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HomeMy WebLinkAboutAgenda - 06-16-20; 8-a - Minutes1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 16, 2020 Action Agenda Item No. 8-a SUBJECT: Minutes DEPARTMENT: Board of County Commissioners ATTACHMENT(S): Draft Minutes (Under Separate Cover) INFORMATION CONTACT: 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. May 19, 2020 BOCC Virtual Business Meeting May 21, 2020 BOCC Budget Work Session 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 ATTACHMENT 1 1 2 DRAFT MINUTES 3 ORANGE COUNTY 4 BOARD OF COMMISSIONERS 5 VIRTUAL BUSINESS MEETING 6 MAY 19, 2020 7 7:00 p.m. 8 9 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, 10 May 19, 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 (BOCC) conducted a 23 Virtual Business meeting on April 21, 2020. 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 are 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 Bonnie Hammersley said Item 6a – Eviction Diversion Program and Approval of 39 Budget Amendment #9-A will be deferred until June 2nd, or earlier, as staff has found out 40 about the Cares Acts Funds, and they anticipate they may be using these funds for 41 departments. 42 43 Public Charge 44 The Chair acknowledged the public charge. 45 46 Arts Moment 47 No Arts Moment will be available for this meeting. 48 49 2. Public Comments 50 2 1 a. Matters not on the Printed Agenda 2 3 Sally Merryman, Chapel Hill-Carrboro Association of Educators, reviewed the following 4 comments: 5 6 May 10, 2020 7 8 Board of County Commissioners 9 300 W. Tryon St. 10 Whitted Bldg. Rm 220 11 Hillsborough, NC 27278 12 13 Dear Members of the Board of County Commissioners: 14 15 As you noted many times throughout last week’s presentations, the people feeding, counseling, 16 and teaching this community in the midst of this crisis -- along with frontline and other equally 17 essential workers -- are its educators. 18 19 The budget the CHCCS Board of Education presented to you is our district’s most pro-public 20 education budget in at least a decade. It is one where resources are rightly focused on all 21 personnel - classified and well as certified -- and doing right by them. It makes no mention 22 of consultants or pilots promoted by anti-educator legislators. 23 24 To be clear, we are supporting a budget that does what is morally right by providing living 25 wages and hiring more educators and TAs to teach our children. It also provides resources to 26 allow educators to remain safe in their homes and get paid when bad weather hits or school 27 closings once again necessitate educators being teachers and parents at the same time. 28 These past two months could not have happened without paid family leave. 29 30 It was disappointing to hear you speak so eloquently about living wages in the abstract during 31 Q&A and then tell our most vulnerable education professionals that the BOCC may not fund 32 what it states its values are. Yes, revenues are uncertain, and resources are tighter than 33 planned, yet what is really missing is courage. 34 35 Last year, while you did increase school funding, the increase didn’t even cover CHCCS's 36 continuation budget ask. And what CHCCS asked for then -- educator benefits -- it continues to 37 request now. Yet somehow you have already found funding to provide your own county 38 employees some of these very same benefits. While we don’t begrudge the county employees 39 these benefits, the employees of the local schools also deserve them too. 40 41 More disconcerting, though, is even after a local election where it was clear the electorate 42 wants commissioners who they believe will fund our schools, some BOCC members appear 43 unwilling to reconsider their own mindsets to find ways to increase that funding and trust that 44 the public will thank and back you for those efforts. Clearly more conversation is needed, and 45 we are looking forward to having it. 46 47 In the coming days and weeks, we will introduce you to educators, parents, students -- many of 48 whom are Orange County taxpayers and voters. They will make it perfectly clear: there is 49 nothing inconsistent with saying we want our schools to be funded even if it means raising 50 3 taxes in difficult times and for those funds to be spent wisely and morally on the people who live 1 and work in this county, this community. 2 3 Our community wants to rally together. Public education is *the* issue to rally around. If we 4 don't, we shouldn’t be surprised when (not if) the tipping point Commissioner Dorosin alluded to 5 occurs. Trust us, we've been watching how the dollars have been spent in Chapel Hill as close 6 as, or even more closely, than you. We as an Association have been and continue to be 7 outspoken regarding these expenditures. The Chapel Hill-Carrboro community has pulled 8 together in recent months to hold our district leaders accountable for reckless spending and 9 devastating cuts to program funding. But if you don't fund our schools because you're worried 10 about how the funds have been (or might be) spent, you’ll be compounding an already long 11 existent problem. Do the right thing. Grant the funding for the benefits CHCCS wants to 12 provide its educators and let the community hold them accountable for making sure it happens. 13 14 We are eager to discuss this further with members of the Board of County Commissioners and 15 will reach out in the coming days. Please feel free, however, to get in touch sooner if you feel 16 moved to do so. W e look forward to speaking with you soon. 17 18 b. Matters on the Printed Agenda 19 (These matters will be considered when the Board addresses that item on the agenda 20 below.) 21 22 3. Announcements, Petitions and Comments by Board Members 23 Commissioner Bedford said she attended a Department of Social Services (DSS) 24 meeting yesterday, and approximately 400,000 meal equivalents have been served since this 25 pandemic started. She said DSS is working hard, and is on track. She said she attended a 26 Burlington Graham Metropolitan Planning Organization (BGMPO) meeting, and she got a 27 motion passed unanimously to get the staff and technical group to work together to bring back 28 options for geographic equity moving forward. 29 Commissioner McKee said at the work session last week, he jokingly asked the Board 30 about joining him at the Whitted building for in person meetings. He petitioned for the BOCC 31 and the public to meet at Whitted for the June 2nd meeting. He said the Board could meet on 32 the floor, in front of the dais, 6 feet apart, with room for staff and public in the surrounding 33 space. He offered this petition as long as it does not conflict with any orders from the 34 Governor, and feels it would be a good way to take a safe step towards normalcy. 35 Commissioner Greene said she sent an email to the Board about the opioid litigation 36 group. She encouraged everyone to wear masks. 37 Commissioner Marcoplos said he sent an email to the Board about the organizations to 38 which the BOCC belongs. He said the annual dues total about $60,000 and he would like to 39 discuss if this is a good use of funds. He said these organizations are: Triangle J, National 40 Association of Counties (NACO), North Carolina Association of County Commissioner 41 (NCACC), and the School of Government. 42 Commissioner Price said attended the Durham-Chapel Hill-Carrboro Metropolitan 43 Planning Organization (DCHC- MPO) meeting, and there was a transit update. She said Travis 44 Myren sent an email out last week about that, and the comment period ends on May 22nd. 45 Commissioner Price said the 55th anniversary of the Voting Act will occur on August 6, 46 and she petitioned for a resolution to honor this anniversary be presented at the first BOCC 47 meeting in September. 48 Commissioner Dorosin said he attended the ABC board virtual meeting, and alcohol 49 sales are up 10% from last year, and Orange County is currently ranked 12th in the state in 50 4 revenues. He said ABC has spent $40,000 in Covid-19 related expenses, including supplies 1 and a $2/hour raise to all employees. He said the estimate for the ABC store repairs in 2 Hillsborough is $100,000, but the driver’s insurance company will pay this. He said the ABC’s 3 recommended budget includes the adoption of a payroll structure that supports a living wage, 4 which is encouraging. 5 Commissioner Dorosin said his petition is about the role he plays on the ABC Board, as a 6 non-voting position. He said he would like to have a discussion whether the BOCC wants to 7 keep it this way, or if the BOCC would prefer to have a voting member of the board. He said 8 the BOCC talked with John Roberts about this, and the BOCC could have a voting seat. He 9 said is not sure if there are other boards like this. He said the Orange County Board of 10 Commissioners role is more of an advisory, and is not allowed to be a part of the ABC board’s 11 closed sessions. He would like a review of any boards like that, and to have a discussion going 12 forward. 13 Commissioner Dorosin said he received a letter from one of the rural fire departments 14 about the Solid Waste Convenience Centers, but will bring it up later in the meeting. 15 Chair Rich said Orange County is conducting more Covid-19 testing, which increases 16 positive numbers. She said the numbers are a little higher than desired, and these numbers will 17 come to the BOCC tomorrow. She said Orange County’s executive order runs through June 18 30th and if the governor changes things, the County can go back to change its order, or not. 19 Chair Rich said when questions arise about items on a BOCC agenda, the process is for 20 questions to be directed to Greg Wilder in the Manager’s Office, who then disperses them to 21 the appropriate Department Directors. She said Directors reply to all County Commissioners. 22 She said this procedure has been in place for many years, but has recently become a bit 23 muddled. She said Greg Wilder would write a memo about this procedure, to serve as a 24 reminder. 25 Chair Rich had two petitions. She said the first refers to the $11.5 million of unfunded 26 fund balance from the Chapel Hill-Carrboro City Schools (CHCCS), and she was stunned to 27 hear that amount mentioned last week, since schools are complaining about bad air, etc. She 28 petitioned for the Manager to meet with the superintendent to discuss the potential reallocation 29 of the undesignated fund balance to meet articulated needs expressed by the current CHCCS 30 CIP budget. She said the $11.5 million does not belong to the schools, but to the taxpayers, 31 and if there are serious needs the schools should address them with these funds. 32 Chair Rich said her second petition is about the Chapel Hill library funding. She said the 33 memorandum of understanding (MOU) ran out in 2015, but the County continues to fund the 34 library at $563,000/year. She said the BOCC should review this. She said she would like the 35 minutes from the last working group with Chapel Hill; the minutes from the last Library Board 36 meeting; what it costs; how many households are using the library; and to better understand 37 about the interoperability, and where they have gone with that. She said she did talk with 38 Lucinda Munger, Library Services Director, and would like this to be addressed promptly. 39 40 4. Proclamations/ Resolutions/ Special Presentations 41 NONE 42 43 5. Public Hearings 44 NONE 45 46 6. Regular Agenda 47 48 a. Eviction Diversion Program and Approval of Budget Amendment #9-A 49 5 The Board considered voting to approve the development of an Eviction Diversion 1 Program in Orange County to help eligible Orange County residents avoid eviction, preserve 2 tenancy, address substandard housing conditions and maintain the affordable rental housing 3 supply; allocate funds to pay housing costs necessary to prevent imminent eviction and 4 foreclosure, assist in securing affordable homes, and prevent homelessness; authorize staff to 5 seek funding for the Eviction Diversion Program from the Towns, and donations from the 6 communities and businesses; and approve Budget Amendment #9-A to appropriate $200,000 7 from the Social Justice Reserve. 8 9 DEFERRED UNTIL JUNE 2nd or earlier 10 11 b. Coronavirus Relief Funding Summary Report and Approval of County Plan 12 The Board received an outline and presentation on the Coronavirus Relief Funding (CRF) 13 to North Carolina counties, including allowable expenses, spend down timeframes and reporting 14 requirements; and consider voting to approve an Orange County Coronavirus Plan for submittal 15 by June 1, 2020. 16 17 BACKGROUND: 18 The North Carolina General Assembly unanimously approved the Coronavirus Relief Funding 19 that was signed by the Governor on May 4, 2020. The CRF package includes relief measures 20 related to public health and safety, education, small business assistance, and continuity of state 21 government operations. The State has included $150 million in initial relief funding, with each 22 county’s allocation distributed on a per capita basis, with the exception of the largest three 23 counties – Guilford, Wake, and Mecklenburg. Those three counties received Coronavirus Relief 24 funding directly from the U.S. Treasury based on their populations exceeding 500,000. 25 26 The Orange County State-wide per capita share is $2,665,753 of the $150 million allocated to 27 NC counties. House Bill 1043 does not appropriate any funds directly to a city or town but 28 instead delegates that funding decision to counties. If the BOCC directed staff to allocate a 29 share of the County’s CRF funds to the municipalities, then a County per capita allocation is 30 proposed as a fair and reasonable allocation methodology. A per capita allocation is currently 31 used for the distribution of local option sales tax including Article 44 Hold Harmless sales tax. 32 33 COVID-19 Eligible Expenses: 34 • Provide Grants to small businesses experiencing financial loss due to COVID-19 35 • Support COVID-19 related expenditure for public health staff and program costs, 36 personal protective equipment (PPE), public safety staff expense, medical expense, 37 overtime or mandatory pay, distance learning and teleworking requirements 38 • Expenses must be incurred between March 1, 2020 – December 30, 2020 39 • Funds cannot be used to replace lost local government revenue 40 41 Note: The U.S. Treasury may allow revenue replacement in any future CRF allocations. 42 43 Reporting Requirements: 44 June 1, 2020 - Counties determine a funding plan 45 Beginning October 1 - Submit Quarterly Reporting of expenditures to the State 46 47 The Funding Plan categories due by June 1, 2020 are: 48 1) Medical expenses 49 2) Public health expenses 50 6 3) Payroll expenses 1 4) Expenses to facilitate compliance with COVID-19-related public health measures 2 5) Expenses associated with economic support including small businesses 3 4 Gary Donaldson, Chief Financial Officer, made the following PowerPoint presentation: 5 6 Coronavirus Relief Fund Act 7 Summary 8 May 19, 2020 9 10 Background 11  State of North Carolina allocation from the Federal CARES Act is $4 billion; 12  The North Carolina General Assembly approved the Coronavirus Relief Fund Act House 13 Bill 1043; 14  Governor signed legislation House Bill 1043 on May 4, 2020; 15  House Bill 1043 appropriates $150 million from the State to be allocated among 97 16 counties on per capita basis; 17  U.S. Treasury is providing direct funding to Guilford, Mecklenburg and Wake counties; 18 there populations exceed 500,000; 19  House Bill 1043 allows NC counties to determine municipality funding; 20  Orange County per capita share from the State is $2,665,753 21  Fair and reasonable allocation is methodology is each town per capita share within 22 Orange County; similar to current Local Option Sales Tax per capita allocation 23 24 County-Based Per Capita Allocation (chart) 25 26 CRF Act Eligible Uses 27  Provide Grants to small businesses experiencing financial loss due to COVID-19 28  Support COVID-19 related expenditure for public health staff and program costs, 29 personal protective equipment (PPE), public safety staff expense, medical expense, 30 overtime or mandatory pay, distance learning and teleworking requirements 31  Expenses must be incurred between March 1, 2020 – December 30, 2020; and not 32 accounted for in FY 2019-20 Budget 33  Eligible expenses if any prior to March 1, 2020 should be applied for through FEMA 34  Must apply for either CRF or FEMA; trigger date is determinant 35  Before March 1 apply through FEMA; minimal County coronavirus expenses within this 36 timeframe 37  After March 1 apply through CRF; majority of coronavirus expenses 38  Funds cannot be used to replace lost local government revenue 39 Note: The U.S. Treasury may allow revenue replacement in any future CRF allocations. 40 41 State Reporting Time 42  June 1- Submit a Funding Plan to the Office of State Budget and Management 43  Quarterly Funding Reports on October 1, 2020 and January 1, 2021 44  All Funds must be expended by December 30, 2020 45  Unexpended fund to be returned to the State 46 47 Next Steps 48 BOCC Approval- 49 7  Two Step Process to Decide; 1) Municipalities Allocation 2) Eligible Uses 1 Allocation by June 1 2  Inform Town Finance Officers of Federal and State Guidelines, Tracking 3 Expenditures and Reporting Timeframes 4  Implement Funding Plan 5 6 Questions 7 Commissioner Dorosin said the BOCC is discussing two things: the allocation formula 8 and the plans. He said the recommendation for the formula is to do it per capita, and asked if 9 there are any alternatives to this method. 10 Gary Donaldson said per capita is fair and reasonable, but another alternative could be 11 on the ad valorem. He said the staff recommendation would be to use the per capita. 12 Commissioner Dorosin asked if staff looked at a comparison of the options. 13 Gary Donaldson said yes, and the ad valorem option would be higher for the county and 14 less for the municipalities. 15 Commissioner Dorosin said it would be helpful to hear all options and their comparisons, 16 when there is more than one option. 17 Commissioner Dorosin said the second decision is what the funding plan would be. 18 Bonnie Hammersley said staff will bring a recommended funding plan to the Orange 19 County Board of Commissioners, and she will be meeting with department heads and will find 20 out what they need, and her staff will prioritize. She said $2.6 million is not a lot of money, and 21 the County will have to spend quickly. She said staff will probably bring it to the Orange County 22 Board of Commissioners at the May 28th work session, and the towns have to submit their plans 23 at the same time. 24 Bonnie Hammersley said the other option is to give the towns a portion of these funds, 25 which would be totally voluntary on the part of the County. She said there will be no other 26 monies in the CARES ACT for municipalities. She said the plan will be brought forward as soon 27 as possible, and staff is open to suggestions. She said there are many Covid related expenses, 28 and any local funds would have to be used before the CARES ACT funds; however, Orange 29 County has not put aside any local money. She said after CARES ACT funds have been spent, 30 then petitions can be made to the Federal Emergency Management Agency (FEMA). 31 Commissioner Dorosin said the two things that these funds can be spent on are on 32 County needs and small business grants. He said he hoped that any plan would include funds 33 for these two things. 34 Bonnie Hammersley said the BOCC must decide if it wants to give funds to the towns, 35 per capita. She said she did not think to include ad valorem as an option. 36 Chair Rich said these monies have to be spent between March and December 2020. 37 Commissioner Bedford said she had a concern about using the per capita allocation as 38 outlined, although she thinks per capita is fairer than ad valorem. She said things like the 39 health department and DSS, which are countywide, have had a lot of expenses. She asked if 40 the total of these expenses is known, and said these expenses would only be incurred at the 41 County level. She said it may be better to give the towns half of the suggested percentage, and 42 when the staff has the first quarterly report, staff can adapt the funding. She said postage to 43 mail paper-voting ballots will also be a County expense. She said her concerns are the per 44 capita percentages are too high, and she would like to try to stagger the plan and funding. 45 Bonnie Hammersley said the County is in charge of many of these services, but the 46 entire county is taxed for these purposes. She said they have spent about $495,000 to date. 47 She said there are some things that will be centralized within Orange County, such as masks. 48 She said the consultant who will come on board to lead the recovery will be shared amongst all 49 the partners, and all plans will work together and complement one another. She cautioned the 50 8 Board from keeping funds separate, as everyone has the same goal and is working together. 1 She said the towns may have needs that the County does not know about, or best know how to 2 handle. 3 Bonnie Hammersley said she recommended this methodology because they have 4 always used it. She said if any of the funds are spent on ineligible uses, the State would 5 require all local entities to repay the funds, and possibly lose out on future funding. 6 Commissioner McKee said the BOCC should stay within the recommended allocation, 7 as it is a well-known practice. 8 Commissioner McKee said for County staff to work closely with town staffs to make sure 9 the funds are spent appropriately. 10 Gary Donaldson said he would send out the information about the ad valorem option to 11 Board tomorrow, as he only has numbers from years past, which are about 3-4% higher than 12 per capita. 13 Commissioner Marcoplos suggested approving this tonight, and the per capita is what 14 has been used historically. He said it is fair and equal. 15 Chair Rich said the County has been working closely with the towns, and this proposal is 16 not a surprise to anyone. She said the plan is the most important thing. She said Durham 17 asked for input from Orange County, and will likely use Orange County’s methodology as a 18 template to move forward. 19 Chair Rich asked Commissioner Dorosin if he was willing to vote without exact ad 20 valorem numbers from Gary Donaldson. 21 Commissioner Dorosin said yes he was willing to vote. 22 Gary Donaldson said he would get the ad valorem information to the Board for 23 informational purposes. 24 25 FINANCIAL IMPACT: The State has allocated $2,665,753 to the County for eligible COVID-19 26 expenses. 27 28 A motion was made by Commissioner McKee, seconded by Commissioner Price to 29 receive the summary report and approve an appropriate CRF Funding Plan for submittal by the 30 June 1, 2020 deadline. 31 32 VOTE: UNANIMOUS 33 34 Commissioner Dorosin said Commissioner Bedford’s comments were well taken, and 35 there may be times when the Board wants to revisit the per capita allocation methodology. He 36 petitioned this discussion for a future work session. He said it is not about short changing the 37 towns, but rather make sure the countywide services are funded. 38 39 c. Release of the 2020 Orange County Affordable Housing Bond Program 40 Application 41 The Board considered voting to authorize the release of the 2020 Orange County 42 Affordable Housing Bond Program Application materials on June 8, 2020. 43 44 BACKGROUND: 45 In the fall 2016, the Board of Commissioners approved a $5 million Affordable Housing Bond. 46 Half of the bond funds ($2.5 million) were awarded in 2017. This application is for the remaining 47 $2.5 million of the bond funds. 48 9 The 2020 application was developed based on the Request for Proposals (RFP) for the 2017 1 round of bond funding and the application evaluation criteria approved by the Board of 2 Commissioners in April 2019. 3 4 Eligible projects will be new construction for homeownership and/or rental development 5 affordable to low-income households. Projects may be mixed-use and/or mixed-income. No 6 more than 20% of residential units may be set aside for people with disabilities, in compliance 7 with best practices outlined in the State of North Carolina’s Olmstead settlement agreement. 8 Land banking is not an eligible use. 9 10 Eligible applicants for funding will be: 11 • nonprofit organizations involved in affordable housing and community development 12 (including faith-based organizations) 13 • for-profit developers, and 14 • joint ventures between eligible nonprofit and for-profit entities 15 16 The application evaluation criteria consider the following factors for each proposed project: 17 (1) income and vulnerable population targeting 18 (2) targeting of households currently living and/or working in Orange County 19 (3) leveraging of other funding sources 20 (4) building and site design features including environmental sustainability and accessibility 21 features 22 (5) community design features including neighborhood compatibility and location relative to 23 transportation, employment opportunities, and services 24 (6) community sponsorship, engagement, and support 25 (7) project feasibility, and 26 (8) developer experience 27 28 Differences between this application and the 2017 RFP are mostly formatting changes in order 29 to condense the content of application. Significant recommended changes include: 30 • This is a funding application rather than an RFP – applications will go to the Department 31 of Housing and Community Development (DHCD) instead of through Procurement. 32 Because they will not go through Procurement, certain requirements of Contractors, 33 such as E-Verify requirements and Iran Divestment Act certification requirements, are 34 not included. 35 • Application review and preliminary scoring will be conducted by DHCD staff, then 36 funding recommendations will be made to the BOCC, rather than the review process 37 going from staff to a County team, then to the Affordable Housing Advisory Board, and 38 then to the BOCC. Because advisory boards may not be able to meet to review 39 applications due to the COVID-19 pandemic (and the inability of advisory boards to hold 40 virtual meetings), this process will prevent delays in application review and funding 41 awards. 42 43 If and when the 2020 application is approved by the BOCC, the proposed timeline for 44 application review and funding award is as follows: 45 June 8, 2020 Application Released 46 June 15, 2020 Application Workshop 47 July 31, 2020 Application Submission Deadline 48 August 2020 Staff Review Applications 49 September 1, 2020 BOCC Considers Applications and Funding Recommendations 50 10 September 2 – 1 October 1, 2020 Contracts Executed and Projects Begin 2 3 Emila Sutton, Housing Director, made the following PowerPoint presentation: 4 5 HOUSING BOND APPLICATION 2020 6 Orange County Board of Commissioners 7 May 19, 2020 8 9 Background 10 • In the fall 2016, the Board of Commissioners approved a $5 million Affordable Housing 11 Bond. Half of the bond funds ($2.5 million) were awarded in 2017. This application is for 12 the remaining $2.5 million. 13 • 2017 Awards: 14 o $915, 334 to Habitat for Humanity for development of 24 owner occupied 15 Townhomes for seniors in the W aterstone development serving ages 55 and 16 above who earn between 30% and 80% of Area Median Income (AMI) 17 o $636,533 and $736,833 to CASA for development of Merritt Mill Chapel Hill and 18 Carrboro (respectively) for 28 proposed rental apartments serving people 19 earning 50% or less AMI 20 o $211,300 to EmPOWERment for the acquisition and rehab of a single family 21 rental home for families earning under 50% AMI 22 23 2020 Housing Bond Application 24 • The 2020 application was developed based on the Request for Proposals (RFP) for the 25 2017 round of bond funding and the application evaluation criteria approved by the 26 Board of Commissioners. 27 • Eligible projects will be new construction for homeownership and/or rental development 28 affordable to low-income households. Projects may be mixed-use and/or mixed-income. 29 • Eligible applicants for funding will be: 30 o nonprofit organizations involved in affordable housing and community 31 development (including faith-based organizations) 32 o for-profit developers, and 33 o joint ventures between eligible nonprofit and for-profit entities 34 • The application evaluation criteria consider the following factors for each proposed 35 project: 36 (1) income and vulnerable population targeting 37 (2) targeting of households currently living and/or working in Orange County 38 (3) leveraging of other funding sources 39 (4) building and site design features including environmental sustainability and 40 accessibility features 41 (5) community design features including neighborhood compatibility and location 42 relative to transportation, employment opportunities, and services 43 (6) community sponsorship, engagement, and support 44 (7) project feasibility, and 45 (8) developer experience 46 47 2020 Housing Bond Application Proposed Changes 48 11 • Differences between this application and the 2017 RFP are mostly formatting changes 1 in order to condense the content of application. Significant recommended changes 2 include: 3 • This is a funding application rather than an RFP – applications will go to the Department 4 of Housing and Community Development (DHCD) instead of through Procurement. 5 Because they will not go through Procurement, certain requirements of Contractors, 6 such as E-Verify requirements and Iran Divestment Act certification requirements, are 7 not included. 8 • Application review and preliminary scoring will be conducted by DHCD staff, then 9 funding recommendations will be made to the BOCC, rather than the review process 10 going from staff to a County team, then to the Affordable Housing Advisory Board, and 11 then to the BOCC. 12 o Because advisory boards may not be able to meet to review applications due to 13 the COVID-19 pandemic (and the inability of advisory boards to hold virtual 14 meetings), this process will prevent delays in application review and funding 15 awards. 16 17 2020 HOUSING BOND APPLICATION PROPOSED TIMELINE 18 If and when the 2020 application is approved by the BOCC, the proposed timeline for 19 application review and funding award is as follows: 20 June 8, 2020 Application Released 21 June 15, 2020 Application Workshop 22 July 31, 2020 Application Submission Deadline 23 August 2020 Staff Review Applications 24 September 1, 2020 BOCC Considers Applications and Funding Recommendations 25 September 2 – 26 October 1, 2020 Contracts Executed and Projects Begin 27 28 2020 HOUSING BOND APPLICATION EDIT NEEDED 29 30 Orange County Affordable Housing Bon Program 2020 Scorecard 31 4. Building and Design _____ (20 pts) 32 Scoring Criteria Maximum Points Project incorporates sustainable design elements, such as smaller building sizes, use of local/recycled building materials, energy efficient features, LED lighting, water conservation fixtures, efficient HVAC systems, etc. (for energy efficient features, the project meets or exceeds the NC Housing Finance Agency’s energy efficiency criteria) 5 Project provides handicap accessibility and/or incorporates Universal Design 3 Project incorporates sustainable community and environmental design elements, such as flexible lot design, low impact development, storm water controls, reduced impervious surface areas, natural or drought-resistant landscaping or any additional element that would serve to minimize negative environmental impacts, as Orange County regulations allow 5 12 Project is connected to water and sewer service, will connect to existing service, or will use a community well and sewer system consistent with water and sewer boundary agreements and local standards 5 Additional points may be awarded for meeting aspects associated with functionality, maintenance and dispersal. 2 1 PUBLIC COMMENT: 2 Delores Bailey, Executive Director of EmPOWERment, said during this pandemic they 3 have supported many areas of their community, and she listed these. She said 4 EmPOWERment closed on 3 apartments and one piece of property during this pandemic. She 5 said her concern with this application is whether it allows for purchases and rehabs. She said 6 EmPOWERment’s inventory is full, and it is imperative that EmPOWERment receives funding 7 from this bond. She said EmPOWERment will be at a disadvantage with the larger housing 8 non-profits, with the scoring rubric as it stands. 9 Commissioner Price referred to the eligible projects on page 37, which says no more 10 than 20%of the properties can be set aside for those with disabilities. She asked if those that 11 would be included in this could be identified, and if this is seeking to discourage group homes. 12 Emila Sutton said the intent is that people with disabilities have full choice where they 13 can live, to prevent discrimination. She said this limits hard set aside units to 20%. 14 Commissioner Price referred to the next page, and said one of the reasons not to be 15 considered is that an applicant has previously demonstrated poor past performance or 16 compliance with funding guidelines. She asked if this pertains to County programs, and how 17 many years back will they be looking. 18 Emila Sutton said she was not sure how this was defined in past applications, and they 19 can take recommendations. She said reviewing three years of compliance history would be 20 reasonable. 21 Commissioner Price said if one had an issue in years past, but it is good standing now, 22 she would want them to be considered. 23 Commissioner Price referred to construction detail, and asked if consideration would be 24 given to universal design that provides flexibility, so people can stay in their homes. She asked 25 if points would be given for that. 26 Emila Sutton said yes. 27 Commissioner Price asked if this would have to be built in. 28 Commissioner Dorosin said it is already included in the checklist on page 38. 29 Commissioner Greene said it is in the scoring criteria, giving 3 points. 30 Commissioner Price said the applicant would get extra points for designating units for 31 Orange County residents, and asked if there is a method to monitor this. 32 Emila Sutton said it is a part of the scoring criteria, and would be indicated in the 33 application. She is not aware of any residency monitoring. 34 Commissioner Price said it would require taking the developer at their word. 35 Emila Sutton said she is not aware of any way to monitor residency status. 36 Commissioner Price referred to the conflicts of interest portion, and asked if Mebane will 37 be included. 38 Emila Sutton said yes, she can include Mebane. 39 Commissioner Dorosin asked if the concern to which Delores Bailey eluded could be 40 clarified; that EmPOWERment would be at a disadvantage to the larger non-profits. 41 Emila Sutton said the way the application is written does not include acquisition and 42 rehab as eligible uses of funds. 43 13 Commissioner Dorosin asked if, right now, the only eligible use of funds is for new 1 construction. 2 Emila Sutton said yes. 3 Commissioner Dorosin said he would advocate for changing the application to include 4 acquisition and rehab. 5 Commissioner Dorosin said the whole residency issue is tricky and can create legal 6 issues. He said the developers should be encouraged to market to those who live and work in 7 Orange County. He said he would encourage more creative thinking on this issue. 8 Commissioner Greene agreed completely with Commissioner Dorosin about the 9 residency issue. She said the other point she wanted to make was about the scoring criteria, 10 and specifically public transportation. She said points were added for developments that had 11 access to public transportation, or those that would provide transportation. She said she did not 12 like that option of providing transportation, as it is too vague, and she would like to strike that 13 and just give points to those projects on public transportation (section 5 of scoring criteria, page 14 18) 15 Chair Rich asked Emila Sutton about this topic. 16 Commissioner Greene said the BOCC added development provided transportation last 17 year. She said she would prefer that if the development is not on public transportation then it 18 does not get the points. 19 Commissioner Greene moved to take language out for transportation being provided by 20 the developer. She said this should not earn transportation points. 21 Commissioner McKee asked, if the verbiage is taken out, would it not eliminate 22 developments being built beyond the bounds of public transportation. 23 Commissioner Greene said no, as the transportation points are just one area of points. 24 She said a development could get points for other things. 25 Commissioner McKee said between two close projects, it may make the difference. 26 Commissioner Greene said it may well be the tipping point, but she feels the project on 27 public transit should get the money. 28 Commissioner McKee said it is hard to argue against her point, but he does not want to 29 centralize affordable housing in urban corridors. 30 Commissioner Greene said this is a policy difference between her and Commissioner 31 McKee, and she would like public monies to be used to support development that serves the 32 most people in an environmentally friendly way. 33 Commissioner McKee said he understands that, but also feels the BOCC has an 34 obligation to support geographical diversity in affordable housing. 35 Commissioner Greene said the BOCC is talking about creating scoring criteria for 36 limited funding. 37 Commissioner Marcoplos said there will soon be an on demand transportation that will 38 go throughout the County, and this should be recognized and addressed somehow in the 39 scoring. 40 Commissioner Marcoplos said every resident was able to vote on this bond, and the 41 BOCC needs to envision some projects in the rural areas. He said there may be a 42 development that has a community garden component, which could only be done in a rural 43 setting, and this helps the environment as well. He said there should be opportunity for 44 affordable housing everywhere. 45 Commissioner Greene said she is not opposed to re-writing the verbiage to add the on 46 demand transportation. 47 Commissioner Price said she had concerns about taking the verbiage out, and there is 48 room for a lot of creativity. 49 14 Commissioner Dorosin said this goes back to a bigger debate of how to get the most 1 housing and community based services with limited funds. He said Commissioner Greene’s 2 suggestion is fine and the very next criteria that is listed gives points to housing that is in an 3 area that is typically underserved, which would address the issue rural needs. He said water 4 and sewer is a similar issue, and it is more expensive to build without water and sewer. He said 5 the costs for housing are not just limited to the house itself. 6 Commissioner Greene said many options that have been suggested are provided 7 publicly. She said she most strongly objects to the “by the developer” wording as it could be 8 anything, and not really true transportation service, and it may be difficult to enforce. She said 9 she would prefer it to read, “Public transportation to include a bus route, or publically provided 10 on demand service, or equivalent public transportation is accessible.” She agreed with 11 Commissioner Marcoplos’ point about the other advantages to rural living, and the bond funds 12 being voted on by the whole county. 13 Commissioner Dorosin seconded Commissioner Greene’s motion 14 15 VOTE: Ayes, 4 (Commissioner Greene, Chair Rich, Commissioner Bedford, 16 Commissioner Dorosin); Nays, 3 (Commissioner McKee, Commissioner Marcoplos, 17 Commissioner Price) 18 19 Commissioner Bedford agreed with Commissioner Dorosin to amend this to include 20 acquisition and rehab to the application, as eligible uses of funds. She said there is no value in 21 cutting off potential projects at this point. She asked Emila Sutton if the process is integrated 22 with the town of Chapel Hill’s process, in order to avoid working in silos. 23 Emila Sutton said she has spoke with the Town, and Chapel Hill has released their 24 funds first in advance of the County, so that applicants would know if they were receiving 25 Chapel Hill funds in advance of applying to the County. 26 Commissioner Bedford said knowing how much an applicant may have received from 27 Chapel Hill is important. 28 Commissioner Bedford said she would like conversation, since the advisory boards are 29 not meeting virtually now. She asked if a full list of the projects would be provided to the 30 BOCC. 31 Emila Sutton nodded yes. 32 Commissioner Bedford said when she read about the 20% limit for those with 33 disabilities, she understood where the language was coming from, due the Olmstead act; but 34 she appreciated Emila Sutton adding extra clarification. She said she is excited about this 35 process moving forward. 36 Chair Rich asked if the BOCC were to include acquisition and rehab into the process, 37 where would it be included in the scoring criteria. She said she thought half of the bond money 38 was going to older construction, and half was going to new, shovel ready projects. 39 Emila Sutton said she is unfamiliar with the prior conversations, and her department 40 would need to look at this to see if any of the scoring would impact these types of uses. She 41 said, if not, they could just be added as eligible projects. 42 Commissioner Dorosin referred to page 37, and said the language could be changed to 43 include this uses as eligible projects. He said to take out “ new construction”, or possibly add 44 language there. He said he thinks the scoring construct would remain the same. 45 Commissioner Price said adding acquisition or rehab would not change anything, but 46 perhaps new language would be needed under project detail activity on page 42, as it has new 47 construction verbiage in there. 48 Commissioner Greene suggested passing this tonight to add acquisition and rehab, and 49 Emila Sutton could look at the criteria and bring back on the BOCC consent agenda. 50 15 Commissioner Greene said she is a little uneasy that the advisory board is not weighing 1 in. She asked if the advisory board could be involved without slowing the process down. 2 John Roberts said he does not know. He said virtual meetings are not prohibited by 3 state law, but rather by BOCC policy, which is up for discussion in June. He said if the boards 4 can meet virtually it could possibly be concluded by the end of June. 5 Commissioner Greene said she would prefer the advisory board be able to weigh in, but 6 she is not going to insist on it. 7 Commissioner Price said the advisory board issue did concern her too. She said if the 8 advisory board is allowed to meet virtually, she would encourage it, as the advisory board is 9 made up of members of the community. She said staff could present the advisory board with a 10 recommendation for it to review. 11 Chair Rich said this is the BOCC’s timeline, and it can be tweaked if need be to allow 12 the advisory board to meet. She said the virtual meeting policy would need to be changed. 13 Commissioner Greene asked if the advisory board can meet in person, with strict social 14 distancing. 15 Chair Rich said no, as the state of emergency only allows 10 people to meet in person. 16 Commissioner McKee said people can sit in the Whitted meeting room, if the advisory 17 board wants to meet. He said it is 5000 square feet, and could be much less congested than 18 grocery store. 19 Bonnie Hammersley said she respects Commissioner McKee’s position. She said the 20 process for the last $2.5 million of the housing bond included a committee of staff that ranked 21 the applications. She said this committee did not go through the advisory boards at that time. 22 She said the staff that reviews these applications should be those who are experts in housing. 23 She said there is a process that was employed for the small business loan fund, and it worked 24 very well. She said it was an emergency committee and they met virtually. 25 Bonnie Hammersley said the Orange County Board of Commissioners may decide on 26 June 2nd to allow virtual advisory board meetings, and the applications do not go out to June 8th. 27 Commissioner Marcoplos said the advisory board involved should be involved, and 28 would support delaying the process a couple of weeks 29 Commissioner Dorosin said he is in favor of having the advisory board involved, but 30 does not want to change the timeline. 31 Commissioner Price said the review process is not until August, and virtual meetings are 32 easier to for people to attend, so the timeline can be held to. 33 34 A motion was made by Commissioner Price, seconded by Commissioner Bedford amend 35 the application to include housing rehab and acquisition as well as new construction 36 37 VOTE: Ayes, 6; Nays, 1 (Chair Rich) 38 39 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene for 40 the Board to authorize the release of the 2020 Orange County Affordable Housing Bond 41 Program Application materials with two amendments on June 8, 2020 with any modifications 42 from the Board (and ask Emila Sutton to review the criteria for rehab/acquisition that needs to 43 be changed). 44 45 VOTE: UNANIMOUS 46 47 d. Discussion Regarding Construction and Demolition Waste at Waste and 48 Recycling Centers 49 16 The Board discussed and provided direction to Solid Waste staff regarding enforcement 1 of the current Solid Waste Ordinance provisions related to Construction and Demolition Waste 2 at the Waste and Recycling Centers. 3 4 BACKGROUND: 5 The Orange County Waste and Recycling Centers (Centers) were established for the disposal 6 of household municipal solid waste and recycling. Specifically, the Orange County Solid Waste 7 Ordinance provides in Section 34-40 that Centers are maintained at selected locations 8 throughout the County for the convenience of County residents. It details a list of wastes that 9 may not be accepted at convenience centers, including commercial waste, institutional waste, 10 industrial waste, land clearing waste, and construction waste and demolition waste. In contrast, 11 the ordinance specifically provides a list of materials that, if there is a specifically designated 12 area for collection, may be deposited at the Centers, including white goods, furniture, yard 13 waste and tires. These ordinance provisions have been in effect since 14 May of 1993. 15 16 A recent audit of the Centers highlighted that the Ordinance was not being consistently followed 17 by some of the Solid Waste staff. The Centers have traditionally allowed a “wheelbarrows” or up 18 to 3 cubic feet worth of construction and demolition waste to be deposited in the bulky waste 19 area as an accommodation to residential users of the sites. This amount was being 20 inconsistently applied by staff. In addition, it became apparent that construction and demolition 21 waste of a commercial nature was also being brought to the sites. Individuals that were 22 renovating homes for commercial purposes were bringing or causing large quantities of 23 material to be brought to the sites. 24 25 This activity was not only contrary to the current Solid Waste Ordinance but also raised other 26 concerns. The Orange County Regulated Recycling Materials Ordinance (RRMO) is being 27 circumvented by having construction and demolition wastes brought to the Centers. The RRMO 28 requires that regulated recyclable construction and demolition waste be separated from other 29 solid waste unless delivered to a certified commingled recycling facility. Allowing the 30 construction and demolition waste at the Centers violates the RRMO. The construction and 31 demolition waste that is brought to the Centers is transported to a transfer station and ultimately 32 disposed of in a municipal solid waste (MSW) landfill. 33 34 In addition to conflicting with the RRMO, accepting Construction and Demolition waste at the 35 Centers increase both transportation costs and disposal costs which have seen recent 36 increases and will continue to increase. During fiscal year 2019-20, the disposal rate at the 37 Durham transfer station increased from $44.50 per ton to $47.50 per ton. 38 39 FINANCIAL IMPACT: Current conservative estimates are that 20-25% of waste delivered to the 40 Waste and Recycling Centers are construction and demolition wastes. Tipping fees for those 41 materials are estimated to be $75,000-$88,000 per year. Increasing the amount of allowable 42 construction and demolition wastes will result in increased transportation and disposal costs 43 ultimately resulting in a need to increase the Solid Waste Programs Fee. 44 45 Robert Williams, Solid Waste Director, made the following PowerPoint presentation: 46 47 Waste and Recycling Centers 48 Construction and Demolition Discussion 49 May 19, 2020 50 17 1 Purpose 2 Provide updated information on the current operations of the Waste and Recycling Centers 3 4 Background/History 5 In 1993, Section 34-40 of the Solid Waste Ordinance established guidelines for what is 6 acceptable and not acceptable at solid waste convenience centers now known as Waste and 7 Recycling Centers. 8 Sec. 34-40. - Solid waste convenience center. 9 O (a) Solid waste receptacles are maintained at selected centers throughout the county for 10 the convenience of county residents. Use by out-of-county residents is prohibited. Solid 11 waste may be deposited in the solid waste receptacles only in accordance with the 12 provisions of this article. 13 14 Background/History 15 NOT ALLOWED 16 (b) The following wastes may not be deposited in solid waste receptacles or at solid waste 17 convenience centers: 18 (1) Asbestos. 19 (2) Burning or smoldering materials, or any other materials that would create a fire hazard. 20 (3) Commercial waste. 21 (4) Construction waste and demolition waste. 22 (5) Hazardous waste. 23 (6) Industrial waste. 24 25 Background/History 26 Allowed 27 c) The following wastes may be accepted at solid waste convenience centers when there is a 28 specific area designated for the collection of such items: 29 O (1)Lead-acid batteries. 30 O (2)Used oil with no other substances mixed in. 31 O (3)White goods. 32 O (4)Yard waste. 33 O (5)Furniture. 34 O (6)Tires. 35 36 Posted Size Limits (photo) 37 38 Waste and Recycling Centers 39 Some attendants previously accepted the following waste, which is not allowed per Sec. 34-40 40 of the Solid Waste Ordinance. 41 42 Waste & Recycling Centers (photo) 43 44 Waste & Recycling Centers (photo) 45 46 Waste & Recycling Centers 47 • Meeting the needs of the customer costs an average of $625,000 per year in disposal 48 tipping fees. 49 18 Accepting C&D at current levels costs an estimated $77,000 -$88,000 in tipping fees per year 1 because the waste is hauled out of Orange County. 2 3 C&D Size Example: 3 cubic feet (photo) 4 5 C&D Size Example: 6 cubic feet (photo) 6 7 C&D Size Example: 3, 6, and 8 cubic ft. (photo) 8 9 Conclusion 10 • Currently, daily limits are in place for MSW and Yard Waste. 11 • There are some inconsistences when it comes to C&D disposal at the Waste and 12 Recycling Centers. 13 14 Commissioner Dorosin asked if there has been a policy change, or was the existing 15 policy just not being enforced. He said if the latter is true, why was the policy not being 16 enforced, and how does staff enforce it now. 17 Robert Williams said he does not know why it was not being enforced, but when he 18 arrived, and understood County ordinances, he found there were inconsistencies. 19 Commissioner Dorosin referred to the picture that shows how much waste residents can 20 bring, and asked if the limit is 3 cubic yards or 4.5. He asked if the policy is enforceable. 21 Robert Williams said 4.5 yards is different, and the sign says 120 cubic feet. He said 22 the confusion came with the C&D waste versus everything else. He said C&D should not be 23 taken at the waste and recycling centers. He said nothing has changed with house waste, etc. 24 He said staff has been more thoroughly trained, and have been encouraged to promote 25 consistency. He said the options are either to stop taking C&D at the solid waste convenience 26 centers (SWCC), or to change the ordinance to accept it. He said enforcement comes with 27 consistency and clear communication to the public. He said the County ordinance does not list 28 C&D waste as allowable material to be collected at the SWCC. 29 Commissioner Price asked if residents are not taking the C&D to the SWCC, then do 30 they take to the C&D landfill and pay a tipping fee. 31 Robert Williams said yes, residents can take it to the C&D landfill with a tipping fee, or 32 out of County to a transfer station. 33 Commissioner Price asked if someone had 6 cubic feet of C&D and took it to the landfill, 34 what would they pay. 35 Robert Williams said there is a flat fee ($5 or $10), but it also depends how much the 36 C&D weighs. 37 Commissioner Price said there is a monetary incentive to leave C&D waste at the 38 SWCC. 39 Robert Williams said yes. 40 Commissioner McKee referred to the sign at the SWCC that was shown in the 41 presentation at the SWCC, and said this sign has been at the SWCCs for years, and is the 42 understood process by the community. 43 Commissioner McKee said the Orange County C&D landfill is open and operational, and 44 asked if there is a reason why the waste is taken to Durham. 45 Robert W illiams said Orange County does not have room at the SWCC, and so it is 46 heaped with the bulk household waste and taken to Durham. 47 Commissioner McKee referred to the first page of abstract where it says the SWCCs are 48 for the convenience of the residents. He said the section that states a resident can bring a 49 wheelbarrow amount of waste, directly contradicts the sign that is posted at the SWCCs. He 50 19 said he is upset that they are talking about having residents pay extra (above and beyond 1 annual waste fees) to haul waste down to the C&D Landfill on Eubanks Road. He said he has 2 taken this type of waste to his local SWCC for more than 20 years. 3 Commissioner McKee said this is an issue of a service to the community, and they have 4 a policy via the signs at the SWCC. He said the problems arise when one is rehabbing a 5 property and takes all the waste to the SWCC. He said he understands the issue of transfer 6 costs to Durham. 7 Commissioner McKee said the BOCC should amend the policy to say that more 8 enforcement of commercial dumping will be enacted, and residential C&D could be placed at 9 the SWCC in much larger amounts than 3 cubic feet. He asked if there is any reason why 10 would they consider dropping it down to 2 grocery bags. 11 Commissioner Marcoplos said it is difficult to separate contractors from residents, and 12 there needs to be a better way to communicate the policy at the SWCC. He said it is pretty 13 reasonable to take a pick up truck full to the C&D Landfill for around $30. He suggested 14 signage at the SWCC, and he would suggest allowing homeowners to bring 6 cubic feet rather 15 than 3 cubic feet to the SWCC, and anything more should go to the C&D landfill. 16 Commissioner Dorosin referred the sign again, and clarified that it does not say anything 17 about C&D waste. 18 Robert Williams said the sign pertains to household or bulk waste. 19 Commissioner Dorosin said residents have been reading this sign, and interpreting it to 20 include that C&D is also allowable. 21 Robert Williams said C&D was never supposed to be accepted at the SWCCs, but he 22 understands Commissioner Dorosin’s point. 23 Commissioner Dorosin said the sign was not supposed to apply to C&D waste. He said 24 residents are reacting to the change for C&D waste, despite the fact that the policy has not 25 changed, but was rather not being enforced. 26 Commissioner Dorosin asked if it would be possible to say they will start taking small 27 amounts of C&D waste at SWCC, which would be segregated from other waste in order to be 28 taken to the landfill, and asked if this would accommodate all interests. He said if residents 29 want to bring more than that, they would take it to the C&D Landfill. 30 Bonnie Hammersley said that Robert Williams had an audit done at solid waste, and 31 changing the ordinance will require a policy change. She said this is a 27-year-old ordinance, 32 which has probably softened in its enforcement over the years. She said staff will enforce it 33 until the BOCC decides to change it. She said Robert Williams is simply enforcing an existing 34 ordinance. 35 Chair Rich said it was her understanding that contractors are meant to properly dispose 36 of C&D waste at the C&D landfill as a part of their job, and is part of the cost of doing business. 37 She asked Commissioner Marcoplos, who is a contractor, if this is correct. 38 Commissioner Marcoplos said yes. 39 Commissioner Greene said she is in line with Commissioner McKee and Commissioner 40 Dorosin. She would support segregating the C&D that is coming into the SWCC, and the large 41 versus small amounts. She said the BOCC is in a bind because the policy on the books differs 42 from what the residents think it is, and the de facto policy is what is written on the sign. She 43 said she would support changing the policy to reflect what is on the posted sign at the SWCC. 44 Commissioner McKee said most residents do not know what the ordinance states. He 45 said he also does not want to conflate the commercial C&D with residential waste. He said 46 there is no way solid waste staff can catch everyone that comes into the SWCC with C&D, but 47 to punish all residents for some abusers is not fair. He said he bought a sofa to the SWCC, 48 and staff told him that starting on July 1 he would only be able to bring 2 grocery bags worth of 49 waste. He said this is not reasonable, and the policy should change. He referred to cost, and 50 20 said he has no problem with the County subsiding these costs, just as it does with many other 1 needs in the County, such as affordable housing. 2 Robert Williams said Commissioner McKee received bad information from one of his 3 employees. He said the items Commissioner McKee brought to the SWCC were allowable 4 (couch, chair, tires, etc.). He said these items are not C&D, and for staff to whisper that in his 5 ear was not fair. He said they are trying to correct these inconsistencies by educating his staff. 6 Commissioner McKee said he has heard from many residents on this topic over the past 7 months. He said perhaps there should be a specific roll off container for C&D waste only, which 8 can be taken to the C&D landfill. 9 Commissioner Marcoplos reiterated his previous point that residents should be allowed 10 to take 6 cubic feet max for C&D; have signage at the SWCC that shows visually what 6 cubic 11 feet are; and state that if one has more C&D waste than this, they should go to the C&D landfill. 12 He said he does think a separate roll on is necessary, but deferred to the expertise of Robert 13 Williams. 14 Commissioner Price said she appreciated the work Robert Williams has done to audit 15 the department and to promote consistency. She agreed with Commissioner Marcoplos’ 16 comments. She said she would like to try and find a way to prevent contractors from using the 17 SWCC. 18 Commissioner McKee said he considers 6 cubic feet to be far too small an amount. 19 20 A motion was made by Commissioner McKee, seconded by Commissioner Price for the 21 Board to: 22 23 • Direct Solid Waste staff to present a resolution at an upcoming meeting amending 24 Section 34-40 of the Solid Waste Ordinance, and provide an outline as to how this waste 25 stream will be directed. 26 27 Commissioner Dorosin asked if Commissioner McKee’s goal is to permit 4.5 cubic yards 28 of residential C&D waste at the SWCCs. 29 Commissioner McKee said he does not have a specific amount in mind, but feels that 6 30 cubic feet is too low. He said he is open to the discussion. He said the County needs to amend 31 the policy, and should avoid the transportation and costs to Durham, and direct local C&D to its 32 own C&D landfill. He said Orange County should take responsibility for its waste. 33 Commissioner Dorosin said he cannot support a policy that maintains what has been 34 done currently. 35 Commissioner McKee said there is no fault on the part of Robert Williams or his staff 36 and his main concern is to accommodate the residents as much as possible. 37 Commissioner Greene agreed, and said the BOCC is asking, through this motion, for 38 staff to bring something back, and for the BOCC to accommodate residents as best it can. 39 40 VOTE: Ayes, 6; Nays, 1 (Chair Rich) C&D should be taken to the C&D Landfill 41 42 Commissioner Dorosin said he received a communication from Chief Jeff Cabe, Orange 43 Rural Fire Department, who said his department has traditionally taken its waste to the Walnut 44 Grove SWCC, but was recently told it could no longer do so. He asked if staff could provide 45 some information as relates this, and to follow up with Jeff Cabe and the Orange County Board 46 of Commissioners. 47 Robert Williams said he would look into this. 48 49 7. Reports 50 21 1 a. Final Report of Emergency Small Business Fund Program 2 The Board received a report from staff on the Emergency Small Business Funding 3 Program for Orange County small businesses experiencing revenue loss due to the coronavirus 4 pandemic. 5 6 BACKGROUND: 7 The coronavirus pandemic has impacted the global economy and disrupted business activity 8 throughout the United States and North Carolina. The County is committed to supporting its 9 local businesses and employment base. 10 11 The Board of County Commissioners approved an Emergency Small Business Funding for 12 Orange County small businesses experiencing revenue loss due to the coronavirus pandemic. 13 The emergency program was funded with $300,000 from the Article 46 Sales Tax Fund. Award 14 recipients were eligible to receive grants and/or loans. The application period was from March 15 25 through April 10, 2020. The BOCC approved formation of a Nine-Member Committee to 16 review and approve the award recipients. 17 18 At the direction of the County Manager, the Finance and Administrative Services and Economic 19 Development departments formulated the policies and procedures for the emergency program. 20 Program eligibility requirements: 21 - Orange County based businesses 22 - Minimum of one year of operations 23 - For-Profit business status 24 - All applicants are required to have been in business for a minimum of one-year, hold 25 applicable 2019 business privilege licenses, and be registered with appropriate legal 26 entities such as the North Carolina Secretary of State or Orange County Register of 27 Deeds office 28 - Companies are not eligible if they have past-due tax liabilities or tax liens, 29 delinquencies in Orange County property taxes, or are currently in bankruptcy 30 (Corporate or Personal) 31 - Profit and Loss statement indicating profitability prior to coronavirus pandemic 32 The County received 283 applications by the April 10 due date, with 39 applications initially 33 eliminated because they were duplicates (20), or submitted by businesses located outside of 34 Orange County NC (19). This resulted in 244 County-wide small business applications as 35 follows: 36 37 Location of Applicants Within Orange County Total Number of Applicants Grant Requests Loan Requests Total Loan & Grant Requests Carrboro 44 $226,000 $573,500 $799,500 Chapel Hill 123 $588,800 $1,516,000 $2,104,800 Hillsborough 62 $315,750 $909,910.82 $1,225,660.82 Durham 2 $10,000 $20,000 $30,000 Mebane 8 $40,000 $125,000 $165,000 Rougemont 3 $15,000 $30,000 $45,000 Cedar Grove 1 $5,000 $10,000 $15,000 Hurdle Mills 1 $10,000 $20,000 $30,000 22 Totals 244 $1,210,550 $3,204,410.82 $4,414,960.82 1 Orange County Economic Development staff completed reviews to check the business 2 registration status with the North Carolina Secretary of State and/or Orange County Register of 3 Deeds, and checked each applicant’s current Real and Personal property tax payment status 4 with Orange County Tax Office to verify eligibility. A total of 168 of the 244 applicants returned 5 the requested information. 6 7 The following table represents demographic information for women, minority and co-owned 8 women businesses. 9 10 Breakdown of 244 Applications 11 Breakdown of 244 Applications 12 Percentages of Women and Minority- Owned Business Owners Women Owned 90 out of 244 Applicants 37% Minority Owned 34 out of 244 Applicants 14% Co-owned by Women 44 out of 244 Applicants 18% 13 Gary Donaldson made the following PowerPoint presentation: 14 15 Emergency Small Business Fund 16 Final Report 17 May 19, 2019 18 19 Background 20  The Board of County Commissioners approved an Emergency Small Business Funding 21 on March 24, 2020 in response to COVID-19 pandemic; 22  Funded through $300,000 appropriation in Article 46 Orange County small business 23 loan program; 24  Application period open to small businesses for more than two weeks; March 25 25 through April 10, 2020. 26  BOCC approved a 9-Member Funding Committee which met and approved the award 27 recipients. 28  9-Member Funding Committee composition; 29 - Two members Small Business Loan Program 30 - Two members Small Business Grant Program 31 - Two members Agriculture Grant Program 32 - One member each from Towns of Carrboro, Chapel Hill and Hillsborough 33  Collaborative Departmental effort by Manager’s Office, Economic Development, 34 Finance, Information Technology, Register of Deeds, Tax Office to respond to small 35 businesses’ needs 36 37 Eligibility Requirements 38  Orange County based businesses 39 23  Minimum of one year of operations 1  For-Profit business status 2  Minimum of one-year in business and applicable 2019 business privilege licenses, and 3 registered with legal entities including North Carolina Secretary of State and County 4 Register of Deeds Office 5  Businesses must not have past-due tax liabilities or tax liens, delinquent property taxes, 6 or bankruptcy reorganization status 7  2019 Profit and Loss statement indicating profitability prior to pandemic 8 9 Compilation of Funding Requests (chart) 10 Breakdown of Awards by Location (chart) 11 12 Demographics of the 244 Applicants 13  Women Owned Applicants 14 - 90 out of 244 Applicants or 37% 15  Minority Owned Applicants 16 - 34 out of 244 Applicants or 14% 17  Women Co-Owned Applicants 18 - 44 out of 244 Applicants or 18% 19 20 Demographics of the 27 finalists 21  Women Owned Finalists 22 - 13 out of 27 Finalists or 48% 23  Minority Owned Applicants 24 - 3 out of 27 Finalists or 11% 25  Women Co-Owned Applicants 26 - 4 out of 27 Finalists or 15% 27 28 Three Key Financial Metrics 29 1) 2019 Profit/Loss Statement 30 - Revenues minus Expenditures 31 - Operating Surplus (Deficit) 32 -Passing Metric: $0 or greater 33 2) 2019 Net Profit Margin 34 - Net Income divided by Revenues 35 - Passing Metric: Positive % 36 3) March 2019 versus March 2020 Revenue Variance 37 - Passing Metric: 25% or greater revenue decrease 38 39 Financial Criteria Results (chart) 40 41 Additional Small Business Funding Options 42  Additional Funding Options; Article 46 and Coronavirus Relief Funds; 43  Decrease from multiple Financial Criteria to only 1 criteria; 44  Finance Criteria-April 2019 versus April 2020 Revenue Declines 45 46 Commissioner Marcoplos asked if Piedmont Food Processing Center (PFAP) was one 47 of the applicants that passed the financial criteria and was recommended to the committee. 48 Gary Donaldson said no. 49 Commissioner Price asked if Gary Donaldson could review the last slide again. 50 24 Gary Donaldson did so. 1 Commissioner Dorosin said some people turned down awards, and asked if these funds 2 would be distributed amongst other recipients, or be used at another time. 3 Gary Donaldson said the recommendation is to roll those funds into a phase two. He 4 said these awards were distributed with care given to equity, and he expects there are many 5 more businesses that will need future help. 6 Commissioner Dorosin said the list shows some business that received less than the full 7 amount, or possibly nothing. 8 Gary Donaldson said there were some businesses that did not want a loan, and those 9 that are listed at zero did not want a loan. 10 Commissioner Dorosin asked if some received less, it was because they wanted less. 11 Gary Donaldson said yes. 12 Commissioner Dorosin said it seems like people could have received more if there is 13 excess funding, and the goal is to get the money out as quickly as possible. 14 Gary Donaldson said many disbursements were made electronically. 15 Bonnie Hammersley referred to the CARES ACT money, and said the County submitted 16 its application last week and will receive the CARES ACT money before the plan is submitted. 17 She said this money is moving, and will not take months. She said the $36,000 can be rolled 18 up in it, and hopefully reach more people than this time. She said the CARES ACT money 19 must be given out as grants, not loans. 20 Chair Rich clarified that the recommendation is for the BOCC to receive the report this 21 evening, and asked if staff is recommending using some of the CARES ACT money for the next 22 round. 23 Bonnie Hammersley said no, and in the plan there will be monies for small business 24 grants. She said the plan is forthcoming, likely next week. 25 Commissioner Price said there were only 27 applicants that made it through the 26 approval process, as opposed to there not be enough funds to give to more applicants. 27 Gary Donaldson said that is correct. 28 Commissioner Bedford said 244 people completed applications, but only 27 qualified 29 awards, so there are 217 applicants who are not happy. She said she agreed with Gary 30 Donaldson that the criteria should be lucent. She agreed with the Manager about assessing the 31 needs with the Department heads, and said the best way to stimulate the economy is to get 32 money into the hands of people to be spent; specifically poor people. She asked if there is a 33 way to have a net worth eligibility requirement. She said she feels conflicted on parts of this 34 topic. 35 Commissioner Dorosin said he feels the County should have given all of the monies out, 36 as this was an emergency proposal. He said he favored reducing the criteria, and looks 37 forward to moving quickly on the next round. 38 Commissioner Bedford said she has clients who have received PPP funds from the 39 federal government, and she thinks those people should be screened out, and then give priority 40 to those who did not receive those funds. 41 Gary Donaldson said this could be done. 42 Commissioner Price said there are small businesses that are family owned, and do not 43 have relationship with financial institutions, and could not have taken advantage of the PPP 44 funds. She said she would like to reach out to these businesses specifically. 45 46 8. Consent Agenda 47 48 • Removal of Any Items from Consent Agenda 49 Chair Rich – Item 8e 50 25 1 • Approval of Remaining Consent Agenda 2 3 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to 4 approve the remaining items on Consent Agenda. 5 6 VOTE: UNANIMOUS 7 8 • Discussion and Approval of the Items Removed from the Consent Agenda 9 10 e. Fiscal Year 2019-20 Budget Amendment #10 11 The Board approved budget and capital project ordinance amendments for fiscal year 12 2019-20 for Department on Aging; Department of Social Services; Non-Department – Juvenile 13 Crime Prevention Council (JCPC); Health Department; Housing and Community Development; 14 and Animal Services. 15 Chair Rich said wanted to point out that DSS received $7155 in community giving 16 donations for their food pantry and school supplies, and she wanted to share the Board’s 17 appreciation for these donations. 18 19 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to 20 approve budget and capital project ordinance amendments for fiscal year 2019-20. 21 22 VOTE: UNANIMOUS 23 24 a. Minutes 25 The Board approved the draft minutes from April 23 and 28, 2020 as submitted by the 26 Clerk to the Board. 27 b. Request for Road Additions to the State Maintained Secondary Road System for 28 Sweetflag Lane in The Forest at Little River Subdivision 29 The Board voted to make a recommendation to the North Carolina Department of 30 Transportation (NCDOT), and the North Carolina Board of Transportation (NC BOT), 31 concerning a petition to add Sweetflag Lane in The Forest at Little River Subdivision to the 32 State Maintained Secondary Road System. 33 c. Schools Adequate Public Facilities Ordinance – Approval and Certification of 2020 34 Report 35 The Board approved and certified the 2020 Schools Adequate Public Facilities Ordinance 36 Technical Advisory Committee (SAPFOTAC) Report. 37 d. Audit Contract Renewal Extension for Mauldin & Jenkins, LLC 38 The Board voted to exercise the second of three one-year renewal options for Mauldin & 39 Jenkins to perform audit services for Orange County pursuant to Request for Proposals (RFP) 40 5215 of the original audit contract approved by Board of County Commissioners on March 22, 41 2016; authorize the requisite County signatures as required by the North Carolina Local 42 Government Commission; and authorize staff to pursue a new RFP during the upcoming year 43 for audit services for Orange County beginning with the FY 2020-21 financial and compliance 44 audit. 45 e. Fiscal Year 2019-20 Budget Amendment #10 46 The Board approved budget and capital project ordinance amendments for fiscal year 2019-20 47 for Department on Aging; Department of Social Services; Non-Department – Juvenile Crime 48 Prevention Council (JCPC); Health Department; Housing and Community Development; and 49 Animal Services. 50 26 f. Change in BOCC Meeting Schedule for 2020 1 The Board approved changes to the Board of Commissioners’ meeting calendar for 2020 to 2 make the June 2020 BOCC meetings virtual. 3 4 5 9. County Manager’s Report 6 Bonnie Hammersley said there will be a Budget Work Session on May 21st. 7 8 10. County Attorney’s Report 9 John Roberts said the General Assembly (GA) has been focused on Covid-19 issues, 10 and today was the last day for local bills. 11 12 11. *Appointments 13 NONE 14 15 Commissioner Marcoplos said Commissioner McKee proposed meeting in person on 16 June 2nd, and asked if there is a status update on this. He said he is prepared to make a 17 motion that the BOCC not meet in person. 18 Chair Rich said there is a State of Emergency in place that does not allow gatherings of 19 more than 10 people. 20 Commissioner Marcoplos said he supported that, and now is not the time to get cavalier. 21 Commissioner McKee said it was a petition, and was in line with the governor’s phasing 22 in. 23 Commissioner Dorosin referred to the follow up list for petitions, and whether Chapel Hill 24 Carrboro City Schools (CHCCS) has signed a janitorial contract. He said he still thinks a task 25 force is needed to look into the issue of in house versus contract services, even if CHCCS has 26 already signed a contract. 27 Commissioner Bedford said Commissioner Dorosin is misreading it, and the petition to 28 have a task force created is still on the list. 29 30 12. Information Items 31 • May 5, 2020 BOCC Meeting Follow-up Actions List 32 33 13. Closed Session 34 NONE 35 36 14. Adjournment 37 38 A motion was made by Commissioner McKee, seconded by Commissioner Bedford to 39 adjourn the meeting at 10:11 p.m. 40 41 VOTE: UNANIMOUS 42 43 44 Penny Rich, Chair 45 46 47 Donna S. Baker 48 Clerk to the Board 49 50 27 1 2 1 ATTACHMENT 2 1 2 DRAFT MINUTES 3 BOARD OF COMMISSIONERS 4 VIRTUAL BUDGET WORK SESSION 5 May 21, 2020 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Virtual Budget Work Session on 9 Thursday, May 21, 2020 at 7:00 p.m. 10 11 COUNTY COMMISSIONERS PRESENT: Chair Rich and Commissioners Jamezetta Bedford, 12 Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price 13 COUNTY COMMISSIONERS ABSENT: 14 COUNTY ATTORNEYS PRESENT: John Roberts 15 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 16 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified 17 appropriately below) 18 19 Chair Rich called the meeting to order at 7:00 p.m. 20 21 Due to current public health concerns, the Board of Commissioners conducted a Virtual Budget 22 Work Session on May 21, 2020 utilizing Zoom. Members of the Board of Commissioners 23 participated in the meeting remotely. As in prior meetings, members of the public were able to 24 view and listen to the meeting via live streaming video at orangecountync.gov/967/Meeting-25 Videos and on Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). 26 27 28 1. FY 2020-21 Fire District Tax Rates, Pgs. 216-222 29 • New Hope Fire District, Pg. 219 30 • Orange Rural Fire District, Pg. 220 31 32 2. Discussion of County Departments’ FY2020-21 Recommended Budgets within the 33 Public Safety, General Government, and Support Services Functional Leadership 34 Teams (including Operations, Capital, and Fee Schedule Changes): 35 36 Public Safety 37 • Courts, Pg. 122 38 • Criminal Justice Resources, Pg. 123 39 • Emergency Services, Pg. 200 40 • Sheriff, Pg. 331 41 • Non-Departmental, Pg. 289 42 43 General Government 44 • Board of County Commissioners, Pg. 74 45 • Board of Elections, Pg. 78 46 • County Attorney, Pg. 110 47 • County Manager, Pg. 113 48 • Register of Deeds, Pg. 327 49 2 • Tax Administration, Pg. 361 1 • Non-Departmental, Pg. 273 2 3 Support Services 4 • Asset Management Services, Pg. 66 5 • Community Relations, Pg. 101 6 • Finance and Administrative Services, Pg. 211 7 • Human Resources, including Employee Pay & Benefits, Pg. 248 and Appendix A, Pg. 8 367 9 • Information Technologies, Pg. 256 10 • Non-Departmental, Pg. 292 11 12 Travis Myren made the following PowerPoint presentation: 13 14 Budget Work Session #2 15 County Fire Districts 16 Public Safety 17 General Government 18 Support Services 19 May 21, 2020 20 Virtual Meeting 21 22 County Fire Tax District Map 23 • 12 Fire Tax Districts 24 • Different from Primary Response Districts 25 • Total Fire District Expenditures $6,626,480 26 • Increase of $313,760 over FY2019-20 27 28 Fire District Recommendations 29 Fire District Tax Rates FY2019-20 Tax Rate FY2020- 21 Rec. Tax Rate Difference Cedar Grove 8.10 8.10 0.00 Chapel Hill 14.91 14.91 0.00 Damascus 10.80 10.80 0.00 Efland 6.78 6.78 0.00 Eno 9.68 9.68 0.00 Little River 5.92 5.92 0.00 New Hope 9.94 10.67 0.73 Orange Grove 6.81 6.81 0.00 Orange Rural 9.15 9.48 0.33 South Orange 9.68 9.68 0.00 Southern Triangle 10.80 10.80 0.00 3 White Cross 12.37 12.37 0.00 1 2 Fire District Recommendations 3 Recommended Fire Tax Rates and Revenue (Chart) 4 5 Fire District Recommendations 6 • District Requests – pages 219 & 220 7 o New Hope Fire District 8 – 0.73 cent Increase Requested to 10.67 cents 9 – Rate Increase Generates - $51,867 10 – Restructure and Add Three (3) Paid Staff 11 o Orange Rural Fire District 12 – 0.33 cent increase from 9.15 cents to 9.48 cents 13 – Rate Increase Generates - $49,480 14 – Add Full Time Fire Chief Position & Increasing Workers 15 Compensation 16 – Apply $89,000 from Fund Balance for Fire Suppression 17 Equipment and Chief’s Vehicle 18 19 Charles Bowden said these funds will be used to increase and restructure staff. He said 20 it is very difficult to find volunteer firefighters. 21 Jeff Cabe, Orange Rural Fire, said this all looks good. He said his department had a 22 significant increase in workers comprehension, due to the death of a firefighter. He said this 23 should go back down in about 5 years. 24 Travis Myren resumed the PowerPoint presentation: 25 26 CIP Questions- these will be action items the Orange County Board of Commissioners will 27 consider for future budget amendments. 28 • Future Action Items 29 o Tankless/On-demand Hot Water Heater at the Seymour Center p. 38 CIP 30 – Up to 24% More Efficient 31 – New Quote = Same Price as Traditional Gas Fired Units 32 – Amend Major Plumbing Repairs Project to Reflect an On-33 Demand System for the Seymour Center 34 – No Change in Recommended Cost 35 • Future Action Items 36 o Library Roof Replacement p. 44 CIP 37 – Staff Error 38 – Roof is not at End of Life and is Performing According to Design 39 – New Roof Asset Management Program Study to Prioritize Future 40 Projects 41 – Amend Roofing and Building Façade Project to Remove 42 Design Costs of $25,000 from FY2020-21 Project 43 Recommendations and $250,000 from the FY2021-22 Project 44 Recommendations 45 • Future Action Items 46 o Morgue Project p. 53 & 54 CIP 47 – Original Scope Proposed Reuse of 4,200 sq. ft. Existing Building 48 – Fully Operational Morgue Requires Approximately 1,000 sq. ft. 49 4 – Attaching Morgue to New EMS Substation is More Efficient than a 1 Standalone Option 2 – New Project Scope and Costs Include Deconstruction of Existing 3 Facility 4 – Amend the EMS Substation Project included in the 5 Recommended FY2020-21 CIP to Reduce the Morgue Portion 6 of the EMS Substation Project from $1.2 million to $525,000 7 8 Public Safety 9 • Courts – page 122 10 – Decrease of $7,500 for the Jury Master List which is Funded Every Other Year 11 – CIP Projects for Justice Facility - p. 33 & 39 CIP 12 o Generator Projects – $450,000 13 – Fully Energize Justice Facility during Power Disruption 14 – Current Unit Only Services Sheriff’s Office 15 o Old Courthouse Square - $20,000 16 – Design of Restoration Activity in Future Years 17 – Total Restoration Budget - $630,000 18 19 Mark Kleinschmidt, Clerk of Court, said the County’s response to the Court’s needs has 20 never been met as well as it was this past year, noting that previous years received good 21 support as well. He thanked the Board of County Commissioners (BOCC) and County staff for 22 its support of court operations. 23 Commissioner McKee referred to on demand hot water system versus conventional, and 24 asked if there is a known life span differential. 25 Travis Myren said the research shows no difference in terms of life cycle or costs. He 26 said there might be some extra piping, but that is covered in the proposed costs. He resumed 27 the PowerPoint presentation: 28 29 Public Safety 30 • Criminal Justice Resource Department – page 123 31 o Total Recommended Expenditure Budget - $735,949 32 – Offset by $461,328 in ABC Board Revenues 33 o Lethality Assessment Protocol Project - $60,000 34 – CJRD to Oversee Contract with Compass Center 35 – On Scene, Evidence Based Risk Assessment by Law 36 Enforcement 37 – Training Provided by Attorney General’s Office 38 – Immediate Connection to Domestic Violence Service Provider for 39 Officer and Victim 40 – Contract Funds Staffing for a New Domestic Violence Hotline 41 » $60,000 in FY2020-21 42 » $30,000 in FY2021-22 43 » Compass Center to Fund with Grants Thereafter 44 45 Commissioner McKee asked if this grant is a revolving grant, or an annual grant. 46 Travis Myren said it is an annual grant, with a steady revenue stream. 47 Commissioner Greene said this program will be very helpful moving forward. 48 49 50 5 Travis Myren resumed the PowerPoint presentation: 1 2 Public Safety 3 • Criminal Justice Resource Department – page 123 4 o Restoration Legal Counsel Program 5 – 16,000 Orange County Residents with Suspended Drivers 6 Licenses 7 – 3,000 of those Suspensions Result from Failure to Comply with 8 Traffic Fines and Court Fees 9 – Free Legal Services to Reduce or Eliminate a Traffic Fee or Fine 10 – Expunction Relief to Purge Criminal Record 11 – Means Tested Service Eligibility 12 o Program Performance 13 – Started in October 1, 2019 14 – 250 Referrals in FY2019-20 15 – 40% of Referrals Received Restoration Relief 16 – 420 Referrals Expected in FY2020-21 17 18 Public Safety 19 • Criminal Justice Resource Department – page 123 20 – Pretrial Services Performance-graph 21 22 Public Safety 23 • Criminal Justice Resource Department – page 123 24 – Criminal Case Assessment -graph 25 26 Commissioner Price referred to the lethality project slide, and asked if it is known where 27 this would go in the chart. 28 Travis Myren referred to page 289-291, and said it is in the Public Safety Non- 29 Departmental Section. 30 Commissioner Price said the Department requested $198,000 for operations, but the 31 Manager recommended $93,000. She asked if the proposed use of the money could be 32 identified. 33 Travis Myren said staff is not recommending any general fund funded positions. 34 Caitlin Fenhagen, Criminal Justice Resource Director, said the original plan was to start 35 earlier with the Compass Center, with more funding, but that was reduced due to Covid-19. 36 Caitlin Fenhagen said she is very excited about the lethality assessment protocol, and 37 the state is offering free training. She said it requires a great deal of collaboration amongst all 38 local law enforcement. She said it will be worth it, and highly valuable. She said this program is 39 evidence based, and has shown to reduce lethality in domestic violence cases. 40 Caitlin Fenhagen said the jail population has been greatly reduced, through the 41 collaboration of all involved. 42 Commissioner Dorosin asked if there is any update of the Restoration Relief program. 43 Caitlin Fenhagen said it has been terrific, and the Judges all respect the staff involved. 44 She said referrals have slowed due to Covid-19. 45 Travis Myren asked if MAR could be defined. 46 Caitlin Fenhagen said it stands for Motion for Appropriate Relief, and there are people 47 serving state prison sentences that are vulnerable to Covid-19, or are close to the end of their 48 sentences, who can be released early. She said support is being provided when people return 49 home. 50 6 Travis Myren resumed the PowerPoint presentation: 1 2 Public Safety 3 • Emergency Services – page 200 4 o Total expenditure budget - $11,816,610 5 – Total County Costs Increased by $455,091 from FY2019-20 6 Budget 7 o Emergency Management Planner 8 – Added by Reclassification in FY2019-20 to Assist in COVID 9 Response 10 o Recurring Capital - $198,000 11 – Ambulance Outfitting, Equipment Replacement 12 – Approximately the Same as FY2019-20 13 o 911 Software Upgrade - $190,000 14 – Mandatory due to VIPER Changes 15 16 Public Safety 17 • EMS Revenue – Collected by Tax Administration (graph) 18 19 Public Safety 20 • Emergency Services – page 200 21 o Community Paramedic Program Performance 22 o Population Served 23 – Falls at Home 24 – Congestive Heart Failure & Chronic Obstructive Pulmonary 25 Disease (COPD/Emphysema) 26 – Substance Abuse/Overdose Follow-up 27 o Program Outcomes 28 – 27 Unique Patients; 39 Total Visits 29 – Community Paramedic Visits Suspended due to COVID-19 30 – Patients with One (1) Initial Encounter Did Not Call 911 Again with 31 Same Complaint 32 33 Public Safety 34 • Emergency Services – page 200 35 – Emergency Medical Services Performance Measures (graph) 36 37 Commissioner Dorosin referred to the two full time community paramedic positions only 38 doing 39 visits, and said that seemed low to him. 39 Dinah Jeffries, EMS Director, said she did not hire the positions until mid September, 40 and one was a re-classification, and one was a new hire. She said they did not start visits until 41 October/November, and then Covid-19 hit and they were pulled to do duty at the EOC. 42 Commissioner Dorosin said he was wondering if this is the best use of these services. 43 44 Travis Myren resumed the PowerPoint presentation: 45 46 Public Safety 47 • Emergency Services – page 200 48 – Emergency Medical Services Wheels Rolling Time (graph) 49 50 7 Public Safety – CIP 1 • EMS Substation and Morgue – p. 53 CIP 2 – Efland Substation Replaces Station #4 on Mt. Willing Road 3 • 24 Hour Substation 4 • 5,000 sq. ft.; Two Ambulance Bays; Sleeping Quarters for Four Staff 5 • PV Panels – 61 kW System with 11-13 Year Payback 6 • Total Cost - $2.3 million 7 – Morgue Project 8 • Revised Cost from $1.2 million to $575,000 9 • Provides Fully Functional 1,000 sq. ft. Facility 10 • Attached to the Substation for Shared Site Work and Infrastructure 11 – Public Safety – CIP 12 13 Dinah Jeffries said she is proud of her team and Orange County, and appreciates 14 everything that the County has done for her department. She said her staff is tired, but 15 dedicated, and Orange County has one of the best Emergency Services departments in the 16 state, and maybe in the U.S. She said her staff is thankful to the Orange County Board of 17 Commissioners. 18 Chair Rich said she has been working closely with EMS on Covid-19, and she thanked 19 the department for its great efforts. She said this is EMS week. 20 Commissioner Dorosin referred to page 220, and said the organizational chart shows 21 one community paramedic. He asked if the other one listed elsewhere in the organization. 22 Travis Myren said this is probably due to the timing of the publication. He resumed the 23 PowerPoint presentation: 24 25 Public Safety 26 • Sheriff – page 331 27 • Total expenditure budget - $14,803,705 28 – Net County Cost Increase of $727,614 over FY2019-20 Budget 29 • Classification and Compression Work in FY2019-20-chart 30 31 Public Safety 32 • Sheriff – page 371- Sheriff’s Office Calls for Service (chart) 33 34 Public Safety 35 • Sheriff – page 371- Average Scene Time (chart) 36 37 Public Safety 38 • Sheriff – page 371- Response Time (chart) 39 40 Commissioner Price referred to the slide with the projections of number of calls, and 41 asked if there is a current update. 42 Travis Myren said he can get that information. He said on an annualized basis there 43 would be 13,000 calls. He said this goes from July 2019 to early May 2020. 44 Commissioner Price asked if the calls are around 30,000 now. 45 Travis Myren said the high twenties. 46 Commissioner Price asked if there is a reason for the increase in response time. 47 Travis Myren said it is about stable. 48 Sheriff Blackwood said there are many factors that go into this, but the main reason is 49 that his department is spending a lot more time with investigative measures at the scene, due to 50 8 increased technological resources. He said there has been a dramatic increase in domestic 1 calls, and the lethality protocol will increase the time spent even further. He said it is not taking 2 longer to get to the call, but rather more time is being spent with the people involved in the call. 3 Commissioner McKee said domestic calls are up, and asked if that is the main reason 4 for the increase in the volume of calls. 5 Sheriff Blackwood said no, there are several factors increasing the number of calls. He 6 said there are more people in the county than before; there is a level of trust within the 7 community; and the Sheriff is asking people to call for help. He said this number is a good 8 thing. 9 Commissioner McKee asked if the number of calls was putting more stress on his staff. 10 Sheriff Blackwood said if he does his job appropriately, he takes the pressure so his 11 deputies do not have to. He said he pays close attention to his staff, and there are measures in 12 place to offer support to those who need it, or may be overwhelmed. He said officers from 13 around the state want to come to work in Orange County, which is a compliment. 14 Sheriff Blackwood said Covid-19 has brought many of their departments together 15 though the pandemic, and it has been challenging, but all are working together. 16 Sheriff Blackwood expressed thanks for the support his office has received from County 17 staff and the Orange County Board of Commissioners. He said he hopes some of the practices 18 put in place due to Covid-19 may continue. He said the efficiency is amazing. 19 Travis Myren resumed the PowerPoint presentation: 20 21 Public Safety 22 • Non-Departmental Expenditures – page 289 23 – Lethality Assessment Protocol - $60,000 24 – Juvenile Crime Prevention Council Match - $24,408 25 • Required 30% County Match 26 • Driven by Additional Funding for Organizations due to Raise the Age 27 Legislation 28 29 Commissioner Dorosin said the BOCC voted to add a position to the Sheriff’s office for 30 an SRO at Eno River Charter School, and asked if there was any update. 31 Sheriff Blackwood said the position has been filled, and the agreement was for a yearly 32 renewable contract. He said the school wants to continue with it. 33 Travis Myren said almost all pubic safety positions would be exempt from the hiring 34 freeze, especially those with a funding stream. He resumed the PowerPoint presentation: 35 36 General Government 37 (Donna Baker was in attendance) 38 • Board of County Commissioners – page 74- 7:47pm 39 • Total expenditure budget - $987,832 40 – Increase of $1,703 over FY2019-20 41 • Boards and Commissions Software Upgrade - $25,000 42 – Transfer from Board Technology Fund in CIP 43 • Compensation Adjustment - $12,709 44 – Effective December 1, 2020 45 – Amendment Submitted to Eliminate December Adjustment 46 • Countywide Travel and Training Reduction – ($25,400) 47 48 General Government 49 • Board of County Commissioners – page 75 50 9 • Performance Measures 1 – % of Contracts Completed within 15 Days of Department Request 2 » FY2019-20: 85% 3 » FY2020-21: 90% 4 – % of Agendas Published Electronically within 24 hours of Receipt 5 » FY2019-20: 100% 6 » FY2020-21: 100% 7 – % of Eligible Reappointments Submitted Prior to Term Expiration 8 » FY2019-20: 85% 9 » FY2020-21: 90% 10 11 General Government 12 • Board of Elections – page 78 13 • Total expenditure budget - $843,363 14 – Net decrease of $20,033 Compared to FY2019-20 15 • Reduction in Personnel and Operating Accounts 16 – One Countywide Election in FY2020-21 17 18 Commissioner Bedford thanked Rachel Raper, Elections Director, for sending 19 information that there may be Care Act funding for the election, but asked if there will be 20 increased costs for absentee voting postage, as well as cleaning supplies due to Covid-19. 21 She said it is important to do everything possible so people can vote. She asked if the County 22 can help in any way to insure that the BOE is not stuck with a time delay in getting necessary 23 supplies 24 Rachel Raper said there is bill to be filed tomorrow about funding, and she is confident 25 that the General Assembly (GA) did decide to match the funding. 26 Commissioner Bedford asked if there are plans in place of plans for voter information, 27 such as registration and voting by mail. She said the website should have more clarification. 28 Rachel Raper said they are trying to use the wording “voting by mail,” which is a term 29 that is used in western states, and the website does have information about how to do this. 30 She said she will work with her partner departments to make sure absentee ballot request 31 forms are available at County facilities. 32 Commissioner Bedford asked if one registers through the DMV, does one receive voting 33 information through that process. 34 Rachel Raper said no, one does not receive voting by mail information, but does receive 35 some information about voting. She said she would like to include the voting by mail 36 information here as well. She said there are a lot of unknowns at this time, and faxing and 37 emailing absentee ballots may be a possibility. She said more information will be forthcoming. 38 Commissioner Bedford asked if there is a process in place to get additional funds to a 39 department quickly, while the BOCC is on summer break. 40 Bonnie Hammersley said staff would look at appropriated money and the Orange 41 County Board of Commissioners would not be involved. She said, during the summer break, 42 the Orange County Board of Commissioners allows the Manager authority, and then the Board 43 approves budget amendments in the fall retroactively. 44 Chair Rich said Orange County sent a tweet out today with a link to get an absentee 45 ballot. 46 Commissioner Price asked if the BOE provides postage for absentee ballots. 47 Rachel Raper said no, postage is not provided for voters to send back absentee ballots. 48 Commissioner Price asked if sending a ballot back in would require additional postage. 49 Rachel Raper said the outgoing is more expensive, and incoming only takes one stamp. 50 10 Commissioner Price asked if the department is hiring more staff for the upcoming 1 election. 2 Rachel Raper said she is ramping up her seasonal temporary employees, which was 3 originally expected to handle early voting sites; but now this workforce may be shifted to handle 4 absentee ballots in the office. 5 Commissioner Price asked if more funds will be needed for advertising. 6 Rachel Raper said she is waiting to see what the General Assembly provides for 7 direction first. 8 Commissioner Price asked if absentee voters will need a notary. 9 Rachel Raper said one usually needs a notary or two witnesses, but she will wait to view 10 the GA bill first. 11 Commissioner Dorosin said he has heard that many temps who work the polls are 12 elderly, and some counties are looking for alternative measures due to polling sites not being 13 able to accommodate social distancing. He asked if Orange County is looking into any of this, 14 and what has Rachel Raper heard from other areas. 15 Rachel Raper said she is waiting until mid-July to send out a poll to her poll workers to 16 gauge where the “holes” are. She said she is looking in detail at the question of 17 accommodating social distancing. 18 19 Travis Myren resumed the PowerPoint presentation: 20 21 General Government 22 • County Attorney – page 110 23 John Roberts was in attendance 24 • Total expenditure budget - $666,764 25 – Decrease of $9,268 Compared to FY2019-20 26 • Reduction in Litigation Expenses due to Settled Cases 27 – $10,000 Reduction in Operating Budget 28 29 General Government 30 • County Manager – page 113 31 • Total expenditure budget - $2,946,480 32 – Reduction of $8,235 Compared to FY2019-20 33 – Countywide Travel and Training Reduction 34 • Transfer Partnership to End Homelessness to Housing & Community 35 Development Department 36 – Improve Coordination of Continuum of Housing Related Services 37 38 General Government 39 • County Manager – page 117 40 – Arts Commission 41 • Total Expenditure Budget - $225,199 42 – Increase of $13,771 due to Personnel Related Costs 43 • Performance Measures 44 – Arts Incubator at Eno River Mill 45 » 1st Tenant in March 46 » Four Studios Paying Rent 47 » One Studio Under Lease 48 » Four Vacant with Six on Waiting List (On Hold due to 49 COVID-19 Precautions) 50 11 • New Programs and Activities 1 – Lead Coordinator for Local Roots Festival 2 – Good Moon Festival 3 – Art on the Hill Outdoor Exhibit(s) 4 5 General Government 6 • County Manager – page 119 7 – Food Council 8 • Total Expenditure Budget - $72,629 9 – County Share: $28,325 10 – Moved to a Multiyear Fund to Preserve Unspent Funds 11 • FY2019-20 Accomplishments 12 – Pilot Compost Program at Two OCS Elementary Schools 13 – Food Insecurity Report – BOCC Retreat 14 – Active in COVID-19 Food and Agriculture Support Groups 15 – Staff Liaison to Piedmont Food and Agricultural Processing 16 Center 17 18 Commissioner Dorosin asked if there is a reason for personnel costs increasing under 19 the Arts Commission, given the hiring freeze. 20 Travis Myren said this is for 2 reasons: 1.) there was a reclassification of a position; and 21 2.) recognition of the 2% across the board pay increase that was applied last year. 22 Commissioner Dorosin said he understands that these presentations are a lot of work, 23 and recognizes the amount of effort that goes into them; but it is difficult to go back and forth 24 between the presentation and the PowerPoint, and going forward, it would be helpful to include 25 explanations on the slides, or in the summaries in the budget book. 26 Commissioner Price asked if the reclassification could be explained. 27 Travis Myren said when staff reviews positions and classifications, they sometimes 28 recommend increases or decreases based on the review. 29 Commissioner Price asked if this is for increased responsibilities or to provide a raise. 30 Travis Myren said it is not a raise, but rather recognition of the responsibilities of the 31 position, in comparison to other positions in the same classification schedule. 32 33 Travis Myren resumed the PowerPoint presentation: 34 35 • FY2020-21 New Programs and Activities 36 – Gaps Analysis – Community Food Baseline Assessment 37 – Development of Food Policy Agenda based on Gaps Analysis 38 – Assist in Creation of a Community Data Index with 39 Health Equity Council 40 41 General Government 42 • County Manager – page 115 43 • Risk Management 44 – Increase Expenditures for Bonds and Insurance - $37,685 45 – Property insurance, general liability, public officials, employment, 46 cyber 47 – Increase expenditures for workers compensation – $197,2 48 – No Change in Budgeted Expenditures for UC - $50,000 Base 49 Budget 50 12 1 General Government 2 • Register of Deeds – page 327 3 • Total expenditure budget - $1,093,958 4 – Net County Costs Decreased by $347,063 5 – Remains a Net General Fund Contributor - $1,163,755 6 • Revenue Increase - $425,000 7 – Excise Stamps and Register of Deeds Fees-chart 8 – Recommended Increase Moderated from ROD Request by 5% 9 10 General Government 11 • Tax Administration – page 361 12 Nancy Freeman was in attendance 13 • Total expenditure budget - $3,895,052 14 – Net County Cost Increase of $71,600 over FY2019-20 15 • Collection Rates Decreased for FY2020-21 16 – Real and Personal Property – (0.5%) 17 – Motor Vehicles – (0.5%) 18 • COVID-19 and the 2021 Revaluation 19 – Field Work is Ongoing but Slightly Behind Schedule 20 – Ongoing Review of Sales Data 21 – Final Assessed Values Established in January 2021 22 23 Bonnie Hammersley referred to the Arts Commission, and said the revised budget is 24 used as the base budget, and that is where the $13,000 came in. She said there was a drop in 25 revenue from the revised budget to the recommended budget, which was about $8000. She 26 said when revenues drop, there is an increase in the County’s costs. 27 28 Travis Myren resumed the PowerPoint presentation: 29 30 General Government 31 • Sales Tax Collections 32 – Projected COVID-19 Impact for Last Three Months of FY2019-20 – ($1.68 33 million) 34 – Projected 12 Month Collections for FY2020-21 Down 4.5% from FY2019-20 35 Budget and 10% from Previous Projections 36 37 General Government 38 • Tax Administration – Tax Base History (chart) 39 40 General Government 41 • Assessed Home Value by Tax Jurisdiction (chart) 42 – Based on 2018 Revaluation 43 General Government 44 • Tax Administration - Tax Rate History (chart) 45 46 General Government 47 • Emergency Measures Used to Delay Tax Rate Increase (chart) 48 • Many One Time or Unsustainable 49 13 • Multi-Year Plan Required to Replace One Time Revenues/Transfers 1 with Sustainable Revenue 2 3 General Government 4 • Non-Departmental – page 273 5 • No budget changes 6 7 Support Services 8 • Asset Management Services – page 66 9 Steve Arndt, Asset Management Services Director, was in attendance 10 • Total expenditure budget - $5,337,736 11 – Increase of $516,091 over FY2018-19 Budget 12 • Annualizing Building Leases - $388,900 13 • No Changes to Utility Accounts 14 15 Support Services 16 • Community Relations – page 101 17 Todd McGee, Community Relations Director, was in attendance 18 • Total expenditure budget - $289,588 19 – Increase of $762 Compared to FY2019-20 Budget 20 • No Significant Budget Changes 21 22 Support Services 23 • Finance and Administrative Services – page 211 24 Gary Donaldson, Chief Financial Officer, was in attendance 25 • Total expenditure budget - $1,606,253 26 – Increase of $71,535 Over FY2019-20 Budget 27 • Annualize 1.0 FTE Financial Systems Administrator 28 – Added by Budget Amendment in FY2019-20 29 • Key Performance Indicators Focused on Efficiency 30 – % of Invoices Not Paid within 30 Days 31 – $ amount of Revenues Not Recorded within 30 days 32 33 Support Services 34 – SMART Goal Feature Coming in FY2020-21 35 36 Support Services 37 • Human Resources – page 248 38 Brenda Bartholomew, Human Resources Director, was in attendance 39 • Total expenditure budget - $1,006,264 40 – Increase of $3,307 over FY2019-20 Budget 41 • Employee Pay and Benefits – page 367 42 • COVID-19 Response Measures 43 – Hiring Freeze 44 – No General Wage Adjustment 45 – Suspend Employee Performance Adjustments 46 – Suspend Conference, Training, and Travel 47 • Mandated Cost Increases 48 – Post-65 Retiree Insurance Increase - $106,003 49 – Dental Insurance Increase - $92,236 50 14 – Employer Retirement Contribution - $800,000 1 2 Support Services 3 • Information Technologies – page 256 4 Jim Northup, Chief Information Officer, was in attendance 5 • Total expenditure budget - $3,846,104 6 – Decrease of $230,510 Compared to FY2019-20 7 • Software Maintenance and Licenses 8 – Decrease of $247,115 due to Use of Multiyear Contracts 9 – Funds Maintenance for 118 Software Program 10 11 Commissioner Price asked if Jim Northrup is ordering more hot spots, or other things 12 needed for emergency purposes. 13 Jim North said his department will be submitting its Covid-19 relief fund budget for next 14 year, and it does include more. 15 Commissioner Dorosin asked if Chair Rich could address the changes included in 16 Phase 2. 17 Chair Rich said executive order (EO) 141 came out last night. She said she met with 18 the mayors, and sent out the amended Orange County EO today. She said the EO141 does 19 not require customer service employees to wear masks, but Orange County’s order does; as 20 well as highly recommending customers coming into shops and restaurants to wear face 21 coverings. She said the Governor required no more than 10 unrelated people at a table, but 22 DHHS required no more than 6, so Orange County requires only 6 as well, and 10 if you are 23 cohabitating. She said indoor gatherings are still limited to 10 people, and outside is 25 people. 24 She said Orange County had this language included for weddings and funerals as well, but has 25 since removed it as there is some worship that goes on in weddings and funerals Orange 26 County did not want to infringe on anyone’s right to worship. She said Orange County’s EO is 27 still in place until June 30th. 28 Commissioner Bedford said many people have passed away during this season, and 29 traditional funerals could not be held. She said she wanted to recognize these families, and 30 express sympathy for their losses. 31 Commissioner Marcoplos asked if there is general consensus from local law 32 enforcement regarding people that are unwilling to follow the executive orders. 33 Chair Rich said Sheriff Blackwood, EMS, and fire chiefs have been a part of the EOC 34 from the beginning, and only one citation has been given in Orange County so far. She said 35 local law enforcement is here to educate not arrest. She said all have worked together in 36 excellent partnership. 37 38 A motion was made by Commissioner Price, seconded by Commissioner Marcoplos to 39 adjourn the meeting at 8:46 p.m. 40 41 42 Penny Rich, Chair 43 44 45 Donna S. Baker 46 Clerk to the Board 47 48