HomeMy WebLinkAboutAgenda - 04-21-20; 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 21, 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.
April 7, 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 MINUTES
4 BOARD OF COMMISSIONERS
5 VIRTUAL BUSINESS MEETING
6 April 7, 2020
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday,
10 April, 7 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 a Virtual
23 Business meeting on April 7, 2020 utilizing Zoom. Members of the Board of Commissioners
24 participated in the meeting remotely. As in prior meetings, members of the public were able to
25 view and listen to the meeting via live streaming video at orangecountync.gov/967/Meeting-
26 Videos and on Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable).
27
28 In this new virtual process, there were two methods for public comment.
29 • Written submittals by email
30 • Speaking during the virtual meeting
31
32 Detailed public comment instructions for each method are provided at the bottom of this
33 agenda. (Pre-registration is required.)
34
35
36 1. Additions or Changes to the Agenda
37
38 Chair Rich said it is recommended by the Board's financial advisors, that the Board
39 remove Item 8-h: Adoption of the Final Financing Resolution Authorizing the Issuance of
40 Approximately $40,000,000 in Installment Purchase Financing for Various Capital Investment
41 Plan Projects and that the bank placement will offer the same or lower interest rate and
42 eliminate the risk of a public sale in an unstable bond market.
43
44 A motion was made by Commissioner McKee, seconded by Commissioner Price to
45 remove Item 8-h from the agenda.
46
47 VOTE: UNANIMOUS
48
49 PUBLIC CHARGE
50 The Chair acknowledged the public charge
51
2
1 Arts Moment
2 No Arts Moment will be available for this meeting.
3
4 2. Public Comments
5
6 a. Matters not on the Printed Agenda
7
8 b. Matters on the Printed Agenda
9 (These matters will be considered when the Board addresses that item on the agenda
10 below.)
11
12 3. Announcements, Petitions and Comments by Board Members
13 Commissioner McKee had no comments.
14 Commissioner Bedford said it would be wise to prepare the Vice Chair, as part of the
15 process on COVID-19, in case the Chair should fall ill.
16 Chair Rich said that would be a petition.
17 Commissioner Greene said she is glad the Board can meet this way. She attended the
18 Chamber of Commerce's zoom discussion, where there was a lot of interest in the small
19 business loans. She said she was impressed the way Aaron and his staff understood the
20 application process.
21 Commissioner Marcoplos said he attended a climate change webinar today, with
22 people from all over the country. He said it was interesting to hear all the ways this problem is
23 being tackled, and there was a lot of interest in the County's climate council and climate tax.
24 Commissioner Price piggybacked on Commissioner Greene's comments about the
25 SBA grants and loans, and she has been on some town hall meetings about this as well. She
26 said she has asked if the Chambers and Economic Development staff can help spread the
27 word, and they can, but people will have to go directly to the lender.
28 Commissioner Price said she attended another local meeting about evictions, and
29 wanted to know what was happening in Orange County in this regard.
30 Commissioner Dorosin said it would be helpful to get a periodic update on the
31 emergency loan program, and how the County is getting the message out.
32 Commissioner Dorosin said he has three specific petitions, with the first two being time
33 sensitive:
34
35 He said he had previously mentioned that the ABC board is considering whether to
36 adjust its pay scale to meet the new living wage threshold, and he fears it is leaning
37 against because of costs in adjusting the entire scale to avoid compression. He said the
38 Board should strongly encourage (by resolution/letter) that the ABC board to adopt the
39 new living wage scale, even if it means a potential reduction in total funds returned to the
40 general fund (he said he does not know that it will, since sales continue to rise). And
41 they will need to discuss this soon as the ABC board will also be preparing their budget
42 soon.
43 He said that the recent election has highlighted important electoral issues with
44 continuing to have a multi-seat election. He said there were significant numbers of
45 undervotes in the district 1 race, and it is also inconsistent that in non-presidential years
46 it is a single seat race (thereby changing the nature of the election depending which year
47 one runs). He said the Board has talked several times about revisiting the method of
48 election, but have failed to take any votes. He said he believes the County needs to
49 change its electoral process to eliminate the multi-district seat. He said there are various
50 ways to do that, which have already been researched. He said since Commissioner
51 Marcoplos already has a voting petition on the action item list, this could easily be added
3
1 to that. He said if the Board agrees to make a change, it would need to decide by end of
2 this fiscal year, so that it could be put on the ballot in November and be in place for the
3 2022 election.
4 Not time sensitive: Commissioner Dorosin said he would like to have a report
5 and discussion of (and potentially consider changing) the policy of housing federal
6 inmates in the Orange County jail.
7
8 John Roberts agreed and said the vote would have to be conducted at an election
9 where all precincts are open, i.e.: a general election.
10 Commissioner Dorosin said he wants to get rid of the multi-seat elections.
11 Commissioner Dorosin referred to the climate change item, and petitioned the Board to
12 look at a policy to incentivize private developers and private property owners to install charging
13 stations.
14 Chair Rich said it would be helpful to talk with the towns as well.
15 Commissioner Greene said when Chapel Hill has a rezoning, it negotiates with
16 developers to put in charging stations.
17 Chair Rich said she would like a report from Board of Elections to understand if they
18 are capable of handling a large amount of mail in voting ballots or absentee ballots. She said
19 this may be needed in upcoming elections.
20 Chair Rich said the Mayors/Managers/Chairs (MMC) meeting was postponed by
21 Chapel Hill. She said this meeting is about the Greene tract, and the MMC has gone through
22 one reiteration of the memorandum of understanding and attorneys were working on this, but
23 the health crisis occurred.
24 Bonnie Hammersley said she has not heard yet about the next meeting.
25 Chair Rich said she has been sending a lot of emails to the Board to keep all
26 Commissioners in the loop. She said for the Board to please contact her if it has any additional
27 questions.
28 Commissioner Greene thanked the Chair for sending the most recent local EOC notes
29 to the Board, and said they were so informative. She asked if these notes are available to the
30 public.
31 Chair Rich said, as of now, these notes are only going to the internal staff and elected
32 boards.
33 Bonnie Hammersley said staff will work with Todd McGee, Community Relations
34 Director, on this request.
35 Commissioner Marcoplos asked if the Greene Tract meetings going to continue through
36 the summer.
37 Chair Rich said she does not know at this point. She said she and Bonnie Hammersley
38 can check with the group at large, and report back to the Board.
39
40 4. Proclamations/ Resolutions/ Special Presentations
41 NONE
42
43 5. Public Hearings
44 NONE
45
46 6. Regular Agenda
47
48 a. Climate Action Tax Recommendations for FY 2019-20 —School Solar Update
49 The Board received additional information on the Solar for Schools Grant program that
50 could be funded through the FY 2019-20 Orange County Climate Action Tax in response to
51 Board members' questions at the February 4, 2020 Board Business Meeting; and consider
4
1 voting to approve funding for the recommended Solar for Schools Grant program for FY 2019-
2 20 as outlined in the attached report.
3
4 Travis Myren presented this item.
5
6 BACKGROUND: As part of the FY 2019-20 budget, the Board of Commissioners authorized an
7 additional '/4 cent property tax to provide an estimated $469,272 dedicated to accelerating
8 climate change mitigation through the new Climate Change Mitigation Project in the Capital
9 Investment Plan.
10
11 When the tax was authorized, the BOCC stated that it would decide the final prioritization of
12 projects to be funded, and the Board requested that the Commission for the Environment (CFE)
13 provide feedback on prospective projects in advance of BOCC review.
14 The CFE completed its initial scoring, and the BOCC reviewed a report that outlined the
15 recommended projects at its Business meeting on February 4th. At that meeting the Board
16 approved funding for two of the four recommended projects, and at the request of school
17 leadership, temporarily deferred taking any action on the two projects which make up the
18 proposed Solar for Schools grant program. Attachment 1 is a copy of this report revised in
19 accordance with the comments received from the BOCC.
20
21 During the discussion of the Solar for Schools grant program, Board members asked several
22 questions in preparation for additional discussion in the future. In response, staff has revised the
23 report and has had discussions with staff in both school districts.
24 Attachment 2 is a list of the Board members' questions and follow-up responses on the
25 recommended Solar for Schools Grant Program.
26
27 FINANCIAL IMPACT: The Climate Action Tax is projected to generate $469,272 in funds in FY
28 2019-20. The top two recommended projects have already been approved to use $169,272 of
29 these funds, and the remaining $300,000 is recommended to fund two Solar for Schools grants
30 for$150,000 each.
31
32 Chair Rich said the recommendation that was in the published agenda abstract is not
33 what is happening now. She said the schools contacted the County Manager and declined to
34 participate in the solar arrays project. She said the current recommendation is to send this
35 process back to the CFE to come up with additional suggestions for the climate mitigation tax.
36 Travis Myren said it would not be useful to go forward with the recommendation for the
37 schools.
38 Commissioner Price asked if there is a reason preventing further discussions with the
39 schools about other climate mitigation projects.
40 Chair Rich said the original process included scoring, and the schools have not added
41 any additional projects yet. She said if the schools did have additional projects, they could
42 submit them to the CFE to be scored.
43 Chair Rich said it is important to utilize the process set up for the CFE to review and
44 score potential projects, as the process focuses on social justice and racial equality.
45 Chair Rich said it is a climate mitigation fund and the Orange County Board of
46 Commissioners decides what to do with the funds, based on recommendations from the CFE.
47 Commissioner Price asked if the Board of County Commissioners (BOCC) is going to
48 send a letter to the Boards of Education inviting them to submitting potential projects to be
49 scored.
50 Chair Rich said she and Bonnie Hammersley have already spoken with the two schools
51 Boards, and both are aware of the open invitation to submit projects for consideration.
5
1 Commissioner Price asked if the BOCC can send a letter asking the school boards to
2 submit ideas.
3 Chair Rich said if the Board chooses to vote that way, it would be fine. She said there
4 were other projects that the CFE considered, which may move to the top of the list.
5 Commissioner Marcoplos said due to the scheduling issue that has arisen due to health
6 crisis, he proposed to allow a brief time to re-visit the solar arrays on the schools
7
8 PUBLIC COMMENT:
9 Bill Ward, CFE, joined the meeting via Zoom, and said it is a disappointment that the
10 schools declined the funds to do the solar arrays. He said the CFE would welcome further
11 interchange with the schools about how the schools may be able to mitigate climate change in
12 other ways. He gave statistics on the carbon emissions in Orange County, and said the County
13 needs to curtail emissions by three ways: decarbonization of electricity, improved efficiency,
14 and beneficial electrification. He said this is true throughout the country, and there are many
15 ideas that could be reviewed and replicated in the County. He said the CFE is open to all
16 submissions, and would like to get the best bang for the buck. He said he hoped to have a
17 forum where the CFE could have some give and take with the BOCC in order to understand in
18 greater detail the CFE's thinking and prioritization process.
19 Commissioner Marcoplos said he was trying to figure out why this went off the rails, and
20 it seems CHCCS wanted to decide on its own how to spend these funds. He said the OCS, and
21 Sarah Pitts point person on this project, had been scheduled to meet with Orange County staff
22 on this issue and OCS was open to the idea. He said the current health crisis has led to
23 confusion.
24 Commissioner Marcoplos proposed allowing two weeks to answer any question that
25 OCS may have about the solar arrays. He said the process has come this far, and it would be a
26 waste to throw it away, as it is crucial to reduce the carbon footprint and greenhouse emissions.
27 He said it is a unique opportunity.
28 Commissioner Price talked to members on both school boards, and all agreed that solar
29 arrays are good, but there were other issues that they were looking at for their buildings. She
30 said both districts had not been brought up to speed on these projects, and the COVID-19 crisis
31 has only caused greater interruption. She said there is no guarantee that the Board would vote
32 in favor of the solar arrays, and she feels it is important to consider the best use of funds at this
33 time and the greatest priorities.
34 Chair Rich said this was voted in as a climate tax and needs to be used for climate
35 mitigation. She said the Board must not go outside the parameters of the uses.
36 John Roberts said it was a tax increase that was part of the Board's general taxing
37 power, and this exact amount was directed to this climate purpose. He said a deviation from
38 this purpose should not happen outside a vote of the full Board.
39 Commissioner McKee said he is going to speak to the question as to whether the Board
40 can move the money. He said it is his understanding that only through County referendum can
41 tax funds be dedicated for a specific use. He said this was not decided through a referendum,
42 thus a BOCC vote is sufficient to change the use of this money. He said this board cannot bind
43 future boards, and they are not legally bound to spend the money on climate change.
44 John Roberts said the Board is not restricted with this tax more than any other tax
45 revenue. He said it is called a climate tax, but it is no different than the standard taxation that
46 exists. He said the only difference is that the BOCC pledged by a vote to spend the funds on
47 environmental purposes, and a Board vote would be appropriate to change that pledge. He
48 said this Board is not bound by the prior vote.
49 Commissioner McKee said if the Board were to spend this money for weatherization,
50 LED, etc. in schools that provided reductions in greenhouse emissions, the Board would still be
51 spending money on those items it pledged to spend it on.
6
1 Commissioner Dorosin said he reviewed the process the Board had done last spring.
2 He said maybe one or both schools do not want to go forward with the proposed projects. He
3 said if the project is not done, then the monies go back into the pot to be considered for new
4 projects. He said the $150,000 was based on this solar array project. He said if the schools
5 have other projects that they want to fund, these projects can be submitted and go through the
6 same process. He suggested the $150,000 for CHCCS should be returned to the pot, and
7 CHCCS invited to submit new projects. He said if OCS wants to additional weeks to decide,
8 that is fine, and then can move ahead or not. He said there was one project that the Board did
9 not fund (the small hydropower feasibility study), which can now be moved up on the list if the
10 schools do not want the funding for solar arrays. He said, instead of starting all over from
11 scratch, the Board should move ahead with the project it has.
12 Commissioner Marcoplos said he agreed with moving up the hydropower feasibility
13 study. He said in his discussion with Will Atherton, OCS Chair, it was clear to him that OCS
14 would take the two weeks to firmly decide whether or not to use the monies.
15 Commissioner Price said when she mentioned COVID-19 she was just making a
16 statement that other considerations should be taken into effect, not that monies should be
17 shifted. She said this money was pledged to climate change mitigation, and it should be used
18 as such.
19 Commissioner Price said to Commissioner Marcoplos that OCS may well make a
20 decision within two weeks, but it may not be in favor of solar arrays.
21 Commissioner Price said she would be in favor of a RFP for school projects, and she
22 would like to look at all the existing projects again. She said she did not mean to imply moving
23 these funds away from climate change mitigation.
24 Commissioner Greene said she agreed with Commissioner Dorosin. She asked if he
25 intends for the BOCC to move ahead with the hydropower project, or give it back to the CFE.
26 She said either way it makes sense to her. She said it is clear that CHCCS is not ready to
27 accept the recommendation of the CFE for the solar arrays, and there should be a reopening of
28 process for what money is left.
29 Commissioner Bedford said it is her understanding that neither of the school boards had
30 any proposals given to them, and CHCCS did not submit any projects, so she is not sure how
31 this process worked. She said she liked the CFE matrix, and concurred approval of the
32 hydropower project. She said the Board needs to do some more work on this process, since it
33 is already April. She said she needs to know how this all works and it is not too late to start
34 developing projects for next year. She said she agreed with Commissioner Marcoplos about
35 giving OCS their two weeks, and also the same for CHCCS, for solar arrays project only. She
36 said she would not substitute any new projects this round, but rather start over in the next
37 budget year.
38 Chair Rich agreed with offering to both school districts the two weeks to consider the
39 solar array projects only.
40 Commissioner McKee said he is concerned that the Board may be off track, because it
41 received an email from CHCCS that it no longer supports solar projects.
42 Chair Rich said Patrick Abele, acting CHCCS Superintendent, said CHCCS has not
43 declined, but in the original conversations had them not partaking at this point.
44 Commissioner McKee asked if the Board received something specific
45 Chair Rich said yes, today from Acting Superintendent Patrick Abele.
46 Commissioner McKee read the bottom 1/3 of an email from Patrick Abele, CHCCS
47 Acting Superintendent to Bonnie Hammersley this afternoon:
48
49 "We are hearing that there is discussion in the public today that we have turned down the solar
50 funds from the BOCC. To clarify, we have never turned down a solar project. We asked the
51 last time this came up on the agenda that the BOCC allow the Board of Education an
7
1 opportunity to review and to provide feedback on this type of project. We do not currently have
2 a solar project identified.
3
4 A better format would be to provide the funding for sustainability projects (not just solar) which is
5 in line with the district capital initiatives already presented in our Capital Investment Plan. You
6 also mentioned having a grant process where funds are reserved and the schools could apply
7 for the funds when projects are identified. Either of these options would be more suitable to
8 establishing sustainable outcomes.
9
10 1 appreciate you allowing me to clarify our current knowledge of the item being placed on the
11 BOCC agenda this evening. "
12
13 Sincerely,
14 Patrick Abele
15 Acting Superintendent
16 Cc: CHCCS Board of Education (BOE)
17
18 Commissioner McKee said the email does not say anything about declining the solar
19 arrays project. He said Board wants to give a two weeks deadline, but the process may take
20 longer than two weeks. He said he will not give their partners an ultimatum, and would rather let
21 the superintendents, Manager and staffs have discussions on this. He said he will not vote for
22 this.
23 Commissioner Marcoplos said there was not an ultimatum for OCS, and they were open
24 to deal with this at their April 20th BOE meeting. He said in CHCCS there was confusion and the
25 staff was open to it before, but the BOE wanted the funds for other projects, and thus they are
26 trying to follow the bouncing ball. He said it has been a clunky process, and there have been
27 several bumps along the way.
28 Commissioner Marcoplos said it is fair to give two weeks for both school districts.
29 Commissioner Marcoplos said he would be in favor of adding more projects, but the
30 Board needs to make sure this gets out to all segments of the community (UNC, OWASA, etc.)
31 and not just the schools.
32 Commissioner Dorosin said he was suggesting that the Board vote on the hydropower
33 project tonight. He referred to the school projects, and said if the projects are not going forward,
34 this money will go back into the pot. He said the Board never suggested that it would give
35 monies to the schools to do whatever they wanted to do with the $150,000. He said the
36 schools may not want to do solar arrays, but they do not get to take the money and do as they
37 please, but rather can come back with other suggestions for the funds.
38 Commissioner Dorosin asked if the Board approves the hydropower project, is it the goal
39 to distribute the entire $450,000 this year or to carry over some monies till next year. He said
40 the desire was to get the monies out quickly and he asked if this should be the goal, and that
41 anyone can propose a project to get the monies moving as soon as possible. He summarized
42 with the following:
43 • does the Board want to vote on $30,000 on hydropower project
44 . to give the schools 2 weeks to decide. If schools choose to proceed with solar, go
45 ahead; if not, open the project process again expeditiously
46 • maybe not give out all of the funds this year
47 He said he would be in favor of the first two points.
48 Bonnie Hammersley said when this was passed for the 19-20 budget, staff knew it would
49 take time to put a process in place in a quickened manner. She said this process will not be the
50 same process going forward. She said the County needs to spend the monies in the year they
8
1 collect it. She said in 2020-21 the process will be a grant process, and the CFE will rank them
2 for the Orange County Board of Commissioners.
3 Commissioner Greene said she heartily supports Commissioner Dorosin's timeline and
4 getting the monies out this year.
5 Commissioner Greene said she was thankful for the Manager's clarification of the
6 process, because she thought the process was open to all, and wondered where the idea for
7 solar arrays came from in the first place.
8 Commissioner Greene said she hoped the process for the next fiscal year will be more
9 timely.
10 Commissioner McKee said he was in agreement with Commissioner Dorosin about the
11 schools not being able to use the monies how they pleased.
12 Commissioner McKee said he has no issue with putting it out for open call, but there is
13 no other component in the County that has the backlog of CIP projects like the schools. He said
14 he would be supportive of giving priority focus to the schools because it would allow the funds to
15 be used for climate mitigation, but would also take off some percentage of the schools' backlog
16 of capital projects. He said he hydropower project would be a good pilot project. He said he
17 would not vote for giving the schools a two-week ultimatum.
18 Commissioner Marcoplos said the schools have an advantage in the scoring process,
19 and are not being shortchanged. He said the Board cannot vote to accept the hydropower
20 disbursement until it is clear what the schools are going to do, and that is why he wanted a two-
21 week window. He said OCS was supportive of this timeline.
22 Commissioner Price said the BOCC has a meeting in early May, and that should give
23 the schools ample time to review the solar array projects. She said if the schools decide this is
24 not a priority, then the Board can look at the hydropower project in May.
25 Commissioner McKee clarified that if the Board proceeds with the hydropower project, it
26 would just reduce the amounts available to the schools from $150,000 to $135,000.
27 Commissioner Dorosin said there seems to be a Board majority that wants to give the
28 money out this year, so the schools need to say one way or the other as soon as possible and
29 there is no shame if the schools cannot proceed this year. He said the Board needs to have the
30 CFE to look at past-proposed projects, or consider new ones. He asked the Manager if there
31 were any other County projects in the queue. He said he will not vote to save the funds for next
32 year.
33 Bonnie Hammersley said the only project that did not get approval was the hydropower
34 project.
35 Chair Rich said she contacted both Board of Education chairs today, and asking them to
36 have a decision in two weeks does not show a lack of partnership, nor is it disrespectful. She
37 said there has been plenty of time for the schools to decide, and if it does not work then the
38 County needs to move forward.
39 Commissioner Price said she was not trying to push the decision out too far, but rather
40 did not know when the two school boards were holding meetings.
41 Commissioner Marcoplos said the Board's motion should say that it will give OCS two
42 weeks, given the OCS meeting on April 201h, and around two for CHCCS, based on its meeting
43 schedule. He said the County can start publicizing that it is looking for projects for next year.
44 Commissioner Dorosin asked if the Board wants to vote on the hydropower project.
45 Chair Rich asked if the next BOCC meetings could be identified.
46 Donna Baker said April 21 st, May 5th, or May 191h
47 Commissioner Greene said she now understands that CHCCS did not say a flat no, and
48 supports giving both districts two weeks, or close to it, and she supports leaving out the $30,000
49 and keeping it in the queue, but to spend all the monies this year.
50 Commissioner McKee asked if the $30,000 would fund the hydro project.
9
1 Chair Rich said if the Board funds both the school projects, there is not enough money
2 for the hydro project for this year, but it can move to next year's projects.
3 Commissioner McKee asked if the cost of the hydropower project could be identified.
4 Commissioner Dorosin said $30,000 is for the hydropower feasibility study.
5
6 A motion was made by Commissioner Dorosin, seconded by Commissioner Marcoplos
7 for the Manager to reach back out to the Boards of Education (BOEs) to inquire with some
8 finality their interest in pursuing the solar array projects, and to ask them to get back to the
9 county within a two week timeframe, or a date sufficient, for the County Commissioners to make
10 a vote at their April 21s' Business meeting; and if either of the school board chooses not to move
11 forward on the solar array projects, then the Board will vote on the hydro power feasibility study
12 project.
13
14 Commissioner Price said in the event that the schools need more time, would this
15 motion allow the boards to respond a bit later and for the Commissioners to vote on this at their
16 May 5t" meeting.
17 Commissioner Dorosin said the Board needs some indication, as soon as possible, and
18 if the schools need more time, then so be it. He suggested for the Manager to make it clear to
19 the schools that the Orange County Board of Commissioners wants to expend those funds this
20 fiscal year.
21 Commissioner Marcoplos cautioned the Board to try and not make the school districts do
22 something outside of their due process. He said the schools should be able to have a school
23 board meeting.
24
25 VOTE: Ayes, 6; Nays, 1 (Commissioner McKee)
26
27 b. Postponement of Unified Development Ordinance (UDO) Text Amendments —
28 Clarification of Setbacks from the West Fork on the Eno Reservoir
29 The Board considered voting to defer action on a proposed UDO Text Amendment to the
30 September 1, 2020 Board Business meeting.
31 Travis Myren presented the item below:
32
33 BACKGROUND: The Board of Commissioners conducted a public hearing on this item at its
34 March 10, 2020 Business meeting, and the Board voted to close the public hearing and defer
35 action until the April 7, 2020 Business meeting. Due to the COVID-19 social distancing policies,
36 this item is recommended for postponement to the Board's September 1, 2020 Business
37 meeting. Because this is a legislative decision, the BOCC may permit additional public
38 comments at a later date.
39
40 A motion was made by Commissioner Greene, seconded by Commissioner McKee for
41 the Board to defer action on the proposed UDO text amendments to the September 1, 2020
42 Board Business meeting.
43
44 VOTE: UNANIMOUS
45
46 c. Presentation of Manager's Recommended FY 2020-25 Capital Investment Plan
47 (CIP)
48 The Board received the Manager's Recommended FY 2020-25 Capital Investment Plan.
49 Bonnie Hammersley said this budget process started long before this crisis, and she still
50 believes that most items in the CIP respond to the mandatory needs.
51
10
1 BACKGROUND:
2 Each year, the County produces a Capital Investment Plan (CIP) that establishes a budget
3 planning guide related to capital needs for the County as well as Schools. The current CIP
4 consists of a 5-year plan that is evaluated annually to include year-to-year changes in priorities,
5 needs, and available resources. Approval of the CIP commits the County to the first year
6 funding only of the capital projects; all other years are used as a planning tool and serves as a
7 financial plan.
8
9 Capital Investment Plan — Overview
10 The FY 2020-25 CIP includes County Projects, School Projects, and Proprietary Projects. The
11 School Projects include Chapel Hill-Carrboro City Schools, Orange County Schools, and
12 Durham Technical Community College — Orange County Campus projects. The Proprietary
13 Projects include Water and Sewer, Solid Waste Enterprise Fund, and Sportsplex projects 1 The
14 CIP has been prepared anticipating moderate economic growth of approximately 2% in property
15 tax growth over the next five years, and 4% sales tax growth in Years 2-5. Sales Tax proceeds
16 for Year 1 (FY 2020-21) are estimated to decline by 4.5% due to the current coronavirus
17 pandemic. Many of the projects in the CIP will rely on debt financing to fund the projects.
18
19 The Board received the presentation of the Manager's Recommended FY 2020-25 Capital
20 Investment Plan and provided direction to staff in preparation for discussion at the April 14,
21 2020 Budget work session.
22
23 Travis Myren made the following PowerPoint presentation:
24
25 INTRODUCTION OF THE CAPITAL INVESTMENT PLAN
26 FY2020-25
27 Board of Oran_pe County Commissioners
28 April 7, 2020
29
30 FY2020-25 Investment Themes
31 School Supplemental Deferred Maintenance Program
32 o $30 million over three (3) years
33 o Apply to Deferred Maintenance and Life & Safety Improvements
34 o Allocated by Average Daily Membership
35 ■ CHCCS 60.14%
36 ■ OCS 39.86%
37 o In addition to $11.4 million in Facility Repair and $3 million Allocated for
38 Deferred Maintenance from Bond Premium
39
40 Commissioner Dorosin said what kind of oversight would this funding require.
41 Travis Myren said staff asked for a comprehensive, year-by-year list, which it has from
42 OCS, and is awaiting it from CHCCS.
43 Commissioner Dorosin said he would like to see what has been crossed off of the first
44 year list, so he can inform residents and demonstrate accountability.
45 Bonnie Hammersley said the districts prioritize the lists, and if the districts want to
46 change the list, they have to bring it back for Orange County Board of Commissioners approval.
47
48 FY2020-25 Investment Themes
49 Public Health and Safety
50 o EMS Substation Construction — Efland - $3,500,000
51 o Portable Radio Replacements - $150,000
11
1 o Environmental Health and Public Safety Vehicle Replacements -
2 $1,280,961
3 • Economic Development
4 o Piedmont Food Processing Facility- $115,000
5 o Buckhorn EDD Sewer Engineering - $130,000
6 • Caution
7 o Direct Financial Impacts to the County will Lag
8 o Most Acute Impact Expected on Sales Tax
9 o Potential Lingering Impact on the Real Estate Market
10 o Continuous Monitoring and Adiustments to Anticipated Fiscal Reality
11
12 Capital Investment Plan by the Numbers
13 • Total Recommended Capital Expenditures - $36.5 million
14 o County Capital - $13.1 million
15 o Proprietary Funds - $3 million
16 o School Capital - $20.4 million
17 • Decrease from FY2019-20 - $12.5 million
18 o FY19-20 Included $20 million Bond Proceeds for Orange County Schools
19 o Last School Bond Draw Programmed in FY21-22
20 ■ CHCCS - $1.9 million
21 ■ OCS - $11.3 million
22 Debt Service Increase - $3,163,144
23
24 FY 2019-20 CIP Expenditures- $49.0 Million / FY 20-21 CIP Expenditures - $36.5 million-
25 Graph
26 FY 2020-25 Recommended CIP Expenditures- graph
27 FY 2020-25 Recommended Financing Sources-graph
28 Debt Service Scheduled Based on FY 2020-25 Recommended CIP- graph
29 Proportion of County and School Debt Service-graph
30 Debt Service to General Fund Revenue Projection-graph
31
32 Schedule for Consideration
33 • Introduction of the Capital Investment Plan —April 7
34 • Work Session on Capital Investment Plan —April 14
35 • Further Consideration through Budget Work Sessions
36 • Approval of the Operating and Capital Budget— June 16
37
38 Commissioner Dorosin said, based on existing bonds pending, the Board voted last year
39 to implement a tax increase incrementally, in anticipating of paying off those bonds.
40 Travis Myren said yes, but staff wants to manage the operations budget now to minimize
41 a tax increase.
42 Commissioner Dorosin said that is what he was going to ask. He asked if there is going
43 to be any potential legislation coming down the pike to leverage some negotiations.
44 Travis Myren said the $3 million is for the borrowing the County has already done. He
45 said he is not aware of any federal initiative and the general rule is you pay debt service first.
46 d. Approval of Budget Amendment#7-A for the Transfer of Funds from the Orange
47 County Local Rent Supplement Program to the Risk Mitigation and Housing
48 Displacement Fund
49 The Board considered voting to approve Budget Amendment#7-A for the transfer of
50 funds from the Orange County Local Rent Supplement Program (Local Vouchers) to the Risk
12
1 Mitigation and Housing Displacement Fund to provide flexible, much-needed financial
2 assistance to low-income renters experiencing housing instability and also provide additional
3 resources for Orange County's emergency response to the COVID-19 pandemic.
4
5 Travis Myren presented the following item:
6
7 BACKGROUND:
8 In June 2018, the Board of Commissioners approved an initial appropriation for a new local
9 voucher program —the Orange County Local Rent Supplement Program (OCLRSP).
10 Guidelines for this program were presented to the Board in November 2018 (Attachment 1) and
11 approved in December 2018.
12
13 Although the OC-LRSP was envisioned as a flexible program to help provide financial
14 assistance to low-income renters in need of stable housing, the guidelines as initially proposed
15 mirror the federal Housing Choice Voucher (HCV) program, and as such, do not have the
16 necessary flexibility to meet the needs of renters unable to be served by the HCV program.
17
18 Furthermore, the OC-LRSP was proposed to have ongoing funding from federal HOME funds,
19 but the federal restrictions on these funds make them incompatible with the program and were
20 not able to be leveraged. Of the 15 people anticipated to be served by the 2018 appropriation,
21 only one person has actually been issued a voucher. This person is currently homeless
22 (sheltered), as the individual has not been able to find a unit.
23
24 Furthermore, Orange County is now seeing an increase in the number of residents experiencing
25 housing instability due to the COVID-19 pandemic, and there is a need for increased funding for
26 housing assistance as part of the emergency response.
27
28 As such, Orange County Housing and Community Development (OCHCD) proposes to
29 effectively dissolve the OC-LRSP and transfer the balance of funds in that program to the Risk
30 Mitigation and Housing Displacement Fund (Attachment 2). This will provide the flexibility
31 needed to meet the housing needs of low-income renters, as the Risk Mitigation and Housing
32 Displacement Fund can provide various types of assistance including security deposits, utility
33 connections, first month's rent, and emergency housing costs.
34
35 FINANCIAL IMPACT: There will be no financial impact to the County if the BOCC approves the
36 amendment. These funds have already been appropriated, and this budget amendment
37 provides for the transfer of$100,000 from the Local Voucher Program, currently budgeted in the
38 General Fund, to the Risk Mitigation and Housing Displacement Program within the Housing
39 and Community Development Fund to allow these funds to be disbursed to help low-income
40 households in need.
41
42 Travis Myren made the following PowerPoint presentation:
43
44 Transfer of Funds from Local Rent Supplement to Housing Stabilization Program
45 Board of Orange County Commissioners
46 April 7, 2020
47
48 Housing Stabilization Transfer
49 Local Rent Supplement/Local Voucher Program
50 o Originally Approved in 2018
51 o Annual Funding of$100,000
13
1 o Intended to Serve as a More Flexible Alternative to Federal Housing Choice
2 Voucher
3 o However; Initial Program Rules Rules Still Limited Accessibility of Funds
4 o Barriers are the Same in Unit Availability and Suitability for the Voucher Holder
5 o Originally Intended to Serve 15 Families
6 o One Individual Served to Date and Can be Moved to the Traditional HCV
7 Program
8 o Demand Increasing for Displacement Mitigation and Housing Stabilization due to
9 COVID-19 Job Losses
10
11 Housing Stabilization Program
12 • Overall Strategy
13 o Maintain Current Housing as a Bridge to Other Benefits (Unemployment or HCV)
14 or Other Alternatives
15 • Eligible Residents
16 o Residents Earning up to 80% Area Median Income
17 ■ For a Family of Four = Up to $67,850 Annually
18 o Priority Given to Residents Earning Below 60% Area Median Income
19 ■ For a Family of Four = $50,880
20 • Eligible Uses
21 o Rent Assistance
22 o Temporary Hotel Stays
23 o Security Deposits
24 o 1st month's Rent
25 o Moving Expenses
26
27 Housing Stabilization Program
28 • Limitations
29 o Maximum Assistance of$2,000 per Occurrence
30 o Intended for One Time Use
31 o Subsequent Requests Receive Additional Case Work to Determine and Address
32 Systemic Challenges
33 • Housing Helpline (Coordinated Entry)
34 o Applications Screened by Coordinated Entry Staff Person
35 o Recommend Assistance that Best Meets Needs
36 • Housing Authority Approved Transfer from the Local Rent Supplement Program to the
37 Displacement Mitigation Fund
38
39 Travis Myren said a question was raised about an "asset test", where staff would ask
40 about one's assets other than cash. He said that is not a bad idea for this type of program, and
41 staff will figure out from its partners what that would look like.
42
43 Housing Stabilization Program
44 Manager's Recommendation
45 o Approve Budget Amendment#7-A for the Transfer of$100,000 from the Orange
46 County Rent Supplement Program (Local Voucher Program) to the Housing
47 Stabilization and Displacement Mitigation Program
48
49 Commissioner Bedford asked if there is a process by which one can apply for these
50 funds, and if there is a contact number.
14
1 Travis Myren said there has been a combination of taking referrals as well as a direct
2 hotline, and staff envisions this working the same.
3 Commissioner Price asked if the local rent supplement program will continue, and if
4 enough effort was put into it.
5 Travis Myren said the program is in next year's base budget, and Housing staff is
6 revising those guidelines to make it work better. He said in the midst of doing that, Housing
7 staff started seeing a high demand for these emergency funds, and the transfer would only
8 apply for this fiscal year.
9 Commissioner Dorosin said, as he recalled, this rent supplement program was created
10 to add flexibility to the federal guidelines; to help certain target populations; and to reach those
11 who would not be eligible for federal funds. He said as staff looks at this program they need to
12 look back at the goals, and see if they need to tweak the program to work toward those goals.
13 He said there is some low hanging fruit within the homeless population, and the Board may
14 want to divert some funds there. He said the County wants to prioritize those even lower than
15 80%.
16
17 A motion was made by Commissioner Price, seconded by Commissioner Bedford for the
18 Board to approve Budget Amendment#7-A for the transfer of funds from the Orange County
19 Local Rent Supplement Program (Local Vouchers) to the Risk Mitigation and Housing
20 Displacement Fund as proposed.
21
22 Commissioner Greene said she appreciated Commissioner Dorosin's comments, and
23 congratulated staff on filling the coordinated entry position, and for responding to these needs.
24 Chair Rich thanked all staff as well.
25
26 VOTE: UNANIMOUS
27
28 7. Reports
29 NONE
30
31 8. Consent Agenda
32
33 • Removal of Any Items from Consent Agenda
34 - Item h already removed above
35
36 • Approval of Remaining Consent Agenda
37
38 A motion was made by Commissioner Price, seconded by Commissioner McKee to
39 approve the Consent Agenda.
40
41 VOTE: UNANIMOUS
42
43 Discussion and Approval of the Items Removed from the Consent Agenda
44
45 a. Minutes
46 The Board approved the draft minutes from March 10 and 24, 2020 as submitted by the Clerk to
47 the Board.
48 b. Motor Vehicle Property Tax Releases/Refunds
49 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
50 property tax values for eleven taxpayers with a total of twelve bills that will result in a reduction
51 of revenue in accordance with NCGS.
15
1 c. Property Tax Releases/Refunds
2 The Board adopted a resolution, which is incorporated by reference, to release property tax
3 values for six taxpayers with a total of fourteen bills that will result in a reduction of revenue in
4 accordance with North Carolina General Statute 105-381.
5 d. Resolution of Approval —Trail Easement
6 The Board approved a resolution, which is incorporated by reference, to approve the
7 acceptance by Orange County of a trail easement granted by Christina Deprez for the purpose
8 of connecting the Mountains to Sea Trail to NC 54 / Mebane-Oaks Road and authorize the
9 Chair to sign.
10 e. Resolution Regarding Orange County Becoming a Socially Conscious Animal
11 Community
12 The Board approved a resolution, which is incorporated by reference, regarding Orange County
13 becoming a socially conscious animal community and authorized the Chair to sign.
14 f. Change in BOCC Meeting Schedule for 2020
15 The Board approved changes in the Board of Commissioners' meeting calendar for 2020.
16 g. General Obligation Bond Sale of$20,060,000 for Cedar Ridge High School Wing and
17 Various Other Orange County School Improvements
18 The Board adopted the attached General Obligation (GO) bond resolution for the following
19 purposes:
20 1) Formally authorize the sale of$20,060,000 in school bonds;
21 2) Formally pledge the County's taxing power to provide for payment on the bonds;
22 3) Approve the proposed form of the bonds;
23 4) Approve the form of the draft official statement for use in offering bonds to investors;
24 5) State the County's agreement to comply with the relevant provisions of federal tax law
25 and the federal rules for continuing disclosure to the securities markets; and
26 6) Authorize County staff to complete the process of issuing the bonds and authorizing the
27 final principal payment schedule.
28 h. Adoption of the Final Financing Resolution Authorizing the Issuance of
29 Approximately$40,000,000 in Installment Purchase Financing for Various Capital
30 Investment Plan Projects
31 The Board considered voting to adopt the final financing resolution authorizing the issuance of
32 approximately $40,000,000 in installment financing to finance capital investment projects and
33 equipment for the fiscal year, including amounts to pay transaction costs.
34 DEFERRED
35
36 9. County Manager's Report
37 Bonnie Hammersley said staff is working hard on an operating budget process for this
38 year, and a budget that maintains mandatory services and keep jobs. She said staff plans to
39 have a proposed budget for the May 5t" meeting. She said there is currently a hiring freeze in
40 place, and staff has reduced spending such as removed travel and monitoring revenues and
41 encumbrances. She said she is meeting with all Department Directors about the budget. She
42 said the entire team creates the budget, and the goal is not to increase the tax rate. She said
43 there will be sacrifices and tough decisions going forward.
44 Chair Rich said the Board is grateful that Bonnie Hammersley will be leading the
45 County through this time.
46
47 10. County Attorney's Report
48 NONE
49
50 Commissioner Dorosin asked if the legislature will be coming into session at the end of
51 the month, as originally scheduled.
16
1 John Roberts said he has not heard anything yet.
2
3 11. *Appointments
4 NONE
5
6 12. Information Items
7
8 • March 24, 2020 BOCC Meeting Follow-up Actions List
9 • Tax Collector's Report— Numerical Analysis
10 • Tax Collector's Report— Measure of Enforced Collections
11 • Tax Assessor's Report— Releases/Refunds under $100
12 • Petition to Amend the Water and Sewer Management, Planning, and Boundary Agreement
13 (WASMPBA)
14
15 Chair Rich asked if Bonnie Hammersley would thank all of the County staff that are still
16 coming in everyday to do their jobs and are not able to stay home.
17
18 13. Closed Session
19 NONE
20
21 14. Adjournment
22
23 A motion was made by Commissioner Price, seconded by Commissioner McKee to
24 adjourn the meeting at 9:19 p.m.
25
26 VOTE: UNANIMOUS
27
28 Penny Rich, Chair
29
30
31 Donna S. Baker
32 Clerk to the Board
33
34
35