner McKee, seconded by Commissioner Price to
26 open the public hearing.
27
28 VOTE: UNANIMOUS
29
30 PUBLIC COMMENT:
31 Tim Boomhower declined to comment.
32 Melody Boomhower declined to comment.
33 Rob Bush said he owns property on Carr Store Road, and he asked the Board not to
34 approve the date in this amendment as February 1997. He said it would be more reasonable to
35 set the date to a future one, when the reservoir is filled to its new level. He said it seems
36 unjust for the department that approved site plans to label homes as non-conforming. He said
37 he lives in a tiny house, which he started building in 2013, and the site plan was approved by
38 the Planning Department, and, to his knowledge, was not contingent to a previous mobile home
39 that was removed from the property around 2003/2004. He said there was no mention of a
40 future expansion of the reservoir, and he only learned this years later. He said in May 2019, he
41 found out that his home would have restrictions put on it, and he could not be told if he would
42 be permitted to rebuild in the case of a disaster. He said he was very concerned about this lack
43 of information, and believes his current home site to be the only suitable one on his property,
44 due to a lack of perkable soil. He said he immediately asked the Planning Director for a
45 variance for buffer reduction. He said in July 2019 he was told his request would not be
46 handled as an individual variance, but rather by a County-initiated text amendment, as many
47 properties are affected around the reservoir. He said he was told this would come before the
48 BOCC in the fall of 2019, but he received no information about the text amendment details until
49 late January 2020. He said the amendment did not seem to address his concerns, and the
50 variance was not given to reduce buffers around his home. He said he spoke with staff, and it
15
1 was determined he would be allowed to add on or rebuild to the original mobile home's
2 impervious area footprint. He said this was better than his original options, but he would still
3 like a buffer reduction around his house to allow for more expansion on the already restricted
4 lot, due to the lack of perk sites on his property. He said he would like to know why community
5 residents were not aware of these restrictions on their lots, pertaining to the raising water levels.
6 He said, as the Planning Department approved all existing buildings, no existing building,
7 regardless of date, should be labeled as non-conforming. He said homeowners should have
8 the freedom to identify a septic repair area in the future, to prevent their homes from being
9 phased out, due to a failed leach field, if that were to occur. He said he has worked hard on his
10 house, and sees this amendment as negatively affecting his investment.
11 Dean Barnes said she lives on Governor Hunt Street, and if her water or septic tank
12 were to be affected in the future, she does think this would negatively impact her property. She
13 said she would like to know why Jordan Properties were approved for sale, knowing this change
14 would be coming.
15 James Kennedy said he also lives on Governor Hunt Street, and he previously served
16 on the boundary review board and board of equalization. He said Michael Harvey is lying, and
17 property values are based on what people will pay, as well as comparables. He said if people
18 hear that properties have restrictions, specifically water restrictions, the property values will go
19 down, as will the community at large.
20 Ann Roberts said Michael Harvey said there would not be any hardships, but she
21 received a letter that her property (which she has only owned for 4 months) would be
22 condemned and she would only receive its tax value, which is much less than what it is worth.
23 She said this is her home, in an established neighborhood, and she does not want to see it
24 condemned.
25 Scott Atkins said the reservoir butts up against his property, where he has lived for 16
26 years. He said he is 6 years away from having his mortgage paid off. He said his septic tank
27 does not fall within the qualified distance, and he does not want his house condemned. He said
28 he would like to know the restrictions that exist because of the reservoir, and asked if he can
29 hunt or fish near it. He said he unaware of the rules.
30 Calvin Parrish said he is worried, and wants to know why the properties were sold
31 knowing it was going to be condemned, due to the expansion of the reservoir. He said it is
32 unfair and unjust to kick people out of their homes.
33 Commissioner McKee asked if Michael Harvey would address some of the public
34 comments.
35 Michael Harvey said neither the County, nor the Town of Hillsborough, have sent out
36 letters condemning any properties. He said a member of the community has stirred up a lot of
37 sentiment without first gathering the facts. He said the Town of Hillsborough has already
38 secured all the necessary property for the reservoir expansion, and the County is not
39 condemning any properties.
40 Commissioner McKee asked if Michael Harvey could speak to the issue of septic tanks
41 being too close.
42 Michael Harvey said the neighborhood in question has lots that were established prior to
43 1997, meaning they qualify for existing lots, as well as existing development, and if septic
44 systems have to be replaced, they will benefit from the current regulatory standards that say
45 they can be replaced.
46 Commissioner McKee referred to the map, and said the setbacks completely
47 encompass several of these lots of Governor Hunt Road.
48 Michael Harvey said this subdivision was created before the reservoir boundary was set,
49 so it would qualify for an existing lot, as well as existing development.
16
1 Commissioner McKee referred to a lot that is completely encompassed by the two
2 setbacks, and asked, if the septic failed, would the property owner be able to fix the problem.
3 Michael Harvey said County staff would help find a way to replace the septic on the
4 property because it qualifies as an existing lot.
5 Commissioner McKee said even if that new septic field was within 150-foot boundary.
6 Michael Harvey said yes, because that is why there is the definition of existing lot and
7 existing development. He said staff has to grant as much leeway as humanly possible, as
8 stipulated by the ordinance. He read the ordinance.
9 Commissioner McKee clarified that this answer would address the resident who spoke
10 of his 300 square foot tiny house.
11 Michael Harvey said Mr. Bush was allowed to take advantage of existing development,
12 when he built his house in 2013. He said he personally processed this request. He said Mr.
13 Bush was allowed to place a house where a mobile home had previously been, because it
14 constituted existing development. He said the septic system was approved with the issuance of
15 a permit by the Health Department in 1987, and also qualifies as an existing development. He
16 said part of the problem Mr. Bush is experiencing is the fact that some of his property has been
17 subdivided and sold to neighbors, which has reduced the overall lot area from 30-acres (in
18 1979) to a 7-acre parcel currently, with the last recording of an exempt subdivision plat in 2018.
19 Commissioner Greene asked if these lots are now considered non-conforming.
20 Michael Harvey said no. He said if a property meets the definition of an existing lot, or
21 existing development, it is not non-conforming, but rather these properties are subject to the
22 rules and standards within those two sub-sections, but staff does not declare the lot of as non-
23 conforming. He said it was created in compliance with the legal standards that existed at the
24 time, and at the time before the reservoir boundary was set, it meant all applicable criteria. He
25 said the establishment of the reservoir boundary, in the late 1990s, does not make the lot non-
26 conforming, but it is governed by existing development/existing lot under section 4.2.
27 Commissioner Greene said it sounds like the reservoir in non-conforming.
28 Michael Harvey said the reservoir is not non-conforming. He said the reservoir is the
29 reservoir, and its boundary was established with the recordation of plats in 1997 to create the
30 boundary.
31 Commissioner Greene asked if the subdivision predates the reservoir.
32 Michael Harvey said yes, the subdivision was in process before the final boundary of the
33 reservoir was established.
34 Commissioner Greene said that was unwise.
35 Michael Harvey said he is at a loss as to why the staff did not amend the ordinance in
36 1997.
37 Commissioner Price asked if Mr. Bush were to sell his property, would the new owner be
38 able to build a bigger home on that same property.
39 Michael Harvey said potentially, but he would need to see a site plan first, which would
40 have to demonstrate that it met existing development, or that it is outside of the 150-foot buffer
41 for setback structures. He said the bigger issue is the lack of perkable soil on the property,
42 which may not be able to support a larger house.
43 Commissioner Price said she meant an expansion of the existing footprint.
44 Michael Harvey said yes, there is opportunity for an expansion of the existing residence.
45 Commissioner Price clarified that nothing has been issued about condemnation.
46 Michael Harvey said that is correct, and he has not authored or authorized any letters
47 stating condemnation of any property as a result of this action. He said this reaction is the
48 result of one community member seeking to stir up emotions, and while this is an emotional
49 issue for some, he does not believe the insinuations in the resident's letter have any merit.
50 Commissioner Price asked if Michael Harvey has seen a letter from a resident.
17
1 Michael Harvey said no.
2 Chair Rich said some residents recently purchased homes, and asked if staff has been
3 discussing this issue for some time.
4 Michael Harvey said yes, since the beginning of 2019.
5 Chair Rich asked if all of the homes around the reservoir were notified.
6 Michael Harvey said no because this is an UDO text amendment.
7 Chair Rich asked if some of the homes will be less valuable if this amendment is
8 approved.
9 Michael Harvey said he is not a tax person and cannot speak to those questions, but
10 these lots are not considered non-conforming under the County UDO, as they are considered to
11 be existing lots, or to have existing development. He said the County does not treat these
12 properties as non-conforming, but rather as lots and parcels that were in existence prior to the
13 reservoir being established and wants to give them leeway in terms of compliance.
14 Chair Rich asked if the year that the reservoir was established could be identified.
15 Michael Harvey said the plats were recorded on February 12, 1997, which is when the
16 Town secured the final property purchase, which secured the final boundary of the lots. He
17 said picking this date is consistent with how the County has treated other reservoirs.
18 Commissioner Price said the minutes refer to a property that has been sub-divided
19 many times since 1997, and will not qualify as an existing lot, but the date has not yet been
20 established, as the BOCC has not yet voted.
21 Michael Harvey said he based his answer of the proposal made by staff, and that it did
22 not constitute a lot of record based on how staff was interpreting how the UDO needed to be
23 modified to reference the establishment of the West Fork in the Eno Reservoir.
24 Commissioner Price said his sub-division exists now, and the BOCC has not voted on
25 the date. She asked how it is possible that staff can already say that this resident's actions
26 would disqualify him as existing lots.
27 Michael Harvey said he is basing his answer on staff's proposal of the date of February
28 12, 1997 being the logical date to establish when the normal pool elevation for the West Fork of
29 the Eno was established. He said this is his answer.
30 Commissioner Price said the BOCC has not yet established this date.
31 Michael Harvey said the BOCC could change the date, and that may change the
32 answer.
33 Commissioner Price said she is not asking to change the date, but is pointing out that
34 the date has not yet been voted on. She said all of this will be retroactive.
35 Michael Harvey said the only date he can use, as articulated in his abstract and
36 presentation, is January 1994.
37 Commissioner Price said she is not concerned about the date, but wants to know if this
38 would be retroactive.
39 Michael Harvey said he has answered the question to the best of his ability.
40 Commissioner Price said the Town of Hillsborough had to negotiate with the property
41 owners to secure the property necessary to accommodate the reservoir, and asked if this
42 pertained to current negotiations, or years past.
43 Craig Benedict, Planning Director, said years ago. He said in the present code, an
44 existing lot is defined as January 1, 1994, and this is the date that staff has used as this is when
45 the watershed regulations went into effect. He said, in absence of this new amendment, the
46 date could be as late as February 12, 1997. He said the date previously used was January 1,
47 1994 prior to the amendments that may be made tonight.
48 Craig Benedict said when Hillsborough chose to build reservoir phases one and two, in
49 the mid 1990s, the Town bought properties to accommodate this. He said all of the land that
50 Hillsborough needed for these two phases was purchased by 1997.
18
1 Commissioner Marcoplos asked if the bottom line is that a house could be rebuilt, and
2 possibly expanded, if it were to be destroyed by a natural even, such as a tornado.
3 Craig Benedict said the house could be rebuilt to whatever approved existing septic
4 systems exist. He said any expansion to septic systems would have to be approved through
5 the Health Department.
6 Craig Benedict said as soon as the reservoir was contemplated, people started
7 subdividing around the lake, as was done at Lake Orange as well. He said during his tenure
8 with the County, staff has had to make determinations that the lots were roughly concurrent
9 with the reservoir, and people want to live next to a future reservoir. He said people can rebuild
10 to the standards of the size of their house.
11 Commissioner Marcoplos asked if a resident has perkable land, can the resident extend
12 the septic, add another bedroom, etc.
13 Craig Benedict there is a four-bedroom maximum.
14 Commissioner Marcoplos asked if anyone will be prevented from replacing a septic
15 system.
16 Craig Benedict said no, everyone can replace the septic system, as long as it meets
17 Health Department standards.
18 Commissioner Marcoplos asked if the reservoir would impact the issue of a septic
19 system meeting Health Department standards.
20 Craig Benedict said it would be the same standard as if it were next to a reservoir, or
21 not, except the resident would have to work with the Planning Department to find out which
22 location is best. He said around Lake Orange, there are one or two cases where a resident
23 cannot fit a septic field, because of the land size, and there are other devices that are approved
24 by the State, which can replace the normal, conventional septic system.
25 Commissioner Marcoplos asked if there is anything Hillsborough could have done to
26 make this process better from the beginning.
27 Craig Benedict said that is conjecture. He said reservoirs are rarely built, but when they
28 are it is rare for excess land to be purchased. He said his reading of the issue is that they do
29 not purchase out to 300-feet beyond where the water level will be. He said if the Town had
30 purchased out that far, then all lands would have been unencumbered by the setbacks, but this
31 is not the County's standard to take a look at.
32 Marie Strandwitz, Utilities Director for Town of Hillsborough, said she appreciated the
33 staff presentations. She said it is her understanding that the Town planned the reservoir
34 starting around 1993. She said the Town started acquiring properties, and is some cases there
35 was condemnation, and other times the Town was able to negotiate successfully for the land.
36 She said the permit from the Corps was issued in the fall of 1997, or early 1998, which
37 consisted of both phases. She said the Town had the foresight to see that it would need more
38 water one day, and the permit from the Corps, and accompanying 401 permit from the State,
39 covered both phases. She said the 1994 date correctly had the 643 elevation based on the
40 datum used by surveyors at that time. She said since 1994, the UDO has stated the correct
41 phase 2 elevation (or expansion), and to get to this point the Town has conducted public
42 hearings, and all the property owners around the reservoir boundary, at that time, were notified.
43 She said anyone who had purchased a property since that time has been subject to the set
44 back that already exists in the UDO. She said she does not know if realtors have
45 communicated this information to the property owners at time of purchase. She said expansion
46 of phase 2 physically started in 2018, as the permit from the Corps was set to expire. She said
47 the Town did not need the extra water at that time, but as the permits are difficult to obtain, the
48 Town chose to move forward with the phase 2 expansion. She said the raising of the damn
49 structure has been completed, as well as the clearing around the damn structure. She said the
50 Town has approved for its Manager to sign the contract to raise the surrounding roads, which is
19
1 the last piece of the puzzle before the Town can start letting the reservoir fill to its new level,
2 which is contour 642.2, according to the new survey datum of NAVD 88.
3 Marie Strandwitz referred to the question about fishing and hunting, and said as part of
4 the state mitigation, the Town is to put the area around the reservoir in a conservation
5 easement. She said she has seen documents that state the Town has bought all the necessary
6 property to encompass the phase 2 level, as well as the State buffer. She said the Town did
7 not go further into the County setbacks, as it held public hearings at that time. She said the
8 Town is working with the State to put its properties into a restrictive deed, which are areas well
9 outside the buffer that the State wants the Town to maintain. She said the restrictive deed
10 includes no trespassing, no swimming, hunting, fishing, and camping. She said the Town is
11 required to post signage to this effect.
12 Marie Strandwitz said the Town has not sent any letters of commendation.
13
14 PUBLIC COMMENT
15 Amber Broadwell said she has lived in the area for some time, and has fished the entire
16 time, and she wants to know why fishing is not allowed.
17 Marie Strandwitz said the State will not allow these types of activities, per the permit that
18 was obtained in the 1990s. She said it requires the Town to keep protection of its water supply,
19 which is why the County is having extra setbacks. She said it is a watershed protection area,
20 and is the water supply for the Town. She said people may have been fishing for years, but
21 should not have been doing so.
22 Calvin Parrish asked if it is known who would be financially responsible, if a septic tank
23 needs replacing.
24 Michael Harvey said he feels inadequate to answer the question, but if the septic system
25 fails, there is no provision in the UDO mandating the Town to pay for this.
26 Commissioner Price asked if the expansion is expected to affect septic tanks.
27 Michael Harvey said he does not have data to definitively answer that question, but the
28 setbacks are in place to avoid such issues. He said such issues would have to be addressed
29 as they arise.
30 Commissioner McKee asked if staff knows if any of these septic fields will be
31 submerged by the new water level.
32 Michael Harvey said no, based on the information he has, there should be no
33 submerging of septic fields.
34 James Kennedy said this amendment will devalue the properties. He said any
35 restriction to a property will scare off buyers.
36 Chair Rich said currently these properties are following the UDO.
37 Michael Harvey said the restriction has existed since 1997, and staff is not adding a
38 restriction but rather clarifying what constitutes an existing lot and existing development for the
39 purposes of permitting.
40
41 A motion was made by Commissioner Bedford, seconded by Commissioner McKee to
42 close the public hearing. (Note that, because this is a legislative decision, additional comments
43 at a later date are permitted).
44
45 Michael Harvey said since this is not quasi-judicial process, he said there can be
46 additional comments made after the hearing is closed.
47 Commissioner McKee said he was around when this reservoir was planned and built,
48 and it was contentious to the point that there were threats of vigilante action. He said perhaps
49 the Town should have put easements up to the setbacks, but that is irrelevant at this point. He
50 said he wants to make sure that residents are not adversely affected.
20
1 Commissioner Price asked if the BOCC must make a decision tonight, or can it just
2 close the public hearing.
3 Michael Harvey said staff has made a recommendation, but the BOCC can close the
4 hearing and take whichever action it sees fit.
5
6 VOTE: UNANIMOUS
7
8 Commissioner Greene said she would like more time to think about this topic, and
9 gather more information. She said she does not feel fully informed to vote this evening.
10
11 A motion was made by Commissioner Greene, seconded by Commissioner Price to
12 defer this item to the April 7, 2020 Board of Commissioners' Business Meeting.
13
14 VOTE: Ayes, 5; Nays, 1 (Commissioner Marcoplos)
15
16 b. Public Hearinq on the Financing of Various Capital Investment Plan Protects
17 The Board conducted a public hearing on the issuance of approximately $45,500,000 to
18 finance capital investment projects and equipment for the fiscal year; and consider voting to
19 approve a related resolution supporting the County's application to the Local Government
20 Commission (LGC) for its approval of the financing arrangements.
21 Gary Donaldson, Chief Financial Officer, presented the information below:
22
23 BACKGROUND:
24 County staff estimates that the total amount to be financed for capital investment projects and
25 equipment will be approximately $45,500,000. The statutes require that the County conduct a
26 public hearing on the proposed financing. A copy of the published notice of this hearing is
27 provided (Attachment 1).
28
29 The notice of public hearing was advertised in The Herald Sun and the News of Orange.
30
31 After conducting the public hearing and receiving public input, the Board may consider the
32 adoption of the resolution (Attachment 2). The resolution formally requests the required approval
33 from the North Carolina Local Government Commission (LGC) for the County's financing, and
34 makes certain finding of fact as required under the LGC's guidelines. County staff has been in
35 contact with the LGC staff, and staff expects no issues in receiving LGC approval.
36
37 If the Board adopts the resolution indicating its intent to continue with the financing plan, the
38 Board will be asked to consider a resolution giving final approval to the financing plans at its April
39 7, 2020 meeting. Under the current schedule, County staff expects to set the final interest rates
40 and close by the end of April.
41
42 FINANCIAL IMPACT: There is no financial impact related to this action. However, there will be a
43 financial impact in proceeding with the financing. A preliminary estimate of maximum debt
44 service applicable to the capital investment projects and equipment financing would require the
45 highest debt service payment of$4.2 million in FY 2021-22. The tax rate equivalent for the
46 estimated highest debt service payment is approximately $2.23 cents.
47
48 Gary Donaldson made the following PowerPoint presentation:
21
1
2 Series 2020 Limited Obligation Bonds
3 Spring Financing Resolution
4 March 10, 2020
5
6 Purpose
7 ➢ Conduct Public Hearing for Limited Obligation Bonds pursuant to NC Statute Section
8 160A-20
9 ➢ Obtain Board Approval to Proceed with Filing Local Government Commission
10 Application for Series 2020 Financing
11 ➢ Funds our FY 2019-20 Capital Investment Plan through this Series 2020 Limited
12 Obligation Bonds are secured by a Deed of Trust, with a security interest in the Northern
13 Campus and a portion of the Southern Campus
14 ➢ The Series 2020 Limited Obligation Bonds will fund various County projects including:
15 - Vehicles and Equipment (5-8 Years useful life): $717,228
16 - County Facilities (up to 20 years useful life): $33.1 Million*
17 - School Facilities (up to 20 years useful life): $8.6 Million
18 Total: $42.3 Million
19 * $29 Million represents remaining amount for Northern Campus construction
20
21 Projects to be Financed (chart)
22
23 Key Financinq Terms
24 ➢ Security Pledge- County assets and annual County appropriations
25 ➢ Maturity Term- 5- 20 Year maturities matches the useful life of the assets
26 ➢ Estimated Interest Rates- up to 3% subject to market conditions
27 ➢ Maximum Annual Debt Service not exceeding $4.2 Million (FY 2021-22)
28 ➢ Source of Repayment- Property Tax, Solid Waste Fees and Sportsplex Fees
29 ➢ Limited Obligation Bonds are Subordinate Lien to AAA General Obligation Bonds
30 ➢ Anticipated Limited Obligation Bonds- AA1/AA+/AA+ from Moody's, Standard & Poor's
31 and Fitch Ratings
32
33 Key Debt Model Metrics (chart)
34
35 Financinq Schedule (chart)
36
37 Commissioner Marcoplos asked if schools' "other various projects" line is determined
38 the same way as the fiscal year budget; as collaboration between the school and County
39 prioritizing projects.
40 Gary Donaldson said yes.
41 Commissioner Marcoplos asked if any specific projects are interesting.
42 Gary Donaldson said no, there are projects across all facilities, and it will be a matter of
43 prioritizing the major needs. He said the amounts they are ready to finance may be slightly
44 lower when staff returns to the BOCC, due to projects not being ready to move forward.
45 Commissioner Price asked if there is a difference between improvements to older
46 schools and other various projects.
47 Gary Donaldson said that is the designation that the schools have for looking at older
48 facilities that require more capital needs. He said it distinguishes between the older and the
49 newer schools.
22
1 Commissioner Price asked if the projects will be clearer, by April, what some of the
2 various projects would be.
3 Gary Donaldson said yes.
4 Commissioner Price said she does not need to know every single dollar, but would like
5 to know the difference between recurring capital, improving older facilities, and other various
6 projects.
7 Gary Donaldson said staff will have further specifics in the coming weeks.
8 Commissioner McKee asked if there is a reason that the Skills Development Relocation
9 Europa Center upfit has a line item of$254,953. He said the BOCC has not even decided if a
10 skills center will be placed in the library complex.
11 Bonnie Hammersley said the temporary location for this center will be at the Europa
12 Center, and it will move there in the next month, and will remain until a new location is
13 confirmed. She said the skills center had to vacate its Franklin Street location.
14 Commissioner Price referred to the Link Building, and asked if there will be on-going
15 costs as the County waits to determine what will be done with it.
16 Gary Donaldson said these costs were incurred since the decision was made.
17
18 A motion was made by Commissioner Bedford, seconded by Commissioner Greene to
19 open the public hearing.
20
21 VOTE: UNANIMOUS
22
23 PUBLIC COMMENT:
24 NONE
25
26 A motion was made by Commissioner McKee, seconded by Commissioner Price to
27 close the public hearing.
28
29 VOTE: UNANIMOUS
30
31 A motion was made by Commissioner Price, seconded by Commissioner Bedford for the
32 Board to adopt the resolution supporting the application to the Local Government Commission
33 for approval of the financing.
34
35 Commissioner Bedford thanked Gary Donaldson for this information.
36
37 VOTE: UNANIMOUS
38
39 6. Regular Agenda
40
41 a. Defininq a Final Project Scope for County Space for the 203 South Greensboro
42 Street Protect in Cooperation with the Town of Carrboro
43 The Board considered voting to authorize a final project scope for the 203 South
44 Greensboro Street Project in cooperation with the Town of Carrboro and to consider, if
45 appropriate, the First Amendment to a Development Agreement between the Town of Carrboro
46 and Orange County for the design and construction of a jointly used government facility at 203
47 Greensboro Street in the Town of Carrboro.
48 Travis Myren presented this item.
49
50 BACKGROUND:
23
1 In December 2017, Orange County and the Town of Carrboro signed a Development
2 Agreement for the design and construction of a facility that would jointly contain administrative
3 offices for the Town of Carrboro, spaces for The Arts Center of Carrboro, and the Orange
4 County Southern Branch Library (Attachment 5). The design process began shortly afterward
5 and proceeded until the development of schematic design documents and initial cost estimates.
6 At that point, The Arts Center of Carrboro withdrew from the project.
7
8 Subsequently, both Orange County and the Town of Carrboro have discussed changes to the
9 occupant mix and associated space allocation within the facility. The Town has proposed
10 adding various functions totaling approximately 6,950 square feet in Town allocated space while
11 the County staff have discussed adding a permanent location for the Skills Development
12 Center.
13 Adding the Skills Development Center would increase the County's space by approximately
14 12,600 square feet and increase the County's overall space allocation from 41% to 56%. This
15 abstract would authorize the final scope of County space by outlining two options. One of these
16 options would be memorialized in the First Amendment to the Development Agreement.
17 The first option is to proceed with the addition of the Skills Development space. The table below
18 summarizes the proposed project budget and how it compares with funds currently planned in
19 the County's Capital Investment Plan.
20
21 203 South Greensboro Project Budget with Skills Development
22
23 Approved Capital Proposed Difference
24 Investment Plan Budget
25 Professional Fees - 56%/44% $ 1,172,500 $ 1,987,493 $ 814,993
26 Library Construction @ 15,000 sq. ft. $ 4,625,000 $ 4,725,000 $100,000
27 Skills Development Const. @ 12,600 sq. ft. $ 3,969,000 $ 3,969,000
28 Parking Construction - 83 spaces $1,000,000 $2,075,000 $1,075,000
29 Common Area Construction - 56%/44% $1,008,000 $1,008,000
30 Furniture, Fixtures, Equipment $1,250,000 $1,250,000
31 Owners Contingency - 5% Construction Costs $588,850 $588,850
32 TOTAL $6,797,500 $15,603,343 $8,805,843
33
34 The escalation of approximately $8.8 million in project costs is primarily attributable to four
35 factors. First, additional professional fees will be incurred as the plans are modified to remove
36 and repurpose space that had been allocated to the Arts Center. Second, the addition of the
37 Skills Development space would add approximately $3.9 million in construction costs and
38 approximately $1 million to add 33 parking spaces. The majority of this cost ($3.75 million) will
39 be repaid through the lease or sale of 501 and 503 West Franklin. Third, the original project
40 budget was created in the FY2011-16 Capital Investment Plan and did not contemplate a
41 shared facility with common areas or an adequate budget for furniture, fixtures, and equipment.
42 Finally, the owner's contingency is dependent on the project delivery method which was not
43 known when the project was originally included in the Capital Investment Plan. In this case, the
44 owner's contingency is based on using a Construction Manager at Risk method to deliver the
45 project. Additional details regarding this option are contained in Attachment#1 — Budget
46 Allocation with Skills Development.
47
48 The second option is to proceed only with the Southern Branch Library. Due to many of the
49 same factors listed above, this option would also involve additional costs as summarized in the
50 table below.
24
1
2 203 South Greensboro Project Budget - Library Only
3
4 Approved Capital Proposed Difference
5 Investment Plan Budget
6
7 Professional Fees 40.5%/59.5% $1,172,500 $1,437,383 $264,883
8 Library Construction @ 15,000 sq. ft. $4,625,000 $4,725,000 $100,000
9 Skills Development Const. @ 12,600 sq. ft.
10 Parking Construction - 50 spaces $1,000,000 $1,250,000 $250,000
11 Common Area Construction 40.5%/59.5% $729,000 $729,000
12 Furniture, Fixtures, Equipment $750,000 $750,000
13 Owners Contingency - 5% Construction Costs $335,650 $335,650
14 TOTAL $6,797,500 $9,227,033 $2,429,533
15
16 Proceeding with the Library Only option would still require additional professional fees. This
17 option also reflects an escalation in the cost of parking spaces compared to the current project
18 budget as well as the introduction of costs for common area; furniture, fixtures, and equipment;
19 and an owner's contingency based on the Construction Manager at Risk project delivery
20 method. Additional details regarding this option are contained in Attachment#2 — Budget
21 Allocation Library Only. If this option is chosen, the County would continue to lease space for
22 Skills Development programming. The County has executed a five year lease in the Europa
23 Center totaling $1.18 million during that timeframe. The lease could be extended, modified, or
24 eliminated at the end of the five year period.
25
26 The Draft First Amendment to the Development Agreement(Attachment 3) reflects the addition
27 of Skills Development space as described in Option 1. Choosing Option 2 would require a
28 renegotiation of the Amendment with the Town of Carrboro, and the timeline would be adjusted
29 accordingly.
30
31 Once a final development agreement is executed by the parties, the project development
32 process will resume. A revised preliminary schedule has been created and is provided at
33 Attachment 4. The schedule indicates that the design will begin in March 2020 and continue
34 until April 2021. Construction will begin in May 2021 and conclude in June 2022.
35
36 FINANCIAL IMPACT: The Board previously appropriated $6,797,500 for design and
37 construction of the Southern Branch Library. Option 1, adding the Skills Development Center
38 and recognizing total project costs, would add approximately $8.8 million to the project budget.
39 Option 2, constructing the Southern Branch Library only but recognizing the total project costs,
40 would add approximately $2.43 million. Either change to the project budget would be reflected
41 in the Manager's Recommended Capital Investment Plan with construction expenditures
42 planned for FY2021-22.
43
44 Travis Myren made the following PowerPoint presentation:
45
46 Final Project Scope
47 203 South Greensboro Street
48
49 Most Recent Evolution of the Orange County Southern Branch Library Project
50
25
1 County Capital Projects Fiscal Years 2011-16 (chart)
2
3 Orange County Southern Branch Library Evolution - graph
4
5 Orange County Southern Branch Library Site- photo
6
7 Recent Board Action- June 2019
8 FY2019-24 Capital Investment Plan
9 o Authorized Southern Branch Library Construction Budget
10 Professional Fees $1,172,500
11 Construction Cost $5,625,000
12 Total $6,797,500
13 o Carrboro Partnership and Development Agreement
14 ■ Formalized 203 South Greensboro Street Site
15 ■ Colocation of Library Space with Town Offices
16 ■ Project Commencement Delayed due to Town Decisions on Parking
17
18 Recent Board Action -June 2020
19 Future Location of the Skills Development Center
20 o Lease Approved on January 21 to Relocate Skills Development Center to Europa
21 Center, Suite 101
22 o Three (3) Year Term with Option to Extend to Five (5) Years
23 o Rent Increases by 3% Each Year
24
25 Scope Decision for County Space at 203 South Greensboro Street
26 Option #1
27 Add 12,600 Square Feet for
28 Skills Development Center
29 ➢ Budget Adjustments in the FY2020-25 Capital Investment Plan to Add Space and
30 Include All Project Elements
31 ➢ Approve First Amendment to the Development Agreement with Town of Carrboro
32 (Attachment #3)
33
34 Changes in Space Allocation -table
35
36 Changes to Budget Estimates-table
37
38 Budget Differences from Current Adopted Budget
39
40 • Total Space Allocation Increases from 40.5% to 56%
41 o Increases County Costs for Any Expenses Split Proportionally
42 • Professional Fees
43 o Redesign due to ArtsCenter Withdrawing from the Project
44 o Increase in County Space Allocation
45 o Design Fees for the Skills Development Center - $100,000
46 • Skills Development Construction
47 o Add 12,600 square feet @ $315/square foot = $3,969,000
48 o Add 33 Parking Spaces @ $25,000 per space = $825,000
49 o Rent from 501/503 South Franklin Street to Cover$3.75 Million in Debt Service
50 0 Shared Space and Furniture, Fixtures, and Equipment
26
1 o Common Area Addition - $1,008,000
2 o Furniture, Fixtures, and Equipment for Library ($750,000) and Skills
3 Development ($500,000)
4 Owner's Contingency
5 o Project Delivery Method Chosen - Construction Manager at Risk
6 o Contingency @ 5% of Construction Costs - $588,850
7
8 Scope Decision for County Space at 203 South Greensboro Street
9 Option #2
10 Proceed with Southern Branch Library Only
11 ➢ Budget Adjustments in the FY2020-25 Capital Investment Plan to Include All Project
12 Elements
13 ➢ Renegotiate First Amendment to the Development Agreement with Town of Carrboro for
14 Board Consideration
15
16 Changes to Budget Estimates- Library only-table
17
18 Budget Differences from Current Adopted Budget
19
20 • Professional Fees
21 o Redesign due to ArtsCenter Withdrawing from the Project
22 • Parking Costs Per Unit
23 o Increased from $20,000 per space to $25,000 per space
24 o 50 Parking Spaces Dedicated to Library = $250,000 net cost increase
25 • Shared Space and Furniture, Fixtures, and Equipment
26 o Common Area Addition - $1,008,000
27 o Furniture, Fixtures, and Equipment for Library ($750,000)
28 • Owner's Contingency
29 o Project Delivery Method Chosen - Construction Manager at Risk
30 o Contingency @ 5% of Construction Costs - $335,650
31
32 Project Timeline
33
34 Next Steps
35 1. Proceed with Option #1 to include space for both the Southern Branch Library and the
36 Skills Development Center
37 ➢ Approve the proposed First Amendment to the Development Agreement
38 (Attachment 3)
39 ➢ Authorize the County Manager to sign the Agreement
40 2. Proceed with Option #2 to include space for the Southern Branch Library
41 ➢ Direct staff to amend the draft Amended Agreement to be considered at a later
42 date.
43
44 Budget Adjustments in the FY2020-25 Capital Investment Plan to Reflect Either Option
45
46 Commissioner Price asked if the BOCC were to select Option 1- with the Skills
47 Development Center- can the County break its lease with the Europa Center.
48 Travis Myren said yes, it is an initial 3-year term, with the option to extend.
27
1 Commissioner Price referred to the parking, and asked if it is based on Carrboro's
2 existing zoning. She asked if there has been any thought of modifying that requirement, and
3 encouraging people to use the public transportation.
4 Travis Myren said there has been a specific conversation about library parking, and
5 there are 50 spaces dedicated to the library, which is in the development agreement. He said if
6 the Board wanted to re-visit this issue, it could do so.
7 Commissioner Price asked if parking will be needed for the Skills Development Center.
8 Travis Myren asked Steve Arndt, Asset Management Services Director, if the 33 spaces
9 for the Skills Development Center are based on town ordinance.
10 Steve Arndt said the 33 spaces will only serve a small fraction of the Skills Center's
11 attendees, but many students take public transportation, and ongoing access to this is
12 important.
13 Bonnie Hammersley said one of the things that have held up this project is parking, but
14 Carrboro has decided not to hold up the project with its townwide parking needs. She said
15 there was a plan for underground parking, but it was cost prohibitive. She said the plan is to
16 build a parking deck adjacent to the building. She said Carrboro wants to replace the parking it
17 is losing (as this is being built on an existing lost), and there is a required amount of parking
18 spots for the library (-50) and the Skills Center (-33). She said the parking that will be built will
19 serve this building, as opposed to being town wide parking.
20 Commissioner Marcoplos said the building will have other uses.
21 Bonnie Hammersley said the parking deck will be —150 spaces, and the other spaces
22 are being paid for by the Town of Carrboro.
23 Commissioner Bedford referred to the chart with the increase of$8.8 million, which
24 includes the Skills Center, and said if she subtracts the increase of$2.4 million (without the
25 Skills Center), she is left with $6.37 million. She asked if she can subtract $3.75 million, of the
26 debt repayment, if everything goes according to plan, to get to a net of$2.62 million. She said
27 this would be only $200,000 more than if they do not do it.
28 Travis Myren said this is not a net number, and the $3.75 million would come in
29 regardless.
30 Commissioner Bedford said it could be used of other things, such as opportunity costs.
31 She said when she voted to consider the WELL project, it was part of her thought that there
32 would be a revenue stream that could help support the design of this building. She said she is
33 leaning towards doing it. She said she understands there is a risk, and the $4 million might not
34 happen, and the whole thing could implode at any time.
35 Commissioner Greene said if the Board does not do the Skills Center, it is just kicking a
36 problem down the road. She said to put the Skills Center there, and even if it is relocated at
37 some point, this is a good infrastructure investment for the County, in a critical location in down
38 town Carrboro,
39 Commissioner Marcoplos said, in terms of transit, it is much better for public
40 transportation than the Europa building.
41 Commissioner McKee said he finds it interesting that this project has gone from a simple
42 library to this bigger project. He said he understands the arguments being made, but it
43 concerns him greatly because the costs have more than doubled. He asked staff if there is a
44 reason that figures for furniture, etc. were not included in the original proposal.
45 Travis Myren said there were monies ($750,000 for the library) that were programmed in
46 the future, but not yet authorized. He said $6.79 million has been authorized, and he did not
47 include anything that was in the future capital investment plan (CIP) at some point.
48 Commissioner McKee said the County has a lot of construction projects going forward,
49 and he needs total actual costs, not draft numbers. He said he is not sure that he will vote for
50 this, as he has watched it grow and grow and grow. He said the Link building needs to be
28
1 addressed; the Board heard a few weeks ago that schools need $500 million; and he is very
2 concerned about how the County is proceeding. He said money has to come from somewhere,
3 and he is concerned that a recession may be looming. He said he would be in favor of only
4 proceeding with the library. He referred to a letter, and asked if that square footage is in
5 addition to what is already proposed.
6 Travis Myren said no, the County would not be involved in that additional space.
7 Commissioner Price asked if the County get revenue from WELL to offset the costs of
8 the Skills Development Center.
9 Commissioner McKee said theoretically the County would receive money from WELL.
10 Commissioner Price said when the library was conceived, the Skills Development
11 Center was not an issue, but the possible colocation offers a good marriage of entities.
12 Travis Myren said there will be another check in point, as somebody will have to accept
13 the GMP. He said staff can make that GMP acceptance contingent on both Town and BOCC
14 action.
15 Commissioner McKee said he does not question the intent or the value of the project,
16 but rather from where the money will come. He said he refuses to return to the days when the
17 County significantly increased taxes every year.
18 Commissioner Bedford said in the last recession, projects had to be shovel ready with
19 the school systems. She said if interest rates do fall, it is an opportune time to be shovel ready.
20 She said having the Skills Center remain in a downtown area is important, and she wants to
21 support a bigger vision for the community.
22 Commissioner Marcoplos asked if the next check in point is scheduled.
23 Travis Myren said the GMP would be available in March 2021.
24
25 A motion was made by Commissioner Marcoplos, seconded by Commissioner Price for
26 the Board to:
27 1) Proceed with Option 1 to include space for both the Southern Branch Library and the
28 Skills Development Center, approve the proposed First Amendment to the Development
29 Agreement(Attachment 3), and authorize the County Manager to sign the Agreement;
30
31 VOTE: Ayes, 5; Nays, 1 (Commissioner McKee)
32
33 7. Reports
34 NONE
35
36 8. Consent Agenda
37
38 • Removal of Any Items from Consent Agenda
39 Chair Rich — i and j
40 Commissioner Greene — o
41
42 • Approval of Remaining Consent Agenda
43
44 A motion was made by Commissioner Bedford, seconded by Commissioner Price for the
45 Board to approve the remaining items on the Consent Agenda.
46
47 VOTE: UNANIMOUS
48
49 Discussion and Approval of the Items Removed from the Consent Agenda
50
29
1 i. Fiscal Year 2019-20 Budget Amendment#6
2 The Board considered approving budget and grant project ordinance amendments for
3 fiscal year 2019-20.
4
5 Chair Rich said there is a lot of talk in the public about budget amendments not being
6 public records, but that is absolutely not true. She said all budget amendments are public
7 record.
8 Chair Rich referred to page 5, and said the Visitors' Bureau (VB) accepted $174,500
9 from the Town of Chapel Hill. She said this is an ongoing agreement between these two
10 entities. She thanked the Town for its ongoing support of the VB.
11
12 A motion was made by Commissioner Marcoplos, seconded by Commissioner McKee to
13 approve the budget and grant project ordinance amendments for fiscal year 2019-20.
14
15 VOTE: UNANIMOUS
16
17 j. Agreements for Right-of-Way Encroachments on Primary and Secondary
18 Highways — Bus Shelters
19 The Board considered voting to approve Right-of-Way Encroachment Agreements for Non-
20 Utility Encroachments on Primary and Secondary Highways authorizing Orange County, on
21 behalf of Orange County Public Transportation, to enter into agreements with the North
22 Carolina Department of Transportation (NCDOT) for the installation of four (4) bus shelters at
23 existing bus stops and authorize the Chair to sign. Three bus stops are in Hillsborough and one
24 bus stop is in Chapel Hill.
25
26 Chair Rich said there have been false statements in the public claiming that
27 transportation dollars were coming out of homeowner taxes. She said this is not at all accurate,
28 and article 43 taxes pay for transportation costs.
29
30 A motion was made by Commissioner McKee, seconded by Commissioner Bedford to
31 approve Right-of-Way Encroachment Agreements for Non-Utility Encroachments on Primary
32 and Secondary Highways authorizing Orange County, on behalf of Orange County Public
33 Transportation, to enter into agreements with the North Carolina Department of Transportation
34 (NCDOT) for the installation of four (4) bus shelters at existing bus stops and authorize the
35 Chair to sign. Three bus stops are in Hillsborough and one bus stop is in Chapel Hill.
36
37 VOTE: UNANIMOUS
38
39 o. Greater Triangle Commuter Rail Study— Next Steps
40 The Board considered voting to adopt a resolution receiving the results of the Greater
41 Triangle Commuter Rail (GTCR) study and deferring additional study for Orange county
42 sections.
43 Commissioner Greene said this item provides the BOCC with the results of a study of
44 the GTCR. She said the larger regional transit plans include the possibility of a commuter rail
45 going from Raleigh to Durham, and possibly from Selma to Burlington. She said the study
46 showed that the extension from Durham to Hillsborough would involve $200-$300 million capital
47 expense with $7 million of annual operating costs to serve a projected 150-250 people. She
48 said this is not cost effective, and this is dead in the water, at this time.
49
30
1 A motion was made by Commissioner Greene, seconded by Commissioner Price to
2 adopt a resolution receiving the results of the Greater Triangle Commuter Rail (GTCR) study,
3 and deferring additional study for Orange county sections.
4
5 VOTE: UNANIMOUS
6
7 a. Minutes
8 The Board approved the minutes from January 24, 28 and February 4, 11, 2020, as submitted
9 by the Clerk to the Board.
10 b. Motor Vehicle Property Tax Releases/Refunds
11 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
12 property tax values for eight taxpayers with a total of eight bills that will result in a reduction of
13 revenue in accordance with NCGS.
14 c. Property Tax Releases/Refunds
15 The Board adopted a resolution, which is incorporated by reference, to release property tax
16 values for nineteen taxpayers with a total of twenty-four bills that will result in a reduction of
17 revenue in accordance with North Carolina General Statute 105-381.
18 d. Applications for Property Tax Exemption/Exclusion
19 The Board considered six untimely applications for exemption/exclusion from ad valorem
20 taxation for six bills for the 2019 tax year.
21 e. Resolution Regarding Underpayment and Overpayment of Taxes
22 The Board approved a new resolution, which is incorporated by reference, as an administrative
23 clean-up confirming Resolution 2001-039, which was adopted by the Board on April 17, 2001 to
24 allow the Tax Collector to write off up to $1.00 in underpayment and absorb up to $1.00 in
25 overpayment of taxes.
26 f. City of Durham's Teer Quarry Reservoir— Letter of "No Objection" from Orange
27 County Related to the Voluntary Eno River Capacity Use Agreement
28 The Board approved and authorized the Chair to sign a letter of"No Objection" from Orange
29 County related to the City of Durham's proposed initiative to withdraw excess water from the
30 Eno River for the purposes of filling the City of Durham's Teer Quarry Reservoir in conformance
31 with the existing Voluntary Eno River Capacity Use Agreement and additional guidelines agreed
32 upon by the North Carolina Division of Water Resources (NCDWR).
33 g. Adoption of Involuntary Commitment Transport Plan
34 The Board adopted a plan (transportation agreement) for the custody and transportation of
35 respondents under involuntary commitment from one entity to another.
36 h. Approval of the Transfer of Ownership of One (1) Manufactured Home Unit to
37 EmPOWERment, Inc.
38 The Board approved a resolution, which is incorporated by reference, transferring from Orange
39 County to EmPOWERment, Inc. the ownership of one (1) manufactured home purchased under
40 the previously approved Orange County Land Banking/Manufactured Home Park Initiative's
41 Displacement Mitigation Assistance Program (DMAP) and authorize the Chair to sign.
42 L Fiscal Year 2019-20 Budget Amendment#6
43 The Board approved budget and grant project ordinance amendments for fiscal year 2019-20
44 for the Department on Aging; County Manager's Office; Sheriff's Office; Human Rights and
45 Relations; Cooperative Extension; Finance and Administrative Services; Board of County
46 Commissioners; Department of Social Services; Library Services and Visitors' Bureau.
47 j. Agreements for Right-of-Way Encroachments on Primary and Secondary Hiqhways —
48 Bus Shelters
49 The Board approved Right-of-Way Encroachment Agreements for Non-Utility Encroachments
50 on Primary and Secondary Highways authorizing Orange County, on behalf of Orange County
31
1 Public Transportation, to enter into agreements with the North Carolina Department of
2 Transportation (NCDOT) for the installation of four (4) bus shelters at existing bus stops and
3 authorize the Chair to sign. Three bus stops are in Hillsborough and one bus stop is in Chapel
4 Hill.
5 k. Lease of 1000 Corporate Drive, Suites 401 and 402, Hillsborough
6 The Board approved and authorized the Manager to sign a lease of 1000 Corporate Drive,
7 Suites 401 and 402, in Hillsborough upon final review by the County Attorney.
8 I. Schools Adequate Public Facilities Ordinance (SAPFO) — Receipt and Transmittal of
9 2020 Annual Technical Advisory Committee Report
10 The Board received, in conjunction with the standard and customary annual process outlined in
11 the Schools Adequate Public Facilities Ordinance, the 2020 Annual Report of the SAPFO
12 Technical Advisory Committee (SAPFOTAC) and transmitted it to the SAPFO partners for
13 comments before certification in May.
14 m. Advisory Boards and Commissions —Appointments
15 The Board approved the Advisory Boards and Commissions appointments as reviewed and
16 discussed during the February 11, 2020 Work Session.
17 n. Approval of System Safety Program Plan and Title VI Plan for Orange County Public
18 Transportation
19 The Board approved an updated System Safety Program Plan and Title VI Plan for Orange
20 County Public Transportation (OCPT) based on a North Carolina Department of Transportation
21 requirement that all transit agencies have an updated safety security program plan and Title VI
22 plan approved by the governing board.
23 o. Greater Triangle Commuter Rail Study— Next Steps
24 The Board adopted a resolution, which is incorporated by reference, receiving the results of the
25 Greater Triangle Commuter Rail (GTCR) study and deferring additional study for Orange
26 county sections.
27
28 9. County Manager's Report
29 Bonnie Hammersley reminded the BOCC of the following events:
30 Monday, March 161": Census Launch Events
31 Tuesday, March 171": BOCC Work Session, including two items
32
33 10. County Attorney's Report
34 NONE
35
36 11. *Appointments
37 NONE (Will be discussed at the BOCC Work Session on March 17`")
38
39 12. Information Items
40 • February 4, 2020 BOCC Meeting Follow-up Actions List
41 . Tax Collector's Report— Numerical Analysis
42 . Tax Collector's Report— Measure of Enforced Collections
43 • Tax Assessor's Report— Releases/Refunds under$100
44 . Financial Report for Second Quarter of FY 2019-20
45
46 13. Closed Session
47 Bonnie Hammersley said the Economic Development and the Land Acquisition items
48 could be moved to another date, due to lack of being time sensitive.
49
32
1 A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos
2 to go into closed session at 10:02 p.m. for the purpose below:
3
4 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in
5 order to preserve the attorney-client privilege between the attorney and the Board."
6 VOTE: UNANIMOUS
7
8 RECONVENE INTO REGULAR SESSION
9
10 A motion was made by Commissioner McKee, seconded by Commissioner Price to
11 reconvene back into regular session at 10:30 p.m.
12
13 VOTE: UNANIMOUS
14
15 14. Adjournment
16
17 A motion was made by Commissioner McKee seconded by Commissioner Price to
18 adjourn the meeting at 10:30 p.m.
19
20 VOTE: UNANIMOUS
21
22
23 Penny Rich, Chair
24
25 Donna Baker
26 Clerk to the Board
27
1
1 Attachment 2
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 VIRTUAL BUSINESS MEETING
6 March 24, 2020
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday,
10 March 24, 2020 at 7:00 p.m.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Rich and Commissioners Jamezetta Bedford,
13 Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
18 appropriately below)
19
20 Chair Rich called the meeting to order at 7:00 p.m.
21
22 Due to current public health concerns, the Board of Commissioners conducted an abbreviated,
23 Virtual Business meeting on March 24, 2020 utilizing GoToMeeting. Members of the Board of
24 Commissioners participated in the meeting remotely. Members of the public were able to view
25 and listen to the meeting, but did not have the opportunity to speak at any point during this
26 meeting. The public had an opportunity to submit written comments bV sending an email to
27 ocbocc(�orangecountync.gov.
28
29 As in prior meetings, the meeting was streamed in real-time on the County's website for public
30 viewing/listening, real-time broadcast on Spectrum Cable, and video-recorded for future
31 television broadcast and referenced on the County's website.
32
33 1. Additions or Changes to the Agenda
34
35 Chair Rich asked the Board to add an emergency policy meeting update to the agenda
36 from Travis Myren.
37 The Board agreed by consensus.
38
39 PUBLIC CHARGE
40 Chair Rich acknowledged the public charge.
41
42 2. Public Comments
43
44 "NOT APPLICABLE FOR THIS MEETING"
45
46
47 3. Announcements, Petitions and Comments by Board Members
48
49 "NOT APPLICABLE FOR THIS MEETING"
50
2
1 4. Proclamations/ Resolutions/ Special Presentations
2 NONE
3
4 5. Public Hearings
5 NONE
6
7 6. Regular Agenda
8
9 ADDED ITEM:
10 Travis Myren said on March 131" the N.C. Governor declared a state of emergency, and
11 the County has been communicating via website to the public, along with social media and a
12 myriad of other avenues and resources.
13 Travis Myren said in terms of County operations, these are mostly done now via online,
14 phone or by appointment, and most are functioning as usual. He said this information is on the
15 homepage.
16 Travis Myren said starting tomorrow people entering buildings for essential operations
17 will be given a health screening. He said staff and the public will be answering health and travel
18 related questions and having temperatures taken.
19 Travis Myren has asked for an update on Food distribution and will share with the Board
20 later tonight in addition to the normal food distributions.
21 Travis Myren said there are some communities that have declared their own stay at
22 home policies, and those conversations have been occurring at the Mayors and Chair level.
23 Commissioner McKee said as they speak about this potential shelter in place for Orange
24 County, he requested that the Board be made aware of that.
25 Chair Rich said they have been trying to push out follow-ups from their various
26 emergency policy meetings. She said there is not yet any information about sheltering in place.
27 Commissioner McKee said he would be interested if any exceptions are in place, if the
28 County does a proclamation of sheltering in place.
29 Commissioner Marcoplos said the Board does not need to micro-manage staff that has
30 the authority to make decisions in emergency situations.
31 Chair Rich said since they are in a state of emergency, and they are just starting this
32 process, and this would be an amendment to any declaration.
33 John Roberts said state statute and the declaration gives the Chair authority to agree to
34 this type of declaration, and it can be applicable in their jurisdictions.
35 Commissioner McKee said he is not asking for micromanagement but just asking that
36 Board members be informed before any information goes out to the public.
37 Chair Rich said of course.
38 Commissioner Dorosin asked if, based on conversations with Mayors and the call with
39 the Governor, there is any indication about which way things are leaning.
40 Chair Rich said the conversation with the Mayors is that the overall feeling is that the
41 Governor is not ready to declare a shelter in place for the whole state at this point. She said
42 she had been in touch with other counties, and Durham has a press conference tomorrow
43 morning and that their Mayor is going to declare a state of emergency. Her feeling from the
44 Mayors is that they want to look at any draft language first, and she is talking to them tomorrow,
45 and looping in UNC.
46 Commissioner Greene said that the City of Beaufort has approved a shelter to place.
47 Chair Rich said that Orange County went from 6 cases to 11 cases overnight.
48 Commissioner Dorosin asked if they do not go all the way to a stay at home declaration,
49 have any other modifications to the declaration been considered.
3
1 Bonnie Hammersley said people can walk into parks and are not being kicked out, but
2 the County is discouraging congregants.
3
4 Commissioner Price referred to the health screenings, and asked if there are certain
5 protocols for this process.
6 Travis Myren said if one has a temp over 100.4 degrees, or answers that say they are
7 symptomatic, then they cannot go into the buildings.
8
9 a. Approval of Emergency Small Business Funding Program
10 The Board considered voting to create the Emergency Small Business Funding
11 Program, to provide Emergency Small Business funding to Orange County small businesses
12 experiencing revenue loss due to the coronavirus pandemic in the form of both grants and
13 loans. This program will be funded using Article 46 Sales Tax revenue that was originally
14 budgeted in the Small Business Loan Program. The current balance in the Article 46 Small
15 Business Loan Program is approximately $300,000.
16 Bonnie Hammersley said this is an emergency measure the County is taking to assist
17 businesses during this current emergency situation.
18 Travis Myren reviewed the information below:
19
20 PURPOSE: To provide Emergency Small Business funding to Orange County small businesses
21 experiencing revenue loss due to the coronavirus pandemic in the form of both grants and
22 loans. This program will be funded using Article 46 Sales Tax revenue that was originally
23 budgeted in the Small Business Loan Program. The current balance in the Article 46 Small
24 Business Loan Program is approximately $300,000.
25
26 BACKGROUND: The coronavirus pandemic has impacted the global stock markets and
27 disrupted economic and business growth throughout the United States. The County is
28 committed to supporting its local businesses and has established various grants and small
29 business loan programs to facilitate economic development. Given the substantial financial
30 impact on small businesses from this pandemic, a new Emergency Small Business Funding
31 Program is intended to provide immediate financial assistance. The BOCC previously approved
32 Article 46 Sales Tax funding for the Small Business Loan Program which will be used to fund
33 the Emergency Small Business Funding Program.
34
35 Eligible small businesses may apply and qualify for a grant, loan or both. An evaluation
36 committee composed of two representatives each from the Small Business Grant Committee,
37 the Agricultural Grant Committee, and the Small Business Loan (SBL) Board will make final
38 determinations for both grants and loans. This group will be staffed by the County's Chief
39 Finance Officer and Director of Economic Development. Following BOCC approval, this group
40 will develop a plan to begin issuing grants and loans between April through June 2020. County
41 staff will provide status reports to the Board.
42
43 Eligibility requirements:
44 . Orange County based businesses
45 • Minimum of one year of operations
46 • For-Profit business status
47 • Profit and Loss statement indicating profitability prior to coronavirus pandemic
48
49 Emergency financing program:
50 • Maximum grant of$5,000 per small business with no repayment required.
4
1 Maximum loan of$20,000 per small business, according to the following terms: o
2 Businesses will be required to provide tax returns. The maximum loan and grant
3 combination available to a small business will be limited to three months of fixed
4 operating expenses.
5 o Loans will be repaid over a five (5) year term. No payments will be due during
6 the first six months of loan origination.
7 o No interest will be changed on loans.
8 o Small business will agree to an auto-draft process for loan payments.
9
10 Travis Myren said he sent around some additional information this afternoon for the
11 recommendation, which is highlighted below
12
13 FINANCIAL IMPACT: The Emergency Small Business Funding Program is funded using funds
14 originally authorized in the Article 46 Sales Tax Fund for the Small Business Loan Program.
15 Approximately $300,000 is available in this account. These funds will be used for the express
16 purpose of making small business loans and grants to eligible businesses.
17
18 Commissioner McKee asked if this will be differentiated as a first come first serve basis.
19 Travis Myren said there will be an application period, and each individual loan and each
20 grant will be limited. He said the evaluation committee will review the applications, and there is
21 currently a $300,000 budget.
22 Commissioner McKee said he was speaking first come first serve for the applications
23 since money is not split out between loans and grants.
24 Travis Myren said they will leave that to the discretion of the evaluation committee to
25 decide where the largest need is.
26 Commissioner Price referred to the tax returns requirement, and asked if there is a
27 specific number of years that will be reviewed.
28 Travis Myren said one prior year tax return.
29 Commissioner Dorosin said the $300,000 is already available for this use, and asked if
30 there is any discussion of increasing this amount. He asked if the funds were to be increased,
31 from where would they come.
32 Commissioner Dorosin said he also wanted to mention that the Board received a letter
33 from the Town of Carrboro Mayor Lavelle requesting their prorated share of the article 46 tax
34 for their small business loan program. He asked if this were to be done, from where would the
35 monies come.
36 Travis Myren said part of the revolving loan program is that they have the $300,000
37 available and if more is needed, staff can come back to the Board with a request
38 Travis Myren said in terms of Carrboro's request, if they did it on a per capita basis, then
39 Carrboro would get $45,000, and he would suggest doing the same for the other jurisdictions
40 on a per capita basis. He said staff could instruct the evaluation committee to make sure there
41 is geographical equity.
42 Commissioner Dorosin asked if there is a plan to get the word out about this program,
43 and are the proposals being evaluated on required documentation, as opposed to if the
44 business serves a vital need in this critical time.
45 Chair Rich said this is only for "for-profits" businesses.
46 Travis Myren said the Chambers are eager to send this out to their membership, and the
47 Chapel Hill Chamber emailed the Board today and encouraged it to proceed with this.
48 Commissioner McKee said he noted that when this tax was originally set up, there was
49 no intent to allocate this to the governmental entities by percentages. He said he is concerned
50 about the communication from Carrboro, since they do not have a dedicated portion.
5
1
2 Travis Myren said he suggested the percentage route because that is what has been
3 done before for other programs, such as the Partnership to end Homelessness, and at this
4 point the Article 46 tax is not allocated by jurisdictions.
5 Commissioner Greene said she thought that the evaluation committee should loosely
6 take into consideration that the funding is spread geographically around the County, and that
7 there is probably more need than money. She said there should not be a cluster in any one
8 part of the County.
9 Travis Myren said staff can communicate this to the evaluation committee.
10 Commissioner McKee agreed.
11 Commissioner Price asked if there are specific criteria the committee will be using.
12 Travis Myren said this will be a special case. He said when this committee is evaluating
13 current loans, their criteria are much more stringent and may be less stringent for this
14 emergency situation.
15 Commissioner Dorosin said he thinks it makes sense to consider distributing the funds
16 to the towns closest to the people since this is an emergency situation. He thinks Carrboro's
17 request is reasonable.
18 Commissioner Marcoplos said he does not think they need to break down the monies
19 into percentages and let the committee decide using geographical spread.
20 Commissioner McKee said he would not be favor of breaking down the funding by
21 percentages. They should honor the way this program was set up and to communicate their
22 intent to honor it geographically.
23 Commissioner Greene said should they consider "playing" with the composition of the
24 evaluation team with representatives from the municipalities, and, again, this is for"for-profit"
25 businesses who are concerned about what is happening to their bottom line.
26 Commissioner Price said the committee could have Economic Development
27 representatives from the towns on the committee. She also suggested possibly using a two-tier
28 system, which would give the monies to the towns to make the first pick, and if they run out of
29 the money they would pick up the funding.
30 Commissioner Dorosin said he is raising this issue primarily because the Town of
31 Carrboro (TOC) requested the Board's consideration. He said if the other towns do not want
32 any funding, then so be it. He said honoring this request does not mean that they have to do it
33 for Chapel Hill and Hillsborough. He said he did not realize that the committee was not
34 weighing the criteria out quantitatively.
35 Chair Rich said her understanding was there would be a time for all applications to be in,
36 and the committee will review them and if they were profitable before this crisis hit, and they
37 have the required documentation, then they get funding. She said there will not be any
38 prioritizations.
39 Chair Rich said the maximum loan could go lower than $20,000.
40 Chair Rich said Carrboro has talked about prioritizing businesses that are forced to shut
41 down.
42 Chair Rich said the Board should consider Carrboro's request, because Carrboro may
43 have businesses that come to them for a revolving loans, and then the County. She said, this
44 way, Carrboro could take the one big pot of money and dole it out.
45 Chair Rich suggested giving a municipality a flat out grant and letting the municipality
46 disburse it.
47 Commissioner McKee said this is not the first time that a municipality has requested to
48 split off this revenue stream, and it will set a precedent and expectation. He does not want the
49 Board to do this by percentages or a tier system.
6
1 Commissioner McKee said if the Board considers this request by Carrboro, then the
2 other two towns will do the same. He said this is becoming more complicated the longer the
3 Board discussed it. He said he does not have a problem with lowering the maximum loan.
4 Commissioner Greene said she can see both sides of this issue. She said if there is no-
5 value criteria, then that cuts the argument that Carrboro is closest to the ground. She said the
6 Board should not just give to Carrboro, because it asked for it, because then one takes away
7 the flexibility of the committee. She said the question of double dipping also comes in. She
8 said in the application process, the committee needs to ask the question to see if entities are
9 double dipping. She said this is a County fund, and the Board need to find a way to distribute it
10 fairly.
11 Commissioner Marcoplos said if the Board divvies up the money now, it will create a
12 precedent. He suggested moving ahead as presented, and to give the committee direction as
13 mentioned.
14 Commissioner Dorosin said he does not know if Carrboro has the same criteria as the
15 County.
16 Commissioner Dorosin said the idea of setting a precedent should not be a concern,
17 since this is an emergency situation. He said if the Board does not want to distribute the
18 monies by percentages, then the Board does not have to do it again.
19 Commissioner Bedford said the loans are not set at a certain amount, just a maximum
20 amount. She agreed with Commissioner Greene that the committee could prorate the
21 amounts. She said this is such a small amount of money that the Board should just move
22 forward, and if this is not working then staff can bring back to the board for amending.
23 Commissioner Marcoplos said they could use the criteria of jobs saved and revenue
24 saved.
25 Commissioner Greene had recommended representatives from the towns to the
26 committee. She asked how the Board felt about that suggestion: one economic development
27 person from each town.
28
29 The Board agreed by consensus.
30
31
32 A motion was made by Commissioner McKee, seconded Commissioner Greene by for
33 the Board to recognize that the Emergency Small Business Funding Program is necessary to
34 preserve jobs and tax base during the coronavirus pandemic and is consistent with the State of
35 Emergency declared by OC on March 13, 2020 and to approve the creation of the Emergency
36 Small Business Funding Program and marketing of this program on the County's website, press
37 release, and social media outlets to communicate available financial support to small
38 businesses impacted by the coronavirus pandemic.
39
40 And to approve an Emergency Small Business Funding Program Committee composed of two
41 representatives each from the Small Business Grant Committee, the Agricultural Grant
42 Committee, and the Small Business Loan (SBL) Board and to add one member from each of
43 the towns to the committee to make final determinations between April through June for both
44 grants and loans and that County staff provide status reports to the Board.
45
46 Commissioner Dorosin said he will vote against this item because the board should be
47 giving the money to the Town of Carrboro.
48 Commissioner Greene asked if there is any way in this motion to add double dipping to
49 this motion.
50 Chair Rich said to just let this play out in the committee.
7
1
2 VOTE: Ayes, 6; Nays, 1 (Commissioner Dorosin)
3
4 7. Reports
5 NONE
6
7 8. Consent Agenda
8
9 Removal of Any Items from Consent Agenda
10
11 Commissioner McKee asked if Item 8-g had been pulled already.
12 Chair Rich said yes.
13 Commissioner McKee said he would like to pull Item 8-e.
14
15 Approval of Remaining Consent Agenda
16
17 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to
18 approve the remaining items on the Consent Agenda.
19
20 VOTE: UNANIMOUS
21
22 Discussion and Approval of the Items Removed from the Consent Agenda
23
24 8-e Orange County Transit Plan (OCTP) Update Award of Contract
25 The Board considered voting to award a consultant contract to update the 2017 Orange
26 County Transit Plan and authorize the Manager to sign.
27 Commissioner McKee said he is concerned about maintenance in this contract, and he
28 wanted to make sure this consultant brings the Board data, and that there is community
29 engagement. He said he wanted to know what types of data streams are going to be used. He
30 said this needs to be Orange County's Plan, and specific to Orange County.
31 Travis Myren said they will look at all of the commuter data, and there are existing
32 transportation models they will be using, along with SPOT the scoring plan and it will be based
33 on local needs with a regional component.
34 Commissioner McKee said his concern is that like the consultant they used for the
35 impact fees. He said Orange County needs concrete information that is data backed, and not
36 going to shift to and fro, so it can create a plan for Orange County and regional needs too. He
37 said he does not want data that gives a false picture.
38 Travis Myren said it will be fiscally constrained.
39 Commissioner Marcoplos said there will be a lot of local input, and he is confident that
40 they will get data provided locally.
41 Commissioner Greene said she is curious about Commissioner McKee's concern. She
42 said he is saying the County wants everything based on data and he wanted data that does not
43 change, but if the plan changes, so will the data. She said different options will have different
44 sets of data.
45 Commissioner Price said in the contract, under Article I, Scope of Work, item 1.1.1,
46 what is to be inserted in "type of work" and by whom; and In Article 8, Amendments to the
47 Agreement, item, what is to be inserted there and by whom.
48 John Roberts said the 2017 Orange County Transit Plan-as to type of work and any
49 amendments would have to be executed by whoever signs the original agreement and that
50 would be the County Manager.
8
1 Commissioner McKee said in response to Commissioner Greene's earlier comments, he
2 said that he has watched two light rail projects fail. He said he watched the second plan veer
3 away from data driven to ideology driven, and he knows there has to be flexibility, but he
4 wanted to make sure the Board does not make the missteps as prior boards have made. He
5 said the Board needs to design a transit plan for Orange County, along with its regional
6 partners.
7 A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos
8 to award a consultant contract to update the 2017 Orange County Transit Plan and authorize
9 the Manager to sign.
10
11 VOTE: UNANIMOUS
12
13 a. Minutes — NONE
14 b. Recommendations for Employee Health Insurance and Other Benefits
15 The Board approved the Manager's recommendations regarding employee health and dental
16 insurance and other employee benefits effective July 1, 2020 through June 30, 2021, with no
17 increase in appropriations for the FY2020/2021 Health Budget and an increase of funding for
18 the Dental Budget of$92,236. Further, the Manager is recommending that the County
19 continues to participate as a member of the North Carolina Health Insurance Pool (NCHIP).
20 c. Fiscal Year 2019-20 Budget Amendment #7
21 The Board approved budget ordinance amendments for fiscal year 2019-20.
22 d. Approval of Amendment to the Orange County Procurement and Disbursement
23 Policy, Housing Rehabilitation Programs, Including Local and North Carolina
24 Housing Finance Agency (NCHFA) Urgent Repair Activities
25 The Board approved an amendment to the Orange County Procurement and Disbursement
26 Policy for County- and State-funded urgent repair projects to allow the Department of Housing
27 and Community Development to 1) select eligible contractors from the Approved Contractor
28 Registry, on a rotating basis, to submit responsive and responsible bids for projects funded by
29 the North Carolina Housing Finance Agency (NCHFA) Urgent Repair Program; 2) eliminate the
30 10% retaining fee held for 60 days after the completion of an urgent repair project; and 3) make
31 the partial payment requirements consistent with the standard contract used for rehabilitation
32 work.
33 e. Orange County Transit Plan (OCTP) Update Award of Contract
34 The Board awarded a consultant contract to update the 2017 Orange County Transit Plan and
35 authorize the Manager to sign.
36 f. Appointment of Commissioner Sally Greene to the NCACC Opioid Litigation
37 Settlement Work Group
38 The Board appointed Commissioner Sally Greene to the North Carolina Association of County
39 Commissioners' (NCACC) Opioid Litigation Settlement Work Group.
40 g. Delegation of Emergency Contracting Authority to the County Manager- REMOVED
41 FROM AGENDA
42 The Board authorized the Manager to execute contracts and agreements in excess of the
43 Manager's signature authority for the duration of the current State of Emergency.
44
45 9. County Manager's Report
46 NONE
47
48 10. County Attorney's Report
49 NONE
50
9
1 11. *Appointments
2 NONE
3
4 12. Information Items
5
6 • March 10, 2020 BOCC Meeting Follow-up Actions List
7 • MMC Facilitated Conversation about the Greene Tract - Final Session Notes - February
8 14, 2020
9
10 13. Closed Session
11 NONE
12
13 Chair Rich said she and staff are not sure how long the Board will need to do remote
14 meetings, but will keep the Board updated.
15 Commissioner Marcoplos thanked staff and the Chair for working so hard throughout
16 this emergency situation.
17 Chair Rich said she and staff will continue to push out all the information and facts to the
18 Board and to the public.
19
20 14. Adjournment
21
22 A motion was made by Commissioner Price, seconded by Commissioner Bedford to
23 adjourn the meeting at 8:16 p.m.
24
25 VOTE: UNANIMOUS
26
27 Penny Rich, Chair
28
29
30 Donna S. Baker
31 Clerk to the Board