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HomeMy WebLinkAboutAgenda - 09-01-20; 8-a - Minutes 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 1, 2020 Action Agenda Item No. 8-a SUBJECT: Minutes DEPARTMENT: Board of County Commissioners ATTACHMENT(S): INFORMATION CONTACT: Draft Minutes (Under Separate Cover) David Hunt, Deputy 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 28, 2020 BOCC Virtual Budget Work Session June 2, 2020 BOCC Virtual Business Meeting June 4, 2020 BOCC Virtual Work Session June 9, 2020 BOCC Virtual Budget Work Session June 16, 2020 BOCC Virtual Business Meeting July 7, 2020 BOCC Listening Session on Policing and Racial Justice July 14, 2020 BOCC Virtual Special Meeting FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board approve minutes as presented or as amended. 1 1 2 3 Attachment 1 4 5 DRAFT MINUTES 6 BOARD OF COMMISSIONERS 7 VIRTUAL BUDGET WORK SESSION 8 May 28, 2020 9 7:00 p.m. 10 11 The Orange County Board of Commissioners met for a Virtual Budget Work Session on 12 Thursday, May 28, 2020 at 7:00 p.m. 13 14 COUNTY COMMISSIONERS PRESENT: Chair Rich and Commissioners Jamezetta 15 Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price 16 COUNTY COMMISSIONERS ABSENT: 17 COUNTY ATTORNEYS PRESENT: 18 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 19 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified 20 appropriately below) 21 22 Chair Rich called the meeting to order at 7:00 p.m. 23 24 Due to current public health concerns, the Board of Commissioners conducted a Virtual 25 Budget Work Session on May 28, 2020 utilizing Zoom. Members of the Board of 26 Commissioners participated in the meeting remotely. As in prior meetings, members of the 27 public were able to view and listen to the meeting via live streaming video at 28 orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on channels 1301 29 or 97.6 (Spectrum Cable). 30 31 1. Discussion with County Departments within the following Functional 32 Leadership Teams (including Operations, Capital, and Fee Schedule Changes): 33 34 Travis Myren presented the item below: 35 36 Human Services 37 • Aging, Pg. 45 38 • Cardinal Innovations, Pg. 96 39 • Child Support Services, Pg. 98 40 • Health Department, Pg. 223 41 • Housing and Community Development, Pg. 234 42 • Human Rights and Relations, Pg. 253 43 • Library Services, Pg. 260 44 • Social Services, Pg. 335 45 • Non-Departmental, Pg. 275 46 47 (8:30 — 10:00) 48 49 Community Services 2 1 . Animal Services, Pg. 56 2 . Cooperative Extension, Pg. 104 3 • Department of Environment, Agriculture, and Parks & Recreation, Pg. 128 4 • Economic Development, Pg. 143, including Article 46 Sales Tax Fund, Pg. 64 5 • Orange County Transportation Services, Pg. 295 6 • Planning and Inspections, Pg. 310 7 • Solid Waste, Pg. 350 8 • Sportsplex, Pg. 358 9 • Non-Departmental, Pg. 267 10 11 Travis Myren made the following PowerPoint presentation: 12 13 Budget Work Session #3 14 Human Services 15 Community Services 16 May 28, 2020 17 Virtual Meeting 18 19 Aging — page 45 20 Janice Tyler, Department on Aging Director, in attendance 21 • Total Expenditure Budget - $2,516,333 22 o Maintain FY2019-20 Budgeted Resources 23 • Carol Woods Donation ($175,000) Moved to Multi-Year Fund 24 o Unspent Funds Carry Forward 25 • No Service Reductions 26 27 Aging — page 48- Senior Center Attendance-graph 28 29 Aging — page 48-Average Number of Visits Per Individual per Year- graph 30 31 Commissioner Price referred to the slide with attendance, and asked if these 32 numbers include people that come by to pick up meals. 33 Janice Tyler said yes, as well as those who attend virtual activities. 34 Commissioner Dorosin asked if the department is getting more inquiries about Covid- 35 19, since Orange County has a lot of cases with seniors. 36 Janice Tyler said the aging help line stays busy answering all sorts of questions. 37 Commissioner Dorosin asked if other measures are being taking to get information 38 out to seniors about ways to stay safe during this pandemic. 39 Janice Tyler said the department has about 4000 people on its list serve, which gives 40 updates on all sorts of information. She said they also give out information packets through 41 law enforcement and bus riders, as well as meal pick-ups. She said her department is also 42 doing PSAs, etc. 43 Commissioner Price asked if there is an update on the day program facilities, such as 44 Charles House. 45 Janice Tyler said those residents are home with their families, since facilities are 46 closed. 47 Commissioner Price asked if these residents are still getting services. 48 Janice Tyler said staff is checking on these residents, but many residents did not 49 want people to enter their homes, especially if they have care through a family member. 3 1 Commissioner Dorosin asked if the Carol Woods donation has been the same over 2 the last few years. 3 Janice Tyler said it has been the same amount for the last 10 years, and it is a 4 charitable gift. 5 Commissioner Dorosin said this is a generous donation, and the department may 6 want to consider asking for an even more generous donation in the future. 7 8 Commissioner Greene arrived at 7:08 p.m. 9 10 Travis Myren resumed the PowerPoint presentation: 11 12 Cardinal Innovations — page 96 13 CaFrdinali of Effort ' i i . Contracted Provider Service Description Amount % of Total Arc of Orange Volunteer coordination for individuals with County disabilities $ 33,320 2.5% Art Therapy Institute Art Therapy focused on serving refugees $ 27,600 2.0% Carolina Outreach School based mental health $ 5,000 0.4% Chapel Hill Training Outreach/Kidsco e Child care consultation program $ 15,000 1.1% Club Nova Community Club house services $ 163,000 12.0% Freedom House Crisis,psychiatry support, substance use disorder $ 230,499 21.8% Haven House Emergency shelter for youth $ 19,000 1.4% New Destinations Housing - on site program manager $ 35,100 2.6% RHA Day Treatment School based mental health $ 5,000 0.4% UNC Dept. of Psychiatry Mental health crisis services for uninsured $ 320,874 23.7% TOTAL $ 945,187 69.7% 14 15 16 Cardinal Innovations — page 96-Cardinal Innovations — Maintenance of Effort 17 Recommendations - chart 18 19 Commissioner Price referred to Freedom House, and asked if there is an update on 20 what is going on there, as she has heard concerns. 21 Travis Myren said a new company is operating the House, and the crisis services 22 have not changed. He said if Commissioner Price has some examples of complaints he can 23 follow up. 4 1 Commissioner Price said she did not have any specifics. 2 Travis Myren said there have been some organizational changes over the last few 3 years, but he has not been apprised of any deficiencies as a consumer. He resumed the 4 PowerPoint presentation: 5 6 Child Support Services — page 98 7 Erica Bryant, Child Support Services Director, in attendance 8 • Total Expenditure Budget - $1,120,396 9 o Net General Fund Contributor— ($482,673) 10 o Net Cost Increase of$89,368 due to Revenue Reduction Noted 11 Below 12 . Revenue Reduction from FY2019-20 — ($97,368) or 5% 13 o State Estimate from February 2020 14 o Partially Offset by Expenditure Reductions 15 • Anticipated Decline in New Orders and Collections 16 o Unemployment 17 o Court Closure 18 o Collections Dropped 20% between March and April 19 20 Child Support Services — page 98-chart 21 22 Commissioner Dorosin asked if Orange County collections are comparable to 23 statewide collection rates. 24 Erica Bryant said Orange County is in the top tier of collections in the state. 25 Commissioner Dorosin asked Erica Bryant how the pandemic has affected their 26 constituencies, and how will it do so, moving forward. 27 Erica Bryant said her department is serving as a referral agency as of now. She said 28 her department is also assisting people in adjusting support payments in this new economy, 29 and managing consent orders. She said caseloads have increased during the pandemic, 30 and there are many who are brand new to the system. 31 Commissioner Price said the budget book indicates expected decreases, but Erica 32 Bryant is saying there are more cases due to the pandemic. She asked if this could be 33 clarified. 34 Erica Bryant said the decrease is primarily due to reduced court time. 35 Travis Myren resumed the PowerPoint presentation: 36 37 Health Department— page 223 38 Quintana Stewart, Health Department Director, in attendance 39 • Total Expenditure Budget - $10,461,605 40 o ($144,439) Decrease in County Costs 41 o Revenue Decreases Noted Below Offset by Expense 42 Reductions 43 • Dental Revenue Decrease - ($45,481) 44 o Reduction in Collections due to COVID-19 45 46 Health Department— page 223-Dental Care Patient Visits - graph 47 48 Health Department— page 223 49 0 Health Promotion and Education Services Division 5 1 o No General Fund Supported Increase to Family Success 2 Alliance 3 o Healthy Homes 4 ■ Childhood Asthma Program 5 ■ 95% of Children Did Not Visit the Emergency Room Six 6 Months after Initial Home Visit 7 o Tobacco Cessation 8 ■ Distributed 440 Boxes of Nicotine Replacement 9 Therapy to Freshstart Participants 10 ■ 35% of Participants Attended 3 out of 4 Classes Had 11 Quit Attempt at 3 Months 12 . Environmental Health Division 13 o Revenue Decrease— ($8,315) 14 o Anticipated Loss in Restaurant Inspections, Well & Septic 15 Permits 16 • Environmental Health Division 17 o New Performance Measure for % of Onsite Water Protection 18 Service Applications Response in 14 Days or Less 19 FY2020-21 — 70% 20 21 Policy Change in FY2018-19- Review Time for New Restaurant Plans — chart 22 23 Personal Health Services Division 24 . Revenue Decrease— ($18,272) 25 • New Performance Measures 26 o Medical Connection for Formerly Incarcerated Individuals with 27 Chronic Health Conditions 28 ■ % Attending Regular Medical Appointments 29 ■ 85% Projected for FY2020-21 30 o Postnatal Care 31 % of Home Visits Made Within Two Weeks of Delivery 32 90% Projected for FY2020-21 33 o Medical Services for Uninsured, Underinsured, and Medicaid 34 Eligible Clients 35 Number of Child Health Visits 1800 Projected in 36 FY2020-21 37 38 Commissioner Bedford said she previously asked about increased fees for the health 39 department, as well as the ultrasound fees. She said the fees were zero last year because 40 the health department did not have an ultrasound machine. She said fees are set on a 41 sliding scale. 42 Commissioner Dorosin referred to the fees on the sheet given to the Commissioners, 43 and said it described several things identically, but with different charges. He asked if there 44 is a reason for these varying prices, for seemingly the same services. 45 Quintana Stewart said sometimes the fees vary between a new, versus an 46 established, patient; and some may be based on age group. She said she does not have 47 that information in front of her. 48 Commissioner Dorosin mentioned a few specific charges. 49 Quintana Stewart said she is not sure, and would have to ask her technicians about 50 ultrasounds. She said the fees for vaccines are based on costs. 6 1 Commissioner Dorosin said there are some fees listed as zero, and the next column 2 says, "delete". He asked if this is due to these services no longer being offered. 3 Quintana Stewart said this means her department got rid of a particular code. She 4 said her department still offers the service, but under another heading/appointment type. 5 She said her department gets its direction from the state. 6 Commissioner Price asked if there is an update regarding Family Success Alliance 7 (FSA). 8 Quintana Stewart said outreach and case management were shifted from high touch 9 to make it more fluid and flexible. She said not all families needed high touch management. 10 She said this freed up some time for the Navigators, which allowed them to reach out to 11 more families. She said one Navigator does a program called Family Connections, which is 12 for those families that are no longer in need of high touch management. 13 Quintana Stewart said she is also working with a newer program called the North 14 Carolina Integrated Care for Kids, which shares many of the same objectives and goals as 15 the FSA. She said effort is made to maximize both programs, and avoid duplicate services. 16 Commissioner Price asked if there is an update on Gateway. 17 Quintana Stewart said there are still navigators over there. 18 Commissioner Greene referred to page 230, connecting with formerly incarcerated 19 individuals with a disease, and asked if these numbers overlap with the re-entry council. 20 Quintana Stewart said these entities work closely together. 21 Commissioner Greene referred to providing medical services to the uninsured and 22 underinsured, and asked if there is a reason these numbers only start in 2019. She also 23 asked if the County covers the differences in expenses, when a patient is uninsured or 24 underinsured. 25 Quintana Stewart said if one is uninsured then one falls on the sliding scale, and if 26 one cannot pay at all then the County covers the cost. 27 Commissioner Greene asked if there is a reason that the number of child health visits 28 start in 2019. 29 Travis Myren said these services have been provided, but have only recently been 30 tracked. He resumed the PowerPoint presentation: 31 32 Housinq and Community Development— page 234 33 Emila Sutton, Housing Director, in attendance 34 • Total expenditure budget - $6,293,087 35 o Net Cost Increase of$32,231 due to New HCV Contract 36 • Local Voucher Program Maintained at $100,000 37 o New Program Guidelines Pending 38 • Housing Choice Voucher Contract - $100,000 39 o Draw Down More HUD Administration $ and More Vouchers 40 o Substantially Offset by Housing Specialist Vacancies 41 42 Housinq and Community Development— page 234-Housinq Choice Voucher Rent 43 Subsidies 44 45 Housinq and Community Development— page 234- 46 47 Community Development Division 48 Risk Mitigation and Housing Displacement Fund — Maintain $75,000 49 o Risk Mitigation for Landlords $33,750 50 o Displacement Mitigation $15,000 7 1 o Housing Stabilization $26,250 2 o FY2019-20 Budget Amendment Added $100,000 from Local 3 Rent Supplement 4 5 Community Development Division 6 • Maintain Urgent Repair Program 7 o Repairs to health, life, safety, accessibility, <50% AMI 8 o Goal of Repairing 20 Homes in FY2020-21 9 • Maintain Single Family Rehabilitation Program 10 o Comprehensive Rehabilitation for Low and Moderate Income 11 Families <80% AMI 12 o Goal of Rehabilitating 5 Homes in FY2020-21 13 14 Housing and Community Development— page 234 15 16 Housing and Community Development— page 234 17 18 Partnership to End Homelessness 19 • Total Expenditure Budget - $363,319 20 • County Share - $91,603 (Same as FY2019-20) 21 Transferred from County Manager's Office to Housing & Community 22 Development 23 Two (2.0 FTE) HUD Supported Positions for Coordinated Entry 24 One (1.0) Housing Access Coordinator Funded Through Partnership 25 Conversion of Temporary Employee Funding to Create 0.625 FTE 26 Administrative Support 27 28 Commissioner Dorosin referred to the local voucher program, and said he thought the 29 Board of County Commissioners (BOCC) had voted to move the money out of this program. 30 Travis Myren said that was 2019-20 money. 31 Commissioner Dorosin said he thought the BOCC was going to re-visit the 32 requirements for this program. 33 Travis Myren said that is correct, and Emila Sutton and her team are revising the 34 requirements. 35 Commissioner Dorosin asked if this will come back to the BOCC in early fall. 36 Emila Sutton said yes, she will be bringing revised requirements back in the fall. 37 Commissioner Dorosin referred to the homelessness issues, and said the BOCC had 38 a presentation from Corey Root, Partnership to End Homelessness (PTEH) Coordinator, who 39 said rapid housing was a priority. He said the BOCC had talked about putting more money 40 toward these efforts, and he is open to trying to find monies for these low hanging fruits. He 41 asked if there are highest priority items, in the mission to eliminate homelessness, or is the 42 number they need too high. 43 Emila Sutton said right now, some of those gaps are going to be filled from funds 44 from the Cares Act, and staff will need to reassess their priorities once this funding comes 45 down. She said staff is waiting for some grant funding, and is working with the Criminal 46 Justice Resource Department on filling some gaps. 47 Commissioner Dorosin suggested she do this, and come back to the Board. He said 48 the BOCC was in favor of allocating more funds into these programs, as well as some of the 49 other partners with the PTEH. He said the gaps seemed attainable to fill, and would have 50 significant impact. He said he would hate to lose momentum. 8 1 Emila Sutton said staff will be sure to keep the BOCC up to date, and not lose 2 momentum. She said there is a high volume of people coming through coordinated entry, 3 and all hands are on deck to deal with this new surge of need. 4 Bonnie Hammersley said Corey Root's presentation promoted a phased in approach, 5 which has begun with some new HUD funded positions this year, as well as some funds for 6 rapid rehousing. She said these additions are significant, and are in line with phase one of 7 the plan. 8 Commissioner Marcoplos referred to the urgent repair and rehab program, and asked 9 if there is an average cost in these programs 10 Emila Sutton said urgent repair is $8500410,000, and single-family rehab is $30,000 11 and up, and depends greatly on the project. 12 Commissioner Marcoplos asked if staff ever screens for age, members in the 13 household, etc. 14 Emila Sutton said yes, urgent repair funding factor in these variables. 15 Commissioner Greene referred to homelessness, and underscored the street 16 outreach program for which some of the CARES act funds will be used. She said this has 17 been a huge priority, and it is great to see it getting underway. She agreed with Bonnie 18 Hammersley that strides are being made in the area of homelessness. 19 Commissioner Price referred to the new position in homelessness, and asked if the 20 costs be split with the towns. 21 Travis Myren said there are 3 positions, 2 of which are funded through HUD, with no 22 additional funds from towns; and the housing access coordinator is funded by all the entities. 23 Commissioner Price referred to page 240 - performance measures for 20-21 housing 24 rehab — and said there are currently 24 units, but there are zero listed for this coming year. 25 Emila Sutton said she would get this information to the BOCC. 26 Commissioner Price asked if the current need for veterans in Orange County could 27 be identified. 28 Emila Sutton said she will ask Corey Root this question. 29 Travis Myren said the metric Commissioner Price was looking at was in the HOME 30 program, and not the single-family rehab program, and those projects are awarded through 31 the HOME consortium program. He resumed the PowerPoint presentation: 32 33 Human Rights and Relations — page 253 34 Annette Moore, Human Rights and Relations Director, in attendance 35 • Total Expenditure Budget - $444,427 36 o Increase of$89,218 37 • Education Program Manager Transferred from Health Department - 38 $89,213 39 o Focus on Support to Refugee Communities 40 41 Library Services — page 260 42 Lucinda Munger, Library Services Director, in attendance 43 • Total expenditure budget - $2,483,318 44 o Net Reduction of ($14,095) 45 • Child Literacy Outreach Librarian 46 o Increase County Match - $16,000 47 o Offset by Expenditure Reductions 48 o Loss of Orange County Partnership for Young Children Grant 49 (0.35 FTE) 50 9 1 Library Services — page 260-Visits to Main Library- graph 2 3 Human Services-Visits to Carrboro Library Resources- graph 4 5 Orange County Southern Branch Library - $400,000 6 CIP Page 40 7 o Carrboro Partnership and Development Agreement 8 o 203 South Greensboro Street 9 o Next Decision Point - Guaranteed Maximum Price in May 2021 10 o If Project Proceeds - Construction Complete in June/July 2022 11 FY2020-21 Additional Design Services 12 o Reprogram Space Designated for the Arts Center 13 o Design Space for Skills Development 14 Total Project Construction Budget + Contingencies — 15 o $15.6 million Programmed in FY2021-22 16 17 Commissioner Price said the library gave out hotspots to employees, and asked if 18 these have been replenished at the library. 19 Lucinda Munger said the employee need was not as great as expected, but since the 20 Library is not taking back returns at this point, those that originally had the hotspots, prior to 21 pandemic, still have them. 22 Commissioner Price said Covid-19 was an unexpected emergency, and given that 23 staff needed library hotspots, does it make sense to have more of them for County 24 departments to use, and thus not need to take from the library's supply. 25 Lucinda Munger said there are about 650 hotspots, and the hotspot does not cost 26 anything, but rather the subscription is the cost to the County. She said the subscription can 27 be about $460-$500/hotspot. 28 Travis Myren said staff can look into this topic tomorrow. He resumed the 29 PowerPoint presentation: 30 31 Social Services — page 335 32 Nancy Coston, Department Social Services (DSS) Director, in attendance 33 • Total expenditure budget - $21,351,429 34 o Total Increase of$188,883 as Noted Below 35 • Temporary Personnel - $14,662 36 o Scan Child Welfare Case Files 37 • Mileage and Contract Services - $79,544 38 o Increased Costs to Comply with State Mandates 39 • Emergency Assistance Payments - $50,000 40 o OCIM and IFC Administered Payments (Housing, Utilities, Food) 41 • Recurring Capital - $25,000 42 o Technology Purchases (50% Reimbursement) 43 • Outside Agencies Transferred to DSS for Contract Administration 44 o No Net Budget Impact 45 o Interfaith Council - $127,000 46 o Orange Congregations in Mission - $92,415 47 o Exchange Club —$13,464 48 49 Social Services — page 335- Households Receiving Food and Nutrition Monthly 50 Average 10 1 2 Social Services — page 335-FNS Applications Processed in 25 days- 95% state goal 3 4 Social Services — page 335- Medicaid Recipients Monthly Average 5 6 Social Services — page 335- Medicaid Applications Processed within Time Standard - 7 90% State goal 8 9 Social Services — page 335 10 • Children and Family Services 11 . Economic Services 12 . Subsidy 13 14 15 Commissioner Marcoplos asked if the function of the Exchange Club could be 16 described. 17 Nancy Coston said the Exchange Club has a child abuse prevention component, and 18 provides the County with in home services. 19 Commissioner Dorosin said about 740 children were served per month, for child care 20 subsidies, and asked if there is still a waiting list. 21 Nancy Coston said the waiting list was cleared just before Covid-19 hit, but some 22 families have been unwilling to utilize the service. She said the childcare program has been 23 impacted greatly, and there are still unknowns. She said 693 kids are being served today, 24 and there is room for some more. 25 Commissioner Price asked if DSS has seen any changes in foster care. 26 Nancy Coston said child welfare in general has been very challenging during Covid- 27 19. She said everything has been done virtually these past two months, but at some point 28 face to face will be necessary, especially with younger children. She said adult care 29 services have also been hit hard. 30 Commissioner Greene thanked Nancy Coston and her staff for doing such a great job 31 during this pandemic. 32 Travis Myren resumed the PowerPoint presentation: 33 34 Human Services 35 • Non-Departmental — page 275 36 o Total Expenditures - $1,585,918 37 o Consistent with Outside Agency Recommendations 38 • Community Centers 39 o No Change from FY2019-20 40 ■ Rogers Road Community Center Total $88,377 41 ■ Cedar Grove Community Center Total $91,347 42 ■ Efland Cheeks Community Center Total $89,351 43 44 Community Services 45 Animal Services — page 56 46 Bob Marotto in attendance 47 • Total expenditure budget - $2,325,362 48 o Reduction of ($17,038) 49 o Recurring Capital - $6,024 Offset by Expenditure Reductions 50 0 Spay/Neuter Fund - $82,350 11 1 o No County Cost 2 Recommended Fee Changes- 3 4 5 Commissioner Price referred to musical enrichment, and asked if this could be 6 explained. 7 Bob Marotto said a donation was made to outfit the main holding areas with musical 8 sources, and it is well known that there is a high need for enrichment in shelters, and music 9 is one option. He said it is not just music, but also sounds, and human voices. 10 Commissioner Bedford asked if Animal Services will be doing the barn cat program 11 this summer. 12 Bob Marotto said they are hoping to. He said the department suspended it's spay 13 and neuter programs, due to the pandemic. He said this program for in house animals, as 14 well the barn cat program, have just started to resume. 15 Travis Myren resumed the PowerPoint presentation: 16 17 Cooperative Extension — page 104 18 Tyrone Fisher in attendance 19 • Total expenditure budget - $398,902 20 o Net County Costs Decreased — ($1,500) due to Staff Turnover 21 • Salary/Benefit Costs Consistent with State Pay Plan 22 • No Significant Budget Changes 23 24 Department of Environment, Agriculture, Parks and Recreation (DEAPR) — page 128 25 David Stancil, DEAPR Director, in attendance 26 • Total expenditure budget - $4,056,712 27 o Net Increase of$30,691 28 • Decreased Revenue from Donations and Sponsorships - $14,000 29 • Seasonal Staff Increase at Blackwood Farm Park - $16,000 30 • Spanish Language Recreation Materials - $8,346 31 o Funded Through Reallocation 32 33 34 Department of Environment, Agriculture, Parks and Recreation — page 128 35 Natural & Cultural Resources 36 37 Commissioner Dorosin said he heard today that all summer camp programs have 38 been canceled, and asked if that is a loss of revenue. 39 David Stancil said the revenue for camps typically comes in from February to June, 40 and DEAPR has adjusted for that loss in the budget. 41 Commissioner Dorosin referred to page 128 and the Total expenditure budget of 42 $4,056,712, with a net increase of$30,691. He asked if the comparative point could be 43 identified. 44 Travis Myren said he took the base budget as it stood, after personnel adjustments, 45 and anything new that was added or reduces since then. 46 Commissioner Dorosin said he understands this intellectually, but he said this 47 document and presentation are available publically, and he wonders if there is a better way 48 to communicate all of this. 49 Travis Myren said he used to do a budget elsewhere that had a column with a base 50 budget, and that may be what staff does in the future. 12 1 Commissioner Price referred to the closing of the summer camps, and asked if youth 2 are usually hired, and if so what types of impact will this be. 3 David Stancil said yes, and this will be part of the cost avoidance as a result of camps 4 not happening. He said many have taken on other work elsewhere. 5 Travis Myren resumed the PowerPoint presentation: 6 7 Sportsplex— page 358 8 John Stock, Sportsplex Director, in attendance 9 • Total Expenditure Budget $3,796,991 10 o No Net County Costs 11 • Includes Debt Service - $723,852 12 • Revenue Projected Down 5.6% — ($228,663) 13 14 Sportsplex Projects - $922,000 15 o CIP Page 92 16 o Roof Replacement - $510,000 17 o Heating, Ventilation, and Air Conditioning - $50,000 18 o Fitness Equipment Replacements - $100,000 19 o Ice Rink Dehumidification Unit - $160,000 20 o Storage Facility - $75,000 21 o Handicap Pool Lift - $12,000 22 o Pool Robotic Vacuums - $15,000 23 24 FY2020-21 Recommended Sportsplex Projects 25 26 Commissioner Bedford asked if there is a possibility of opening the pool. 27 John Stock said yes, the pool will open on June 1st with limited capacity and extra 28 cleanings. He said dressing rooms will still remain closed. 29 John Stock said the Sportsplex is a competitive business, and he has found that 30 many competitors are trying to find loopholes in the Executive Order, but he is going to 31 maintain tight observation of the County's directives. He said the Sportsplex will probably 32 lose some programming, but it is cutting some expenditure. 33 Travis Myren resumed the PowerPoint presentation: 34 35 Economic Development (ED) — page 143 36 Steve Brantley, Economic Development Director, in attendance 37 Total expenditure budget - $516,212 38 o Reduction of ($9,681) 39 o Offsetting Transfer from Article 46 Sales Tax 40 41 Grant Activity History - graph 42 43 Chapel Hill Orange County Visitors Bureau — page 143 44 Laurie Paolicelli, Visitors Bureau Director, in attendance 45 Total expenditure budget - $1,415,126 — offset by occupancy tax 46 o FY2019-20 Projection Reduced by 15% Compared to FY2018- 47 19 (244,463) 48 o FY2020-21 Budget Reduced by of 13% Compared to New 49 Projection ($180,503) 50 13 1 Commissioner Marcoplos asked if this crisis has affected the ED projects that have 2 been approved for Orange County. 3 Steve Brantley said there were 4 ED announcements last year: 1.) ABB is on 4 schedule; 2.) Medline project site work going on, and is a bit behind, but they are moving 5 forward; 3.) Piedmont Metal Working is on schedule; and 4.) the medical company downtown 6 in Chapel Hill is on a delay. He said the inquiries from the state dipped the last two months, 7 but are picking up again. He said his department is very concerned about small businesses, 8 and he thanked the Orange County Board of Commissioners for the first round of small 9 business grants and loans. 10 Travis Myren resumed the PowerPoint presentation: 11 12 Article 46 Sales Tax— page 64 13 • Total projected collections - $3,885,168 14 o 4.5% Decrease from FY2019-20 Budget 15 • 50% or $1,942,584 Allocated to Schools and Distributed by Average 16 Daily Membership (ADM) 17 o Chapel Hill-Carrboro City Schools - $1,168,270 for Technology 18 o Orange County Schools - $744,314 for Technology 19 20 Article 46 Sales Tax— page 64-chart 21 • 50% allocated to Economic Development - $1,942,584 22 23 Commissioner McKee asked if there is a reason that the small business loan pool 24 does not need more money. 25 Travis Myren said there has been a lack of applications. 26 Commissioner Price asked if the loan pool balance could be identified. 27 Gary Donaldson, Chief Financial Officer, said it is $510,000. 28 Commissioner Price asked if these funds could be reallocated to the grant program. 29 Travis Myren said the BOCC will see a proposal in the June 2nd agenda packet. 30 Commissioner Price asked if more information could be given about the —$266,000 31 for incentives. 32 Travis Myren said there will not be enough to cover all the incentives, but this will be a 33 start to offset what would otherwise come from the general fund. He resumed the 34 PowerPoint presentation: 35 36 Orange County Transportation Services — page 295- 37 Theo Letman, Transportation Director, in attendance 38 Total expenditure budget - $3,257,048 39 o Net County Costs Increase by $541,089 40 o Revenue Reduction of$677,392 from FY2019-20 Budget 41 Partially Offset by Expenditure Reductions 42 o Use Budget Amendment Process in Future for Less Than 43 Certain Revenue 44 45 Vehicle Replacement Recommendations — Purchase 46 -CIP Page 48 47 48 Commissioner Marcoplos asked if the electric buses are for on demand services, 49 Theo Letman said no, these are for circulator service, and were paid for via grant 50 funding. 14 1 Commissioner Price referred to page 296, and asked if this increase 2019-20 is from 2 grant funds. 3 Theo Letman said yes. 4 Commissioner Marcoplos asked if there are mask dispensers on the buses. 5 Theo Letman said masks are being distributed in plastic bags. He said there is also 6 hand sanitizer available. 7 Commissioner Price asked if riders are required to wear masks on the buses. 8 Chair Rich said no, but it is recommended. 9 Travis Myren resumed the PowerPoint presentation: 10 11 Planning and Inspections — page 310 12 Craig Benedict in attendance 13 Total expenditure budget - $3,174,530 14 o Net Increase of$21,923 due to Revenue Reductions 15 o Revenue Decrease of$61,425 Due to Anticipated Reductions 16 in Building Activity 17 18 Planning and Inspections — page 310-chart 19 Lake Orange Dam Remediation - $150,000 20 -Page 36 CIP 21 -2018 Department of Environmental Quality Inspection 22 -Deficiencies Documented — Long Term Repair Plan Created 23 -Total Estimated Cost of$2.76 million Over Next Five Years 24 -FY2020-21 Projects: Repair Existing Erosion Control Barrier 25 26 27 Solid Waste — page 350 28 Robert Williams in attendance 29 • Total Expenditure Budget - $11,617,884 30 o Solid Waste Fund Appropriated Fund Balance - $1,276,244 31 o Solid Waste Fund Contribution to General Fund - $475,000 32 • Solid Waste Projected FY2020-21 Fund Balance - $5.3 million 33 • Maintain Current Solid Waste Program Fee @ $142 and $94.72 for 34 Mebane Residents 35 36 Solid Waste — page 350 37 Recommended Fee Changes 38 39 Solid Waste Projects 40 • CIP Page 82 41 • Construction & Demolition Landfill Equipment Replacement 42 o Replace Holland Tractor- $100,000 43 • Comprehensive Solid Waste Management Plan - $125,000 44 o Continuation of Plan Initiated in FY2019-20 45 o Real Estate Master Plan 46 o Recommend Future Development 47 • Construction & Demolition Landfill Expansion - $125,000 48 o 2.2 Years of Useful Life Remaining on Phase 1 49 o Engineering and Design Services for Phase 2 50 o Phase 2 Adds 14.2 Years of Useful Life 15 1 2 FY2020-21 Recommended Solid Waste Projects 3 Solid Waste Projects 4 -CIP Page 82 5 High Rock Neighborhood Waste & Recycling Center - $765,000 6 o Continuation of Modernization Project - $1.44 million Total Investment 7 o First Neighborhood Center- Bulky Materials, Metal, Yard Waste, Tires, 8 Textiles, Clean Wood, Cooking Oil and Food Waste, etc. 9 o Property Lease Under Negotiation 10 ■ Lease Expires June of 2022 11 o Open in September 2021 12 13 Solid Waste Projects 14 CIP Page 82 15 • Sanitation Operations Vehicle/Equipment Replacements - $260,952 16 o Replace Hook Lift Truck - $260,952 17 • Staff Recommended Amendment 18 o Defer Recycling Operations Vehicle/Equipment Replacements - 19 $570,800 to Year 2 20 Solid Waste 21 Non-Departmental — page 267 22 Total expenditure budget - $468,376 23 24 Commissioner Dorosin referred to the C&D Landfill slide (photo), and asked what is 25 currently located in the area where the expansion will go. 26 Robert Williams said nothing is really there now. He said there is 22 to 23 years of 27 life in the phase two section, and some traffic rerouting would be required. He said in about 28 25 years, phase 3, the recycling building facilities will have to be relocated. 29 Commissioner Dorosin clarified that there are 2.2 years left in phase one. 30 Robert Williams said there is just over a year left in the operating phase of the current 31 C&D landfill. 32 Commissioner Dorosin asked if the area marked for expansion is divided somehow 33 between phases 2 and 3. 34 Robert Williams said it is roughly divided into northern and southern sections. He 35 said adjustments will be made to accommodate various parts of the phases. 36 Commissioner Price asked Craig Benedict if there are any new developments 37 anticipated. 38 Craig Benedict said yes, one of the ED projects would be coming forward over the 39 next 3-4 months. He said staff is looking as to how to modify outreach. 40 Commissioner Price asked if there is anything upcoming on the residential side. 41 Craig Benedict said no. 42 Commissioner Price asked if the County is currently paying for consultant work on the 43 Eno Economic Development District (EDD). 44 Craig Benedict some money had been spent, and there is some development activity 45 in this area that is awaiting finished design work. He said Durham has asked Orange County 46 to be the primary manager of the engineering work, and, as such, this contract is being 47 updated. 48 Commissioner Dorosin said the BOCC has 4 meetings left, and asked if the BOCC 49 will vote on the amendments at a particular meeting. 50 Travis Myren said at the June 9t"meeting. 16 1 Paul Laughton, Financial and Administrative Services, said they would leave the June 2 9th meeting with the Resolution of Intent. 3 Bonnie Hammersley said all amendments must be in by June 4t", prior to that 4 evening's budget public hearing. 5 Commissioner Dorosin asked if changes to the CIP, such as the morgue, are going to 6 be put in as amendments by the staff, or should Commissioners submit them. 7 Travis Myren said all amendments are listed online as staff receives them, and staff 8 will consolidate any duplicate amendments. 9 10 ADJOURN 11 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to 12 adjourn the meeting at 9:26 p.m. 13 14 VOTE: UNANIMOUS 15 16 17 Penny Rich, Chair 18 19 20 Donna S. Baker 21 Clerk to the Board 22 23 Submitted for approval by David Hunt, Deputy Clerk to the Board. 24 1 2 3 Attachment 2 4 5 DRAFT MINUTES 6 ORANGE COUNTY 7 BOARD OF COMMISSIONERS 8 VIRTUAL BUSINESS MEETING 9 JUNE 2, 2020 10 7:00 p.m. 11 12 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, 13 June 2, 2020 at 7:00 p.m. 14 15 COUNTY COMMISSIONERS PRESENT: Chair Rich and Commissioners Jamezetta Bedford, 16 Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price 17 COUNTY COMMISSIONERS ABSENT: 18 COUNTY ATTORNEYS PRESENT: John Roberts 19 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 20 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified 21 appropriately below) 22 23 Chair Rich called the meeting to order at 7:00 p.m. 24 25 Due to current public health concerns, the Board of Commissioners conducted a Virtual 26 Business meeting on June 2, 2020. Members of the Board of Commissioners participated in the 27 meeting remotely. As in prior meetings, members of the public were able to view and listen to 28 the meeting via live streaming video at orangecountync.gov/967/Meeting-Videos and on 29 Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). 30 31 In this new virtual process, there are two methods for public comment. 32 . Written submittals by email 33 • Speaking during the virtual meeting 34 35 Detailed public comment instructions for each method are provided at the bottom of this 36 agenda. (Pre-registration is required.) 37 38 39 1. Additions or Changes to the Agenda 40 41 Commissioner Price said she would like to add a moment of silence. 42 Chair Rich suggested having it in conjunction with the Resolution below- proposed item 43 4-a: 44 45 ADD Resolution at Item 4-a: 46 A RESOLUTION DENOUNCING THE MURDER OF GEORGE FLOYD AND ADDRESSING 47 THE HEALTH DIRECTOR'S DECLARATION OF STRUCTURAL RACISM AS A "PUBLIC 48 HEALTH CRISIS" IN ORANGE COUNTY 49 50 A motion was made by Commissioner Price, seconded by Commissioner Greene to add 51 this Resolution as Item 4-a to tonight's agenda. 1 2 VOTE: UNANIMOUS 3 4 PUBLIC CHARGE 5 The Chair acknowledged the public charge. 6 7 8 2. Public Comments 9 10 a. Matters not on the Printed Agenda 11 NONE 12 13 14 b. Matters on the Printed Agenda 15 (These matters will be considered when the Board addresses that item on the agenda 16 below.) 17 18 3. Announcements, Petitions and Comments by Board Members 19 Commissioner Greene said she will forward a PowerPoint presentation to the Board, 20 from Triangle J Council of Governments (TJCOG), made by an RDU representative. 21 Commissioner Bedford said the Partnership for Young Children will instruct daycares to 22 openly carefully and safely. 23 Commissioner Marcoplos said he had no comments. 24 Commissioner Price petitioned that public transit riders be required to wear masks, 25 since a large majority of the drivers are African-American, who are a vulnerable population. 26 Commissioner Dorosin said he heard that UNC was no longer capturing methane gas 27 from the old landfill site. He asked if the Board of County Commissioners (BOCC) could get 28 more information about that, and, if this is no longer happening, what are the ramifications 29 ecologically and financially. 30 Commissioner McKee said he had no comments. 31 Chair Rich said there was a Covid meeting this morning, and there is an uptick in cases 32 in Orange County, but no more deaths. She said this past weekend the health department 33 heard there was a trend, and therefore they are out tracking this. 34 Chair Rich said the County is slowly moving into a recovery plan, and a consultant is 35 being hired for this process. 36 Commissioner McKee asked if the increase in cases is due to an increase in testing. 37 Chair Rich said she has not read the meeting notes yet, and she will get that 38 information and let him know as soon as possible. 39 40 4. Proclamations/ Resolutions/ Special Presentations 41 42 Item 4a-ADDED TO AGENDA (no abstract) 43 44 Commissioner Price said the moment of silence is for those who have died due to racial 45 violence. 46 47 Moment of Silence. 48 49 Chair Rich said Annette Moore, Human Rights and Relations Director, wrote this 50 resolution in the last day, and did not have time to write an abstract, but the resolution speaks 51 for itself. I Annette Moore said Martin Luther King, Jr. emphasized non-violent efforts towards racial 2 equity, but said a failure to address racism is violence in and of itself. She said the plight of the 3 black American has worsened in recent years, and riots are the voice of the unheard. She said 4 social justice and progress are the absolute guarantee of riot prevention, and society must 5 consider how it has failed, and how it can move forward. She said people need to consider 6 their blind spots and be introspective. She said change will not be easy or pain free, but we 7 must be serious about undoing racism. 8 Annette Moore said the resolution is a plan to move forward, and she read the 9 resolution: 10 11 A RESOLUTION DENOUNCING THE MURDER OF GEORGE FLOYD AND ADDRESSING 12 THE HEALTH DIRECTOR'S DECLARATION OF STRUCTURAL RACISM AS A "PUBLIC 13 HEALTH CRISIS" IN ORANGE OUNTY 14 15 Whereas, in July 2014, a Black man, Eric Garner, alleged to have committed a petty crime, had 16 a police officer place his arm across his neck, was wrestled to the ground and, with a number of 17 police officer restraining him, cried out eleven times, "I can't breathe" while lying face down on 18 the sidewalk before losing consciousness without assistance for seven minutes; and 19 20 Whereas, in May 2020, a Black man, George Floyd, alleged to have a counterfeit $20 bill in his 21 possession was dragged from his car by a police officer, handcuffed, and put face down on the 22 street with the officer's knee in his neck as he called out, "I can't breathe", and as his neck and 23 back sustained pressure over a period of more than eight minutes, the last two minutes and 53 24 seconds of which he was unresponsive, oxygen was cut off to his brain as he slowly 25 asphyxiated; and 26 27 Whereas, the Mapping Police Violence Project found that although Black people were only 13% 28 of the population in the United States, they represented 24% of the people killed by law 29 enforcement and were three times more likely to be killed by police than white people (and 30 Hispanic people were 3.8 times more likely to be killed); and 31 32 Whereas, the Mapping Police Violence Project also found that 99% of the killings by police 33 officers did not result in the officer being charged with a crime because in many cases police 34 officers have "qualified immunity"; and 35 36 Whereas, Black people have been killed across this country in cases that have come to public 37 attention they have been shot and killed for doing the ordinary things of life that have resulted in 38 their harassment, detention, restraint and even death where the perpetrators where not held 39 accountable, including the deaths of 12 year old Tamir Rice, killed by a police while playing at a 40 playground near his home; teenage Trayvon Martin, shot and killed while walking home with a 41 bag of Skittles; school cafeteria worker Philando Castile, killed during a police stop while a 42 passenger in the car with his girlfriend and 4-year old daughter; Sandra Bland, jailed for an 43 alleged unsafe lane change and then later found hanging in her jail cell; EMT Breonna Taylor, 44 shot 8 times after police wrongly barged into her apartment; Atatiana Jefferson, killed while 45 babysitting her nephew at her mother's house; accountant Botham Jean, killed while sitting in 46 his living room watching television and eating ice cream; Freddie Gray, died while unrestrained 47 and helpless in the back of a police van; and Ahmaud Arbery, shot and killed while jogging 48 down a neighborhood street; and 49 50 Whereas, a 2018 Study found that police killings of unarmed Black Americans has had an 51 adverse effect on the mental health of Black Americans in the general population as shown by I the death of Erica Garner, daughter of Eric Garner, who fought unsuccessfully to hold police 2 responsible for her father's death, died of a heart attack at the age of 27;' 3 4 Whereas, the Centers of Disease Controls (CDC) has identified, "discrimination" as a social 5 determinant of health, "which can be understood as a social stressor that has a physiological 6 effect on individuals that can be compounded over time and can lead to long-term negative 7 health outcomes"; and 8 9 Whereas, the CDC has found that the health differences between racial and ethnic groups are 10 often due to economic and social conditions such as where people live, learn, work and play as 11 well as access to health contribute to the adverse health conditions that disproportionately 12 impact diseases, such as COVID-19, have on the African American community as well as other 13 communities of color; and 14 15 Whereas, these social and economic conditions have their roots in structural discrimination, or 16 "racial bias among interlocking institutions and across society, causing cumulative and 17 compounding effects that systematically advantage white people and disadvantage people of 18 color.,2 19 20 Whereas, Orange County Public Health Director Quintana Stewart has declared, "Structural 21 Racism as a Public Health Crisis in Orange County," stating it creates a "cycle of injustice 22 against people of color leading to trauma which ultimately affects health." 23 24 Now, therefore, we, the Orange County Board of Commissioners do hereby resolve to do the 25 following: 26 27 1. Publicly denounce the egregious actions or inactions of the police officers in 28 Minneapolis that resulted in the death of George Floyd and stand with the North 29 Carolina Sheriffs and Chiefs of Police Associations as they support Chief Medaria 30 Arradondo's termination of the officers and their belief that law officers who violate 31 laws or policy should be held accountable for their actions. 32 33 2. Commit to dismantling structural and institutional racism in Orange County 34 government and throughout Orange County. We direct the Department of Human 35 Rights and Relations to lead the One Orange Racial Equity Team in developing a 36 Racial Equity Plan using the Government Alliance on Race and Equity Model and 37 bring a first draft of the plan back to the Board in September 2020. The Plan should 38 include: 39 40 a. Building internal organizational infrastructure by inviting a diverse array of 41 stakeholders to collaborate toward a shared vision of equity. Jacob Bor, S. A. (July 28, 2018). Police Killings and their Spillover Effect on the Mental Health of Black Americans: A Populations-Based, Quasi-Experimental Study. The Lancet, Volume 392, Issue 10144, Page 302-310. z Advancing Racial Equity& Transforming Government A Resource Guide to Put Ideals Into Action, Government Alliance on race and Equity, p. 17. I b. Creating and implementing racial equity tools that mechanize the practice of 2 considering racial impact when making and implementing policy. They should 3 incorporate the following: 4 i. Inclusion and Engagement— Promote racially inclusive collaboration 5 and engagement; 6 ii. Develop a Racial Equity Scorecard - Using Data and Metric to 7 develop strategies to close gaps and track progress; 8 iii. Integrate program and policy strategies — Develop and implement 9 program and policy strategies for eliminating racial inequity; 10 iv. Structural Change— Develop cross-section, cross-jurisdictional 11 partnerships to achieve systematic change; and 12 v. Educate and communicate about racial equity— Educate on racial 13 issues and raise racial awareness. 14 15 c. Using Data and Metrics — Use data to develop strategies to close gaps and 16 track progress over a period. Metrics can be used to align outputs with 17 outcomes across cross-departmental and cross-jurisdictional lines to 18 evaluate community progress on racial equity throughout the County. 19 Develop a Racial Equity Scorecard to track equity metrics across Orange 20 County. 21 d. Partner with Stakeholders, including communities of color, to have a 22 "collective impact" to advance racial equity. Collective impact refers to a 23 commitment of organizations from different sectors to a common agenda for 24 solving a specific social problem. 25 e. Commitment to communicate and act with Urgency—While racial equity is a 26 long term goal, we are committed to prioritizing action with a shared vision, 27 specific priorities and strategic actions and organizing that can lead to 28 change. 29 30 This the 2nd day of June 2020. 31 32 Penny Rich, Chair, Orange County Board of Commissioners 33 34 Commissioner Marcoplos thanked the Human Relations Commission for putting this 35 resolution together. 36 Commissioner Price said it is a shame that all the people that have been killed in recent 37 years could not be listed, because the list is too long. She thanked Annette Moore for writing 38 the resolution. 39 40 A motion was made by Commissioner Price, seconded by Commissioner McKee to 41 approve the Resolution, and direct the Board Chair to sign. 42 43 VOTE: UNANIMOUS 44 45 5. Public Hearings 46 NONE 47 48 6. Regular Agenda 49 50 a. Eviction Diversion Program and Approval of Budget Amendment #9-A 51 52 The Board considered voting to: 1 2 1) approve the development of an Eviction Diversion Program in Orange County; 3 2) approve Budget Amendment#9-A appropriating $187,950 from the Social Justice 4 Reserve for the Program; and 5 3) authorize staff to seek funding for the Eviction Diversion Program from the Towns, 6 and donations from the communities and businesses. 7 8 Annette Moore presented the item, along with Caitlin Fenhagen, Criminal Justice 9 Resource Director, and Emila Sutton, Housing Director: 10 11 BACKGROUND: The COVID-19 Pandemic has had a devastating effect on the global 12 economy. In February 2020, Orange County along with Buncombe County led the state with the 13 lowest unemployment rate of 2.9%. Because of COVID-19, Orange County's unemployment 14 rate in March 2020 increased to 3.4%. With the increase in unemployment, staff have seen an 15 increase in requests for food and housing assistance, particularly in the communities that 16 cannot receive government assistance. The Orange County Housing and Community 17 Development Department (OCHCD) in particular has seen the number of requests for 18 emergency housing assistance through the Housing Displacement Fund more than quadruple 19 in April (table below) and calls to the Housing Helpline (aka Coordinated Entry) have increased 20 sharply from 250 in April to more than 650 in May. The Housing Helpline receives 21 approximately three to five calls per week from residents specifically seeking legal counsel for a 22 housing issue, and this number is rising. Finally, the Clerk of Court's Office has seen a dramatic 23 increase in eviction filings and is adding additional court hearing dates to address this increase. 24 25 Eviction destabilizes the lives of families and has consequences for the entire community. 26 Those most affected by evictions are the most vulnerable populations. Numerous studies show 27 the negative impact of eviction on health, child development and achievement, and well-being.1 28 There is also research showing that preventing eviction can reduce costs to the health care 29 system, lower costs and reduce the burden on shelter and other emergency housing programs, 30 ease the administrative burden on the courts, reduce job loss, reduce negative educational 31 outcomes, and prevent the decline of communities that occurs when people are displaced.2 A 32 2018 study by the Philadelphia Bar Association found that if the City of Philadelphia allocated 33 $3.5 million per year to fund counsel for eligible low-income tenants facing eviction, the city 34 would save $45.2 million per year, a return of$12 for every $1 spent.3 Research also shows 35 that housing assistance, such as that provided through the Risk Mitigation and Housing 36 Displacement Fund, reduces hardship and increases economic opportunity for low-income 37 families.4 The Risk Mitigation and Housing Displacement Fund currently, and the Eviction 38 Diversion Program when in operation, will provide cost savings to the community, help stabilize 39 and preserve the housing market in Orange County5, and most importantly help Orange County 40 residents remain in their homes and avoid the negative impacts of eviction. 41 42 The Departments of Human Rights and Relations and Housing and Community Development 43 have been working toward bringing forward a proposed Eviction Diversion Program to the 44 Board of County Commissioners since last year. In light of the COVID-19 pandemic and its 45 economic impact on the community, there is a critical need for this program now. Eviction 46 diversion programs were started around 2010 to address the number of evictions from the 47 recession. 48 49 The Human Rights and Relations, Housing and Community Development (HCD), and Criminal 50 Justice Resource Departments, along with the Clerk of Court, the Chief Magistrate, Carolina 51 Student Legal Services, NC Pro Bono Resource Center, Orange Chatham Legal Aid, 52 Commissioner Mark Marcoplos and Jamie Paulen met to discuss the impending eviction crisis I and potential solutions. The group determined an eviction diversion program would offer the 2 best solution. The two most pressing issues are: (1) ensuring attorneys are available to meet 3 the demand; and (2) identifying funds to enable tenants to stay in residence once they have 4 demonstrated some financial capacity to meet rental obligations going forward and the landlord 5 has agreed to let the tenant stay. 6 7 The second aspect is currently being addressed by HCD's Risk Mitigation and Housing 8 Displacement (RM-HD) fund in helping to pay for arrears so low-income renters stave off 9 eviction and remain in their housing. In order to meet the first need, legal counsel needs to be 10 made available to tenants facing eviction. In most cases, low-income renters either represent 11 themselves in court, or don't show up for their hearing, most often resulting in an eviction 12 moving forward. Providing legal support and counsel will enhance greatly the existing work of 13 HCD and RM-HD fund in paying arrears and will ensure that tenants remain in housing by 14 having legal representation. The Orange County Eviction Diversion Program would bring 15 together an Orange County temporary employed bi-lingual attorney, Legal Aid of North Carolina 16 ("Legal Aid"), and pro bono attorneys to represent tenants in court and to act as in court 17 mediators to negotiate agreements between tenants and landlords to avoid eviction. County 18 staff is working with the 18th Judicial District Bar and the NC Pro Bono Resource Center to 19 assist with identifying local pro-bono attorneys, including bi-lingual attorneys, to meet additional 20 community needs. Referrals to the program would come through the existing HCD and Orange 21 County Partnership to End Homelessness' Housing Helpline (a.k.a "Coordinated Entry"). Every 22 person who calls into the Housing Helpline goes through a needs assessment that is best 23 practice and evidence based. In addition, outreach offering legal assistance will be made to 24 every individual tenant with a summary ejectment hearing date. 25 26 As noted, HCD staff will use funds the Board has already allocated for rental arrears for this 27 project through the RM-HD Fund (the sub-fund called "Emergency Housing Assistance", 28 formerly "Housing Stabilization Fund"). The Board approved a one-time transfer of funds 29 ($100,000) from the Local Rent Supplement Program into the RM-HD Fund on April 7, 2020. 30 Since that time, approximately forty thousand ($40,000) in emergency housing assistance has 31 been utilized by Orange County residents experiencing a housing crisis through the Housing 32 Helpline (a.k.a. "Coordinated Entry"). 33 34 In FY19-20, over one hundred and fifty seven thousand dollars ($157,000) in assistance has 35 been funded. The table below illustrates the increase in funding since January 2020. There are 36 approximately $35,400* in Emergency Housing Assistance funds remaining, but with new 37 requests coming in every day, this estimate changes daily— and sometimes dramatically. At 38 this time, a large majority of requests are coming from low-income residents who have been out 39 of work due to COVID-19 and business closures. The Urban Institute estimates that more than 40 5,000 Orange County residents lost employment due to COVID-19, and most of those jobs are 41 in the food service, retail, and accommodation industries6, which make up a significant portion 42 of the County's economic base.7 43 44 6 Urban Institute (2020, April 24). Where Low-Income Jobs Are Being Lost to COVID-19. 45 https://www.urban.org/features/where-low-income-jobs-are-being-lost-covid-19 46 7 Orange County Consolidated Plan. Market Analysis (MA-45): Non-Housing Community 47 Development Assets. http://orangecountync.gov/DocumentCenter/View/10806/Orange-County- 48 NC-Consolidated-Plan-Final-Draft?bidld= 49 Current Emergency Housing Assistance fund criteria is as follows. Full policies can be found 50 here: https://www.orangecountync.gov/2359/Risk-Mitigation-and-Housing-Displacement 51 I Assistance is available to households in Orange County that (1) earn no more than 60% of the 2 area median income (AMI)*, (2) can demonstrate urgent need for housing assistance, and (3) 3 do not have adequate savings to cover their housing costs. 4 5 To be referred for assistance, households must either: 6 • Be assessed through Coordinated Entry as at risk of or currently experiencing 7 homelessness and who have identified safe, decent, and affordable housing OR 8 • Referred by various Orange County Departments and local service providers (e.g., 9 Aging, Health/Family Success Alliance, Criminal Justice Resource and Social Services, 10 Community Empowerment Fund, Interfaith Council, Compass Center, etc.) 11 12 *Preference will be given to applicants earning under 50% of AMI 13 14 The Towns and County streamlined application and policies in April so that all Orange County 15 residents can be assessed through the Housing Helpline process, which uses a research-based 16 Coordinated Assessment process to connect people with community resources. One of these 17 resources is the Towns' and County's Emergency Housing Assistance. Hillsborough, Chapel 18 Hill, and Carrboro each have funds for emergency housing assistance. Prior to the coordination 19 of these funds, access to the separate funds was not systematized, resident requests were not 20 tracked across the County/system, and eligibility for each fund was disparate. Now, there is a 21 coordinated intake system for requests and eligibility criteria are streamlined. Before 22 streamlining, there were instances of residents not being eligible for Town funds living in the 23 Towns'jurisdictions, so the County would cover these costs. OCHCD has established a 24 reimbursement process with the Towns for eligible costs incurred from residents residing within 25 the respective Town's jurisdiction. The amount incurred from each jurisdiction is recorded and 26 tracked. This has been a fully collaborative effort between Town and County staff with the goal 27 of lowering barriers and increasing access to emergency housing assistance funds. 28 29 The fund offers one-time assistance per household, and there is a funding maximum of $2,000 30 per household. The average amount of assistance the fund provides is $1,297, so the additional 31 $130k allocation could serve approximately 100 people. Thus far, OCHCD has only had one 32 person to request assistance for a second time. However, this could become more common as 33 issues with affordability and job security are ongoing. While the emergency housing assistance 34 can keep someone from eviction for now, that person may not be able to afford their dwelling 35 six months from now depending on employment, rent stability of the current housing, and other 36 factors. However, keeping an eviction off someone's record is a powerful way to help them 37 access housing in the future, as an eviction record can bar people from housing for years into 38 the future. 39 40 The need for ongoing flexible housing assistance is great. Based on the current data on cost- 41 burdened renters, there are more than 12,000 Orange County residents in need of rental 42 subsidy to keep their income to rent ratio affordable. 43 44 OCHCD, in partnership with the Orange County Partnership to End Homelessness (and 45 through initial staffing support from DSS), is providing case management to eligible Orange 46 County residents in need of ongoing rent assistance through the County's Housing Help Rapid 47 Re-Housing program, which provides rent assistance and case management for roughly 20-25 48 Orange County residents. OCHCD is also leveraging the Housing Choice Voucher program by 49 implementing existing Orange County Housing Authority preferences for people experiencing 50 homelessness and people impacted by natural disaster (to include the pandemic) to obtain 51 longer term rent assistance through a Housing Choice Voucher. This month OCHCD began 52 mailing HCV applications to people meeting the preference definitions with the goal of issuing 1 75-130 additional vouchers in 2020. All of these programs will work in tandem with the Eviction 2 Diversion Program to help address the growing need, exacerbated by this pandemic, for 3 affordable housing in the County. 4 5 There are additional potential CARES Act allocations that can help replenish the fund to include 6 Emergency Solutions Grant funding and Community Development Block Grant funding from the 7 Town of Chapel Hill. The County Manager recommended to the Board CARES Act funds 8 allocations for housing resources as follows 10 $42,950 Eviction Diversion Temporary Legal Assistance $50,000 Housing Voucher Incentives $50,000 Short Term Rental Assistance $100,000 Risk Mitigation and Housing Stabilization fund $100,000 Foreclosure Prevention 1 2 The Personal Responsibility And Work Opportunity Act of 1996 ("PRWORA") (8 U.S.C. § 3 1621(b)(2)) precludes nonimmigrants and undocumented immigrants from receiving federal 4 public benefits. These classifications of immigrants are eligible for public health benefits, 5 emergency services, and program identified by the United States Attorney General as 6 necessary for the protection of life and safety. An exception to the PRWORA nonimmigrants 7 and undocumented immigrants is for "short term, non-cash, in-kind emergency disaster relief." 8 Nonimmigrants and undocumented immigrants would be eligible for the eviction diversion 9 programs legal resources under this exception. PRWORA prevented federal CARES Act from 10 providing benefits to nonimmigrants and undocumented immigrants. Nonimmigrants and 11 undocumented immigrants who pay taxes, using an individual taxpayer identification number 12 ("ITIN") instead of a social security number, did not receive stimulus funds nor did they receive 13 unemployment benefits. However, HUD has provided guidance that under the "protection of life 14 and safety" exception Rapid Re-Housing funds are not subject to PRWORA Immigration-based 15 restrictions. So any funds received for Rapid Re-housing could be used for nonimmigrants and 16 undocumented immigrants. However, consideration must be given to providing Rapid Re- 17 housing funds to undocumented immigrants seeking to obtain citizenship when it is not known 18 the affect receipt of those funds may have on the Public Charge Test. 19 20 Staff is requesting the following: 21 1. An allocation of Social Justice Reserve funds to finance the Eviction Diversion Program — 22 Funds allocated would pay for 50% of a one-year salary and benefits for a temporary bi- 23 lingual attorney, trained in eviction diversion and pro bono legal services. (The other half 24 of the salary and benefits would be paid by the CARES funds.) The attorney would not 25 only assist with development the program, training of pro bono attorneys and case 26 management, but also would perform bi-lingual legal services for the Eviction Diversion 27 Program and mediation of Housing Helpline calls prior to residents reaching court 28 proceedings. The hiring of a temporary bi-lingual attorney trained in eviction diversion 29 would overcome the obstacle of not only Legal Aid's income limit threshold but also its 30 inability to serve undocumented persons. 31 2. An allocation of the Social Justice Reserve funds to the Risk Mitigation and Housing 32 Displacement Fund to pay rent and mortgage arrears to assist nonimmigrants and 33 undocumented immigrants and continue to prevent eviction and foreclosure. 34 3. An allocation of Social Justice Funds to Legal Aid of North Carolina for surge assistance 35 with eviction cases and to assist with mediation in court proceedings. 36 4. Authorization to seek funding from the Towns, and donations from community residents 37 and businesses to fund this Program —While the Towns have their own emergency 38 housing assistance funds that are streamlined with the County's emergency housing 39 assistance fund to follow the same referral and application process, additional funds will 40 be requested specifically to provide support to the Eviction Diversion Program. Donations 11 1 from the private sector as well as from community residents could also help bolster 2 existing resources and services provided through this program. 3 4 County staff is currently solidifying the details of this program. However, on June 1, 2020 when 5 the Courts open, staff would like to have the resources in place to get started assisting people. 6 Currently, there are about 90 evictions pending. OCHCD has already reached out to the tenants 7 and landlords to try and avoid those evictions. Staff is receiving more calls each day, and with 8 this program, the County can begin to allay some County residents' fears of eviction. 9 10 FINANCIAL IMPACT: Budget Amendment#9-A provides for the appropriation of$187,950 in 11 available Social Justice Reserve funds in the following manner: 12 • Forty-Two Thousand Nine Hundred Fifty dollars ($42,950) for Temporary Employment 13 for a full time staff attorney to provide legal and case management services; 14 • One Hundred Thirty Thousand dollars ($130,000) for the Risk Mitigation and Housing 15 Displacement Fund, and 16 • Fifteen Thousand dollars ($15,000) for Legal Aid of North Carolina to increase 17 assistance during surge of cases. 18 19 With this appropriation, there would be $12,050 funds remaining in the Social Justice Reserve 20 for FY 2019-20 21 22 Annette Moore made the following PowerPoint presentation: 23 24 Eviction Diversion Program 25 Human Rights and Resources Department-Annette Moore 26 Criminal Justice Resource Department- Caitlin Fenhagen 27 Housing and Community Development Department-Emila Sutton 28 29 Background 30 • Due to COVID-19, calls to the Housing Helpline are up from 250 in April to more than 31 650 in May 32 • Requests for OCHCD Emergency Housing Assistance (EHA) have quadrupled 33 • Housing Helpline receives 3-5 calls per week from residents seeking legal counsel for a 34 housing issue 35 • Clerk of Court's Office has seen dramatic increase in eviction filings and is adding 36 additional court hearing dates to address this increase 37 • Studies show that eviction harms health and child outcomes, and that preventing 38 eviction saves costs to health systems and homeless shelters, reduces burden on 39 courts, and improves job and educational outcomes 40 • Research shows that housing assistance (such as EHA) reduces hardship and 41 increases economic opportunity for low-income families 42 • EHA + the Eviction Diversion Program will 43 o Save costs 44 o Stabilize the housing market 45 o Help Orange County residents avoid the negative impacts of eviction 46 47 Greatest Needs 48 Group of local stakeholders convened: Human Rights and Relations, Housing and 49 Community Development, and Criminal Justice Resources Departments; Clerk of Court; 12 1 Chief Magistrate; Carolina Student Legal Services; NC Pro Bono Resource Center; 2 Orange Chatham Legal Aid; Commissioner Mark Marcoplos; Jamie Paulen 3 Determined the two greatest needs are: 4 1.) Ensuring attorneys are available to meet the demand 5 2.) Funds to enable tenants to stay in housing once they have demonstrated 6 financial capacity to pay future rent 7 8 Proposal: Eviction Diversion Program 9 Need#1: Legal counsel for tenants facing eviction 10 • Orange County Eviction Diversion Program would bring together an Orange County 11 temporary employed bi-lingual attorney, Legal Aid of North Carolina, and pro bono 12 attorneys to represent tenants and negotiate agreements between tenants and landlords 13 to avoid eviction 14 • County staff are working with the Orange County Bar Association and the NC Pro Bono 15 Resource Center to identify local pro-bono attorneys, including bi-lingual attorneys, to 16 meet additional community needs 17 • Referrals to the program would come through the Housing Helpline — every person who 18 calls in goes through needs assessment 19 20 Proposal: Funding for EHA 21 Need#2: Funds to stabilize tenants in their housing 22 • Risk Mitigation and Housing Displacement Fund ( "Emergency Housing Assistance" 23 sub-fund, formerly "Housing Stabilization Fund") pays for rent arrears and/or other 24 eligible costs needed to keep tenants in housing 25 • Board approved a one-time transfer of$100,000 from the Local Rent Supplement 26 Program on April 7, 2020 27 • Since then, more than $110,000 in emergency housing assistance has gone to Orange 28 County residents experiencing a housing crisis 29 30 Funding Request Recommendations (chart) 31 32 Recommendations 33 1.) Approve development of Eviction Diversion Program 34 2.) Approve Budget Amendment#9-A appropriating $187,950 from the Social Justice 35 Reserve for the Program 36 3.) Authorize staff to seek funding for the Eviction Diversion Program from the Towns, and 37 donations from the community and businesses 38 39 PUBLIC COMMENT: 40 Jamie Paulen said she sent her Tenant Right's Inc. proposal to Orange County Board of 41 County Commissioners via email. She said Tenant Rights, Inc. proposes to help prevent 42 individuals from becoming unsheltered by working to keep them in the housing in which they 43 currently reside. She said Tenant Rights, Inc. believes that the best place for people to be in 44 this COVID crisis is in the housing that is available. She said it plans to accomplish this by: 45 providing legal representation to individuals who are facing evictions in Orange County; 46 grassroots organizing across apartment complexes; and Lobbying the General Assembly for 47 changes in the law; and legal representation. She said Tenant Rights, Inc. intends to offer legal 48 representation in eviction proceedings to any resident or business operating in Orange County. 49 She said she is the President and General Counsel of Tenant Rights, Inc. (CV attached), and 50 she is a long time Orange County resident and tenant herself. She said she has 10 years of 13 1 experience in landlord/tenant litigation in North Carolina, having represented residential and 2 commercial landlords, residential and commercial tenants, and also spending two years 3 deciding eviction cases as a magistrate in Orange County. She said this experience gives her 4 a unique background to fill the needs of her community members facing evictions in these 5 unprecedented circumstances. She said Tenants Rights, Inc. is uniquely prepared to represent 6 ALL Orange County tenants, regardless of immigration status, income level, or other 7 circumstances. She said Tenants Rights, Inc. also offers grassroots organizing and lobbying 8 along with legal representation. 9 Jamie Paulen said Tenant Rights, Inc. is requesting BOCC funding from the social 10 justice fund in the amount of$40,000 to fund this organization, which is dedicated to Orange 11 County residents first. She said while organizing and lobbying will benefit those beyond 12 Orange County, Tenant Rights will only commit to tenant representation in Orange County, if 13 this proposal was granted. 14 Bonnie Hammersley said the money being requested is from the social justice fund from 15 FY 2019-20. 16 Riley Ruske read the following statement: 17 Trust between the citizens and the government that is supposed to represent them is a very 18 fragile thing. The foundation of that trust is the citizens' belief that their government officials will 19 act in accordance with the laws of the nation and state. In fact, our Commissioners take an 20 oath of office `that I will support and maintain the Constitution and laws of the United States, 21 and the Constitution and laws of North Carolina not inconsistent therewith'. 22 23 When this program proposal entered the public record at the May 19 board meeting it included 24 language that indicated an intent to use this funding in violation of federal laws. One sentence 25 in the first paragraph and an entire second paragraph made this intent clear. Several members 26 of Orange County government are listed as being involved in this proposal and the County 27 Manager recommended approval of it. This raises the issue of whether Orange County 28 government can be trusted to comply with federal laws. The County Manager did remove this 29 proposal from the May 19 agenda after the meeting had started. 30 31 In tonight's proposal, the entire second paragraph has been removed but the sentence in the 32 first paragraph remains. Due to the original expressed intent there is a question as to whether 33 the program will be executed in accordance with federal laws. 34 35 To restore the broken trust created by the original proposal, I recommend adding a new second 36 paragraph as follows: 37 38 "The County Manager, County Chief Financial Officer and the Chair of the Board of Orange 39 County Commissioners shall personally and officially accept responsibility to make certain that 40 no funds in this program are used by any person or entity in violation of federal laws. In the 41 event of any such violations, these officials shall, in their official capacity, request the U.S. 42 Attorney for the Middle District of North Carolina to prosecute the individuals or entities involved 43 in such violations." 44 45 Hopefully, this would begin to restore the broken trust. 46 Thank you. 47 48 Commissioner Dorosin said he is encouraged that this project is coordinated within so 49 many County departments, and with the Towns. He said this is a financially reasonable 50 request. 14 1 Commissioner Dorosin said the Governor has extended the moratorium on evictions 2 (until June 21 sc or 26t", with the exception of utility cut offs), and asked if there is a timeline to 3 get this program up and running. 4 Annette Moore said it is anticipated that the program will be up and running by the end 5 of the month. 6 Commissioner Dorosin referred to the chart that describes how the assistance was 7 spent, and asked if the specific utilities were known. He said there ought to be more pressure 8 placed on utility companies to provide assistance. 9 Annette Moore agreed with putting pressure on utility companies. 10 Commissioner Dorosin said the BOCC may need to take this on, as there is some 11 political pressure that can be leveraged. 12 Commissioner Dorosin said on that same page, there is a breakdown of expenditures, 13 and the bottom category is "foreclosure prevention — generally", and asked if this category is 14 different than the others. 15 Emila Sutton said staff decided it was important to separate out mortgage arrear 16 payments, and this is a dedicated funding source that will help low income home owners pay off 17 their mortgage arrears. She said this is especially important for those who have private 18 mortgages, and do not fall under the protection of the CARES Act. 19 Commissioner Dorosin clarified that this funding is for homeowners. 20 Emila Sutton said yes. 21 Commissioner Dorosin said he really wanted to highlight the strategy of this program 22 taking into consideration that undocumented immigrants can take part. He said these are 23 residents of the community; are friends and neighbors; and provide vital social and economic 24 services to the community 25 Chair Rich said these residents also pay taxes. 26 Commissioner Price referred to the term non-immigrant, and asked if there is a reason 27 why this term is being used. 28 Annette Moore said a non-immigrant is a person with a visa, who is not seeking 29 citizenship. 30 Commissioner Price referred to the one time assistance per household, at a maximum 31 of$2000, and asked if there is a plan in place to help after households use this initial payout. 32 Emila Sutton said in this history of this program, it is rare that people come back to ask 33 for more assistance. She said it did happen twice in the last two weeks. 34 Emila Sutton said staff is trying to create a rental assistance program, for those who 35 may need more long-term help. 36 Commissioner Price said program names keep changing, and she hopes that a name 37 can be chosen and kept. 38 Commissioner Greene said she wanted to highlight the coordinated re-entry program, 39 and the Partnership to End Homeless has done a great deal of work in this area, which is 40 wonderful. She commended the efforts of everyone involved. 41 Commissioner Price asked if landlords have been receptive. 42 Emila Sutton said many people who call for help have not spoken to their landlords. 43 She said staff encourages people to do so, and some landlords have been cooperative, while 44 others have been more difficult. 45 Emila Sutton said the housing help line re-branding was to make people more familiar 46 with the helpline, especially during the pandemic. 47 Commissioner Marcoplos asked if legal aid can work with undocumented people. 48 Annette Moore said no. 49 Commissioner Marcoplos asked if this can be addressed. 50 Annette Moore said this is the reason staff will be hiring their own legal person. 15 1 Chair Rich asked if Bonnie Hammersley could provide the budget for the social justice 2 fund for 2020-21. 3 Bonnie Hammersley said the base budget is $200,000. 4 Chair Rich said there has been some discussion that people want to donate to this fund, 5 and asked if the process to do so can be explained. 6 Annette Moore said staff will add this information to the website. 7 Commissioner Bedford said her concern is that this program will need more funding, if 8 things do not get better. She asked if staff could provide a chart, not just for housing, but also 9 for the food programs, etc. on how funds are being spent. She said she would like to know how 10 much the need continues to expand. 11 Bonnie Hammersley said staff has been tracking every penny being spent on Covid and 12 non-Covid items since February, and if more funding is needed, staff will find it and can come 13 back to the Orange County Board of Commissioners with a proposed budget amendment. 14 15 A motion was made by Commissioner Bedford, seconded by Commissioner Price for the 16 Board to: 17 1) approve the development of an Eviction Diversion Program in Orange County; 18 2) approve Budget Amendment#9-A appropriating $187,950 from the Social Justice 19 Reserve for the Program; and 20 3) authorize staff to seek funding for the Eviction Diversion Program from the Towns, and 21 donations from the communities and businesses. 22 23 VOTE: UNANIMOUS 24 25 Chair Rich said the Health Department had made arrangements to have a Covid-19 26 testing site on Friday, June 51" at the Mt. Zion Church from 1:00 p.m. — 6:00 p.m. 27 28 b. Guidance for Future Climate Action Fund Project Eligibility and Scoring 29 The Board received recommendations from the Climate Mitigation Review Team 30 updating and clarifying the eligibility and scoring for future Climate Action Fund projects; and 31 consider voting to approve the new guidance and provide it to the Orange County Commission 32 for the Environment (CFE) for their use in soliciting and scoring project applications for the 33 FY20-21 round of Climate Action Fund projects. 34 35 BACKGROUND: 36 As part of the FY 2019-20 budget, the Board of Orange County 37 Commissioners authorized an additional '/4 cent property tax to provide an estimated $469,272 38 dedicated to accelerating climate change mitigation through the new Climate Change Mitigation 39 Project in the Capital Investment Plan. Those funds have been awarded to a first round of 40 projects, and the process for soliciting and selecting projects is being refined and clarified with 41 the aim of creating a formal grant program. 42 43 In mid-April, Commissioner Penny Rich asked Commissioners Renee Price, Sally Greene, and 44 Mark Marcoplos to serve as a Climate Action Review Team to review the first year's process 45 and make recommendations to the full Board of Commissioners during the June 2nd Business 46 meeting. Brennan Bouma was designated to serve as supporting staff, and both Steven Arndt 47 and Travis Myren also participated to offer assistance. 48 49 The specific charge for this group was to: 50 1. Review the scoring process put in place by the CFE 16 1 2. Consider modifications 2 3. Make eligibility recommendations to clarify who can apply for the grant 3 4. Confirm the application process 4 5. Make recommendations for the project evaluation process for the CFE to use moving 5 forward 6 7 The Climate Mitigation Review Team conducted three virtual meetings to discuss and agree on 8 the attached guidance document that refines and clarifies the eligibility and scoring for Climate 9 Action Fund grant projects beginning in the FY 2020-21 round. 10 11 The recommended eligibility and scoring criteria will clarify the project selection process and 12 ensure that the funds continue to be allocated in alignment with the intentions of the Board of 13 Commissioners. 14 15 FINANCIAL IMPACT: The Climate Action Tax is projected to generate $478,657 in funds in FY 16 2020-21, and the Board of Commissioners intends to identify impactful projects and distribute 17 these funds promptly to accelerate action on the urgent issue of climate change and help to 18 further stimulate the local economy. 19 20 Brennan Bouma, Sustainability Director, made the following PowerPoint presentation: 21 22 Climate Action Fund 23 Eligibility and Scoring Guidelines 24 June 2, 2020 25 26 Climate Action Fund — FY19-20 Projects 27 $469,272 total 28 o $150,000 — Supplemental Weatherization 29 o $150,000 — Solar for Schools - OCS 30 o $150,000 — Solar for Schools - CHCCS 31 o $19,272 LED Light Campaign 32 33 34 35 Climate Action Fund —Allocation Timeline 36 *Application cycle for the FY20-21 funds to run in the Fall and then follow it with the FY21-22 37 cycle in the Spring. This would allow the project solicitation and review process to catch up so 38 that in subsequent years there could be a single more relaxed evaluation schedule aligned with 39 the CIP process 40 41 42 43 44 45 46 47 48 49 50 17 1 2 3 Fiscal Year Jul-Sept Oct-Dec Jan-Mar Apr-Jun 2019-20 19-20 Project Creation and CFE Ranking 19-20 Project Evaluation and BOCC Selection Project Project Ranking and Application Open Ranking 2020-21 Application Open for Selection for for FY21-22 and FY20-21 Funds FY20-21 Funds Selection for FY21-22 Project Review and Project 2021-22 Application Open for Ranking for BOCC Review Selection FY22-23 Funds FY20-21 with CIP for FY20-21 4 5 6 FY20-21 Eligibility Guidelines 7 Non-profits, public entities, and small businesses. 8 All funds must be spent in Orange County. 9 Must have legal standing to receive funds. 10 Ongoing projects eligible if expanding or accelerating. 11 Replacement and repair eligible if not likely to be funded within 5 years. 12 13 FY20-21 Scoring Process 14 CFE review still uses formula weighing social justice and racial equity most heavily. 15 CFE to consult with experts or other advisory boards to reinforce decisions and 16 representation. 17 Room for CFE expertise in assigning scores, notes on rationale will be provided. 18 BOCC has final decision 19 20 FY20-21 Scoring Criteria 21 25 point scale 22 o Social Justice and Racial Equity (5pts) 23 o Emissions reduced (4 pts) 24 o Efficient use of Funds (4 pts) 18 1 o Capacity of Applicant (3 pts) 2 o Local Economic Development (3 pts) 3 o Amount and Duration of Engagement (3 pts) 4 o Time to complete (3 pts) 5 Minimum score for eligibility 6 Minimum score: 7 Not discussed by Climate Mitigation Review Team 8 9 CFE Scoring Table 10 Amoun t and Social Local Duratio Justice/ Efficient Capacity Economic n of Cost Racial Emissions use of of Develop- Engage Time to Estima Equity Reduced Funds Applican ment -ment Complet Rank Pro'ect to 5 is 4 is 4 is t 3 is 3 is : 3 pts): e 3 is : Total Total (Max for 2020- 21: $478,6 57) 11 12 Commissioner Price said a minimum score was not set, and if a project were not up to 13 par, having a minimum score may just be something to consider. 14 Commissioner Marcoplos said a minimum score may be a useful number to have, but 15 another cycle is likely needed to see what numbers would look like. 16 Commissioner Dorosin said the BOCC is not obligated to fund anything, so seeing how 17 this new process works first makes sense. 18 Commissioner Dorosin referred to the point about legal standing, and said if the goal is 19 to fast track this process, it is unrealistic for one to apply if ones does not have the legal 20 standing. He said it is a long process to become a 501-c-3, and hoping that one will have legal 21 standing by the time the funds are awarded seems unrealistic. He said it is important to be 22 clear as to the definition of"non-profit" that is being used; and asked if this means a 501-c-3, or 23 organized as a non profit under North Carolina State law. 24 John Roberts said the policy does not currently specify the definition of a non-profit. 25 Commissioner Dorosin asked if it makes a difference in giving out funding, and can the 26 BOCC give money to an entity that is non-profit, but not a 501 c-3. 19 1 John Roberts said yes the Board can give out money to non 501-c-3s, and this has 2 been done before with the Piedmont Food and Agricultural Processing (PFAP) Center. 3 Travis Myren said his intent was for applicants to sign a contract, and therefore be 4 legally accountable for the result. 5 Commissioner Dorosin said if the BOCC can give money to a non-profit, as said under 6 state law, this should be made very clear to potential applicants, as that process is quick and 7 easy. He asked if being a non-profit under state law should be required for people to apply, as 8 there is some value in having an entity be legally responsible. 9 Commissioner Greene said the committee imagined a group coming together with a 10 wonderful idea, which gets funded, and staff wanted to insure that the group is legally obligated. 11 She said she would push back on the idea that one needs to be a legal entity prior to applying 12 for funding, because if funding is not awarded, the efforts would have been for naught. 13 Commissioner Dorosin said the document says it has to be a non-profit. 14 Commissioner Greene said it can be a small business, up to $3 million a year. 15 Commissioner Dorosin said the document does say that, but $3 million seems pretty 16 high for a small business. 17 Commissioner Greene said this standard was used, as it is the same standard that is 18 used for the small business loan and grant program. She said it seemed high to her too, and is 19 open to suggestions. 20 Commissioner Dorosin said it would seem odd that a business with gross revenue of up 21 to $3 million would need this type of grant. 22 Commissioner Bedford asked if it would work to continue the weatherization program, 23 and would that mean a department could put in for additional funding for their program. 24 Commissioner Greene said yes. 25 Travis Myren said yes, the intent is for funds to not go to projects that are already 26 funded through the CIP already. 27 Commissioner Bedford suggested leaving the $3 million threshold for now, to see how it 28 works. 29 Commissioner Price said the $3 million number was just to offer consistency with 30 existing programs. 31 Commissioner Price referred to the wording in the scoring process, paragraph 3: "the 32 Commission for the Environment (CfE) may consult with other experts or advisory boards on 33 any and all applications for the purposes of diversity and inclusion...," and said she wants this 34 language to be stronger. She said she wants language that says, "in the event that the CfE 35 lacked diversity the CfE shall consult other experts and advisory boards, such as the Humans 36 Rights and Relations Commission". 37 Commissioner Marcoplos said the County is going to learn a lot during this next cycle, 38 and he would recommend waiting and reviewing the process next year, if need be. 39 Commissioner Dorosin said the BOCC is creating something new and making changes 40 is no less baked than anything that already exists. He asked if anyone knows why the $3 41 million is the threshold for the grant and loan program. 42 Gary Donaldson, Chief Financial Officer, said the $3 million number is a carryover from 43 the Economic Development small business loan program. 44 Commissioner Dorosin asked if this number was picked for any particular reason. 45 Gary Donaldson said that happened before his time, and he can get him the information 46 as to why this number was chosen arbitrarily. 47 Chair Rich said the BOCC could come back to amend the process, if need be. 48 Commissioner Dorosin said given the priority being placed on social justice and racial 49 equity, the BOCC may want to target smaller businesses. He said he appreciated the work his 20 1 colleagues have done on this, and would like to know how many small business loans have 2 gone to businesses making $3 million. 3 Commissioner Marcoplos said $3 million does not seem like that much to him, and what 4 is left at the end of the year of a $3 million business is not much. 5 Commissioner Greene agreed with raising the questions, but said it is likely good to wait 6 and watch. She said the scoring criteria include equity and social justice. 7 Commissioner McKee said the document says gross income should not exceed $3 8 million, so smaller entities could certainly apply. 9 Commissioner Dorosin said it does not exclude businesses that make less, but he is just 10 saying the cap should be lower. 11 Commissioner McKee agreed that $3 million is not much at the end of the day, and such 12 businesses would not have excess cash to start a big project. He said for many businesses this 13 may just be breaking even. 14 Bonnie Hammersley said the North Carolina definition of a small business is, 17 million 15 in revenue, and less than 500 employees". She said staff likely just cut this number in half. 16 Chair Rich said the only change she sees as necessary is Commissioner Price's request 17 to tighten the language up in paragraph 3. 18 The Board agreed by consensus. 19 20 A motion was made by Commissioner Price, seconded by Commissioner Greene for the 21 Board to: 22 23 1) Receive recommendations from the Climate Mitigation Review Team updating and 24 clarifying the eligibility and scoring for future Climate Action Fund projects; and 25 2) Approve the new guidance and provide it to the Orange County Commission for the 26 Environment (CFE) for its use in soliciting and scoring project applications for the FY 27 2020-21 round of Climate Action Fund projects. 28 29 VOTE: UNANIMOUS 30 31 c. Amendments to the Advisory Board Policy 32 The Board considered options for clarification to the advisory board policy related to 33 remote meetings of advisory boards and vote to select one of those options to be effective July 34 1, 2020. 35 36 John Roberts presented this item: 37 38 BACKGROUND: 39 On March 13, 2020 the Board Chair declared a State of Emergency in Orange County 40 ("Declaration") related to the national emergency created by the Corona Virus Disease 2019 41 pandemic. At that time the Chair directed all Orange County advisory and other boards to cease 42 in-person meetings to reduce chances of virus transmission. The Orange County Board of 43 Commissioners Advisory Board Policy ("Policy") does not allow remote meetings. This 44 restriction was included by the Board during the creation of the Policy to encourage members of 45 advisory boards to actually attend meetings rather than attending by teleconference. Recently 46 members of the Board have expressed an interest in removing this restriction. 47 48 There is also language included allowing individual members to attend meetings remotely when 49 they are unable to be physically present for a regularly scheduled meeting. Furthermore, the 50 County Attorney noticed a technical inconsistency in the Policy and made a minor change that 21 1 specifically includes three quasi-judicial boards in the ethics and limitations sections of the 2 Policy. These three boards are left out of the remote meetings sections based on due process 3 concerns with conducting quasi-judicial hearings remotely. 4 5 All proposed language is included in the draft and the Board may change or reject all, including 6 the technical correction mentioned above, and should discuss any other options the Board may 7 wish to consider. 8 9 Option 1 — leave in place the restrictions on remote meetings. 10 Option 2 — leave the general restriction on remote meetings in place for advisory boards, but 11 specifically authorize the Manager to allow a remote meeting for an advisory board when a 12 meeting is immediately necessary to further County business. 13 Option 3— only allow remote meetings during declared states of emergency and do so for all 14 advisory boards whether or not authorized by the Manager. 15 Option 4— allow remote meetings during declared states of emergency and allow individual 16 members to attend remotely at any other time. 17 Option 5— allow remote meetings at all times. 18 19 Remote meetings will need to be compliant with statutory notice provisions and with open 20 meetings laws. All remote meetings must provide for access by the public and where 21 applicable, also comment by the public. Deputy Clerk David Hunt also indicates the Board 22 should consider that a "hybrid meeting with some board members on-site and some at home 23 will be technologically challenging. A conference call with a single phone in the meeting room 24 would be the least complicated solution. Setting up a video conference is more complicated. 25 (Think camera positions, sharing documents, view for members in the room, view for public in 26 the room, etc.)" 27 28 FINANCIAL IMPACT: The financial impact associated with this action is dependent upon the 29 number and type of remote meetings. 30 31 John Roberts said staff has had some questions since this was published. He said 32 quasi-judicial boards were intentionally left out, as they are not advisory boards, with the 33 exception for the ethics portion of the advisory board policy. He said quasi judicial boards can 34 meet virtually, regardless of the County's action (due to State statute), but his concern would be 35 with decisions being overturned if there are connectivity issues, or troubles hearing, etc., which 36 may lead to due process complaints. 37 David Hunt said an advisory board meeting would likely be sitting at a table, and the 38 easiest option for remote involvement would be telephonic. He said using a computer to join 39 the meeting would be somewhat harder. 40 Chair Rich said this was brought up because internal advisory boards cannot meet 41 remotely now, because the current policy in place that says they cannot do so. 42 Commissioner Marcoplos said he liked Option 5, as it gives maximum flexibility, but he 43 may not have thought of potential drawbacks. 44 John Roberts said one of the drawbacks is that even in a remote meeting, the public has 45 to have access to the meetings, and he is not sure all departments have that capability. 46 Commissioner Bedford said she is concerned that everyone may not have the 47 technology and Internet access to do remote meetings. She said she preferred option 3, but 48 option 4 may also work. She said she would like to have input from the advisory boards. She 49 said she thinks it is very important to have video access, as following by audio alone can lead to 22 1 confusion. She said technology can be helpful, and the goal here is to be more inclusive, but 2 she does not want to inadvertently exclude people. 3 Commissioner Dorosin said there are two interests to balance: facilitating the work of 4 the boards and public access/transparency of meetings. He said even the BOCC zoom 5 meetings are difficulty, and it is not the same as being together in person. 6 Commissioner Dorosin said the best way to reconcile the issue is a combination of 7 options 2 and 4: promoting in person expectations, with the option for remote participation if 8 necessary. He said he hopes this will keep the remote participation low, but also allow for 9 greater diversity in participation, as it allows for flexibility in extenuating circumstances. 10 Chair Rich agreed, but with the comment that one cannot repeatedly attend virtually. 11 She said the goal should be in person participation. 12 Commissioner Price said she was looking at combining options 3 and 4. She said there 13 is currently a state of emergency, and advisory boards need to meet, but she would like to have 14 an option that people can participate virtually if needed (with the authorization from the 15 Manager in option 3). She said she would also want the preference to be in person meetings. 16 Commissioner McKee said he would support option 2 or 3. 17 Commissioner McKee said option 4 is contradictory, as it allows for virtual meetings to 18 attend during a declared state of emergency, but also for members to attend remotely at any 19 other time. 20 Commissioner McKee said he is not for option 5, as it is his expectation that board 21 members should attend meetings in public. He said his main fear for remote meetings is the 22 limits of technology, and not all people have IT support and may live in rural areas. 23 Commissioner McKee said he has counted only about 5 people that have spoken to the 24 BOCC by public comments during these remote meetings, and he believes access to 25 technology may be a factor in that number. 26 Commissioner Marcoplos said if the goal is transparency, then nothing beats option 5. 27 He said he believes more of the public would participate in remote meetings. He said he 28 questions as to whether this should be a fluctuating issue, needing a decision to be made in 29 each circumstance. He said option 5 would require no room rental, no expense, and he thinks 30 it allows the most access. 31 Commissioner Greene said if everyone in the county had equal access to high quality 32 Internet then option 5 would be great, but that is not the case. She said she liked the 33 discussion that Chair Rich and Commissioner Dorosin were having around options 2 and 4. 34 She said the Partnership to End Homelessness (PTEH) has allowed members to call in, and it 35 has worked very well, and has not been abused. 36 37 A motion was made by Commissioner McKee to move option 3 — no second. 38 Motion fails. 39 40 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to 41 move option 2, with the addition of the language in option 4, and allow individual members to 42 attend meetings remotely anytime. 43 44 Option 1 — leave in place the restrictions on remote meetings. 45 Option 2 — leave the general restriction on remote meetings in place for advisory boards, but 46 specifically authorize the Manager to allow a remote meeting for an advisory board when a 47 meeting is immediately necessary to further County business. And allow individual members to 48 attend remotely at any other time. 49 23 1 Option 3— only allow remote meetings during declared states of emergency and do so for all 2 advisory boards whether or not authorized by the Manager. 3 Option 4 — allow remote meetings during declared states of emergency and allow individual 4 members to attend remotely at any other time. 5 Option 5 — allow remote meetings at all times. 6 7 Commissioner McKee said he will support this, with a few reservations. He said the 8 BOCC can always amend it, if necessary. 9 Commissioner Price clarified that the motion is saying that advisory boards cannot meet 10 now without permission, and any member can attend remotely anytime. 11 Chair Rich said yes, a state of emergency will not be required. 12 Commissioner Price asked if the second part of the motion negates the first part. 13 Commissioner Dorosin said the general restriction for remote full board meetings stays 14 in place, unless by permission of the Manager, but if an individual needs to attend remotely for 15 some reason, it is permissible to do so. 16 Commissioner Price said the goal is to discourage a blanket statement that all advisory 17 boards can meet during a state of emergency. 18 Commissioner Dorosin said yes, he supports boards meeting virtually only if there is 19 urgent County business, to which the boards need to attend. 20 Commissioner Marcoplos said he predicts that there will be a record number of people 21 meeting remotely after doing this for a while. 22 Commissioner Bedford suggested taking out the word immediately in option 2, as some 23 boards will need to touch base, which would not be considered an immediate need, but is 24 valuable nonetheless. 25 Commissioner Dorosin said the point is that the motions leaves in place the general 26 restriction. He said phase three will be happening soon, and the ability to meet in person again 27 may be happening soon too. 28 Commissioner Greene said this motion leaves the decision to the Manager's discretion. 29 30 VOTE: Ayes, 5 (Chair Rich, Commissioner McKee, Commissioner Dorosin, 31 Commissioner Greene, Commissioner Bedford); Nays, 2 (Commissioner Marcoplos and 32 Commissioner Price) 33 34 John Roberts said some wording will need to be changed, and he can bring this item 35 back for consent agenda, or read it now. 36 Chair Rich asked if he could read it now to keep the process moving. 37 John Roberts read section 12.a.1: 38 39 SECTION XII. REMOTE MEETINGS AND REMOTE ATTENDANCE PURSUANT TO NCGS 40 §166A-19.24 41 A. Declared states of emergency. 42 1. Upon a declaration of a state of emergency in Orange County by the Chair of 43 the Board of Commissioners advisory boards subject to this Advisory Board 44 Policy may meet remotely as authorized by the County Manager. 45 2. A remote meeting is an official meeting, or any part thereof, with a majority or 46 all of the members of the advisory board participating by simultaneous 47 communication. 48 3. Simultaneous communication is any communication by conference 49 telephone, conference video, or other electronic means. 50 4. Advisory Boards shall comply with open meetings laws. 24 1 5. Advisory Boards shall coordinate with the Clerk to the Board of 2 Commissioners to notify the public of the remote meetings and the means by 3 which the public may access the remote meetings. 4 6. If at any time during a remote meeting the number of members needed for a 5 quorum is disrupted by a loss of simultaneous communication the meeting 6 will not continue until simultaneous communication is restored and if 7 simultaneous communication cannot be restored the meeting will be 8 adjourned without further action. 9 10 B. Remote attendance at other times. 11 1. At all other times advisory boards shall meet in person at the time and 12 location adopted in the board's meeting schedule and as set out herein. 13 2. Should a member be unable to physically attend a meeting the member may 14 attend remotely so long as simultaneous communication is maintained for the 15 remotely attending member(s) and only so long as the public has access to 16 communications by the member(s). 17 3. Remote attendance involves a member(s) of the advisory board participating 18 by simultaneous communication. 19 4. If the presence of a member(s) remotely attending a meeting is necessary for 20 purposes of achieving a quorum and simultaneous communication with the 21 member(s) is lost the meeting will not continue until simultaneous 22 communication is restored and if simultaneous communication cannot be 23 restored the meeting will be adjourned without further action. 24 25 Commissioner Price said this seems the same as option 3. 26 Commissioner Greene said option 2 requires the Manager's permission for boards to 27 meet remotely, and option 3 does not. 28 John Roberts said the Board should adopt the policy, with the added language. 29 30 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to 31 adopt the policy changes 32 33 VOTE: Ayes, 6; Nays, 1 (Commissioner Marcoplos) 34 35 Commissioner McKee said he would like information brought back in January 2021 36 regarding attendance numbers for virtual meetings, versus in person. 37 Commissioner Greene asked if staff could communicate to the chairs of the boards that 38 the expectation is to meet in person, if possible, and not remotely for every meeting. She said 39 this privilege should not be abused. 40 41 d. Coronavirus Relief Funding Plan and Additional Emergency Small Business Grant 42 Funds 43 44 The Board considered voting to approve: 45 1) the appropriation of$2,665,753 in Coronavirus Relief Funding (CRF) on a 46 County-wide per capita basis; 47 2) the submittal to the State of the County's CRF Plan by June 1, 2020; and 48 3) the appropriation of$410,000 in Article 46 Sales Tax Small Business Loan 49 Funds for Emergency Funding to small businesses. 50 25 1 Gary Donaldson, Chief Financial Officer, presented this item: 2 3 BACKGROUND: 4 The North Carolina General Assembly unanimously approved the Coronavirus Relief Funding 5 (House Bill 1043) that was signed by the Governor on May 4, 2020. The CRF package includes 6 relief measures related to public health and safety, education, small business assistance, and 7 continuity of state government operations. 8 9 The Orange County State-wide per capita share is $2,665,753 of the $150 million allocated to 10 NC counties. House Bill 1043 does not appropriate any funds directly to a city or town, but 11 instead delegates that funding decision to counties. At the May 19, 2020 Virtual Business 12 Meeting, the BOCC approved the CRF funding allocation detailed in the table below based on a 13 per capita allocation. 14 ORANGE $ 1,546,136.74 58% CARRBORO $ 266,575.30 10% CHAPEL HILL $ 746,410.84 28% DURHAM $ - 0% HILLSBOROUGH $ 79,972.59 3% MEBANE $ 26,657.53 1% TOTAL $ 2,665,753.00 100% 15 16 COVID-19 Eligible Expenses: 17 • Support COVID-19 related expenditure for public health staff and program costs, 18 personal protective equipment (PPE), public safety staff expense, medical expense, 19 overtime or mandatory pay, distance learning and teleworking requirements 20 • Economic and Human Services support 21 • Expenses must be incurred between March 1, 2020 — December 30, 2020 22 • Funds cannot be used to replace lost local government revenue 23 24 The proposed County compiled CRF Funding Plan following requests from County 25 Departments is: 26 Categories Planned Expenditures Public Health Expenses; PPEs, $570,000 Disinfectants Personnel Support $350,000 Human Services including Housing $456,136 Assistance and Food to vulnerable residents Telework and Information $145,000 Technology Economic Development $25,000 Total $1,546,136 27 28 CRF Reporting Requirements 29 June 1, 2020 - Counties determine a funding plan 30 Beginning October 1 - Submit Quarterly Reporting of expenditures to the State 31 26 1 The Funding Plan categories due by June 1, 2020 are: 2 1) Medical expenses 3 2) Public health expenses 4 3) Payroll expenses 5 4) Expenses to facilitate compliance with COVI D-1 9-related public health measures 6 5) Expenses associated with economic support including small businesses 7 8 Emergency Small Business Grants 9 Staff is separately proposing using $410,000 from Article 46 Sales Tax Small Business 10 Program funds to provide Round 2 Emergency Grants to small businesses based on a financial 11 review of businesses April 2019 and April 2020 revenue. Grant Program eligibility requirements: 12 - Orange County based businesses 13 -A business must have not received Federal CARES Act, State or local funds 14 - Minimum of one year of operations 15 - Provide a public benefit in the form of job creation and tax base increase 16 - For-Profit business status 17 -All applicants are required to have been in business for a minimum of one-year, hold 18 applicable 2019 business privilege licenses, and be registered with appropriate legal entities 19 such as the North Carolina Secretary of State or Orange County Register of Deeds office 20 - Companies are not eligible if they have past-due tax liabilities or tax liens, delinquencies in 21 Orange County property taxes, or were in bankruptcy (Corporate or Personal) prior to the 22 pandemic 23 24 FINANCIAL IMPACT: The State has allocated $2,665,753 to the County for eligible COVID-19 25 expenses and the use of$410,000 of Article 46 Sales Tax Small Business Fund. There will be 26 forthcoming Budget Amendments for both funding sources. 27 28 Commissioner Greene said the abstract references a desire to see public benefit in the 29 form of job creation and tax base increase. She asked if this is actually an either/or situation. 30 Gary Donaldson said yes, either/or. 31 Commissioner Dorosin asked if job creation means new work, or bringing people back 32 to work. 33 Gary Donaldson said staff is working on that now, and he said the desire is something 34 measurable, and is trying to keep it simple. 35 Commissioner Dorosin said he appreciated this. 36 Commissioner Dorosin referred to the attachment, and the personnel support category. 37 He said virtually all of these will provide support to those departments who support the most 38 adversely affected populations by the pandemic. 39 Commissioner Price referred to bankruptcy- last bullet on qualifications— and that one 40 is not eligible if in bankruptcy before the pandemic. She asked if this is true of one's entire 41 history, or in more recent years. 42 Gary Donaldson said it is considers the past year. 43 Chair Rich said the last round of business grants was not given out completely, and 44 asked if these funds are available. 45 Gary Donaldson said staff will provide an updated report, and any residual funds will be 46 swept into this amount. 47 Chair Rich referred to the bankruptcy bullet, and said there are some businesses that 48 have received funding already and are not repaying the loan. She said she would not want 49 these businesses to get additional funds, if they are not paying back existing loans. 27 1 Gary Donaldson said staff considered this, and there are 11 businesses with 2 outstanding balances. He said staff will bring an abstract on June 16 with respect to the small 3 business non-profit, and this is for enhanced controls and bringing those funds unto the County 4 books. 5 Chair Rich asked if staff would use the press release to strongly encourage minority and 6 women owned businesses to apply. 7 Commissioner Bedford said she very much supports this, but would like to offer an 8 opposing view: there was an article in the News & Observer, which said 42% of the jobs lost will 9 not recover. She said the article's summary was that it is inefficient to use funds to support a 10 business that is not going to make it anyway. She said the County will be protected from this 11 due to the caveat of looking for applicants that will create jobs, or provide public service, etc. 12 She said it is important to use public dollars wisely. 13 Commissioner Price asked if applicants for County funding must have a good 14 relationship with another financial institution, or if the applicant can just be in good standing with 15 the County. 16 Gary Donaldson said the primary metric staff is using is April revenues. 17 Commissioner Price asked if the press release could be very simple and readable, so th 18 that one could pass it out to small businesses or emailed. 19 20 A motion was made by Commissioner Bedford, seconded by Commissioner McKee for 21 the Board to approve the CRF Funding Plan for submittal to the State as stated herein, and 22 approve the appropriation of$410,000 from Article 46 Sales Tax Small Business Loan Program 23 funds for Emergency Small Business grants. 24 25 VOTE: UNANIMOUS 26 27 7. Reports 28 NONE 29 30 8. Consent Agenda 31 32 • Removal of Any Items from Consent Agenda 33 No items removed. 34 35 • Approval of Remaining Consent Agenda 36 37 A motion was made by Commissioner Greene, seconded by Commissioner McKee for 38 the Board to approve the remaining items on the Consent Agenda. 39 40 VOTE: UNANIMOUS 41 42 43 a. Minutes 44 The Board approved the draft minutes from May 5, 12 and 14, 2020 as submitted by the Clerk 45 to the Board. 46 b. Motor Vehicle Property Tax Releases/Refunds 47 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle 48 property tax values for three taxpayers with a total of six bills that will result in a reduction of 49 revenue in accordance with NCGS. 50 c. Property Tax Releases/Refunds 28 1 The Board adopted a resolution, which is incorporate by reference, to release property tax 2 values for two taxpayers with a total of four bills that will result in a reduction of revenue in 3 accordance with North Carolina General Statute 105-381. 4 d. Extension of Little River Regional Park Interlocal Agreement 5 The Board adopted and authorized the Manager to sign a one-year extension of the current 6 interlocal agreement between Orange County and Durham County for the operation of Little 7 River Regional Park and Natural Area. The current agreement term expires on June 30, 2020. 8 e. Resolution of Support—Triangle Trails Initiative 9 The Board adopted a resolution, which is incorporated by reference, of support for the Triangle 10 Trails Initiative, a new effort to plan for linked trails within the Triangle region coordinated by the 11 East Coast Greenway Alliance, through a grant from the AJ Fletcher Foundation and authorize 12 the Chair to sign. 13 f. Orange County ABC Board Travel Policy 14 The Board approved the Orange County Alcoholic Beverage Control (ABC) Board's adoption 15 and continued use of Orange County's travel policy for FY 2020-21. 16 17 9. County Manager's Report 18 Bonnie Hammersley said the Virtual Budget Public Hearing will be held on June 41". She 19 said she will need all proposed amendments to the budget by close of business on Wednesday, 20 June 3rd, in order to be able to post them on the website for the public to view prior to the June 21 41" public hearing. 22 23 10. County Attorney's Report 24 NONE 25 26 27 11. *Appointments 28 29 a. Workforce Development Board —Appointment Discussion 30 The Board considered making an appointment to the Workforce Development Board 31 (WDB). 32 33 A motion was made by Commissioner Marcoplos, seconded by Commissioner McKee to 34 appoint Katie Loovis to the WDB for a first full term in the position of At-Large — Private Sector- 35 Business expiring 6/30/2023. 36 37 VOTE: UNANIMOUS 38 39 12. Information Items 40 41 • May 19, 2020 BOCC Meeting Follow-up Actions List 42 • Tax Collector's Report— Numerical Analysis 43 • Tax Collector's Report— Measure of Enforced Collections 44 . Tax Assessor's Report— Releases/Refunds under$100 45 • 2021 Property Tax Revaluation Update 46 47 13. Closed Session 48 NONE 49 50 14. Adjournment 29 1 2 A motion was made by Commissioner McKee, seconded by Commissioner Price to 3 adjourn the meeting at 9:35 p.m. 4 5 VOTE: UNANIMOUS 6 7 Penny Rich, Chair 8 9 10 Donna S. Baker 11 Clerk to the Board 12 13 Submitted for approval by David Hunt, Deputy Clerk to the Board. 1 1 2 3 Attachment 3 4 5 DRAFT MINUTES 6 BOARD OF COMMISSIONERS 7 VIRTUAL BUDGET PUBLIC HEARING 8 June 4, 2020 9 7:00 p.m. 10 11 The Orange County Board of Commissioners met for a Virtual Budget Public Hearing Meeting 12 on Thursday, June 4, 2020 at 7:00 p.m. 13 14 COUNTY COMMISSIONERS PRESENT: Chair Rich and Commissioners Jamezetta Bedford, 15 Mark Dorosin, Sally Greene, Mark Marcoplos, and Renee Price 16 COUNTY COMMISSIONERS ABSENT: Commissioner McKee 17 COUNTY ATTORNEYS PRESENT: 18 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 19 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified 20 appropriately below) 21 22 Chair Rich called the meeting to order at 7:00 p.m. 23 24 Due to current public health concerns, the Board of Commissioners conducted a Virtual Budget 25 Public Hearing on Tuesday, June 4, 2020. Members of the Board of Commissioners participated 26 in the meeting remotely. Members of the public were able to view and listen to the meeting via 27 live streaming video at http://www.orangecountync.gov/967/Meeting-Videos and on Orange 28 County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). 29 30 In this new virtual process, there are two methods for public comment. 31 • Written submittals by email 32 • Speaking during the virtual meeting 33 34 1. Opening Remarks 35 36 PUBLIC CHARGE 37 The Chair acknowledged the public charge. 38 39 40 2. Presentation of County Manager's Recommended FY 20-21 Budget (PowerPoint 41 Presentation) 42 43 Bonnie Hammersley made the following PowerPoint presentation: 44 45 FY2020-21 46 County Manager 47 Recommended Budget Amendments 48 June 4, 2020 49 50 OPERATING BUDGET AMENDMENTS 51 2 Sponsor Department Amendment Amount General Amendment Fund Total 20-21OP-001 Commissioner Greene Outside $ 20,000.00 $20,000.00 Agencies Fund ($20,000)to support a new nonprofit Reentry House Plus, Inc. that is in the process of opening a reentry house for men emerging from their sentences at Orange Correctional. 20-21OP-002 Commissioner Greene Human Use $20,000 from the Social Justice $ (20,000.00) $0.00 Services Fund to support the new nonprofit Reentry House Plus, Inc. 20-21OP-003 Commissioner Bedford BOCC Repeal the salary increase for $ (12,710.00) ($12,710.00) Commissioner McKee Commissioners effective December 1, 2020. The cost is $12,710.00 including FICA and retirement. 20-21OP-004 Commissioner Marcoplos BOCC Eliminate funding for the National $ (2,666.00) ($15,376.00) Association of Counties (NACo) membership dues. 1 2 Commissioner Dorosin asked if the Board of County Commissioners (BOCC) is 3 discussing these amendments tonight in any way. 4 Bonnie Hammersley said no, it was her understanding that this evening is an opportunity 5 for the BOCC to hear from the public, and the BOCC will discuss the amendments on June 9. 6 Commissioner Dorosin asked if this was the understanding of the BOCC. 7 Chair Rich said her understanding was the same as Bonnie Hammersley's 8 Commissioner Price said she would be open to any explanation that the sponsoring 9 Commissioner may want to offer, for the benefit of the public. 10 Commissioner Marcoplos said he would like to briefly explain his amendments tonight, to 11 clarify context and intent only. 12 Commissioner Greene said her understanding was the same as Chair Rich and Bonnie 13 Hammersley. 14 Chair Rich said to let Bonnie Hammersley finish the presentation, and the BOCC can 15 offer brief comments, thereafter. 16 Bonnie Hammersley resumed the PowerPoint presentation: 17 Amendment Sponsor Department Amendment Amount General Fund Total 20-21OP-005 Commissioner Human Services $ 2,666.00 ($12,710.00) Marcoplos Direct funds allocated for NACo memberships dues to the Social Justice Fund. 3 20-21OP-006 Commissioner BOCC Eliminate funding for the $ (17,168.00) $ (29,878.00) Marcoplos UNC School of Government (UNC-SOG) membership dues. 20-21OP-007 Commissioner Human Services Direct funds allocated for $ 17,168.00 $ (12,710.00) Marcoplos UNC-SOG memberships dues to the Social Justice Fund. 20-21 OP-008 Commissioner BOCC Eliminate funding for the $ (12,755.00) $ (25,465.00) Marcoplos North Carolina Association of County Commissioners (NCACC) membership dues. 20-21OP-009 Commissioner Human Services $ 12,755.00 $ (12,710.00) Marcoplos Direct funds allocated for NCACC memberships dues to the Social Justice Fund. 20-21 OP-010 Commissioner BOCC Eliminate funding for the $ (22,213.00) $ (34,923.00) Marcoplos Triangle J membership 20-21OP-011 Commissioner Human Services Direct funds allocated $ 22,213.00 $ (12,710.00) Marcoplos Triangle J membership dues to the Social Justice Fund. Staff Debt Service Reduce Debt Service $(209,779.00) $ (222,489.00) 0-21OP-012 Payments in FY 20-21 due to lower interest rate realized as part of the G.O. Bond issuance in May 2020 Staff Housing Reduce County match to the $ (3,654.00) $ (226,143.00) 0-21OP-013 /Community HOME Program as a result of Development Fund a calculation error in determining the match requirement 0-21OP-014 Commissioner Rich Non-Departmental Suspend the $568,139 $(568,139.00) $ (794,282.00) proposed for the Chapel Hill Library in FY 2020-21 Amendment Sponsor Department Amendment Amount General Fund Total Commissioner Rich Education Set up a COVID focused $ 500,000.00 $ (294,282.00) 20-21OP-015 "Education Fund" to assist students in need of technology and broadband in both districts, in order to prevent the opportunity gap from growing larger during the COVID-19 pandemic 4 Commissioner Rich Non-Departmental Set up a fund to assist non- $ 68,139.00 $ (226,143.00) 20-21OP-016 Chapel Hill residents (on a sliding scale)with a household library card if Chapel Hill decides to charge a fee for the use of the library by non-Chapel Hill residents Staff Human Rights & Fund the development of a $ 35,000.00 $ (191,143.00) 20-21OP-017 Relations Racial Equity Index Platform to track progress of the County's racial equity initiatives, and to follow trends in racial disparities Staff Article 46 Sales Receipt of$410,000 in Article $ 410,000.00 $ 410,000.00 20-21OP-018 Tax Fund 46 Sales Tax Small Business Loan Funds to be used for Emergency Grants to small businesses Staff Visitors Bureau Reduce the Visitors Bureau $ (19,308.00) $ (19,308.00) 20-21OP-019 Fund Fund expenditure budget by $19,308 to correct an error related to indirect cost allocation Staff Solid Waste Increase the Solid Waste $ 475,000.00 $ 475,000.00 20-21OP-020 Enterprise Fund Enterprise Fund expenditure budget by$475,000 to reflect the Transfer of funds to the General Fund as an expense 1 2 CAPITAL BUDGET AMENDMENTS: 3 Amendment# Sponsor Department Amendment Amount 20-21CIP-001 Commissioner Education Move the Durham Tech Expansion Project planning up $ 1,000,000.00 Dorosin to year 1 20-21CIP-002 Commissioner County CIP $ (3,200,000.00) Dorosin Projects Delay the following CIP projects from Year 1 (FY 20- 21)to Years 6-10: Conservation Easements ($1,000,000); Roofing Projects (25,000); EMS Substation - Morgue Project($675,000); Blackwood Farm Park ($350,000); IT ($900,000); Vehicle Replacements ($250,000) 20-21CIP-003 Commissioner Education Move the Durham Tech Expansion Project phase 2 up $ 14,000,000.00 Dorosin to year 2 5 20-21CIP-004 Commissioner County CIP Delay the following CIP projects from Year 2 (FY 21- $ (8,479,526.00) Dorosin Projects 22)to Years 6-10: Soccer.com ($4,589,000); some IT Infrastructure ($1,500,000); Millhouse Road Park ($400,000); Lands Legacy($500,000); Lake Orange Dam ($50,526); Little River Park, Phase II ($500,000); Roofing Projects ($250,000); Twin Creeks Park ($220,000); Old Courthouse Square ($220,000); Vehicle Replacements ($250,000) l Amendment# Sponsor Department Amendment Amount 20-21CIP-005 Commissioner Dorosin Education Move the Durham Tech $ 11,547,911.00 Expansion Project phase 3 up to year 3 20-21CIP-006 Commissioner Dorosin County CIP Delay the following CIP projects $(14,868,385.00 Projects from Year 3 (FY 2022-23) to Years ) 6-10: Millhouse Road Park ($6,400,000); Twin Creeks Park ($3,780,000); Conservation Easements ($1,000,000); Blackwood Farm Park($300,000); Fairview Park ($2,000,000); Courthouse Square ($390,000); IT ($748,385); Vehicle Replacements ($250,000) 20-21CIP-007 Commissioner Price Education Move the Durham Tech $ 1,000,000.00 Expansion Project planning up to year 1 20-21CIP-008 Commissioner Price County CIP Remove the following CIP $(1,100,000.00) Projects projects from Year 1 (FY 20-21): EMS -Substation - Morgue project ($675,000); Millhouse Road Park ($300,000); Roofing Project($25,000); Vehicle Replacements ($100,000) Amendment# Sponsor Department Amendment Amount 20-21CIP-009 Commissioner Price Education Mgve Durham Tech Expansion Project phase 2 up $ to year 2 14,000,000.00 20-21CIP-010 Commissioner Price County CIP Delay the following CIP projects from Year 2 $ (6,291,300.00) Projects (FY 21-22) to Years 6-10: Soccer.com ($4,589,000); some IT Infrastructure ($382,300); Little River Park, Phase II ($250,000); Roofing Projects ($250,000); Twin Creeks Park ($220,000); Vehicle Replacements ($100,000) 20-21CIP-011 Commissioner Price Education Move the Durham Tech Expansion Project $ 11,547,911.00 phase 3 up to year 3 20-21CIP-012 Commissioner Price County CIP $(10,930,000.00) Projects Delay the following CIP projects from Year 3 (FY 2022-23) to Years 6-10: Millhouse Road Park ($6,400,000); Twin Creeks Park ($3,780,000); Blackwood Farm Park ($300,000); Fairview Park ($2,000,000); Courthouse Square ($350,000); Vehicle Replacements ($100,000) 1 2 3 BUDGET TIMELINE DATE VFMM Recommended Budget Presentation May 5 BUDGET PUBLIC HEARINGS Budget and Capital Investment Plan (CIP) May 12 &June 4 BUDGET WORK SESSION SCHEDULE ME Schools and Outside Aoenries May 14 Fire Dic t Public Safety, eFymGes and General GOV m t r�r�-vrst�FC , , crrrczrarrcrveFle�ar-wre�nT@Hz May 21 Human Servines -anrl C-n-MrM-unity SeFyinesMay 28 7 Budget Amendments and Resolution of Intent to Adopt June 9 BOCC REGULAR MEETING MA= FY2020-21 Operating and CIP Budget Adoption June 16 1 2 3 FY2020-21 RECOMMENDED BUDGET 4 BUDGET AND AMENDMENT AVAILABILITY 5 ❑ Clerk to Board of Commissioners 6 ❑ County Finance &Administrative Services Office 7 ❑ Orange County Website - http://orangecountync.gov 8 9 Commissioner Marcoplos clarified his amendments. He said the BOCC has 10 memberships in 4 organizations, which he wanted to put up for discussion: the pros and cons 11 of each. 12 Commissioner Dorosin said his amendment to the CIP has generated more emails than 13 the others, and his intent was primarily to move the Durham Tech project out of the 6-10 parking 14 lot and move it up in the CIP. He said he is on the Durham Tech Board, and it has become 15 clearer to him that this is critical to the Orange County Campus. He said the need for 16 community colleges, in the wake of the pandemic, will increase. He said the BOCC has had too 17 limited a focus on K-12 funding in Orange County for so long, and needs to re-focus on the later 18 years of education as well. 19 Commissioner Dorosin said the other point he wanted to make was that he did not want 20 to add costs to the budget, without offsetting cuts, which he has proposed. He said he is not 21 wedded to cutting these particular projects, and is open for discussion. He said his priority is to 22 get the Durham Tech project done. 23 Commissioner Price said she agreed with Commissioner Dorosin. She said one of the 24 differences in Commissioner Dorosin's proposal and hers, was the use of lands legacy or 25 conservation easement funds, which she did not mean to include. She said she is also not 26 wedded to cutting the particular projects she proposed, and is open for discussion 27 28 PUBLIC COMMENT: 29 Deborah Barrett said she is a clinical social worker, and there are so many needs in this 30 community, and one of those is mental health. She said there is a program called the Pro Bono 31 Counseling Network, which was set up locally to provide counseling services to those who could 32 not otherwise afford them. She said the Network lost its institutional home last year, but the 33 needs remain great, if not greater than before. She said the Network needs funding for one part 34 time staff person who can match the client to the service. She said she is asking the BOCC for 35 funding to help get the Network back on its feet. 36 Shelley Danser said was the Program Coordinator for the Pro Bono Counseling 37 Network, and is a licensed clinical social worker. She said during the 5 years she worked at the 38 Pro Bono Counseling Network, she came to see how effective and efficient the program is. She 39 said she helped match clients with good therapists, all of which included a number of pro bono 40 counseling sessions. She said the program stopped functioning because the institutional home 41 did not hire a new coordinator after she vacated the position. She said there are many 42 therapists wanting to offer pro bono services, and the community already knows these services. 43 She said Covid-19 has only exacerbated the need for this service. She asked the BOCC to 44 offer ideas and funding to get this program back up and running. 8 1 Miriam Leiberman said she was one of the therapists with the Pro Bono Counseling 2 Network for years. She said she always had clients that were part of this program, and it 3 offered a way for those in need to find a therapist through an ethical and affordable channel. 4 She said the Network coordinated continuing education classes for the therapists, which was a 5 wonderful way for them to earn their required hours. She said this program had worked, and 6 therapists want to volunteer their time, but it is so important to do so with a safety net. 7 Jessica Sheffield said she is the Executive Director of the Eno River Association, and 8 her Board sent the following letter to the Orange County Board of Commissioners earlier today, 9 which is below: 10 11 Dear Board of County Commissioners, 12 We understand that the impacts of Covid-19 may result in the County facing lower revenue. 13 However, the Eno River Association is adamantly opposed to the proposed FY 2020-21 CIP 14 amendments CIP-004, CIP005, and CIP-006 affecting the Lands Legacy and Conservation 15 Easement Programs in Orange County. Since 2000 over $8 million in other funding--from grants 16 and landowner donations--has been raised for land protection due to the Lands Legacy 17 Program and Conservation Easement Program. With those dollars nearly 4,000 acres within 18 Orange County have been protected, creating parks for underserved populations within our 19 community, improving water quality for over 500,000 citizens, ensuring viable farmland into the 20 future and climate change resiliency, and strengthening the overall health and wellbeing of 21 Orange County residents. 22 23 These past weeks we have seen unprecedented numbers of visitors to Orange County open 24 spaces, seeking solace during these difficult times. It is clear that more open space is needed to 25 accommodate our neighbors. Investments in land protection today provide lasting, positive 26 impacts on our community into the future. Proximity to parks and open space enhances the 27 value of residential properties and produces increased tax revenues for communities. Open 28 spaces capture precipitation, reduce stormwater management costs, and by protecting 29 underground water sources, open spaces reduce the cost of drinking water up to tenfold. 30 Improving access to public open space can increase levels of physical activity, provide mental 31 health benefits and reduce healthcare costs. 32 33 The Eno River Association and Orange County have worked collaboratively to protect land in 34 the Eno River Watershed since 2012. Together we hold six conservation easements on working 35 farms totaling 398 acres, and Orange County has helped us protect an additional 250 acres of 36 land. The proposed amendments would pull all additional funding from the Lands Legacy 37 Program and all funding from the Conservation Easement Program for the next three years. 38 This would devastate land protection efforts in Orange County. Without the financial 39 commitment of the County, we would no longer be able to leverage grant funds to support land 40 acquisition. In most cases, our joint funding partners require matching resources, especially 41 from municipal and county governments. The lack of County funding would undermine all land 42 trusts working to preserve land for future generations. The Eno River Association staff and 43 Board of Directors urge you to reject the proposed amendments CIP-004, CIP-005, and CIP- 44 006. 45 46 Riley Ruske said Orange County has the highest tax rates in the state. He said the 47 County's 136 entities, along with the school boards, try to find ways to spend taxpayer dollars. 48 He said there are many things in the proposed budgets that appear to be non-essential, and 49 seem to bloat the budget. He said only one Commissioner has expressed concern for the 50 taxpayer's burden. He said County government has no regard for the taxpayer, and will 9 1 continue in excessive spending with exorbitant taxes. He asked if this will simply continue, or 2 will the taxpayer have to revolt. 3 Brian Link said he a Social Studies teacher and the Social Justice Academy Director at 4 East Chapel Hill High School, and is also the Vice President of the Chapel Hill-Carrboro 5 Association of Educators. He said he hopes the BOCC can help fund the schools. He said the 6 nation is facing two pandemics: Covid-19 and racism. He said the BOCC has to choose how to 7 direct funding, and he hopes it will do so in ways that promote equity and justice throughout. 8 Roshna Bala Keen said she is a civil rights attorney, and she has some questions about 9 shifting funds from the Chapel Hill Library to a Covid Education fund. She said it is very 10 important that everyone have access to the library, as it is a great equalizer. She said the 11 library is an essential part of the community, and she has great concern about shifting the funds 12 from the library to another purpose. She encouraged the BOCC to please find alternative 13 funding sources. 14 Former Commissioner Barry Jacobs sent the following email, which Chair Rich read: 15 For 20 years, the Lands Legacy Program has been the backbone of Orange County's 16 efforts to actively conserve open space and natural areas. The program has been key to our 17 watershed protection efforts and to the farmland preservation that undergirds our bountiful local 18 agricultural economy. 19 By providing a reliable, ongoing source of funds, Lands Legacy and associated 20 conservation projects enable the county to amplify the impact of its contributions, attracting 21 millions of dollars in matches from federal, state, regional and private partners. And, like the 22 Social Justice Fund, dependability and flexibility are advanced by having a designated pool of 23 money. 24 Lands Legacy is a recognized model for other counties, a source of pride for many 25 Orange residents, and an affirmation of our environmental values. Doing away with, or limiting, 26 the program without extensive forethought and public discussion would be highly regrettable. 27 Please have the chair read this aloud at the hearing. 28 29 Chair Rich read the following letter, which was translated from Spanish: 30 Atte: Beatriz Ponce 31 Padres de Cameron park 32 919 730-4867 33 Vazguezbeatriz17(@yahoo.com 34 35 1 am the mother of Angel (3rd Grade) and Ana (1st grade)from Cameron Park School. The 36 reason for this letter is to let you know that as parents, neighbors and more parents from 37 different schools in Orange County, we are very concerned about the upcoming decisions you 38 could make that would affect us too much as part of the span ish-speaking community. We want 39 to be present and participate more in our children's schools, we would like more interpreters in 40 schools, on school boards, at events, and in our children's classes. Just thinking that you want 41 to remove Spanish classes, the only thing that makes us feel welcome and makes us feel at 42 home. S PANISH is more than just a language, it is culture and it is a universal communication. 43 Spanish is too valuable which allows a person to be bilingual and it is the opportunity of many 44 great things in spiritual, professional and educational life. That is why children from a young 45 age are taught both languages so that when they grow up, already in universities, they are 46 prepared. Medical studies have confirmed how important it is for them to learn a second 47 language from a young age and that will last them throughout their lives. A child who starts 48 speaking another language is very interesting because they do not lose their accents. An adult 49 who seeks to speak a second language, it becomes more difficult to memorize and the 50 pronunciation is difficult. For young children, however, it is pretty easy for them to capture all 51 that and more. My request today is DO NOT REMOVE SPANISH CLASSES IN ORANGE 10 1 COUNTY ELEMENTARY SCHOOLS. We want more support so that we can be present on 2 school boards. 3 4 Vecinos y padres de otras escuelas - Neighbors and Parents from other Schools 5 Rosa Sandoval -Jordan mom CENTRAL ele. 6 German Sanchez- pawway elementaria 7 Anabel Sanchez-Efland cheek 8 Nanci abasolo -Cameron park 9 Rosario Garcia -Cameron park 10 Agustina Tlacxani -new hope 11 Lucero Vargas -new hope 12 Sugey cardenas -Cameron park 13 Gloria mancilla -Cameron park 14 Carolina Favela -Cameron park 15 Karina trochet- new hope 16 17 Chair Rich said the Orange County Board of Commissioners only funds the schools, and 18 the school districts, themselves, decide the curriculums. 19 Commissioner Greene read a statement from Reentry House Plus: 20 21 Reentry House Plus was founded as a 501c3 in 2019 with 2 co-equal missions. 22 First- Housing for men reentering into society and Second- Education to enhance the probability 23 of success while transitioning back into the job market and to life and family. 24 25 HOUSING 26 The housing component has been made possible by a $240,000 investment by a local LLC to 27 purchase and renovate a 2500 sq ft house in Hillsborough. It will provide housing for 5-6 28 returning men and will be based on the Oxford House model in which each man will be 29 responsible for securing jobs and contributing to the costs of their daily expenses. 30 We are currently working to set up alliances with local churches to sponsor one individual in the 31 housing program and to help both financially and socially as a hands-on mentor. These 32 alliances will allow Reentry House to make this component of our program self-sufficient. It is 33 our expectation that we will be ready to accept men into the house in September of this year. 34 35 EDUCATION 36 But we named our organization Reentry House PLUS. The PLUS component is our 37 commitment to education and support to assure higher probability of success in reentry into 38 local society. 39 40 This educational component is possible due to an alliance with the SWIT team led by Tommy 41 Green, CHW, PSS (NC FIT)! and William Elmore, Outreach Specialist (Reintegration Support 42 Network). These men are past felons who have returned to local society as certified counselors 43 currently working for county and other non-profit organizations. Their program has been 44 successfully run for over 9 months with over 30 participant successes. Now they are ready to 45 ramp up their efforts with an alliance with Reentry House Plus providing the facility and overall 46 support and guidance. 47 48 Each teaching session contains up to 20 participants and is comprised of several classes taught 49 over a one-month period. One new element to the program includes a computer teaching lab 50 set up in the Reentry House in which job-related skills are taught. 11 1 But the most important element of the SWIT program is interaction with the staff who 2 themselves have been incarcerated and who have learned how to turn their experiences into life 3 changing opportunities for those involved in the program. 4 5 This program will welcome men and women from across the region and particularly Orange 6 County. Our pool will include individuals from the Local Reentry Council, Parole, Probation, AA 7 and NA graduates, and perhaps the Orange County Court System including the Family Drug 8 Court. 9 10 Each one-month program will cost $8,400- or$420 per participant. Under this program- II understanding that the contribution from Orange County will not be applied to the housing 12 component of Reentry House Plus- a $30,000 grant would provide instruction and support for up 13 to 60 individuals in the Orange County area. 14 15 16 4. Adjournment 17 A motion was made by Commissioner Dorosin, seconded by Commissioner Marcoplos 18 to adjourn the meeting at 8:00 p.m. 19 20 VOTE: UNANIMOUS 21 22 Penny Rich, Chair 23 24 25 Donna S. Baker 26 Clerk to the Board 27 28 Submitted for approval by David Hunt, Deputy Clerk to the Board. l 1 2 3 Attachment 4 4 5 DRAFT MINUTES 6 BOARD OF COMMISSIONERS 7 VIRTUAL BUDGET WORK SESSION 8 June 9, 2020 9 7:00 p.m. 10 11 The Orange County Board of Commissioners met for a Virtual Budget Work Session on 12 Thursday, June 9, 2020 at 7:00 p.m. 13 14 COUNTY COMMISSIONERS PRESENT: Chair Rich and Commissioners Jamezetta 15 Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price 16 COUNTY COMMISSIONERS ABSENT: 17 COUNTY ATTORNEYS PRESENT: 18 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County 19 Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will 20 be identified appropriately below) 21 22 Chair Rich called the meeting to order at 7:00 p.m. 23 Chair Rich said there has been an uptick of Covid-19 cases in the state and 24 Orange County. She encouraged anyone who is not feeling well to get tested. 25 Chair Rich said she has had conversations about the pandemic with the Mayors, 26 the Legislative Delegation, and Congressman Price. She said there are concerns about 27 schools resuming in the fall, and also about governmental entities meeting again face- 28 to-face. She said there is hope of more government funding to help with Covid-19 29 related expenses. 30 Chair Rich referred to the amended Orange County Emergency Declaration 31 effective Friday, June 12 at 5:00 p.m., which does require masks. 32 Commissioner Marcoplos referred to his and Commissioner Dorosin's proposed 33 community forum on racism and policing, which many thought may be discussed this 34 evening. He said the proposed resolution will be discussed on the June 16" agenda, 35 and the desire is to have the Sheriff's department as a full and equal partner. 36 Chair Rich said the Board of County Commissioners (BOCC) has been getting a 37 lot of emails about the Orange County Board of Commissioners defunding the police, 38 but the County does not have a police force. She said town police do not answer to the 39 BOCC, but rather to the local Mayors. She said in the County, the Sheriff is an elected 40 official, and does not answer to the BOCC. She said the County always works 41 collaboratively with the Sheriff's department, for example having body cameras. 42 Commissioner Dorosin said the community forum should happen soon, and 43 though the Sheriff is independently elected, the Orange County Board of 44 Commissioners controls his budget. He said there is much good being done, but also 45 much work yet to be done. 46 Chair Rich said she talked with the Sheriff before the Chapel Hill protest, and 47 invited him to attend the 161" meeting, in order to highlight some of the things the County 48 is doing. 49 50 Due to current public health concerns, the Board of Commissioners conducted a 51 Virtual Budget Work Session on June 9, 2020 utilizing Zoom. Members of the 52 Board of Commissioners participated in the meeting remotely. As in prior 53 meetings, members of the public were able to view and listen to the meeting via 2 1 live streaming video at orangecountync.gov/967/Meeting-Videos and on Orange 2 County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). 3 4 5 6 1. Discussion of FY2020-21 Operating Budget 7 8 Travis Myren and Bonnie Hammersley presented the following information: 9 10 • Funding Decisions on the Operating Budget Amendment List 11 . Funding Decisions on the Other Funds Budget Amendment List 12 • Funding Decisions for Chapel Hill-Carrboro City Schools and Orange County 13 Schools 14 o Current Expense (Per Pupil) 15 16 17 2. Discussion of FY2020-25 Capital Investment Plan 18 • Funding Decisions on the Capital Investment Plan Amendment List 19 • Accept FY2020-25 Capital Investment Plan and Approve the Intent to Adopt 20 Capital Funding for FY2020-21 21 22 3. Discussion and Decision on the FY2020-21 County Fee Schedule 23 24 25 4. Discussion and Decision on the FY2020-21 Tax Rates 26 i. Ad Valorem Tax- 86.79cents 27 28 ii. Chapel Hill-Carrboro City Schools Special District Tax 29 iii. Fire District Tax Rates 30 31 32 33 Amendment 001 and 002- 34 Commissioner Greene said the $20,000 is requested because the house needs 35 $30,000 by September 1, and a generous board member has a bought a house they 36 can lease, but they need $30,000 in the bank. 37 Commissioner Price said it is her understanding that the program applied 38 through the outside agency process, and did not make the cut. 39 Commissioner Greene said the program did not qualify because it had not 40 applied before, but their mission is so aligned with the justice work being done by the 41 County. She said there is so little reentry housing, and this is a more unique 42 organization. She said the requested money is for the rent, and the program plans for 43 its residents to be working and paying rent. She said this is start up funding. 44 Commissioner Price said the BOCC had an unofficial agreement to follow the 45 Manager's guidance. She said she supports the program, but her concern is the 46 $20,000 for a start up. She said she would like some sort of partnership for a year, to 47 insure it is sustainable. 48 Bonnie Hammersley said the outside agencies process was a little different this 49 year, and did not follow the typical formula. She said no new agencies were awarded 50 funding. She said if the Board approves this amendment, the program would have to 51 follow all outside agencies' processes and procedures. 52 Commissioner Price said she does not want it to look like the BOCC is giving 53 preferential treatment. She said perhaps the County could be more hands on in the 3 1 management of the funding, and this should be more of a partnership, as opposed to a 2 typical outside agency. 3 Chair Rich said she agreed with Commissioner Price, and does not want to give 4 funding to those who lobbied the BOCC, when others did not know that doing so was 5 even a possibility. 6 Commissioner Bedford said was originally leaning towards voting no, but the 7 entire process needs to be reviewed, due to covid-19. She said needs are more fluid 8 now, and she is making exception with this amendment and does support it. 9 Commissioner Dorosin asked if the social justice fund balance can be identified, 10 and if the funding need is time sensitive. He said it is a critical program that meets 11 social and justice needs. 12 Bonnie Hammersley said the balance is zero in 2019-20 budget. 13 Commissioner McKee said he will support the amendment, and the social justice 14 fund was created to give people a hand up. 15 Commissioner Greene said this program asked her a few months ago about 16 possibility of funding, and she suggested the outside agency process. She said she 17 could have just said for them to come forward and ask for funding from the social justice 18 fund. 19 Bonnie Hammersley said the BOCC should be careful that the social justice fund 20 does not become a bidding fund. 21 Commissioner Price said she tried to get funding for food programs years back, 22 and it was taken out of social services. She asked if this program could be a Covid-19 23 project, or be placed under the Criminal Justice Resource Department for the first year. 24 She said she would like to see this as a connection, and not just money. 25 Bonnie Hammersley said staff would always consider this program an outside 26 agency, and all are in partnership with the County. She said this contract, if passed, will 27 be assigned to a department head to insure County procedures are being followed. 28 Commissioner Price asked, if approved, the funds will be considered outside 29 agency or social justice. 30 Bonnie Hammersley said the funds would be transferred from the social justice 31 fund into this program, under the outside agencies. 32 Commissioner Marcoplos said he recognizes the need to be true to the outside 33 agency process, but this is the type of program for which the social justice fund was 34 created. 35 Chair Rich said she supports the program, but it should be following the outside 36 agency process. She said there are many agencies that need funding, but did not 37 receive it. She said second chance lobbying feels uncomfortable, and she feels guilty 38 that other programs may have missed out because of not lobbying for funds. 39 40 A motion was made by Commissioner Greene, seconded by Commissioner 41 Dorosin to approve the amendment 42 43 VOTE: Ayes, 6; Nays, 1 (Chair Rich) 44 45 AMENDMENT 003- 46 Commissioner McKee said he wants to rescind the Board's raises, especially in 47 light of Covid-19. He said it is the least the BOCC can do. 48 Commissioner Bedford agreed, and the BOCC wants to be leaders and show 49 solidarity with the employees by having no raises in budget. 50 51 A motion was made by Commissioner Bedford, seconded by Commissioner 52 McKee to approve the amendment 53 54 VOTE: Ayes, 6; Nays, 1 (Chair Rich) 55 4 1 Amendments 004, 005, 006, 007, 008, 009, 010 2 Commissioner Marcoplos said his thought was to start with Amendment 004: the 3 National Association of Counties (NACo). He said the information he receives from 4 NACo does not help him as a commissioner. He said he would like to see these dues 5 reallocated to the social justice fund. 6 Commissioner McKee said he feels the same about all of these entities: he does 7 not get a lot individually, but the County does receive benefits. He said the cost of the 8 memberships is very small, and he sees greater benefit in remaining a member of each 9 entity. 10 Commissioner McKee said he will oppose defunding each of these 11 memberships. 12 Commissioner Dorosin said these organizations provide different levels of 13 support to the County. He said he sees limited benefit from NACo, and North Carolina 14 Association of County Commissioners (NCACC); but the Triangle J Council of 15 Governments (TJCOG) and the School of Government (SOG) are closer to the County's 16 regions and needs, and provide valuable resources. He said he would like to know 17 more about what is actually received for each of these fees, and any savings are good 18 savings, if the expense is not providing value. 19 Commissioner Greene said she knows nothing about NACo. 20 Chair Rich said she is the Board's representative to NACo this year, and in the 21 past she was on the telecommunications committee, and became frustrated with the 22 organization. She said NACo does provide some value if one attends NACo 23 conferences for specific areas. 24 Commissioner Price said one gets out of NACo what one puts it into it. She has 25 been involved in different committees, and NACo is basically a lobbying organization. 26 She said one area of great impact was in housing funding, as well as arts and culture 27 being recognized as an economic driver. She said NCACC works in conjunction with 28 NACo and SOG, and the trainings offered by these entities are very valuable. 29 Bonnie Hammersley said from a staff viewpoint, NACo is directed toward elected 30 officials. She said NACo and NCACC are lobbying organizations, one on the national 31 level and one on the state level. 32 Commissioner Greene said the amount is under $3000/year, and Commissioner 33 Price's comments are helpful. She said many Commissioners are more conservative, 34 and the Orange County BOCC is typically not, and being heard is important. 35 Commissioner McKee agreed with Commissioner Greene, and said it is 36 important to continue to have a voice. 37 Commissioner Marcoplos said he does not think the BOCC has an impact on the 38 rural/urban divide by being a part of NACo, but perhaps it does by being a part of 39 NCACC. 40 41 A motion was made by Commissioner Marcoplos, seconded by Commissioner 42 Dorosin to defund NACo. 43 44 VOTE: Ayes, 2 (Commissioner Marcoplos and Commissioner Dorosin); Nays, 5 45 (Commissioner Price, Chair Rich, Commissioner Greene, Commissioner Bedford, 46 Commissioner McKee) 47 48 Amendment 006/007 49 Commissioner Marcoplos said he would like to know more about what benefits 50 are received from the SOG, and if it is useful. 51 Commissioner Dorosin asked if staff could identify what the $17,000+ dues are 52 for. 53 Bonnie Hammersley said she believes it is considered a contribution, as opposed 54 to a membership, and from a staff level, it is very valuable to local governments. 5 1 Commissioner Dorosin said asked if there is a process to determine the amount 2 of contribution that is made to the SOG. He said making a contribution does not 3 translate into reduced fees for conferences, and the SOG's mission is to serve the state 4 of North Carolina, and he thinks the school would offer help to anyone who calls, 5 regardless of having made a contribution or not. 6 Paul Laughton, Finance and Administrative Services, said population determines 7 the amount. 8 Chair Rich said she uses the SOG all the time, and it is a valuable resource. 9 Commissioner Dorosin said one can take classes even if not a contributor, and 10 this is a contribution to the University system, and maybe this year it would be wise to 11 cut the amount by $10,000. 12 Commissioner Greene asked if all are sure that one can take courses/training if 13 one is not a contributor. She said she thinks it is a great institution. 14 Commissioner Marcoplos said he is in favor of supporting the SOG, but 15 suggested reducing the contribution by $10,000 this year, due to Covid-19. 16 Commissioner Price said it is a valuable program, and the SOG is highly rated 17 throughout the country, and she would be hesitant to cut this funding without knowing 18 what this money is used for before. 19 Commissioner Dorosin said the SOG is a valuable resource, but it is supported 20 by the State, is a part of the University system, and it charges fees for its courses. 21 Bonnie Hammersley said she was sent information from a staff person, which 22 she read, and it defined the County funds as "membership dues". She said staff can 23 find out more and let the Board know. 24 Commissioner Bedford said, as a new commissioner, she found the orientation 25 very beneficial, and she took another course and felt the same. She said she will not 26 support this amendment. 27 Commissioner Price said the classes that are made available to the BOCC are 28 conducted specifically for elected officials. She said these funds help defray the costs 29 of their resources, and she will vote against the amendment. 30 Commissioner McKee said it is important to focus on the amendment, rather 31 than making amendments to amendments. He said the funding supports the SOG. He 32 said it is done fairly, and he will not support this amendment. 33 Paul Laughton said the Orange County Board of Commissioners does have a 34 contingency amount, and this item could be placed there while staff gathers more 35 information and the BOCC could make a final decision in the fall. 36 37 A motion was made by Commissioner Marcoplos, seconded by Commissioner 38 Dorosin to endorse being connected to the SOG, but due to this being a Covid year to 39 defunding by $10,000 and put funds in the Orange County Board of Commissioners 40 Contingency fund and paying the remainder to SOG, while ascertaining if we have the 41 access to their resources, and if need be pay the rest to the SOG. 42 43 Commissioner Greene said the funding amount is determined by the SOG's 44 funding model, and this amendment does not seem equitable. 45 Chair Rich said it is important during this time to find exactly what the funds are 46 being used for. 47 48 VOTE: Ayes, 2 (Commissioner Marcoplos and Commissioner Dorosin); Nays, 5 49 (Commissioner McKee, Chair Rich, Commissioner Price, Commissioner Greene 50 Commissioner Bedford) 51 52 Amendment 009/010 - Defund NCACC 53 Commissioner Marcoplos said he has attended a few NCACC conferences, and 54 would like to know NCACC's impact on the legislature. 6 1 Commissioner Bedford said NCACC provides an opportunity to work across the 2 aisles, and this group directly benefits counties. 3 Commissioner Greene said Attorney General Stein was approached about the 4 opioid legislation, and any possible payout, he approached the NCACC for ideas and 5 partnership. She said there is value in this membership. 6 Commissioner Marcoplos pulled the amendment. 7 8 Amendment: 011 -TJCOG 9 10 Commissioner Marcoplos pulled the amendment. 11 12 Amendment 012/013— debt service 13 Travis Myren said these amendments are revisions of staff expectations, and the 14 County is enjoying lower interest rates than expected. 15 Commissioner Dorosin asked if the allocation of these saved funds could be 16 identified. 17 Travis Myren referred to the bottom of the pink sheet, and said the balance 18 would be $191,140. He said if these funds remain undesignated, the default action 19 would be to reduce the amount of general fund being used to balance the budget. 20 Commissioner Dorosin said the County would take less out of the fund balance, 21 as opposed to having an extra $191,140 to use for other things. 22 Travis Myren said there is this additional funding should the BOCC choose to 23 allocate it. 24 Bonnie Hammersley said it is the fund balance, and not the reserve. 25 26 A motion was made by Commissioner Bedford, seconded by Commissioner 27 Price to approve this amendment. 28 29 VOTE: UNANIMOUS 30 31 Amendment 014 32 Chair Rich said the County is not delivering the sound basic education to all of 33 the students in the County, and one example is lack of Internet. She gave examples of 34 how remote learning has not worked for many students. She said the Article 46 sales 35 tax revenue will be reduced, so there will not be as much funding available for 36 technology. She said minority communities will be most affected by this, and the Board 37 of County Commissioners (BOCC) should help, in order to hold the schools harmless as 38 they determine how to navigate these unusual times. She said the schools have 39 provided the devices in many cases, but this equipment is useless without access to the 40 Internet. She said without this fund, the BOCC is doing a disservice to the community, 41 and is not providing an equitable education to all in the County. 42 Commissioner Price asked if anyone will be accountable for this funding, and if 43 there is a reason that the monies are not going directly to the schools. She said she 44 does not see how this will help, and if students do not have broadband, this funding will 45 not provide broadband. 46 Commissioner Price said the Board does need to review its agreement with the 47 library, but she does not want to cut the funds to the Chapel Hill Library as the funding is 48 for the programs. She said libraries were one of the first steps to desegregation, and 49 libraries continue to give access to all, and are the hub of equity. She said she does not 50 see the point in the amendment, and will vote against it. She said additional funding will 51 be needed by the schools, and hot spots are a very expensive band aid. 52 Chair Rich said the emergency education fund is to help with broadband, and is 53 for the County to help the schools for additional technology needs. 54 Commissioner Price said the County cannot lay broadband lines. 7 1 Chair Rich no, the County cannot do that, due to the general assembly. She 2 said if the County goes back into lock down, students will not be able to get to the 3 library. 4 Commissioner Price said she does not understand how this funding will help. 5 Chair Rich said the funds could be used in many creative ways, such as lighting 6 up a bus and sending it in to a neighborhood. She said children without Internet access 7 are going to fall behind, and this funding is to help address the gap. She said the 8 County is responsible for these children's education. 9 Commissioner Bedford said she appreciated the concerns for the students, but 10 she does not think cutting the library fund is the best way to meet the need. She said 11 Chapel Hill-Carrboro City Schools (CHCCS) has a large fund balance that could be 12 tapped into. She said the rural schools do not have as much excess funding, but there 13 is some, as well as expected relief funding from the CARES Act. She said she would 14 leave the library funding alone, and use the $191,000 to set up a reserve, if necessary. 15 Commissioner Marcoplos asked if Chair Rich envisions using these funds for 16 things other than just technology, as there will be so many emergency needs that will 17 arise going forward. He said an emergency fund is a good idea. 18 Commissioner Dorosin echoed Commissioner Marcoplos and Commissioner 19 Bedford, and said he liked the conversation being started about this amendment. He 20 said the Southern Library will be coming on line in a couple of years, and there has to be 21 a conversation about the Chapel Hill library and the County libraries, as the user 22 numbers will likely shift greatly with the new library being available. He said he also 23 likes the idea of an emergency education fund in these unusual times, and agrees there 24 will be many needs, not just technology. He said the County has been giving money to 25 the Chapel Hill library, which has been closed for the past three months, and asked if 26 there are any savings to be realized there. 27 Commissioner Greene said an equitable fund is needed now, but may not be 28 needed in a couple of years. She said she would not be in favor of cutting library 29 funding now, and there should be ongoing discussions in the fall. 30 Chair Rich said the Board has no agreement with Chapel Hill regarding the 31 library now, because the agreement ran out in 2015. She said the library was going to 32 ask the BOCC for more money this budget season, and that is why she started doing 33 some research on this issue. She said it is important to understand circulation numbers, 34 rather than active member numbers. She said the Board gives a lot of money to the 35 library (over$500,000), and has no say in how it is spent, and there is no interoperability 36 between the County and the City libraries. She said the Chapel Hill library is a great 37 resource for those in the southern part of the County, but an education fund that is 38 managed by the County is needed to serve all children. She said the Board must deliver 39 a sound basic education to every child in the County, and right now the Board is failing 40 to do so. 41 Commissioner McKee said the agreement that continued on after 2015 was by 42 default. He said the members of the Chapel Hill Board and Orange County Board of 43 Commissioners need to sit down and figure out what should Orange County pay. He 44 said he would rather do this by negotiation, and not by budget amendment. 45 Commissioner Greene said she was last involved in discussions in 2015, from 46 the Chapel Hill side, and she thought the conclusion at that time was to have seamless 47 integration between the library systems. She said she is surprised that this has not 48 happened. She said the problem with broadband is acute, but that is a separate issue 49 from the library. 50 Commissioner Price said there has been some interoperability. She said she 51 feels that this amendment is not spelled out enough for her. She said she does support 52 an emergency fund for education, but if students can have access to the library, there 53 are many resources available. She said the BOCC should talk with the school boards to 54 determine how best to meet their emergency needs, but using library funds is not the 8 1 way to proceed. She said conversations with the town library are important to have, and 2 funding likely will decrease as the southern branch comes online. 3 Chair Rich said she spoke with school leadership, and students need to simply 4 have access to the Internet. She said until all students can access the Internet, the 5 County is not serving children equitably. 6 Commissioner Price said she asked the schools if more hot spots are needed, 7 and the schools said no. She said teachers need to be involved in the conversation 8 about what is really needed. 9 Commissioner Bedford said Verizon has a program to help students without 10 access. 11 Commissioner Bedford said there needs to be a work group, before spending 12 money on the southern library. She said discussions about interoperability are very 13 important. 14 15 A motion was made by Chair Rich, seconded by Commissioner Marcoplos to 16 approve Amendment 014. 17 18 VOTE: Ayes, 2 (Chair Rich and Commissioner Marcoplos); Nays, 5 19 (Commissioner McKee Commissioner Price Commissioner Greene Commissioner 20 Bedford Commissioner Dorosin) 21 22 Commissioner McKee said the idea of an education fund is important, and he 23 would support using the funds generated by the quarter cent climate mitigation tax for 24 this purpose. 25 Chair Rich thanked Commissioner McKee, but said she will not make such a 26 motion. 27 Commissioner Dorosin said he hopes staff is keeping track of all the issues on 28 which the BOCC needs to follow up in the fall. 29 30 Amendments 017/018/019/020 31 32 A motion was made by Commissioner Bedford, seconded by Commissioner 33 Price to approve Amendments 017/018/019/020. 34 35 Commissioner Dorosin asked if there is a reason that tracking software costs 36 $35,000, and if this would be a pre-existing program, or one being made from scratch. 37 Travis Myren said software can be very expensive, and this cost is relatively low, 38 comparatively. He said the base software already exists, but it would need 39 modifications. 40 Commissioner Marcoplos asked if this funding will come from a particular area. 41 Travis Myren said it would be counted against the debt service savings. 42 43 VOTE: UNANIMOUS 44 45 Amendment 021 46 Travis Myren said Commissioner Marcoplos proposed an amendment to fund a 47 phase 2 feasibility study of operations and maintenance of a skilled construction trades 48 center. 49 Commissioner Marcoplos explained the center, and said it has been discussed 50 for well over a year, with many stakeholders. He said the County awarded $25,000 51 previously for an initial study, which was very informative. He said the next steps are to 52 identify which grants are the most promising to fund some of the option identified in the 53 initial study. He said time is of the essence, due to the availability of Covid-19 funding, 54 and this could very advantageous to the progress of this project. He said these funds 55 would pay for a study of the grant landscape, and getting some work done on a grant or 9 1 two. He said the amount would not exceed $25,000, and this is a great opportunity with 2 well-recognized needs. 3 Commissioner Price asked if anyone else is putting funding into this, and who is 4 involved. 5 Commissioner Marcoplos said Durham Tech, the school systems, UNC facility 6 manager, builders and developers in the area, homebuilders associations, etc. are 7 involved. 8 Commissioner Price asked if any of these entities are providing matching funds. 9 Commissioner Marcoplos said no. 10 Commissioner Price said she was interested in the funding. 11 Commissioner Marcoplos said he is not aware of any identified funds at this time 12 other than the County's funding. 13 Commissioner Bedford said the proposal sounds very interesting, but she would 14 prefer to wait until September to discuss it. She said it is hard to write grants when the 15 option has not been determined. 16 Commissioner Bedford said if the process does move forward, she would 17 support hiring a professional grant writer, but that is getting ahead of themselves. She 18 said it is premature to look at grant funds, when it is not clear what is needed and what 19 is the best option to pursue. 20 Commissioner Marcoplos said he disagreed, and if the BOCC reads the report it 21 would be able to see the options have been narrowed down to just a few viable ones. 22 He said the first step is to know which grant opportunities are worth pursuing, and the 23 initial report writer has grant writing experience, as well as connections to this 24 community. He said the Covid funding could be crucial to jump starting this project. 25 Commissioner Bedford said she read the report, and there are four options. 26 27 A motion was made by Commissioner Marcoplos to approve Amendment 021. 28 29 Commissioner Greene said she has not had a chance to read the full report, and 30 the pros and cons are not clear to her. She said she would be happy to consider it in 31 the fall. 32 Commissioner Marcoplos said the report was sent out a while ago, and he 33 should have flagged it more strongly to have the BOCC read it. 34 35 NO SECOND 36 Motion failed. 37 38 Commissioner McKee asked if staff could monitor these Covid-19 grants. 39 Chair Rich said staff is already doing so, and tracking all Covid related expenses 40 and funds is critical. 41 Commissioner McKee said he meant to monitor the grant deadlines, and bring 42 this topic back in September. 43 Commissioner Marcoplos encouraged everyone to sit in on these meetings, to 44 observe the level of commitment and progress. 45 46 School Amendments — none 47 48 Commissioner Dorosin asked if the BOCC wants to make a motion to use the 49 $191,000 for schools. He said he would be open to give these monies to the schools, 50 with a 60/40 split. 51 52 A motion was made by Commissioner Dorosin, seconded by Commissioner 53 Greene to give the $191,000 to the schools at the 60/40 split. 54 10 1 Commissioner Bedford said given the schools' fund balances, she would suggest 2 moving the monies to the social justice fund. 3 Commissioner Price asked if the 2020-21 social justice fund balance could be 4 identified. 5 Travis Myren said $180,000, given Commissioner Greene's earlier amendment. 6 Commissioner McKee said given the uncertainty in the world, he would endorse 7 Commissioner Bedford's suggestion to move monies to the social justice fund. He 8 asked Commissioner Dorosin if he would accept a friendly amendment. 9 Chair Rich said to take a vote on the existing motion first. She said she would 10 support this for the schools to use for emergency needs, especially broadband. 11 Commissioner Bedford said to let the schools use these funds as needed with no 12 limitations. 13 Chair Rich said yes, absolutely. 14 Commissioner Bedford said she assumes there will be nutritional needs in the 15 fall. 16 Commissioner Price said she will support this if the schools are able to use the 17 funds as they best see fit. 18 Chair Rich said these funds would hold the schools harmless with the article 46 19 tax, which makes her feel better. 20 21 VOTE: UNANIMOUS 22 23 CAPITAL BUDGET AMENDMENTS - green sheet 24 Amendment 001 25 26 Travis Myren said there are two amendments that are very similar, and there are 27 three columns that lay out the ways to achieve the amendments' goals. 28 Commissioner Price said Durham Tech will be critical to getting through, and 29 past, this pandemic, as community colleges fill many roles. She said she does not want 30 to touch the conservation easements, and is unsure of the technology needs. She said 31 she is open to suggestions for years 2 and 3. She said it may not be necessary to 32 spend the entire $1 million in year 1, and she just wants to get the process started. 33 Commissioner Dorosin said he and Commissioner Price have the same goal, 34 and the differences lie in the projects each is proposing to delay to accomplish the goal. 35 He said both are seeking to offer offsetting savings for the moved up costs. He referred 36 to the total impacts, and his is $26 million, which is dollar for dollar offset. He said if 37 there is interest in moving the project up, the BOCC could vote first on the areas where 38 he and Commissioner Price agree, and then go through the differences. He, too, said 39 he is open to suggestions for how to find offsetting costs. He said he sent an 40 amendment to his amendment, which reduces the amount funding taken from lands 41 legacy and conservation easements. He echoed Commissioner Price's comments 42 about the critical role of community colleges in a post Covid world, and said Orange 43 County needs to be poised to serve the needs. He said this amendment directly 44 impacts issues of racial and social justice, as most of Durham Tech's students are 45 students of color, and many receive financial aid. He said Durham Tech must be 46 considered as an equally important part of Orange County's educational system. He 47 said many students will be seeking cost effective alternatives to four year institutions, as 48 well as vocational training, and retraining. 49 Commissioner Dorosin said Durham Tech recently hired a new president, and its 50 board is eager to see growth in Orange County. He said the Orange County campus is 51 unique, with the UNC Hospital being located across the street. He said all factors 52 combined make this is a unique opportunity for valuable investment. He said the BOCC 53 can always revisit the project for any reason, if a pause or change is needed, but it is 54 important for the BOCC to make a commitment. He said Orange County has been, and 11 1 will continue to be, committed to land preservation, and he thinks it is time to show equal 2 commitment to this type of education. 3 Commissioner Price said Orange County has a unique relationship between 4 education and economic development, and this conversation about another building has 5 been ongoing for years, and even more so when the hospital was built. She said 6 earning a GED is free at Durham Tech, and affords many people a wonderful 7 opportunity. She said students can transfer credits to a four year college, which levels 8 the playing field for many who could not afford the traditional college route. 9 Commissioner Marcoplos said he recognizes the dire need for vocational 10 training, and would like to see this project move forward. He said he would like to find a 11 way to get the planning done, but maybe look at the rest of the funding thereafter. He 12 said the Board does not know what the implications of taking funding from these 13 different other CIP projects would have, and he would never support taking funding from 14 lands legacy. 15 Commissioner McKee said he appreciated both Commissioner Price and 16 Dorosin's efforts, but the BOCC needs to spend more time discussing these proposals, 17 as there are many projects he will not defund. He said he would support delaying this 18 discussion until the fall for next year's budget, because of all of the uncertainty around 19 the County's finances, and the economy at large, due to Covid. He said he fully 20 supports vocational training, but he cannot support these proposed offsetting costs. 21 Commissioner Greene said she has come to believe that this issue should be 22 made more urgent, and she appreciates Commissioner Dorosin's reduction in the 23 conservation offsets, but that is probably the only offset she cannot support. She said 24 she can support a pause on parks, but wants to know if this amendment can be 25 achieved without touching the lands legacy and conservation easement monies. 26 Commissioner Price said her plan does not take funding from the lands legacy or 27 conservation easements. She said she took funds from areas that seemed able to wait. 28 She said she does not want to defund the parks, but rather wants to delay them. She 29 said the parks already exist, and she is proposing delaying modifications to them. She 30 said delaying the parks will not close them down. She said she was unsure about years 31 2 and 3, but staff said numbers needed to be plugged in. She said the future is 32 uncertain, and she is open to suggestions. 33 Commissioner Bedford said she in her first year as a Commissioner, the 911 34 center moved multiple times, and the link center is condemned. She said there needs to 35 be some wiggle room for the upcoming hurricane season. She said the County is about 36 to do a study of County needs, which is important, and she would prefer to wait until that 37 is completed before a plan is made. She said she would like to have all needs 38 integrated into the County budget. She said post secondary education is in transition, 39 and much more will be known in a year, and she would prefer to wait and see, as well as 40 allow the new president time to get acclimated to the role and the community. She said 41 the budget has no wiggle room, and any delays that can be put in place to allow staff 42 flexibility are important. She said she does not think the County can afford to do this 43 right now, and the BOCC should be cautious. She said there are more immediate ways 44 to help those negatively affected by Covid, and she will not support this amendment. 45 Commissioner Marcoplos said Twin Creeks has not been built yet, and has been 46 on the books for 13 years. He said Governor Cooper wants to put an education 47 referendum on the ballot, which likely will not happen this year, with $5 million going to 48 Durham Tech. He said would support doing the study now. 49 Commissioner Greene asked if there is a response from Durham Tech about the 50 possible transition to more online learning being needed in the future. 51 Commissioner Dorosin said online learning is evolving, but additional physical 52 capacity will still be needed at the Orange County Campus. He said the County needs 53 to make a commitment in order to have the voice it wants on the Durham Tech board. 54 He said he provided offsetting cuts to be able to afford this project. He said saving 55 money in the capital budget does not put the money in the operating budget. 12 1 Commissioner Dorosin referred to Commissioner McKee's concern about not 2 being able to pause once started, and he disagreed. He said the process can be 3 paused at any time, if necessary. He referred to the uncertainty of the County's 4 finances, and said the financial commitment is the same whether the Board approves 5 the Manager's recommended budget or approves this amendment, which has a dollar 6 for dollar substitution for the costs. He said parks are a priority but so is the community 7 college. He said he would like to start this project, and changes can be made as 8 necessary, as with every project. 9 Chair Rich said she would like to support this, and feels Durham Tech is a top 10 priority. She asked if the BOCC does not use land legacy or conservation monies, from 11 where would the funding come. She said using funds from this area is her only concern 12 on this proposal. 13 Commissioner Dorosin reminded the BOCC that he is no longer recommending 14 as much funds be removed from lands legacy and conservation. 15 Commissioner McKee said this discussion is complicated, and should be had in 16 the fall. He said the BOCC can pause a project, but he does not think the BOCC should 17 start a $26 million project without planned follow through. He said the Board is talking 18 about accelerating this project, not delaying it. 19 Commissioner Bedford said canceling a CIP project from this year does not free 20 up monies until the following year. She said the same underserved population that is 21 served by Durham Tech, also use the parks, and she is not willing to make the trade off 22 with the parks funding. 23 Commissioner McKee asked Commissioner Dorosin if he could identify from 24 where the other $14 million is coming. 25 Travis Myren referred to slide 16, and said in years 4 and 5, there is $4 million 26 plus the $3 million, plus a few additional projects that Commissioner Dorosin removed, 27 which Commissioner Price did not. 28 Commissioner McKee said it moves the savings out additional years. 29 Travis Myren said yes. 30 Commissioner McKee asked if taxpayers can be assured in future years that the 31 BOCC will accrue the savings, rather than impose a tax increase. 32 Commissioner Dorosin said that is true every year, and it has no bearing on the 33 amendment. 34 Commissioner McKee said if you are going to cut it half, and delay it, it seems 35 moot. 36 Commissioner Dorosin said it takes out $26 million, and it adds $26 million. 37 Commissioner McKee said there is no guarantee that the $26 million will stay 38 out. He said he does not want to the Board to talk about offsetting costs with savings, 39 without assurances of the savings. 40 Commissioner Dorosin said that cannot be assured any year. 41 Commissioner McKee said his point is that the discussion should be held later in 42 the year, to allow for in depth discussion, and public input. He said he supports the 43 project, but does not want to accelerate it. 44 Travis Myren put up slide 17. 45 Commissioner Dorosin said the slide shows that this is a fiscally responsible 46 proposal. 47 Chair Rich said the BOCC should try and reach a conclusion on this discussion. 48 She asked if the lands legacy and conservation cuts be identified. 49 Commissioner Dorosin said his most current proposal includes $1.25 million from 50 these areas. 51 52 A motion was made by Commissioner Dorosin, seconded by Commissioner 53 Price to add CIP amendments 001/007. 54 13 1 VOTE: Ayes, 4 (Commissioner Dorosin, Commissioner Price, Commissioner 2 Greene, Chair Rich); Nays, 3 (Commissioner Bedford, Commissioner McKee, 3 Commissioner Marcoplos) 4 5 Amendments 002/009 6 7 A motion was made by Commissioner Dorosin, seconded by Commissioner 8 Price to approve these amendments. 9 10 VOTE: Ayes, 4 (Commissioner Dorosin, Chair Rich, Commissioner Price, 11 Commissioner Greene); Nays, 3 (Commissioner Bedford, Commissioner 12 Marcoplos, Commissioner McKee) 13 14 Amendments 003/011 15 16 A motion was made by Commissioner Dorosin, seconded by Commissioner 17 Price to approve these amendments. 18 19 VOTE: Ayes, 4 (Commissioner Dorosin, Chair Rich, Commissioner Price, 20 Commissioner Greene); Nays, 3 (Commissioner Bedford, Commissioner 21 Marcoplos, Commissioner McKee) 22 23 A motion was made by Commissioner Dorosin to approve this amended 24 amendment - slide 13 - the projects listed in his column to be delayed. 25 26 Chair Rich proposed a friendly amendment to take out conservation easements. 27 28 A motion was made by Commissioner Dorosin, seconded by Commissioner 29 Greene to approve these amendments with the conservation easements removed. 30 31 VOTE: Ayes, 3 (Chair Rich, Commissioner Greene, Commissioner Dorosin); Nays, 32 4 (Commissioner Price, Commissioner Bedford, Commissioner McKee, 33 Commissioner Marcoplos) 34 35 Commissioner Price said she is not comfortable taking monies out of IT. 36 Commissioner Dorosin proposed taking $500,000 out of IT instead. 37 Commissioner Price asked if IT needs could be identified. 38 Travis Myren said there are three things going on: cybersecurity, laptop 39 replacements, and routine upgrades. 40 41 A motion was made by Commissioner Dorosin, seconded by Commissioner 42 Price to approve that column and revising the cut to IT to $500,000. 43 44 VOTE: Ayes, 4 (Commissioner Price, Commissioner Dorosin, Chair Rich, 45 Commissioner Greene); Nays, 3 (Commissioner Bedford, Commissioner McKee, 46 Commissioner Marcoplos) 47 48 A motion was made by Commissioner Dorosin, seconded by Commissioner 49 Greene to make the delays in the Dorosin column, with lands legacy taken out (slide14). 50 51 Commissioner Price asked if the IT funding is additional to the previous motion. 52 Paul Laughton, Financial and Administrative Services, said yes, and it is software 53 and infrastructure upgrades, cyber security, and equipment replacements. He said year 14 1 staff has regular IT updates and maintenance to keep up to date. He said the motion 2 would reduce IT greatly. 3 Commissioner McKee said the Board cannot continue to strip the IT budget, and 4 the Board is entering down a rabbit hole here. 5 Commissioner Greene said she shares the same concern, and withdrew her 6 second. 7 Commissioner Price said she cannot support it. 8 9 No second 10 MOTION FAILS 11 12 Commissioner Price asked if the Board is locked into $26 million. 13 Commissioner Dorosin said the Board just voted to approve it. 14 Bonnie Hammersley said the amount is up to the board. 15 16 A motion was made by Commissioner McKee, seconded by Commissioner 17 Marcoplos to table this item until second meeting in September so this topic can be fully 18 researched. 19 20 Chair Rich said the Board has passed many of these things. 21 Commissioner McKee said the Board has passed them, but not funded them. 22 Commissioner Dorosin said the Board has already voted affirmatively, and 23 cannot undo that vote. He said the Board can vote against it at the June 16 meeting 24 during the final budget vote. 25 Commissioner McKee said the Board needs to have a much less convoluted 26 process and discussion. He said two different scenarios have been proposed, and the 27 Board is trying to mix and match to find a way to fund these approved changes. He said 28 a Commissioner who voted favorable to move the projects up could make a motion to 29 rescind that vote, thus allowing the BOCC to table to discussion. 30 Commissioner Dorosin said the BOCC would need to revote in order to table the 31 discussion with the delays on year one. He said he would like the Board to review the 32 slide with his proposed cuts, and have the Board vote on each one, up or down. 33 Commissioner McKee said Commissioner Dorosin is pushing an item that does 34 not have a plan to bring it to fruition. 35 Commissioner Marcoplos said he would like to support the Durham Tech 36 expansion, but he wants to understand the implications of each of these cost offsets, 37 and how they will impact the community. He said he would like to review each proposed 38 cut, so that he can be fully informed on the rationale for his vote. He said this will likely 39 take a few work sessions. 40 Chair Rich said the Board already passed pushing this forward, as well as the 41 first year of funding. 42 Commissioner Greene said the question is if the Board has to commit the money 43 now, or can it do so after the budget is approved. 44 Travis Myren said the Board can approve the appropriation of year one, and 45 accept the rest of the plan, which can always be amended in September. 46 Chair Rich said the Board has approved year one to move up, etc. 47 Bonnie Hammersley said the Board has also approved $14 million and $11 48 million in years two and three. She said if the Board is going to offset these amounts, it 49 needs to do before the County goes out for borrowing, otherwise the rating agencies will 50 see this negatively. She said rating agencies will not be contacted until spring 2021, so 51 the Board could make changes in the fall. She said without these amounts being offset, 52 the rating agencies will expect to see a tax increase in future years to cover the costs. 53 Commissioner Greene suggested holding some work sessions before June 301" 54 the final date by which the Board must have an approved budget. 15 1 Commissioner Marcoplos said if the BOCC can fund the planning, and defer the 2 cuts, he would be supportive. 3 Commissioner Dorosin said the Board has already covered year one. 4 Commissioner Price asked if the Board could finish years 2 and 3 in September. 5 Bonnie Hammersley said yes, as long as a plan can be in place prior to the 6 County going out for borrowing. 7 Travis Myren said the Board should be mindful that if just the planning is in the 8 budget, the Local Government Commission (LGC) will not allow the County to borrow for 9 just the planning, unless there is a capital project following, so the Board will need the 10 full plan to be resolved in the fall. 11 Commissioner Price asked if the park monies would stay in the budget until next 12 week. 13 Travis Myren said yes. 14 Chair Rich said to come back in September to find the money. 15 Commissioner Bedford asked if it is allowed to do year one now, and put the 16 year 2 and 3 in years in years 6 and 7 of the CIP, so that the BOCC can adopt a CIP; or 17 does the LGC require the BOCC to have a plan that includes three sequential years. 18 Travis Myren said the Board would have to have the project budgeted within a 19 reasonable time, and spring would be sufficient. He said the Board cannot put the rest 20 of the project in years 6 and 7. 21 22 A motion was made by Commissioner Price to come back in September to work 23 out the funding for years 2 and 3. 24 25 Commissioner Dorosin asked if the Board cut $1 million out of year one. 26 Commissioner Price said yes. 27 Commissioner Marcoplos asked if he could be reminded of how this $1 million 28 was accounted for. 29 Travis Myren showed slide 13, with offsetting cuts in the morgue, partial IT, etc. 30 31 Commissioner Greene seconded the motion. 32 33 Commissioner Marcoplos said he cannot support any of these cuts without more 34 discussion. 35 Chair Rich said these cuts have already passed. 36 Commissioner Marcoplos said he is uncomfortable with the haste of these 37 discussions. 38 Chair Rich said the Board is voting on what was passed tonight, including cuts, 39 and having more discussion in September. 40 Commissioner McKee said this is crazy. 41 Commissioner Bedford clarified that the Board is required to pass a balanced 42 budget. 43 Bonnie Hammersley said the Board only passed year one. 44 Commissioner McKee asked if year one is balanced. 45 Bonnie Hammersley said yes. 46 47 VOTE: Ayes, 3 (Commissioner Price, Chair Rich, Commissioner Greene); Nays, 4 48 Commissioner Bedford, Commissioner Marcoplos, Commissioner McKee, 49 Commissioner Dorosin 50 51 Impasse 52 53 Commissioner Dorosin reiterated his suggestion of going line by line. 54 No Board members were interested in doing so. 16 1 Commissioner McKee respectfully requested one of the affirmative voters, to 2 move the project to years 1, 2 and 3, rescind the motion to move the project up. 3 Commissioner Dorosin said he would change his vote on the previous motion. 4 5 Motion again to move it. 6 7 A motion was made by Commissioner Price, seconded by Commissioner Greene 8 to move the discussion of years 2 and 3 to September. 9 10 VOTE: Ayes, 4 (Commissioner Dorosin Commissioner Greene Commissioner 11 Price Chair Rich); Nays, 3 (Commissioner Bedford Commissioner McKee 12 Commissioner Marcoplos) 13 14 Slide 18- Travis Myren — no amendments to County Fee schedule 15 Fund ($20,000)to support a new nonprofit Reentry House Plus, Inc. that CommissionerOutside is in the process of 20-210P-001 Greene Agencies opening a reentry $20,000.00 $20,000.00 house for men emerging from their sentences at Orange Correctional. Use $20,000 from the Social Justice 20-21 OP-002 Commissioner Human Fund to support the $(20,000.00 $0.00 Greene Services new nonprofit Reentry House Plus, Inc. 17 Repeal the salary increase for Commission Commissioners 20-21OP-003 er Bedford BOCC effective December $(12,710.00) ($12,710.00) Commission 1, 2020. The cost er McKee is $12,710.00 including FICA and retirement. Eliminate funding for Commission the National 20-21OP-004 er Marcoplos BOCC Association of $ (2,666.00) ($15,376.00) Counties (NACo) membership dues. Direct funds Commission Human allocated for NACo 20-21OP-005 er Marcoplos Services memberships dues $ 2,666.00 ($12,710.00) to the Social Justice Fund. Eliminate funding for Commission the UNC School of 20-21OP-006 er Marcoplos BOCC Government (UNC- $ (17,168.00) $ (29,878.00) SOG) membership dues. Direct funds Commission allocated for UNC- 20-21OP-007 er Marcoplos Human Serices SOG memberships $ 17,168.00 $ (12,710.00) dues to the Social Justice Fund. Eliminate funding for the North Carolina Commission Association of 20-21OP-008 er Marcoplos BOCC County $ (12,755.00) $ (25,465.00) Commissioners (NCACC) membership dues. 20-21 OP-009 Commission Human Direct funds $ 12,755.00 $ (12,710.00) er Marcoplos Services allocated for NCACC 18 memberships dues to the Social Justice Fund. Commission Eliminate funding for 20-21 OP-010 er Marcoplos BOCC the Triangle J $ (22,213.00) $ (34,923.00) membership Direct funds Commission allocated Triangle J 20-21 OP-011 er Marcoplos Human Servies membership dues to $ 22,213.00 $ (12,710.00) the Social Justice Fund. TotalAmendment Sponsor Department Amendment Amount General Fund 20-21OP-012 Staff Debt Service Reduce Debt $(209,779.00) $ (222,489.00) Service Payments in FY 20-21 due to lower interest rate realized as part of the G.O. Bond issuance in May 2020 20-21OP-013 Staff Transfer to Reduce County $ (3,654.00) $ (226,143.00) Affordable match to the Houisng HOME Program as Initiatives/Co a result of a mmunity calculation error in Development determining the Fund match requirement Suspend the Commission Non- $568,139 proposed 20-21OP-014 er Rich Departmental for the Chapel Hill $(568,139.00) $ (794,282.00) Library in FY 2020- 21 Set up a COVID focused "Education Fund"to assist students in need of technology and 20-21OP-015 Commission Education broadband in both $ 500,000.00 $ (294,282.00) er Rich districts, in order to prevent the opportunity gap from growing larger during the COVID-19 pandemic 19 Set up a fund to assist non-Chapel Hill residents (on a sliding scale) with a 20-21OP-016 Commission Non- household library $ 68,139.00 $ (226,143.00) er Rich Departmental card if Chapel Hill decides to charge a fee for the use of the library by non- Chapel Hill residents Fund the development of a Racial Equity Index Platform to track 20-21OP-017 Staff Human Rights progress of the $ $ (191,143.00) & Relations County's racial 35,000.00 equity initiatives, and to follow trends in racial disparities Receipt of$410,000 in Article 46 Sales Article 46 Sales Tax Small Business 20-21OP-018 Staff Loan Funds to be $ (191,143.00) Tax Fund used for Emergency $410,000.00 Grants to small businesses Reduce the Visitors 20-21OP-019 Staff Visitors Bureau Bureau Fund $ (191,143.00) $(19,308.00) Fund expenditure budget by$19,308 to correct 20 an error related to indirect cost allocation Increase the Solid Waste Enterprise Fund expenditure 20-21OP-020 Staff Solid Waste budget by$475,000 $ (191,143.00) Enterprise Fund to reflect the Transfer $475,000.00 of funds to the General Fund as an expense Fund Phase II Commissio Feasibililty Study of Non- Operations and $ 20-21OP-021 ner $(171,143.0 Marco los Departmental Maintenance of a 20,000.00 0 p Skilled Construction ) Trades Center 1 CAPITAL BUDGET AMENDMENTS 2 Total Commissioner Commissioner Price Project Amendment Expenditure Dorosin Amendment Amount Amendment Move the Durham Durham Tech Tech Expansion Expansion Project Planning up $ $ Project to Year 1 1,000,000 1,000,000 $ 1,000,000 Move the Durham Durham Tech Tech Expansion Expansion Project Phase 2 up $ $ Project to Year 2 14,000,000 14,000,000 $ 14,000,000 Move the Durham Durham Tech Tech Expansion Expansion Project Phase 3 up $ $ Project to Year 3 11,547,911 11,547,911 $ 11,547,911 Total 126,547,911 26,547,911 $ 26,547,911 21 Commissioner Dorosin Amendment Total Amendment Commissioner Price Amendment Notes Expenditure Amount Financing Impact Financing Impact Delay the following CIP projects from Year 1 (FY 20-21) to Years 6-10 Conservation $ $ Easements (1,000,000) (500,000) $ - $500,000 County Portion Roofing Projects— $ $ Library Design (25,000) (25,000) $ (25,000) Project Withdrawn EMS Substation— $ $ Morgue Project (675,000) (675,000) $ (675,000) ProjectBudget Reduced to $525,000 Blackwood Farm $ $ Park (350,000) (350,000) $ (300,000) Price Defers Hillhouse Instead IT— Infrastructure, Laptop/Desktop $ $ $ - $934,500 Total Budget Replacement, (900,000) (900,000) C ber Security Vehicle $ $ Replacements (250,000) (250,000) $ (100,000) $1,106,400 Total Budget Total $ $ $ (1,100,000) (3,200,000) (2,700,000) Commissioner Total Dorosin Commissioner Price Amendment Expenditure Amendment Amendment Notes Amount Financing Financing Impact Impact Delay the following CIP project from Year 2 (FY 21-22) to Years 6-10 Soccer.com (4,589,000) (4,589,000) $ (4,589,000) Some IT Infrastructure— $ $ $ (382,300) $2.8 million Total Project Budgets Infrastructure, (1,500,000) (1,500,000) County Fiber Millhouse Road $ _ Funded with PAYGO, Not Park (400,000) $ $ Financed Lands Legacy (500,000) (250,000) $ - $250,000 County Portion Lake Orange Dam(50 526) (50 526) $ - $395,000 Total Project Budget Little River Park, $ $ Phase II (500,000) (250,000) $ (250,000) 50%Split with Durham County 22 Roofing Projects— $ $ Librar (250,000) (250,000) $ (250,000) Project Withdrawn Twin Creeks Park (220,000) (220,000) $ (220,000) Old Courthouse Square—Exterior $ $ $ - $220,000 Total Budget Restoration (220,000) (200,000) Vehicle $ $ Replacements (250,000) (250,000) $ (100,000) $933,592 Total Budget Total $ $ $ (5,791,300) (8,479,526) (7,559,526) Delay the following CIP projects from Year 3 (FY 22-23) to Years 6-10: Millhouse Road $ $ $ (3,200,000) $3.2 million County Portion Park 6,400,000 3,200,000 Twin Creeks Park (3,780,000) 3,780,000) $ (3,780,000) Conservation $ $ $ - $500,000 County Portion Easements 1,000,000 500,000 Blackwood Farm $ $ Park 300,000 300,000) $ (300,000) Coiwiew Dort (2,000,000) Old Courthouse $ $ Remove Landscape and Square (390,000) (390,000) $ (350,000) Plantings IT— Infrastructure , Laptop/Desktop (748,385) ($748,385) $748,385 Total Project Budget Replacements, C ber Security Vehicle $ $ Replacements 250,000 250,000 $ (100,000) $961,599 Total Budget Total 14,868,385 (9,168,385) (7,730,000) Commissioner Total Dorosin Commissioner Price Amendment Expenditure Amendment Amendment Notes Amount Financing Financing Impact Impact Delay the following CIP projects from Year 4 (FY 23-24) to Years 6-10: EMS Substation— New Standalone Facility in $ $ Northern Corridor(4,000,000) (4,000,000) $ - Total (4,000,000) (4,000,000) $ - Delay the following CIP projects from Year 5 (FY 24-25) to Years 6-10: 23 Facility Safety and Accessibility Projects— $ Fire Alarm System Upgrades $ (1,095,980) $ (1,095,980) - Lake Orange Dam—Intake Tower and De- mucking $ (1,900,000) $ (1,900,000) $ - HVAC Projects—New Courthouse HVAC Replacement $ (124,020) $ (124,020) $ - Total $ (3,120,000) $ (3,120,000) $ - Grand Total CIP Projects Delayed $ (31,267,911) $ (26,547,911) $ (14,621,300) Balance to Finance $ - $ 11,926,611 1 mendment Sponsor Budget Page Department Amendment Amount General Fund Total Other Funds Total 20-21OP-001 Commissioner Outside Agencies Fund($20,000)to support a new nonprofit 20,000.00$ $20'000.00 Greene Reentry House Plus, Inc.that is in the process of opening a reentry house for men emerging from their sentences at Orange Correctional. 20-21OP-002 Commissioner Human Services Use$20,000 from the Social Justice (20,000.00)$ $0.00 Greene Fund to support the new nonprofit Reentry House Plus, Inc. 20-21OP-003 Commissioner BOCC Repeal the salary increase for (12,710.00)$ ($12,710.00) Bedford Commissioners effective December Commissioner 1,2020.The cost is$12,710.00 McKee including FICA and retirement. 20-21OP-004 Commissioner BOCC Eliminate funding for the National (2,666.00)$ ($15,376.00) Marcoplos Association of Counties(NACo) membership dues. 20-21OP-005 Commissioner Human Services Direct funds allocated for NACo 2,666.00$ ($12,710.00) Marcoplos memberships dues to the Social Justice Fund. 20-21OP-006 Commissioner BOCC Eliminate funding for the UNC School $(17,168.00) $(29,878.00) Marcoplos of Government(UNC-SOG) membership dues. 20-21OP-007 Commissioner Human Serices Direct funds allocated for UNC-SOG $ 17,168.00 $(12,710.00) Marcoplos memberships dues to the Social Justice Fund. 20-21OP-008 Commissioner BOCC Eliminate funding for the North $(12,755.00) $(25,465.00) Marcoplos Carolina Association of County Commissioners(NCACC) membership dues. 20-21OP-009 Commissioner Human Services Direct funds allocated for NCACC 12,755.00$ $(12,710.00) Marcoplos memberships dues to the Social Justice Fund. 20-21OP-010 Commissioner BOCC Eliminate funding for the Triangle J (22,213.00)$ $(34,923.00) Marcoplos membership 2 24 Amendment Sponsor Budget Page Department Amendment Amount General Fund Total Other Funds Total 20-21OP-011 Commissioner Marcoplos Human Services Direct funds allocated 22,213.00$ $(12,710.00) Triangle J membership dues to the Social Justice Fund. 20-21OP-012 Staff 141 Debt Service Reduce Debt Service (209,779.00)$ $ Payments in FY 20- (222,489.0 21 due to lower 0) interest rate realized as part of the G.O. Bond issuance in May 2020 20-21 OP-013 Staff 366 Transfer to Reduce County (3,654.00)$ $ Affordable Housing match to the HOME (226,143.0 Initiatives/Community Program as a result 0) Development Fund of a calculation error in determining the match requirement 20-21OP-014 Commissioner Rich 285 Non-Departmental Suspend the (568,139.00)$ $ $568,139 proposed (794,282.0 for the Chapel Hill 0) Library in FY 2020-21 20-21OP-015 Commissioner Rich Education Set up a COVID 500,000.00$ $ focused"Education (294,282.0 Fund"to assist 0) students in need of technology and broadband in both districts, in order to prevent the opportunity gap from growing larger during the COVID-19 pandemic 20-21OP-016 Commissioner Rich Non-Departmental Set up a fund to 68,139.00$ $ assist non-Chapel Hill (226,143.0 residents(on a sliding 0) scale)with a household library card if Chapel Hill decides to charge a fee for the use of the library by non-Chapel Hill residents 20-21OP-017 Staff 253 Human Rights& Fund the 35,000.00$ $ Relations development of a (191,143.0 Racial Equity Index 0) Platform to track progress of the County's racial equity initiatives,and to follow trends in racial disparities 20-21OP-018 Staff 64 Article 46 Sales Tax Receipt of$410,000 $(191,143.00) 410,000.00 Fund in Article 46 Sales $ Tax Small Business Loan Funds to be used for Emergency Grants to small businesses 20-21OP-019 Staff 143 Visitors Bureau Fund Reduce the Visitors $(191,143.00) (19,308.00 Bureau Fund )$ expenditure budget by$19,308 to correct an error related to indirect cost allocation 20-21OP-020 Staff 350 Solid Waste Increase the Solid $(191,143.00) 475,000.00 Enterprise Fund Waste Enterprise $ Fund expenditure budget by$475,000 to reflect the Transfer of funds to the General Fund as an expense 20-21OP-021 $(191,143.00) 20-21OP-022 $(191,143.00) 20-21OP-023 $(191,143.00) 25 1 2 Amendment Sponsor Budget Page Department Amendment Amount General Fund Other Funds Total Total 20-21 OP-001 Commissioner Outside Agencies Fund($20,000)to support a new nonprofit 20,000.00$ $20,000.00 Greene Reentry House Plus, Inc.that is in the process of opening a reentry house for men emerging from their sentences at Orange Correctional. 20-21 OP-002 Commissioner Human Services Use$20,000 from the Social Justice Fund (20,000.00)$ $0.00 Greene to support the new nonprofit Reentry House Plus, Inc. 20-21 OP-003 Commissioner BOCC Repeal the salary increase for (12,710.00)$ ($12,710.00) Bedford Commissioners effective December 1, Commissioner 2020.The cost is$12,710.00 including McKee FICA and retirement. 20-21 OP-004 Commissioner BOCC Eliminate funding for the National (2,666.00)$ ($15,376.00) Marcoplos Association of Counties(NACo) membership dues. 20-21 OP-005 Commissioner Human Services Direct funds allocated for NACo 2,666.00$ ($12,710.00) Marcoplos memberships dues to the Social Justice Fund. 20-21 OP-006 Commissioner BOCC Eliminate funding for the UNC School of $(17,168.00) $ Marcoplos Government(UNC-SOG)membership (29,878.00) dues. 20-21 OP-007 Commissioner Human Services Direct funds allocated for UNC-SOG $ 17,168.00 $ Marcoplos memberships dues to the Social Justice (12,710.00) Fund. 20-21 OP-008 Commissioner BOCC Eliminate funding for the North Carolina $(12,755.00) $ Marcoplos Association of County Commissioners (25,465.00) (NCACC)membership dues. 20-21 OP-009 Commissioner Human Services Direct funds allocated for NCACC 12,755.00$ $ Marcoplos memberships dues to the Social Justice (12,710.00) Fund. 20-21 OP-010 Commissioner BOCC Eliminate funding for the Triangle J (22,213.00)$ $ Marcoplos membership (34,923.00) 3 Amendment# Sponsor CIP Budget Page Department Amendment Amount 20-21CIP-001 Commissioner 135 Education Move the Durham 1,000,000.00$ Dorosin Tech Expansion Project planning up to year 1 20-21CIP-002 Commissioner 135 Education Move Durham Tech 14,000,000.00$ Dorosin Expansion Project phase 2 up to year 2 20-21CIP-003 Commissioner 135 Education Move the Durham 11,547,911.00$ Dorosin Tech Expansion Project phase 3 up to year 3 20-21CIP-004 Commissioner Various County CIP Projects Delay the following (3,200,000.00)$ Dorosin CIP projects from Year 1 (FY 20-21)to Years 6-10: Conservation Easements ($1,000,000); Roofing Projects (25,000); EMS Substation—Morgue Project($675,000); Blackwood Farm Park($350,000); IT ($900,000);Vehicle Replacements ($250,000) 20-21CIP-005 Commissioner Various County CIP Projects Delay the following (8,479,526.00)$ Dorosin CIP projects from Year 2(FY 21-22)to Years 6-10: Soccer.com ($4,589,000); some IT Infrastructure 26 ($1,500,000); Millhouse Road Park ($400,000); Lands Legacy($500,000); Lake Orange Dam ($50,526); Little River Park, Phase II ($500,000); Roofing Projects($250,000); Twin Creeks Park ($220,000); Old Courthouse Square ($220,000);Vehicle Replacements ($250,000) 20-21CIP-006 Commissioner Various County CIP Projects Delay the following (14,868,385.00)$ Dorosin CIP projects from Year 3(FY 2022-23) to Years 6-10: Millhouse Road Park ($6,400,000);Twin Creeks Park ($3,780,000); Conservation Easements ($1,000,000); Blackwood Farm Park($300,000); Fairview Park ($2,000,000); Courthouse Square ($390,000); IT ($748,385);Vehicle Replacements ($250,000) 20-21CIP-007 Commissioner Price 135 Education Move the Durham 1,000,000.00$ Tech Expansion Project planning up to year 1 20-21CIP-008 Commissioner Price Various County CIP Projects Remove the (1,100,000.00)$ following CIP projects from Year 1 (FY 20-21): EMS— Substation—Morgue project($675,000); Millhouse Road Park ($300,000); Roofing Project($25,000); Vehicle Replacements ($100,000) 20-21CIP-009 Commissioner Price 135 Education Move Durham Tech 14,000,000.00$ Expansion Project phase 2 up to year 2 20-21CIP-010 Commissioner Price Various County CIP Projects Delay the following (6,041,300.00)$ CIP projects from Year 2(FY 21-22)to Years 6-10: Soccer.com ($4,589,000); some IT Infrastructure ($382,300); Little River Park, Phase II ($500,000); Roofing Projects($250,000); Twin Creeks Park ($220,000);Vehicle Replacements ($100,000) 27 1 2 3 (GRANICUS RECORDING STOPPED, ZOOM RECORDING REFERENCED TO 4 END OF MEETING) 5 6 Commissioner McKee said there are staff initiated CIP amendments on the back 7 of attachment a, and asked if these have been addressed (on the green sheet). 8 Travis Myren said only the solid waste amendment needs to be addressed. 9 10 A motion was made by Commissioner Dorosin, seconded by Commissioner 11 Bedford to approve staff initiated amendment 15. 12 13 VOTE: UNANIMOUS 14 15 Break 16 The Board of County Commissioners to a Break at 11:02 p.m. (to allow Finance and 17 Administrative Services to formulate Draft Resolution of Intent to Adopt FY2020-21 18 Operating Budget) 19 20 The meeting resumed at 11:25 p.m. 21 22 5. Resolution of Intent to Adopt FY2020-21 Annual Operating Budget 23 24 Approval of Resolution of Intent to Adopt FY2020-21 Annual Operating Budget at 25 the Board of County Commissioners Regular Meeting on June 16, 2020 26 27 Paul Laughton reviewed the Resolution of Intent, and said will be part of the 28 agenda packet for the June 16t" meeting: 29 30 Commissioner McKee asked if the capital CIP of$11 million was what the Board 31 did tonight. 32 Paul Laughton said that was the reduction of$1,894,500 in year 1 for the County 33 projects; deferring the solid waste projects $570,800 from year 1 to year 2; and school 34 capital increased by $1 million for the Durham Tech project in year 1. 35 Chair Rich said the next step is for the Board to vote on this budget next week. 36 Paul Laughton said yes. 37 38 Resolution of Intent to Adopt the FY2020-21 39 Orange County Budget 40 41 The items outlined below summarize decisions that the Board acted upon June 9, 2020 42 in approving the FY2020-21 Orange County Annual Operating Budget and the FY2020- 43 21 (Year 1) Capital Investment Plan Budget. 44 45 WHEREAS, the Orange County Board of Commissioners has considered the Orange 46 County FY2020-21 Manager's Recommended Budget and the FY2020-21 Manager's 47 Recommended Capital Investment Plan Budget; and 48 49 WHEREAS, the Commissioners have agreed on certain modifications to the Manager's 50 Recommended Budget as presented in the FY2020-21 County Manager's 51 Recommended Budget on May 5, 2020; and to the FY2020-21 Manager's 52 Recommended Capital Investment Plan Budget as presented on April 7, 2020; 53 28 1 NOW THEREFORE BE IT RESOLVED, that the Orange County Board of 2 Commissioners expresses its intent to adopt the FY2020-21 Orange County Budget 3 Ordinance on Tuesday, June 16, 2020, based on the following stipulations: 4 5 1) Property Tax Rates 6 7 a) The ad valorem property tax rate shall be set at 86.79 cents per$100 of 8 assessed valuation. 9 10 b) The Chapel Hill-Carrboro City Schools District Tax shall be set at 20.18 cents 11 per $100 of assessed valuation. 12 13 c) The Fire District and Fire Service District tax rates shall be set at the 14 following rates (all rates are based on cents per $100 of assessed valuation): 15 16 • Cedar Grove 8.10 • Greater Chapel Hill Fire Service District 14.91 • Damascus 10.80 • Efland 6.78 • Eno 9.68 • Little River 5.92 • New Hope 10.67 • Orange Grove 6.81 • Orange Rural 9.48 • South Orange Fire Service District 9.68 • Southern Triangle Fire Service District 10.80 • White Cross 12.37 17 18 19 20 21 22 23 2) County Employee Pay and Benefits Plan 24 25 Provide a County employee pay and benefits plan that includes: 26 27 a. No Wage increase or Merit pay for FY 2020-21 28 29 b. Continue the $27.50 per pay period County contribution to non-law enforcement 30 employees' supplemental retirement accounts and the County matching 31 employees' contributions up to $63.00 semi-monthly (for a maximum annual 32 County contribution of$1,512) for all general (non-sworn law enforcement 33 officer) employees; continue the mandated Law Enforcement Officer contribution 34 of 5.0% of salary, and continue the County's required contribution to the Local 35 Governmental Employees' Retirement System (LGERS) for all permanent 36 employees. For FY 2020-21, the Law Enforcement Officers (LEOs) rate 29 1 increases from 9.70 to 10.90 percent of reported compensation, and all other 2 employees rate increases from 8.95 to 10.15 percent of reported compensation. 3 4 c. Continue to participate in the North Carolina Health Insurance Pool (NCHIP), and 5 continue medical and prescription third party administrators with Blue Cross Blue 6 Shield of North Carolina (BCBSNC) and Prime Therapeutics, a division of 7 BCBSNC, respectively. No increase to health appropriations, and an increase of 8 $92,236 for dental appropriations. No increase to employee premium equivalent 9 for health, dental, or vision insurance. No increase for health coverage premium 10 equivalent for pre-65 retirees enrolled in the County's group plan, and an 11 increase of$106,003 for the post-65 (Medicare eligible) retirees. 12 13 d. Maintain the current Living wage of$15.00 per hour for all permanent employees 14 and $14.95 per hour for temporary employees. 15 16 e. Continue the additional eight hours of annual leave to be awarded at an 17 employee's anniversary date, prorated for part time employees. 18 19 f. Continue the six-week paid parental leave policy. 20 21 22 30 1 2 3) Modifications to County Manager's FY2020-21 Recommended Annual 3 Operating Budget 4 The following modifications to the County Manager's Recommended Budget are 5 made: 6 Adjustments to the Manager's Recommended FY2020-21 Budget On June 9, 2020, the Board of County Commissioners approved the following changes to the Manager's Recommended annual operating budget for the 2020-21 fiscal year. The information below summarizes changes made by the Board. Revenues Increase Decrease Manager's Recommended Revenue Budget $239,046,307 Total Revenue Changes $0 $0 Revised Revenue Budget 239,046,307 Expenditures Increase Decrease Manager's Recommended Expenditure Budget $239,046,307 Fund new nonprofit Reentry House Plus, Inc. $20,000 Use Social Justice Reserve Fund to fund Reentry House Plus, Inc. ($20,000) Repeal Salary Increase for Commissioners ($12,710) Reduce Debt Service Payments in FY 20-21 ($209,779) Reduce County Match to the HOME Program ($3,654) Fund the development of a Racial Equity Index Platform in HR & R $35,000 Increase per pupil by $9 $183,447 Increase to Social Justice Reserve $7,696 Total Expenditure Changes $246,143 ($246,143) Revised Expenditure Budget $239,046,307 7 31 1 2 4) Changes in County Staff Positions (Increase in FTE Approved). 3 COMMUNITY DEVELOPMENT FUND - RECOMMENDED Off-Setting Total Salary Operating Revenue or Total and and Start- Budget County Department Position Start Date FTE Benefits up Costs Reduction Cost Housing Administrative Support II July 2020 0.625 34,297 1,496 (35,793) Housing Coordinated Entry Housing Specialist July 2020 �� 1.000 60,991 3,020 (64,011) Housing Coordinated Entry Housing Specialist July 2020�'� 1.000 60,991 3,020 (64,011) Housing Housing Access Coordinator July 2020 1.000 58,012 5,402 (63,414) Totals 3.625 214,291 12,938 (227,229) - 4 (1)Coordinated Entry Housing Specialist Positions start date conditional on start date of HUD Grant 5 6 7 5) General Fund Appropriations for Local School Districts 8 9 The following FY2020-21 General Fund Appropriations for Chapel Hill-Carrboro City 10 Schools 11 and Orange County Schools are approved: 12 13 a) Current Expense appropriation for local school districts totals $89,012,561 14 and equates to a 15 per pupil allocation of$4,367 16 17 18 1) The Current Expense appropriation to the Chapel Hill-Carrboro City 19 Schools is 20 $53,395,309 21 22 2) The Current Expense appropriation to the Orange County Schools is 23 $35,617,252. 24 25 26 b) School Related Debt Service for local school districts totals $18,297,557. 27 28 c) Additional net County funding for local school districts totals $6,629,597. 29 30 (1) School Resource Officers and School Health Nurses Contracts - total 31 appropriation of$3,629,597 to cover the costs of School Resource 32 Officers in every middle and high school, and a School Health Nurse 33 in every elementary, middle, and high schools in both school 34 systems. 35 (2) Deferred maintenance funding of$3,000,000 by ADM is allocated to 36 the school systems by the following: Chapel Hill-Carrboro City 37 Schools appropriation is $1,799,700 and Orange County Schools 38 appropriation is $1,200,300. 39 40 6) Capital Investment Plan Funding for FY2020-21 (Year 1) 41 42 The following FY2020-21 (Year 1) Capital Investment Plan Appropriations are 43 approved: 44 a) Overall Total Capital Investment Plan Funding of$35,003,347 45 32 1 b) County Capital Projects Funding of$11,188,082 2 3 c) School Capital Projects Funding of$21,387,313 4 5 d) Water & Sewer Project Funding of$130,000; Solid Waste Project Funding of 6 $1,375,952; and Sportsplex Project Funding of$922,000 7 8 9 7) County Fee Schedule 10 11 To adopt the County Fee Schedule to include changes in the FY2020-21 12 Manager's 13 Recommended Annual Operating Budget and approved by the Board of County 14 Commissioners on June 9, 2020. 15 16 17 A motion was made by Commissioner Bedford, seconded by Commissioner 18 Price to adopt the Resolution of Intent. 19 20 VOTE: UNANIMOUS 21 22 The meeting adjourned at 11:42 p.m. 23 24 VOTE: UNANIMOUS 25 26 27 Penny Rich, Chair 28 29 30 Donna S. Baker 31 Clerk to the Board 32 33 Submitted for approval by David Hunt, Deputy Clerk to the Board. 34 1 1 2 3 Attachment 5 4 5 DRAFT MINUTES 6 ORANGE COUNTY 7 BOARD OF COMMISSIONERS 8 VIRTUAL BUSINESS MEETING 9 J U N E 16, 2020 10 7:00 p.m. 11 12 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, 13 June 16, 2020 at 7:00 p.m. 14 15 COUNTY COMMISSIONERS PRESENT: Chair Rich and Commissioners Jamezetta Bedford, 16 Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price 17 COUNTY COMMISSIONERS ABSENT: 18 COUNTY ATTORNEYS PRESENT: John Roberts 19 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 20 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified 21 appropriately below) 22 23 Chair Rich called the meeting to order at 7:00 p.m. 24 25 Due to current public health concerns, the Board of Commissioners conducted a Virtual 26 Business meeting on June 16, 2020. Members of the Board of Commissioners participated in 27 the meeting remotely. As in prior meetings, members of the public were able to view and listen 28 to the meeting via live streaming video at orangecountync.gov/967/Meeting-Videos and on 29 Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). 30 31 In this new virtual process, there are two methods for public comment. 32 . Written submittals by email 33 • Speaking during the virtual meeting 34 35 Detailed public comment instructions for each method are provided at the bottom of this 36 agenda. (Pre-registration is required.) 37 Compliance with the "Americans with Disabilities Act" - Interpreter services and/or special sound equipment are available on request. Call the County Clerk's Office at (919) 245-2130. If you are disabled and need assistance with reasonable accommodations, contact the ADA Coordinator in the County Manager's Office at (919) 245-2300 or TDD# 919-644-3045. 38 39 1. Additions or Changes to the Agenda 40 41 Proposed Addition to the Consent Agenda, as Item o: North Carolina Housing Finance 42 Agency (NCHFA) — 2020 Essential Single-Family Rehabilitation Loan Pool (ESFRLP20) Award. 43 2 1 A motion was made by Commissioner Bedford, seconded by Commissioner McKee to 2 add the agenda item "North Carolina Housing Finance Agency (NCHFA) — 2020 Essential 3 Single-Family Rehabilitation Loan Pool (ESFRLP20) Award" as Item o on the Consent Agenda. 4 5 VOTE: UNANIMOUS 6 7 PUBLIC CHARGE 8 The Chair acknowledged the public charge. 9 10 11 2. Public Comments 12 13 a. Matters not on the Printed Agenda 14 Frances Castillo said she is the Chair of the Human Relations Commission (HRC), and 15 wanted to share the exciting news that the annual book read will be held virtually this year. She 16 said the book will be Give Us the Ballot- the Modern Struggle for Voting Rights in America. She 17 said the discussion will be held on September 13t", from 3-5 p.m. She said the author is Ari 18 Berman, and it is hoped that he will be able to join the discussion. She said the books read's 19 mission statement is: "To engage, educate and enlighten residents regarding the right to vote 20 in America. The anticipated result is to motivate residents to participate, not only in the 2020 21 election, but in all electoral processes: the ballot has been given, go the polls and cast it". She 22 said this is a bipartisan discussion, and the desire is to have all residents vote. 23 Riley Ruske said Sunday June 14t" was Flag Day. He said a citizen's petition was given 24 to the Orange County Board of Commissioners (BOCC) last fall, asking the Board to recite the 25 pledge at the beginning of each meeting. He asked the Board to vote on his petition. 26 Chair Rich said the Board has discussed this petition, and decided it wanted to discuss 27 the petition in person, and not at a virtual meeting, and as such this petition discussion has 28 been moved to September. 29 30 b. Matters on the Printed Agenda 31 (These matters will be considered when the Board addresses that item on the agenda 32 below.) 33 34 3. Announcements, Petitions and Comments by Board Members 35 Commissioner McKee said he had no comments. 36 Commissioner Greene said she had no comments. 37 Commissioner Marcoplos said he had no comments. 38 Commissioner Bedford expressed her appreciation to all staff, employees and Chair 39 Rich for working during this pandemic, and keeping the County running. She encouraged 40 residents to get vote at home ballots. 41 Commissioner Price said for those who have known Ellen Reckow, the Metropolitan 42 Planning Organization (MPO) honored her after her 30 years of public service. 43 Commissioner Price congratulated students for completing a challenging year. 44 Commissioner Price requested letters of endorsement to David Price for cosponsoring 45 the justice and policing act, as well as to Roy Cooper for the North Carolina Taskforce for racial 46 Equity and Criminal Justice. She said she would like to work with the Sheriff on issues such as 47 no knock warrants, and to keep the community informed. She said to would like to encourage 48 the Sheriff's office to continue to use de-escalation. 49 Commissioner Dorosin said as society looks at the role of police, he would like the 50 Board to have a serious discussion of Security Resource Officers (SROs) in the schools. He 3 1 said many school districts have severed relationships with these police across the country. He 2 petitioned to set up a committee with members from the Orange County Board of 3 Commissioners and the school districts to discuss this topic. 4 Chair Rich asked if Commissioner Dorosin anticipates this discussion starting now. 5 Commissioner Dorosin said the sooner it can start, the better. 6 Chair Rich said she could reach out to the school boards if the Board is in agreement to 7 set up this committee. 8 Chair Rich said she had a meeting with the Mayors and the UNC Acting Chancellor of 9 Student Affairs, Jonathan Sauls. She said much more detail has been included in the UNC 10 roadmap, and the University has reached out to the Health Department and Orange County. 11 She said UNC is used to doing contact tracing with the students, and some students have 12 returned. She said all have been tested, and all tests are negative thus far. She said everyone 13 will be required to wear masks on campus, no matter where one is. She said the University is 14 unclear as to how many students will come back to campus. She said visitors will not be 15 allowed on the UNC Campus when the students come back. She said the University is 16 considering its professors, as many are over the age of 60, and it plans to be flexible. She said 17 the University is open to communication as any time. 18 Chair Rich said today's Covid meeting reported that Orange County is not going in the 19 right direction, and the Health Department is trying to get more contract tracers onboard. She 20 said it will get worse before it gets better, and the County has yet to hit the peak of its first 21 wave. She said the rest of the state also has rising numbers, and it is unsure when the second 22 wave will come. 23 Chair Rich thanked staff and managers for getting the County through these challenging 24 times. 25 Chair Rich said the Board is supposed to come back in September and meet in person, 26 and she suggested that the Board start with a hybrid meeting process. 27 Chair Rich said there is still time to do the census. 28 Chair Rich said parents in the County contacted her and reported that it has been 29 difficult to do remote learning in some areas of the County. 30 31 4. Proclamations/ Resolutions/ Special Presentations 32 NONE 33 34 5. Public Hearings 35 NONE 36 37 6. Regular Agenda 38 39 a. Approval of Fiscal Year 2020-21 Budget Ordinance, County Grant Projects, and 40 County Fee Schedule 41 42 The Board considered voting adopt the FY2020-21 Budget Ordinance, the FY2020-21 43 County Grant Projects, and the FY2020-21 County Fee Schedule, consistent with the 44 parameters outlined in the Board's "Resolution of Intent to Adopt the FY2020-21 Orange 45 County Budget". 46 Travis Myren presented the item below, and this is the formal approval by the Orange 47 County Board of Commissioners: 48 49 50 Fiscal Year 2020-21 4 1 Budget Ordinance 2 Orange County, North Carolina 3 4 Be it ordained by the Board of Commissioners of Orange County 5 6 Section I. Budget Adoption 7 8 There is hereby adopted the following operating budget for Orange County for this fiscal year 9 beginning July 1, 2020 and ending June 30, 2021, the same being adopted by fund and activity, 10 within each fund, according to the following summary: 11 Current Interfund Fund Total Fund Balance Revenue Transfer Appropriated Appropriation $225,290,88 General Fund 7 $5,486,817 $8,268,603 $239,046,307 Emergency Telephone Fund $755,471 $0 $0 $755,471 Fire Districts Fund $6,507,480 $0 $119,000 $6,626,480 Section 8 (Housing) Fund $4,201,264 $247,025 $0 $4,448,289 Community Development Fund $711,015 $706,137 $0 $1,417,152 Visitors Bureau Fund $1,614,531 $0 $6,486 $1,621,017 Solid Waste Operations Enterprise Fund $10,816,640 $0 $1,276,244 $12,092,884 Sportsplex Operations Enterprise Fund $3,796,991 $0 $0 $3,796,991 Community Spay/Neuter Fund $69,350 $0 $13,000 $82,350 Article 46 Sales Tax Fund $4,295,168 $0 $0 $4,295,168 12 13 Section II. Appropriations 14 That for said fiscal year, there is hereby appropriated out the following: 15 Function Appropriation General Fund Community Services $14,322,250 General Government $10,525,739 Public Safety $27,994,203 Human Services $41,614,328 Education $93,440,414 Support Services $12,773,209 Debt Service $33,410,925 Transfers to Other Funds $4,965,239 Total General Fund $239,046,307 Emergency Telephone System Fund Public Safety $755,471 Total Emergency Telephone System Fund $755,471 Fire Districts 5 Cedar Grove $270,163 Greater Chapel Hill Fire Service District $275,386 Damascus $107,373 Efland $541,553 Eno $836,169 Little River $291,501 New Hoe $762,214 Orange Grove $591,315 Orange Rural $1,516,816 South Orange Fire Service District $586,324 Southern Triangle Fire Service District $255,080 White Cross $592,586 Total Fire Districts Fund $6,626,480 Section 8 (Housing) Fund Human Services $4,448,289 Total Section 8 Fund $4,448,289 Community Development Fund (Housing Rehabilitation Initiative) Human Services $314,908 Total Community Development Fund(Housing Rehabilitation Initiative) $314,908 Community Development Fund (Housing Displacement Program) Human Services $75,000 Total Community Development Fund(Housing Displacement Program) $75,000 Community Development Fund HOME Program) Human Services $663,925 Total Community Development Fund(HOME Program) $663,925 Community Development Fund (Homelessness Partnership Program) General Government $363,319 Total Community Development Fund(Homelessness Program) $363,319 Total Communit Development Fund Programs $1,417,152 Visitors Bureau Fund General Government $225,199 Community Services $1,395,818 Total Visitors Bureau Fund $1,621,017 Solid Waste Operations Enterprise Fund Community Services - Solid Waste/Landfill Operations $10,275,072 Transfer to Other Funds $1,817,812 Total Solid Waste Operations Enterprise Fund $12,092,884 6 SportsPlex Operations Enterprise Fund Community Services — Sportsplex Operations $3,073,139 Transfer to Other Funds $723,852 Total Sportsplex Operations Enterprise Fund $3,796,991 Community Spay/Neuter Fund Community Services $82,350 Total Community Spay/Neuter Fund $82,350 Article 46 Sales Tax Fund Community Services $4,295,168 Total Article 46 Sales Tax Fund $4,295,168 1 2 3 Section III. Revenues 4 5 The following fund revenues are estimated to be available during the fiscal year beginning July 6 1, 2020 and ending June 30, 2021, to meet the foregoing appropriations: Function Appropriation General Fund Property Tax $167,694,880 Sales Tax $23,827,353 Licenses & Permits $274,550 Intergovernmental $17,710,005 Charges for Services $12,645,090 Investment Earnings $515,000 Miscellaneous $2,624,009 Transfers from Other Funds $5,486,817 Appropriated Fund Balance $8,268,603 Total General Fund $239,046,307 Emergency Telephone System Fund Charges for Services $755,471 Appropriated Fund Balance $0 Total Emergency Telephone System Fund $755,471 Fire Districts Property Tax $6,497,630 Investment Earnings $9,850 Appropriated Fund Balance $119,000 Total Fire Districts Fund $6,626,480 Section 8 (Housing) Fund Intergovernmental and General Government $4,201,264 From General Fund $247,025 Total Section 8 Fund $4,448,289 Community Development Fund (Housing Rehabilitation Initiative From General Fund $314,908 Total Community Development Fund(Housing Rehabilitation Initiative) $314,908 Community Development Fund (Housing Displacement Program) From General Fund $75,000 Total Community Development Fund(Housing Rehabilitation Initiative) $75,000 Community Development Fund HOME Program) Intergovernmental $426,299 Program Income $13,000 From General Fund $224,626 Total Community Development Fund HOME Program) $663,925 Community Development Fund (Homelessness Partnership Program) Intergovernmental and General Government $271,716 From General Fund $91,603 Total Community Development Fund(Homelessness Partnership Program) $363,319 Total Community Development Fund Programs $1,417,152 1 2 Visitors Bureau Fund Occupancy Tax $1,243,068 Sales & Fees $500 Intergovernmental $366,963 Investment Earnings $4,000 Appropriated Fund Balance $6,486 Total Visitors Bureau Fund $1,621,017 Solid Waste Operations Enterprise Fund Sales & Fees $10,158,176 Intergovernmental $260,793 Miscellaneous $114,671 Licenses & Permits $143,000 Interest on Investments $140,000 Appropriated Reserves $1,276,244 Total Solid Waste Operations Enterprise Fund $12,092,884 Sportsplex Operations Enterprise Fund Charges for Services $3,796,991 Total Sports lex Operations Enterprise Fund $3,796,991 Community Spay/Neuter Fund Animal Tax $27,000 Intergovernmental $30,000 Miscellaneous $12,350 Appropriated Fund Balance $13,000 Total Community Spay/Neuter Fund $82,350 Article 46 Sales Tax Fund Sales Tax Proceeds $4,295,168 8 Total Article 46 Sales Tax Fund $4,295,168 1 2 3 Section IV. Tax Rate Levy 4 There is hereby levied for the fiscal year 2020-21 a general county-wide tax rate of 86.79 cents 5 per $100 of assessed valuation. This rate shall be levied in the General Fund. Special district 6 tax rates are levied as follows: 7 8 9 Cedar Grove 8.10 Greater Chapel Hill Fire Service District 14.91 Damascus 10.80 Efland 6.78 Eno 9.68 Little River 5.92 New Hope 10.67 Orange Grove 6.81 Orange Rural 9.48 South Orange Fire Service District 9.68 Southern Triangle Fire Service District 10.80 White Cross 12.37 Chapel Hill-Carrboro School District 20.18 10 11 Section V. General Fund Appropriations for Local School Districts 12 The following FY 2020-21 General Fund Appropriations for Chapel Hill-Carrboro 13 City Schools and Orange County Schools are approved: 14 15 a) Current Expense appropriation for local school districts totals $89,012,561, and equates 16 to a per pupil allocation of$4,367. 17 1) The Current Expense appropriation to the Chapel Hill-Carrboro City Schools is 18 $53,395,309. 19 2) The Current Expense appropriation to the Orange County Schools is 20 $35,617,252. 21 b) School Related Debt Service for local school districts totals $18,297,557. 22 c) Additional County funding for local school districts totals $6,629,597 23 24 (1) School Resource Officers and School Health Nurses Contracts - total 25 appropriation of$3,629,597 to cover the costs of School Resource Officers 26 in every middle and high school, and a School Health Nurse in every 27 elementary, middle, and high schools in both school systems. 28 (2) Deferred maintenance funding of$3,000,000 by ADM is allocated to the 29 school systems by the following: Chapel Hill-Carrboro City Schools 30 appropriation is $1,799,700 and Orange County Schools appropriation is 31 $1,200,300. 32 33 9 1 Section VI. Schedule B Privilege Licenses 2 3 In accordance with Schedule B of the Revenue Act, Article 2, Chapter 105 of the North Carolina 4 State Statutes, and any other section of the General Statutes so permitting, there are hereby 5 levied privilege license taxes in the maximum amount permitted on businesses, trades, 6 occupations or professions which the County is entitled to tax. 7 8 9 Section VII. Animal Licenses 10 11 A license costing $10 for sterilized dogs and sterilized cats is hereby levied. A license for un- 12 sterilized dogs and a license for un-sterilized cats is $30 per animal. 13 14 15 Section Vill. Board of Commissioners' Compensation 16 17 The Board of County Commissioners authorizes that: 18 • For fiscal year 2020-21, the approved budget does not include a wage increase or merit 19 pay. 20 • Annual compensation for County Commissioners will include the County contribution for 21 health insurance, dental insurance and life insurance that is provided for permanent 22 County employees, provided the Commissioners are eligible for this coverage under the 23 insurance contracts and other contracts affecting these benefits. 24 • County Commissioners' compensation includes eligibility to continue to participate in the 25 County health insurance at term end as provided below: 26 27 o If the County Commissioner has served less than two full terms in office (less 28 than eight years), the Commissioner may participate by paying the full cost of 29 such coverage. (If the Commissioner is age 65 or older, Medicare becomes the 30 primary insurer and group health insurance ends.) 31 32 o If the County Commissioner has served two or more full terms in office (eight 33 years or more), the County makes the same contribution for health insurance 34 coverage that it makes for an employee who retires from Orange County after 20 35 years of consecutive County service as a permanent employee. If the 36 Commissioner is age 65 or older, Medicare becomes the primary insurer and 37 group health insurance ends. The County makes the same contribution for 38 Medicare Supplement coverage that it makes for a retired County employee with 39 20 years of service. 40 41 o Annual compensation for Commissioners will include a County contribution for 42 each Commissioner to the Deferred Compensation (457) Supplemental 43 Retirement Plan that is the same as the County contribution for non-law 44 enforcement County employees in the State 401 (k) plan. For fiscal year 2020- 45 21, the approved budget continues the County contribution of $27.50 per pay 46 period and a County contribution match of up to $63.00 semi-monthly. 47 48 Section IX. Budget Control 49 50 General Statutes of the State of North Carolina provide for budgetary control measures 10 1 to exist between a county and public school system. The statute provides: 2 3 Per General Statute 115C-429: 4 (c) The Board of County Commissioners shall have full authority to call for, and the Board of 5 Education shall have the duty to make available to the Board of County Commissioners, upon 6 request, all books, records, audit reports, and other information bearing on the financial 7 operation of the local school administrative unit. 8 9 The Board of Commissioners hereby directs the following measures for budget administration 10 and review: 11 That upon adoption, each Board of Education will supply to the Board of County 12 Commissioners a detailed report of the budget showing all appropriations by function and 13 purpose, specifically to include funding increases and new program funding. The Board of 14 Education will provide to the Board of County Commissioners a copy of the annual audit, 15 monthly financial reports, copies of all budget amendments showing disbursements and use of 16 local moneys granted to the Board of Education by the Board of Commissioners. 17 18 The Board of Commissioners hereby approves the following financial policies: 19 • The County will not initiate any capital funding until October 1, 2020, and pending a 20 review of the first quarter financial report, with the exception of County appropriations to 21 the school districts and any other County Manager exceptions. 22 • The County will initiate measures to recoup sales tax proceeds on school capital 23 projects through the conveyance of school property to the County with the school 24 property reverting back to the school districts at the end of the construction period. 25 • The County will ensure that all monthly general ledger postings occur by the 10t" work 26 day of each month. 27 • The County will ensure that monthly financial reports are available by the 151" work day 28 of each month. 29 • The County will not issue debt for a project until a bid award date and construction start 30 date is established. 31 • Whereas, it is a best practice for governments to account for capital assets separate 32 from their operating funds, and; Whereas, enterprise funds generally establish Renewal 33 and Replacement Capital Funds to account for the acquisition of capital assets; 34 Therefore, 35 a. The Solid Waste Renewal and Replacement Capital Fund is established to 36 account for sources of income earmarked to fund the County Capital Investment 37 Plan. Sources of income including debt financing proceeds, pay-as-you-go 38 funds, and any other sources earmarked to finance acquisition of capital assets. 39 b. The Sportsplex Renewal and Replacement Capital Fund is established to 40 account for sources of income earmarked to fund the County Capital Investment 41 Plan. Sources of income including debt financing proceeds, pay-as-you-go 42 funds, and any other sources earmarked to finance acquisition of capital assets. 43 Whereas, the County intends to undertake Capital Projects as approved in Year 1 (FY 44 2020-21) of the Capital Investment Plan, will use its own funds to pay initial Project 45 costs, and then reimburse itself from financing proceeds for these early expenditures. 46 The expected primary type of financing for the Projects is installment financing under 47 Section 160A-20. The financing may include more than one installment financing, and 48 may include installment financings with equipment vendors and installment financings 49 that include the use of limited obligation bonds. The Manager and Finance Officer have 50 advised the Board that it should adopt this resolution to document the County's plans for 11 1 reimbursement, in order to comply with certain federal tax rules relating to 2 reimbursement from financing proceeds. 3 • The Community Loan Fund will issue no interest loans to recipients in this program. 4 • The County has adopted a policy to fund no interest loans to Non-Profit organizations 5 that meet certain financial criteria, as adopted on September 20, 2018. 6 • The County will include in its Travel Policy that travel expenses for Commissioners and 7 County Staff will include the purchase of carbon offsets for any airfare and the miles 8 traveled by Car Share vehicles. 9 10 11 Section X. Internal Service Fund - Health and Dental Insurance Fund 12 13 The Health and Dental Insurance Fund accounts for receipts of premium payments from the 14 County and its employees, employees for their dependents, all retirees and the payment of 15 employee and retiree claims and administration expenses. Projected receipts and fund 16 reserves from the County and employees for fiscal year 2020-21 will be $14,085,214, and 17 projected expenses for claims and administration for fiscal year 2020-21 will be $14,085,214. 18 19 Section XI. Agency Funds 20 21 These funds account for assets held by the County as an agent for other government units, and 22 by State Statutes, these funds are not subject to appropriation by the Board of County 23 Commissioners, and not included in this ordinance. 24 25 26 Section XII. Encumbrances 27 28 Operating funds encumbered by the County as of June 30, 2020 are hereby reappropriated to 29 this budget. 30 31 32 Section XIV. Capital Projects & Grants Fund 33 34 The County Capital Improvements Fund, Schools Capital Improvements Fund, Proprietary 35 Capital Funds, and the Grant Projects Fund are hereby authorized. Appropriations made for the 36 specific projects or grants in these funds are hereby appropriated until the project or grant is 37 complete. 38 39 The County Capital Projects Fund FY 2020-21 budget, with anticipated fund revenues of 40 $11,188,082 and project expenditures of$11,188,082 is hereby adopted in accordance with 41 G.S. 159 by Orange County for the fiscal year beginning July 1, 2019, and ending June 30, 42 2020, and the same is adopted by project. 43 44 The School Capital Projects Fund FY 2019-20 budget, with anticipated fund revenues of 45 $21,387,313, and project expenditures of$21,387,313 is hereby adopted in accordance with 46 G.S. 159 by Orange County for the fiscal year beginning July 1, 2020, and ending June 30, 47 2021, and the same is adopted by project. 48 49 The Proprietary Capital Funds FY 2020-21 budget, consisting of Water and Sewer Utilities, 50 Solid Waste, and Sportsplex, with anticipated fund revenues of $2,427,952, and project 12 1 expenditures of$2,427,952 is hereby adopted in accordance with G.S. 159 by Orange County 2 for the fiscal year beginning July 1, 2020, and ending June 30, 2021, and the same is adopted 3 by project. 4 5 The Solid Waste Renewal and Replacement Capital Fund FY 2020-21 budget, with anticipated 6 sources of income of$2,368,764, and anticipated expenditures of$2,368,764 is hereby 7 adopted in accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 8 2020, and ending June 30, 2021. 9 10 The Sportsplex Renewal and Replacement Capital Fund FY 2020-21 budget, with anticipated 11 sources of income of$1,645,852, and anticipated expenditures of$1,645,852 is hereby 12 adopted in accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 13 2020, and ending June 30, 2021. 14 15 The County Grant Projects Fund FY 2020-21 budget, with anticipated fund revenues of 16 $658,901, and project expenditures of$658,901, is hereby adopted in accordance with G.S. 17 159 by Orange County for the fiscal year beginning July 1, 2020, and ending June 30, 2021, 18 and the same is adopted by project. 19 20 Any capital project or grant budget previously adopted, the balance of any anticipated, but not 21 yet received, revenues and any unexpended appropriations remaining on June 30, 2020, shall 22 be reauthorized in the FY 2020-21 budget. 23 24 25 Section XVI. Contractual Obligations 26 27 The County Manager is hereby authorized to execute contractual documents under the 28 following conditions: 29 30 1. The Manager may execute contracts for construction or repair projects that do not 31 require formal competitive bid procedures, and which are within budgeted departmental 32 appropriations, for which the amount to be expended does not exceed $250,000. 33 2. The Manager may execute contracts for general and/or professional services which are 34 within budgeted departmental appropriations, for purchases of apparatus supplies and 35 materials or equipment which are within the budgeted departmental appropriations, and 36 for leases of property for a duration of one year or less and within budgeted 37 departmental appropriations for which the amount to be expended does not exceed 38 $89,999. 39 40 3. Subject to prior Board of County Commissioner authorization at an official Board 41 meeting, the Manager is authorized to execute contracts, their amendments and 42 extensions, in amounts otherwise reserved for Board approval and execution by the 43 Chair, up to the Board-approved budgetary amount for a project or service that has 44 been approved by the Board of County Commissioners in the current year budget. 45 46 4. Contracts executed by the Manager shall be pre-audited by the Chief Financial Officer 47 and reviewed by the County Attorney to ensure compliance in form and sufficiency with 48 North Carolina law. 49 13 1 5. The Manager may sign intergovernmental service agreements in amounts under 2 $90,000. 3 4 6. The Manager may sign intergovernmental grant agreements regardless of amount as 5 long as no expenditure of County matching funds, not previously budgeted and 6 approved by the Board, is required. Subsequent budget amendments will be brought to 7 the Board of County Commissioners for revenue generating grant agreements not 8 requiring County matching funds as required for reporting and auditing purposes. 9 10 7. The Manager and Attorney will provide a quarterly report to the County Commissioners 11 showing the type and amount of each intergovernmental agreement signed by the 12 Manager. 13 14 15 This budget being duly adopted this 161" day of June 2020. 16 17 18 19 Donna Baker, Clerk to the Board Penny Rich, Chair 20 21 22 23 Renee Price, Vice-Chair Jamezetta Bedford 24 25 26 27 Mark Dorosin Sally Greene 28 29 30 31 Mark Marcoplos Earl McKee 32 33 PUBLIC COMMENT: 34 Riley Ruske said Orange County has the highest property and sales tax rate in the 35 state, and this year residents will be hit with a higher tax rate due to the revaluation. He said 36 due to increase in County spending there will be a 6% property tax increase over the next few 37 years. He said there is no relief in sight for residents, and the County government is bloated 38 with wasted funds. 39 Kristin Driggers said during the last meeting Chair Rich suggested creating an 40 emergency technology fund by reallocating library funding, and the Orange County Board of 41 Commissioners voted instead to fund the Chapel Hill Library. She implored the BOCC to 42 reconsider its vote. 43 Sonia Dashe echoed the previous speaker. She asked if the Board would please delay 44 its vote on the budget, and reexamine it from an equity mindset in order to benefit the 45 community from a human services role, as opposed to punishment. 46 Commissioner Price referred to the County fee schedule, and said it is out of date. She 47 asked if the staff could update it over the summer. 48 49 A motion was made by Commissioner Price, Commissioner Bedford seconded by for the 50 Board to adopt the FY2020-21 Budget Ordinance, the FY2020-21 County Grant Projects, and 14 1 the FY2020-21 County Fee Schedule, consistent with the parameters outlined in the Board's 2 "Resolution of Intent to Adopt the FY2020-21 Orange County Budget". 3 4 VOTE: UNANIMOUS 5 6 b. Approval of the Orange County Capital Investment Plan Projects of$35,003,347 7 for FY2020-21 8 9 The Board considered voting to approve the Orange County Capital Investment Plan 10 Projects of$35,003,347 for FY2020-21. 11 12 BACKGROUND: For over 20 years, the County has produced a Capital Investment Plan (CIP) 13 that establishes a budget planning guide related to capital needs for the County as well as 14 Schools. The current CIP consists of a 5-year plan that is evaluated annually to include year-to 15 year changes in priorities, needs, and available resources. Approval of the CIP commits the 16 County to the first year funding only of the capital projects; all other years are used as a 17 planning tool and serves as a financial plan. 18 19 Capital Investment Plan — Overview 20 The FY2020-21 (Year 1) CIP includes County Projects, School Projects, and Proprietary 21 Projects. The School Projects include Chapel Hill Carrboro City Schools, Orange County 22 Schools, and Durham Technical Community College — Orange County Campus projects. The 23 Proprietary Projects include Water and Sewer, Solid Waste Enterprise Fund, and Sportsplex 24 projects. 25 26 At the June 9, 2020 Budget Work Session, the Board of County Commissioners approved the 27 Intent to Adopt the FY 2020-21 (Year 1) funding of the Capital Investment Plan. Final decisions 28 on a Five-Year CIP will be considered by the Board in September 2020. 29 30 Commissioner Bedford said, out of an abundance of caution to protect her CPA license, 31 she expects to vote no on years 2 and 3 in September, due to wanting to avoid any possible 32 impropriety and conflict with the LGC. 33 Commissioner Dorosin asked if years 2 and 3 were already approved at last week's 34 meeting. 35 Travis Myren said the Board is just approving year one tonight for the planning, and the 36 rest of the plan will be reviewed in September. 37 Commissioner Dorosin said that was not his understanding of last week's decision, and 38 he thought in September the Board was just making off set cuts on which it could not decide 39 last week. 40 Travis Myren said as of now, the Board does not have years 2 and 3. He said the Board 41 is not accepting years 2 and 3 tonight. 42 Commissioner Dorosin said it is his understanding that the Board would pick up, in 43 September, where it left off on June 9t". He said the remaining conversation is to determine the 44 offsetting cuts. He said he wanted to be clear that the majority of the Board voted to move the 45 projects into years 2 and 3, and he does not want to re-visit the Board's vote in September. 46 Travis Myren said the Board can start there. 47 Commissioner Dorosin said he knows the Board can start there, but he wants to make it 48 clear that the Board is obligated to start there, due to the vote that was taken last week. He 49 said he does not want to get September and have to revote. 15 1 Bonnie Hammersley said the motion that was passed last week was to move the project 2 to years 1, 2 and 3, and the only way to change that is for someone who voted for this last week 3 to rescind their vote. He said the Local Government Commission (LGC) does not require a CIP 4 Plan, rather it is a best practice. She said the Board only votes on year 1, with the rest of the 5 plan being conceptual, and voted on officially in consecutive years. She said the Board 6 affirmatively voted to move the project to years 1, 2 and 3, but did not determine any offsets for 7 years 2 and 3. 8 Commissioner Dorosin said that is correct, as he understands it. 9 Commissioner Marcoplos said his understanding was that the conversation was to pick 10 up in September about the offsets for years 2 and 3. He said he is having difficulty supporting 11 the offsets in year one, because none of the Board clearly understands the implications of 12 those offsets. 13 Bonnie Hammersley said the CIP has detailed information on every project in the 14 budget, and if the Board needs more information, it should let staff know. 15 Commissioner Dorosin said he wanted to follow up on Commissioner Marcoplos' point. 16 He said he did look through the CIP very closely to find the offsetting costs he proposed, and 17 he is aware of the implications of these cuts. He said the decision of what to cut was not easy. 18 Commissioner Marcoplos said he wants to point out the distinction between knowing 19 what each dollar is spent on these projects versus what will happen if the projects are not 20 completed. He said he hopes the Board of County Commissioners (BOCC) can have a wider 21 discussion in the fall. He said he is confident that Commissioner Dorosin did diligent work in 22 proposing the cuts that he did. 23 24 A motion was made by Commissioner Dorosin, seconded by Commissioner Bedford for 25 the Board to approve funding and adopt the Orange County Capital Investment Plan projects 26 for FY2020-21 (Year 1), as stated in Attachment 1. 27 28 VOTE: UNANIMOUS 29 30 31 c. Approval of Small Business Program Modifications 32 33 The Board considered voting to: 34 1) Establish the Small Business Fund on the County's Books and Chart of Accounts; 35 2) Approve the transfer of the remaining balance of$510,000 from the Small Business 36 bank account to the County's bank account, of which $410,000 is to be used for 37 Emergency grants to small businesses and the remaining $100,000 and any residual 38 balances to be deposited in the County's bank account; 39 3) Approve the Staff and Small Business Loan Board recommendation for the eventual 40 dissolution of the nonprofit entity named the Orange County Small Business Loan 41 Company Program; and 42 4) Approve the Staff and Small Business Loan Board recommendation to make all 11 43 existing loans with an outstanding balance of$286,508.17 as zero interest and 44 subsequent Small Business Loans as zero interest. 45 46 Gary Donaldson, Chief Financial Officer, presented the item below: 47 48 BACKGROUND: 49 In December 1997, the BOCC approved Articles of Incorporation and Bylaws establishing the 50 nonprofit Orange County Small Business Loan (SBL) Company. Staff and the Small Business 16 1 Loan Board are recommending the eventual dissolution of the nonprofit SBL and transferring all 2 funds and the financial administration of the program to County's books and existing policies 3 and procedures. The rationale is that the County's financial administration will provide 4 enhanced system controls through a better financial ledger and software infrastructure, 5 redundancy and systems support than the current SBL financial subsidiary ledger. 6 7 Key historical milestones for the SBL Program nonprofit are as follows: 8 9 October 6, 1998 BOCC Meeting 10 Operating Policies and Procedures document was approved by BOCC. 11 12 September 1999 - Articles of Incorporation for the Orange County Small Business Loan 13 Program Company were issued by the N.C. Secretary of State. 14 15 March 21, 2000 BOCC Meeting 16 The BOCC approved a Loan Program resolution which included a nine-member Board of 17 Directors comprised of three county officials (County Finance Director, County Manager, and 18 Economic Development Director) and six bank representatives. 19 20 March 13, 2007 BOCC Meeting 21 Economic Development staff presented recommendations to reorganize and provide capital to 22 the Loan Program. The Economic Development Commission Advisory Board and SBL Board 23 endorsed the recommended changes including $150,000 to the SBL to establish a revolving 24 loan fund which was approved the BOCC. 25 26 November 5, 2007 BOCC Meeting 27 Economic Development staff presented revised Bylaws and requested a Resolution which was 28 approved by the BOCC. 29 30 January 15, 2008 BOCC Meeting 31 The Board approved changes to the SBL Bylaws to modify the Board of Directors to the current 32 composition: 33 • 1 BOCC Member 34 • 2 Small Business Owners 35 • 2 Local Commercial Bankers 36 • 1 Economic Development Commission 37 • Orange County Economic Development Director 38 • Orange County Finance Director 39 40 2010 — Former County Manager Frank Clifton directed $200,000 from the Orange 41 County/Chapel Hill Visitors Bureau's Fund Balance to the SBL program. 42 November 2011 — The one quarter cent sales tax referendum (Article 46) was approved by 43 Orange County voters in November 2011, providing the SBL Loan program $200,000 annually 44 in additional lending capital. 45 46 January 2016 — The Department of Economic Development's active marketing of the SBL 47 program resulted in the use of assigned Article 46 fund balance to supplement the original 48 seeded funds to issue Small Business loans. 49 17 1 February 7, 2020 2 The SBL Board of Directors endorsed recommended changes by the departments of Finance 3 and Economic Development including: 4 1) Making all Small Business Loans zero interest 5 2) Enhancing Collections mechanisms to include electronic funds transfer and use of 6 Collection Agencies 7 3) Revised Small Business practices to conform with the Department of Finance Policies 8 and Procedures Manual 9 10 FINANCIAL IMPACT: This item proposes to establish the Small Business Loan Fund on the 11 County's Books and Chart of Accounts, and transfer $510,000 from the SBL bank account, of 12 which $410,000 will be used to provide Emergency Small Business grants to businesses 13 impacted by the pandemic. Budget amendments are forthcoming to effectuate these actions. 14 15 Gary Donaldson made the following PowerPoint presentation: 16 17 Small Business Program Modifications 18 June 16, 2020 Business Meeting 19 20 Background 21 1997- Board of County Commissioners (BOCC) approved Bylaws and Articles of Incorporation 22 establishing the nonprofit Orange County Small Business Loan (SBL) December 1997 23 24 2008- BOCC Approved the current Small Business Loan Board Composition- 25 - 1 BOCC Member 26 - 2 Small Business Owners 27 - 2 Local Commercial Bankers 28 - 1 Economic Development Commission 29 - Orange County Economic Development Director 30 - Orange County Finance Director 31 32 ❖ Source of funding is Article 46 Sales Tax revenue 33 34 ❖ SBL program is managed by the Economic Development Department 35 36 Abstract Purpose 37 ❖ Establish the Small Business Fund on the County's Financial System 38 ❖ Enhanced Policies and Procedures and Controls 39 ❖ Transfer of all remaining balance of$510,000 and accrued balances from the SBL bank 40 account to the County's bank account 41 ❖ Make all outstanding 11 loans (current balance $286,508.17) zero interest and all new 42 loans zero interest 43 ❖ Eventual dissolution of the SBL nonprofit as unanimously voted by the SBL Board 44 45 Dissolution of Small Business Nonprofit 46 ❖ Transfer funds from Small Business Loan Company to County General Account 47 ❖ Establish County General Ledger Accounts for Income Statement and Balance Sheet 48 reporting 49 ❖ Loan Board Chair submits letter to County Manager ( date to be determined) 18 1 ❖ Complete requisite dissolution forms to NC Secretary of State and Internal Revenue 2 Service 3 4 Policies and Procedures Enhancements 5 ❖ All Financial Transactions to mimic County Financial Policies 6 ❖ Authorized Bank Signatures Defaults to County Manager and Finance Director 7 ❖ Create Small Business Fund in Tyler MUNIS Financial System to record all financial 8 transactions including tracking Accounts Receivables (A/R) 9 ❖ Escalate all outstanding AR balances and take appropriate collection actions 10 11 Board Action Steps 12 ❖ Approve Staff recommendations 13 - Dissolution of SBL nonprofit 14 - Conformance to County Policies and Procedures 15 16 Questions/Comments 17 18 Commissioner Price asked if there will be an advisory board. 19 Gary Donaldson said yes, the Small Business Loan Committee. 20 Commissioner Bedford thanked staff for moving the data to the County, and she 21 supported the 0% interest loans. She said the Small Business Loan Committee is a great to 22 work with, and the public needs to be better informed that this program exists. 23 Commissioner Dorosin asked if the status of this committee, moving forward, could be 24 identified. 25 Gary Donaldson said the pandemic has put everything on pause, but once the status 26 quo returns, the committee will go back to giving out loans. 27 Commissioner Dorosin asked if this committee is the same one that is overseeing the 28 emergency loan program. 29 Chair Rich said no it is not, but there are some committee members that overlap 30 between the two groups. 31 32 A motion was made by Commissioner Bedford, seconded by Commissioner Price for the 33 Board to: 34 1) Establish the Small Business Fund on the County's Books and Chart of Accounts; 35 2) Approve the transfer of the remaining balance of$510,000 from the Small Business 36 bank account to the County's bank account, of which $410,000 is to be used for 37 Emergency grants to small businesses and the remaining $100,000 and any residual 38 balances to be deposited in the County's bank account; 39 3) Approve the Staff and Small Business Loan Board recommendation for the eventual 40 dissolution of the nonprofit entity named the Orange County Small Business Loan 41 Company Program; and 42 4) Approve the Staff and Small Business Loan Board recommendation to make all 11 43 existing loans with an outstanding balance of$286,508.17 as zero interest and 44 subsequent Small Business Loans as zero interest. 45 46 47 VOTE: UNAIMOUS 48 49 d. Amendments to the Orange County Solid Waste Ordinance Regarding Disposal of 50 Construction and Demolition Waste at Waste and Recycling Centers 19 1 2 The Board considered voting to: 3 1) approve a proposed resolution amending the Solid Waste Ordinance with the 4 amendments becoming effective August 3, 2020; 5 2) direct solid waste staff to consistently enforce Section 34-40 of the Solid Waste 6 Ordinance related to construction and demolition waste as set forth in the 7 amended Ordinance beginning August 3, 2020; and 8 3) in the interim, pursue a public education effort to inform the public and also 9 make signage improvements at the various Centers to educate the public and 10 enhance administration of the Ordinance provisions. 11 12 Robert Williams, Solid Waste Director, presented this item: 13 14 BACKGROUND: The Orange County Waste and Recycling Centers (Centers) were established 15 for the disposal of household municipal solid waste and recycling. Specifically, the Orange 16 County Solid Waste Ordinance provides in Section 34-40 that Centers are maintained at 17 selected locations throughout the County for the convenience of County residents. The Section 18 provides a list of wastes that may not be accepted at convenience centers, including 19 commercial waste, institutional waste, industrial waste, land clearing waste, and construction 20 waste and demolition waste. In contrast, the Ordinance specifically provides a list of materials 21 that, if there is a specifically designated area for collection, may be deposited at the Centers, 22 including white goods, furniture, yard waste and tires. These Ordinance provisions have been in 23 effect since May of 1993. 24 25 A recent audit of the Centers highlighted that the Ordinance was not being consistently 26 administered by some of the Solid Waste staff. The Centers have traditionally allowed a 27 "wheelbarrows" worth of construction and demolition waste to be deposited in the bulky waste 28 area as an accommodation to residential users of the sites. This amount was being 29 inconsistently applied by staff. In addition, it became apparent that construction and demolition 30 waste of a commercial nature was also being brought to the sites. Individuals that were 31 renovating homes for commercial purposes were bringing or causing large quantities of 32 material 33 to be brought to the sites. 34 35 Staff's recommendation proposes amending the Ordinance to allow for up to 36 cubic feet of 36 residential construction and demolition waste per household per day or weekend period from 37 the users' primary residence. The goal is to support Orange County residential customers 38 disposing of material from a "Do It Yourself" project. The proposed 36 cubic feet quantity was 39 determined using a pickup truck with a 6 foot bed, which is equal to 90 cubic feet of space. 40 Because of limited space and to discourage business usage, 36 cubic feet of material is 41 proposed to be the maximum amount of construction and demolition debris that can accepted. 42 43 To further support those goals, the proposed revision to the Ordinance would require that proof 44 of residency be provided prior to unloading of material, hired contractors could not use the 45 Center, and loads exceeding the designated limits will not be accepted. In addition, customers 46 attempting to enter a Center with loads exceeding 36 cubic feet of construction and demolition 47 waste would be declined and not permitted to dispose of any material. 48 49 The amendments as proposed also specify the types of waste deemed construction and 50 demolition wastes for this purpose. The materials are those items that are allowed at the 20 1 Orange County Construction and Demolition Landfill. Containers for the allowable construction 2 and demolition waste would be available at the Eubanks, Walnut Grove, High Rock and 3 Ferguson Centers. Materials delivered to the C&D containers would then be delivered to the 4 Orange County Construction and Demolition Landfill. (It should be noted that there is not 5 sufficient space to collect material at the Bradshaw Quarry Center, and individuals bringing 6 allowable C&D material to that location will be directed to another Center.) 7 8 FINANCIAL IMPACT: Current conservative estimates are that 20-25% of bulky wastes 9 delivered to the Waste and Recycling Centers are construction and demolition wastes. Tipping 10 fees for those materials are estimated to be $75,000-$88,000 per year. Increasing the amount 11 of allowable construction and demolition wastes may result in the tipping fees paid to outside 12 vendors to go down $75,000-$88,000 per year resulting 13 $10,000. 14 15 Commissioner McKee said he appreciated the clarification on the cost, and the potential 16 decrease in anticipated cost. He said he is fine with everything, except the 36 cubit feet. 17 Commissioner Price said she is unclear on the financial impact, and how the County is 18 losing money. 19 Robert Williams said whoever is allowed to dump construction and demolition (C&D) 20 debris, it is hauled to another entity in Durham, and then the landfill in another County. He said 21 Orange County is not collecting any fees for that. 22 Commissioner Price said there are tipping fees of$75,000-88,000, and she asked from 23 where these fees come. 24 Robert Williams said Durham has tipping fees of$47.50 per ton, and Orange County 25 averages 1900 tons of C&D, which is ending up at waste and recycling centers, which is not 26 allowed. He said if this same amount of C&D is delivered to the Orange County landfill at $42 27 per ton, it is a savings of around $11,000. 28 Commissioner Price asked if the phrase, "per weekend period" could be clarified. 29 Robert Williams said that means Saturday or Sunday. He said there are more users on 30 the weekend. 31 Commissioner Dorosin asked if the photos in the abstract could be explained. He said 32 the first picture is of truck taken from the back, and the second is a picture of a truck taken from 33 the side. 34 Robert Williams said the first picture shows what 36 cubic feet looks like when it is 35 brought in in the back of an 8 foot pick up truck. He said the second picture shows larger, 36 oversize objects, which hang over the edge of the truck, but would still be accepted because 37 one can still see part of truck bed. 38 Commissioner Dorosin said the abstract says, "36 cubic feet of quantity is equal to 96 39 cubic feet of space," and asked if this could be explained. 40 Robert Williams said 96 cubic feet of space is the space in a 6-foot pick up bed. 41 Commissioner Marcoplos asked if there could be a C&D dumpster at each Solid Waste 42 Convenience Center (SWCC), that was policed for amounts, but then dumped into Orange 43 County's landfill. 44 Bonnie Hammersley said that is the $10,000 savings to which Robert Williams' referred 45 in the financial impact. She said SWCC staff would segregate it and send it to the County's 46 own C&D landfill, as opposed to sending it to Durham. 47 Robert Williams said with the increase in the number of tons coming into the C&D 48 Landfill, the useable air space will start to be taken up. He suggested that the Board just keep 49 this in mind. 50 Commissioner Greene asked if there is a plan to enforce these limits. 21 1 Robert Williams said through staff training and experience. He said staff will have to 2 judge if a load meets the threshold. 3 Commissioner Greene asked if there is a reason for choosing 36 cubic feet, and if there 4 is a reason to not go with Commissioner McKee's recommendation of 60 cubic feet. 5 Robert Williams said his department did some testing, and observed residents typical 6 loads when completing a small home project. He said 36 cubic feet seemed to fall within a 7 typical amount. He said the amounts may go over every now and then, as long as staff has 8 made a good faith effort to judge the amount properly. 9 Commissioner Greene asked if, based on what his department sees people doing in 10 reality, 36 cubic feet enough to satisfy the problem. 11 Robert Williams said his department wants to discourage commercial construction from 12 bringing C&D waste. 13 Commissioner Green asked if regular, non-commercial, residents be able to work with 14 the 36 cubic feet. 15 Robert Williams said yes. 16 Commissioner McKee asked if$42 dumping fee is the minimum at the C&D landfill. 17 Robert Williams said there is a scale there, and it is $22 for up to 1000 pounds in a pick 18 up truck or trailer. He said 1000-1999 pounds is prorated at the landfill, and if waste is brought 19 in a car, and not a pick up truck, there is a flat rate of$5. 20 Commissioner McKee asked if there is a plan in place to make a change, should the 36 21 cubic feet be insufficient. He said he is concerned that debris will be found on the side of the 22 road. 23 Robert Williams said data could be reviewed next year, and any changes as needed. 24 Commissioner McKee said he disagrees with the amount, and he has problems with 25 illegal dumping on his farm, and he thinks the problem will spread. He said contractors are 26 easy to identify, as well as rental property owners, and he is concerned about regular citizens. 27 He said a compromise would be 60 cubic feet, given that the default policy has been 120 cubic 28 feet for many years. He said 60 cubic feet could be evaluated after a year, just as easily as 36 29 cubic feet could be. 30 Chair Rich asked if rental property owners are considered commercial. 31 Robert Williams said yes, as it is not the owner's primary residence. 32 Commissioner McKee said commercial dumpers are easy to identify after one or two 33 visits. He said enforcement on commercial contractors will be key, and he understands this 34 may be uncomfortable for staff at times, but it is necessary to protect residential users who pay 35 taxes for solid waste services. 36 37 Resolution of Amendment 38 39 A Resolution Amending Chapter 34 of the Orange County Code of Ordinances 40 41 Be it Resolved and Ordained by the Board of Commissioners of Orange County, North 42 Carolina: 43 44 Whereas, the Solid Waste Ordinance (the "Ordinance") was enacted by the Orange County 45 Board of Commissioners in May, 1993, and 46 47 Whereas, the Ordinance establishes convenience centers for the disposal of residential 48 household waste by Orange County residents, and 49 22 1 Whereas, the Ordinance specifically sets forth materials that are not to be brought to the 2 Orange County convenience centers, now referred to as the Waste and Recycling Centers (the 3 Centers), and 4 5 Whereas, the Ordinance specifically provides that Construction and Demolition Waste is not 6 allowed at the Centers, and 7 8 Whereas, the Board has determined that it is in the interests of the County to allow limited 9 amounts of residential Construction and Demolition Waste to be deposited at the Centers by 10 Orange County residential users; and 11 12 Whereas, there is also one provision in the Ordinance that related to the MSW landfill that was 13 closed in 2013 and is no longer relevant. 14 15 NOW, therefore be it ordained that the Code of Ordinances, Orange County, North Carolina, 16 Chapter 34, is hereby amended in section 34-40 thereof to read as set forth on the attachment 17 hereto. 18 19 This Amendment shall become effective on August 3, 2020. 20 21 Adopted by the Orange County Board of Commissioners this day of June, 2020. 22 23 A motion was made by Commissioner Marcoplos, seconded by Commissioner Dorosin 24 for the Board to: 25 26 1) approve the attached proposed resolution amending the Solid Waste Ordinance with 27 the amendments becoming effective August 3, 2020; 28 2) direct solid waste staff to consistently enforce Section 34-40 of the Solid Waste 29 Ordinance related to construction and demolition waste as set forth in the amended 30 Ordinance beginning August 3, 2020; and 31 3) in the interim, pursue a public education effort to inform the public and also make 32 signage improvements at the various Centers to educate the public and enhance 33 administration of the Ordinance provisions. 34 35 Commissioner McKee offered a non-friendly amendment to change the 36 feet to 60 36 cubic feet. 37 Commissioner Price seconded. 38 Commissioner Price said initially she had no qualms with this as written, but 39 Commissioner McKee has used SWCC for years, and she respects his comments and input on 40 what is most reasonable to for those who regularly use SWCCs. 41 Commissioner Greene asked if the resolution includes a provision to review the issue in 42 a year's time. 43 Chair Rich said it is not in there. 44 Commissioner McKee said he would accept Commissioner Greene's suggestion to re- 45 evaluate the matter after a year. 46 Commissioner Price agreed. 47 Commissioner Marcoplos said he has been using these same SWCC dumpsters for 48 years, which informed his motion as well. 49 Commissioner Greene said the current practice has been 120 cubit feet, and 60 cubic 50 feet seems a more reasonable reduction than 36 cubic feet. 23 1 2 VOTE: ON AMENDMENT 3 4 Ayes, 4 (Commissioner Greene, Commissioner Bedford, Commissioner Price, 5 Commissioner McKee); Nays, 3 (Chair Rich, Commissioner Marcoplos, Commissioner 6 Dorosin) 7 8 MOTION PASSES 9 10 A motion was made by Commissioner McKee, seconded by Commissioner Bedford for 11 original motion with amendment included 12 13 Ayes, 4 (Commissioner Bedford, Commissioner Greene, Commissioner, Price 14 Commissioner McKee); Nays, 3 (Commissioner Price, Commissioner Marcoplos, 15 Commissioner Dorosin) 16 17 MOTION PASSES 18 19 7. Reports 20 21 a. Report from Sheriff Charles Blackwood on Policing, Racial Justice, and Equity in 22 Orange County 23 24 The Board received a report on the Sheriff's efforts to achieve more equitable policing. 25 26 BACKGROUND: 27 Against the backdrop of the devastating deaths of George Floyd, Breonna Taylor, and David 28 McAtee, the topic of equity and racial justice in policing has come in to sharp focus on both the 29 national and local stages. Sheriff Blackwood will address the Commissioners about the efforts 30 of the Sheriff's Office to build community trust, address implicit bias, and identify and implement 31 best practices to address racial disparities in policing. 32 33 Sheriff Blackwood said recent events have shocked the community. He said this is the 34 first time society has seen slow motion action before its very eyes. He said it was painful, and 35 many are asking what is being done locally to make sure similar things do not happen here. He 36 said, as a law enforcement leader, he must acknowledge that he is a part of systemic racism. 37 He said his department has made, and continues to make, positive changes, and much great 38 work has been done. He said many residents may not know about this good work, and he 39 welcomes the newly generated interested in making long lasting change to prevent further 40 murders. He said Orange County is doing well, but he knows this can change in an instant. 41 Sheriff Blackwood said there has been discussion about defunding law enforcement, 42 and it is important to note that Orange County began diverting funds years ago to the 43 Community Resource Court, which was new, innovative, and many were skeptical of its 44 success. He said it has proven itself to be an excellent process. He said it is a different, and 45 positive, experience. He said there are going to be sweeping changes in the courts. He said 46 the changes will be good, but will be uncomfortable for many. He said Orange County has 47 invested in its court system, all of which occurred because of partnerships and re-directing 48 funding that was going to his office to these court programs instead. He said law enforcement 49 is not trained and equipped to handle all social problems, and it is better to let those who are 50 trained should be handling mental health, drug addiction, etc. He said he brought in verbal judo 24 1 de-escalation two years ago, and made it available to all County employees, as well as law 2 enforcement throughout the state. He said there is peer support within the jails, which spread 3 to emergency rooms, and allows people to support each other. He said pre-trial supervision 4 and medicated assisted treatment are other programs where Orange County led the way. He 5 listed many other ways that Orange County is creatively approaching law enforcement with 6 great humanity, patience, and holistic planning to help people succeed and be diverted away 7 from the criminal justice system in the first place. 8 Sheriff Blackwood said he serves on the Racial Justice Task force in Orange and 9 Chatham Counties, where a lot of good work is being done. He said he serves as a 10 Commissioner on the North Carolina Governor's Crime Commission, and is on a special 11 workgroup that is addressing pretrial supervision, bail and bond reform. He said this group has 12 made recommendations to the Governor that will greatly impact the criminal justice system, and 13 provide timely review of first appearances. He said there will also be mandatory training for 14 judges and magistrates. He said there are strong initiatives around the state, as well as locally. 15 Sheriff Blackwood said he is going to put the brakes on the purchase of the mobile 16 command center, and instead will be using those funds for hiring a licensed clinical social 17 worker to be housed with his community resource division's crisis intervention team, as well as 18 hosting specialized training for all NC law enforcement, and any other departments who would 19 like to attend. 20 Sheriff Blackwood thanked Chair Rich for helping him through these past two weeks 21 since the death of George Floyd, and helping him work through some questions he had moving 22 forward. He said he and Chair Rich have formed a partnership out of these challenges, despite 23 being from radically different backgrounds. He said petty differences must be put aside, in 24 order to work together for governmental change and action. He said he is so proud and 25 fortunate to work with the Board and staff that exists in Orange County. 26 Commissioner McKee said he appreciated the Sheriff's comments, and the litany of 27 programs he listed. He said he knows that the community may not know about all of these 28 programs, but together they can serve the community. He said he is old enough to remember 29 how some of these problems were addressed in the past, and he is thankful that things are 30 continuing to change. 31 Commissioner Dorosin thanked Sheriff Blackwood for providing this report and he is 32 encouraged by the Sheriff's engagement beyond the County. He said he is also greatly 33 encourage by the decision with the command center, and re-deploying the funds to other 34 programs. He said the question of SROs is also something to consider for these funds. He 35 said part of this engagement involves hearing from the community in a public forum, and the 36 next agenda item will look more closely at this need. 37 Sheriff Blackwood said the SRO issue is going to be something that the schools are 38 discussing. He said the schools originally requested the SROs, and there is an opportunity to 39 change the face of law enforcement in the schools. He said there has to be a way to close the 40 gap of the response between the incident and the arrival of law enforcement. He said this will 41 be an ongoing discussion. 42 Sheriff Blackwood said he has already started having community discussions, and he 43 serves all people of the County. He said he is going on the road to talk to anyone. He said he 44 would like to have known about the forum before it was proposed publically, so he did not 45 appreciate how the community forum idea transpired. He said he can get over that, and they 46 can move forward together. 47 Commissioner Dorosin said the intent was to for all of them to put something together 48 collectively. 49 Commissioner Greene said she appreciated the Sheriff's comments tonight, and she 50 especially pleased to hear of the redirection of the forfeiture funds. 25 1 Commissioner Marcoplos said he may not have used the word forum in his conversation 2 with Sheriff Blackwood, but he talked about the need for a community process, and did lead the 3 conversation by saying that the Sheriff had a lot of experience to share. He said more people 4 want to engage this conversation, and Orange County is not Minneapolis. He said what Sheriff 5 Blackwood has been talking about tonight is so important. He said so many residents are 6 uninformed about what is currently being done, and this is the moment not to be missed, and 7 they owe it the community to have this discussion now. 8 Sheriff Blackwood said they just need to keep moving forward. 9 Chair Rich thanked Sheriff Blackwood for coming to speak tonight and sharing with the 10 Board. She said she and the Sheriff do often come from different perspectives, but all can work 11 together regardless. 12 Commissioner Price said Sheriff Blackwood has been open and out in the community, 13 and she is wondering why a forum is needed. She said she has held two community forums in 14 the past, and Sheriff Blackwood always joined. She said a resolution was totally unnecessary, 15 and it was just a matter of calling the Sheriff, and he was always available. 16 Commissioner Bedford said the Sheriff's department and Caitlin Fenhagen, Criminal 17 Justice Resource Director, are instrumental in the behavioral health committee in Orange 18 County. She said she knew of SROs in the schools but until she became a Commissioner, she 19 has learned so much more. She shared a personal story about her daughter. She said the 20 community needs to know all that the Sheriff's Department is involved in within the community. 21 Commissioner Dorosin said the purpose of the resolution is for the Orange County 22 Board of Commissioners to go on record that it wants to have a community forum that is 23 sponsored by the BOCC, and held in collaboration with the Sheriff. 24 Commissioner McKee said he usually does not engage in social media except to find 25 out what is going on in his community. He said last week he saw a picture and video of a 26 military vehicle, which was completely inaccurate and ill informed. He said the Sheriff has a 27 vehicle that is not like the one in the video, and he asked if the Sheriff would clarify the vehicle 28 that his department currently has. 29 Sheriff Blackwood said his department has a mine resistant, armored personnel carrier, 30 an MRAP, which is stripped down. He said it is a defensive tool that been used three times: a 31 high water rescue in Chapel Hill, where the vehicle was ultimately not needed; in Carrboro, 32 where an armed subject had been in a house for about 12 hours and the Sheriff's department 33 was called to get the gentleman out of the home and get him to safety and services; and the 34 third time it was needed was a high water rescue in the eastern part of the state, but was never 35 used. He said there is no weaponry on the vehicle, and it is to deploy deputies in a safe 36 manner. 37 Commissioner McKee said it is like his own two-ton truck he has on his farm; a high 38 water truck. 39 40 RECOMMENDATION(S): The Manager recommends that the Board receive the report from 41 Sheriff Blackwood, and be apprised of this information. 42 43 44 b. Discussion on a Potential Community Forum Regarding Policing and Racial 45 Justice and Equity in Orange County 46 The Board discussed and considered voting to approve a potential community forum 47 regarding policing and racial justice and equity in Orange County and a resolution calling for 48 such a forum. 49 Commissioner Dorosin and Commissioner Marcoplos presented this item: 50 26 1 BACKGROUND: 2 Commissioners Mark Dorosin and Mark Marcoplos recently shared the attached resolution with 3 other Board members and suggested the Board might want to discuss this topic and potential 4 consideration of the attached resolution. 5 6 Commissioner Dorosin said the resolution speaks for itself, and the Board should take a 7 vote and make a commitment. He said it is critical that the Board take a position on whether or 8 not it wants to do this. 9 Commissioner Dorosin read the resolution: 10 11 A RESOLUTION CALLING FOR A COMMUNITY PUBLIC FORUM TO DISCUSS ISSUES OF 12 POLICING AND RACIAL JUSTICE AND EQUITY IN ORANGE COUNTY 13 WHEREAS, the residents of Orange County, North Carolina are committed to discussing and 14 addressing issue of structural racism, inclusion, racial equity, and the continuing legacy of racial 15 segregation and discrimination in this community; and 16 17 WHEREAS, on June 2, 2020, the Board of County Commissioners adopted "A Resolution 18 denouncing the murder of George Floyd and addressing the health director's declaration of 19 structural racism as a "public health crisis" in Orange County" and committed to working to 20 dismantling structural racism; and 21 22 WHEREAS across the nation local governments and the communities they represent are 23 engaging in a wide-ranging review of police policies and practices in light of these tragic events, 24 and 25 26 WHEREAS Orange County places a high priority on community engagement, participation, and 27 transparency; and 28 29 WHEREAS unlike municipalities in our state, which directly control their police departments, the 30 Sheriff is an independently elected official under the North Carolina Constitution and the 31 Sheriff's Office is an independent county agency, but by this resolution seeks it's partnership in 32 addressing these issues. 33 34 NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners will 35 conduct a community public forum to discuss issues of policing and racial justice and equity in 36 Orange County, and 37 38 BE IT FURTHER RESOLVED that the Orange County Board of Commissioners will request 39 that the Sheriff and the Sheriff's Office be a full and equal partner with the BOCC in planning, 40 organizing, and leading the forum. 41 42 This, the 16t" Day of June, 2020. 43 44 Commissioner Dorosin said Orange County is not a city, and the Sheriff is not their 45 Board's employee. He said it is incumbent of this Board to do this. 46 47 A motion was made by Commissioner Dorosin, seconded by Commissioner Marcoplos 48 for the Board to approve the resolution calling for such a community policing forum. 49 27 1 Commissioner Marcoplos said the Board should step up and take the responsibility 2 given to it, since so many resident are asking questions. He said the forum should be 3 straightforward, and the Board needs to listen to its residents. 4 Commissioner Price said she will abstain from voting on this. She said she recognizes 5 that the intention is good, but she has issues with it. She said a resolution has never before 6 been needed to have a community meeting. She said this is supposed to be about racial equity 7 and justice, and it bothers her to have the Sheriff as an equal partner, but not Annette Moore, 8 Human Rights and Relations Director. She said no person of color is involved in the planning of 9 this forum. She said she agreed with the intent, but she has issues with the process. 10 Commissioner Greene said she is in favor of this forum and has no issues with the 11 resolution. She agreed with Commissioner Dorosin that the Board should be on record that it is 12 having this conversation. She said she does not understand the bickering, and the Board 13 should just move forward. She said Commissioner Price cannot abstain unless there is a real 14 conflict on interest. 15 Commissioner Dorosin said to Commissioner Price that nothing has yet been planned. 16 He said all the Orange County Board of Commissioners will be involved in the planning and the 17 execution of this forum, and the topic has simply been brought up for discussion. He said if the 18 majority of the Board votes to have a forum, then planning can begin. 19 Commissioner Price said she was not trying to bicker, and she recognizes the good 20 intent behind the actions. She said she has a problem with the fact that Commissioner 21 Marcoplos, Commissioner Dorosin, and the Sheriff were putting this idea forward, as they are 22 three white men. She said it would have been more respectful to have some diverse partners 23 to be a part of this. 24 Commissioner Dorosin said this is an idea, and nothing is planned. He said this has 25 been presented as an idea for the Board to decide upon. He said he likes to have discussions 26 publicly and provide total transparency. 27 28 PUBLIC COMMENT: 29 Sonia D said it is important that the planning should involve those most impacted, and 30 she hoped that not only recommendations out of the forum, but real concrete commitment. 31 Commissioner McKee said he has the same concerns as Commissioner Price, and this 32 could have been a petition. He speculated that the Sheriff had no part in formulating this 33 resolution, and likely neither did Commissioner Price or the HRC. He said there was probably 34 also no input from the people of color in the community. He said he has never seen a 35 resolution come forward like this before, but rather it has always been done using the petition 36 process. He said he feels conversation is important, and he will support the forum. He said if 37 conversations had started years ago, the situation might not be what it is today. 38 Commissioner McKee said Commissioner Dorosin and Commissioner Marcoplos did not 39 think in advance as to how this would be received, and he hopes the motivation is pure and he 40 will vote for this. He said this could have been handled in a much better way. 41 Commissioner Marcoplos said he is having a hard time understanding this feedback, 42 and he and Commissioner Dorosin said this was kept wide open with a clean canvas to decide 43 on a forum. He said the resolution format was chosen to promote the urgency of this issue, as 44 opposed to the petition process that takes weeks. He said he is often asked what he is going to 45 do to fight racism, and this is an invitation to all to have a discussion. 46 Commissioner Dorosin said that Commissioner McKee does not know with whom he 47 has talked, and he has talked to many diverse members of the community. He said this 48 resolution is in response to what has been brought forward to him by the community. 49 Commissioner Dorosin called the question. 50 28 1 VOTE: Ayes, 6 (Chair Rich, Commissioner Greene, Commissioner Marcoplos, 2 Commissioner Dorosin, Commissioner McKee, Commissioner Bedford) 3 4 Commissioner Price is present but did not vote. 5 John Roberts said when members of the Board are physically present for a vote, and 6 choose to abstain, the vote is counted as a "yes". He said the rules of procedure, and the new 7 law, are unclear as to whether a person, who is participating remotely, can abstain. He said the 8 minutes should reflect that Commissioner Price was present, and did not vote, unless she 9 would like to ask the Board to excuse her from voting, in which case the Board would need to 10 vote to allow her to do so. 11 Commissioner Price asked the Board to excuse her from voting. 12 13 A motion was made by Commissioner McKee to excuse Commissioner Price from 14 voting. 15 16 No Second. 17 MOTION FAILS 18 19 Commissioner Price said she will not vote. She reiterated her reason being that she 20 finds a resolution about racial injustice, that does not include the mention of partnering with 21 people of color, to be concerning. She said she was not sure what is the best adjective to 22 describe her feelings. 23 Chair Rich said the public forum should occur, and needs to happen soon. She said 24 she has also heard from many community members that want to speak about these issues. 25 She asked if the intent is to have this forum presented by the entire BOCC. 26 Commissioner Dorosin said one way to do this is like a public hearing, with a short 27 presentation by the Sheriff and the HRC. He said the bulk of the time should be for the public 28 to speak. 29 Chair Rich said the Board can do it that way, having the BOCC take time to listen and 30 then perhaps collaborative respond to all of the questions that are asked. 31 Sheriff Blackwood said it is important to keep in mind that, if there are a lot of people, a 32 facilitator may be wise to take input from the public and then have panel respond. He said he 33 would recommend having Caitlin Fenhagen, someone from the courts, the District Attorney, 34 faith community, etc. He said it needs to happen soon, and zoom works well for this format to 35 allow greater numbers and more access. 36 Commissioner Greene said the Sheriff's comments are in line with what she was 37 thinking. She said people should be able to express freely, with the facilitator keeping the flow 38 organized and moving. She said including representatives from the National Association for the 39 Advancement of Colored People (NAACP) would be good as well. 40 Commissioner McKee said in these early planning stages, the Board must make sure to 41 involve leaders of color. He said he has not been impacted by issues of race and equity, and 42 does not pretend to know how the conversation should go. He said people of color must be 43 involved at every stage, and the community should be the driver. 44 Commissioner Marcoplos said these are straightforward ideas. He said the idea of a 45 facilitator will be helpful. He asked if this can be done quickly, and he would like to aim for 3 46 weeks. 47 Commissioner Dorosin said the Board/panel should not presume it will have answers, 48 and this is a time to be open to hearing all of the ideas. 49 Chair Rich said the Board does not need to hear from a panel, but to hear from the 50 public voicing concerns, ideas for change, etc. 29 1 Commissioner Bedford said some information that is in the public is grossly inaccurate, 2 and the Board should be able to address such mistakes. She said Commissioners Dorosin and 3 Marcoplos should take this on as the resolution was their idea. 4 Commissioner Greene agreed with the community having a forum to talk, and said the 5 panel should not be considered to have all the answers, but should be able to correct 6 inaccurate factual information. 7 Commissioner McKee concurred with Chair Rich's suggestion about a listening session, 8 and Commissioner Bedford's comment to correct any blatant misinformation. He said the 9 Board's primary goals in past community forums have been to listen. 10 Commissioner Price called her previous listening sessions "Village Circle", and there 11 was not a time limit on the speakers. She said some problems were solved at these sessions, 12 and everyone sat at the same level, on equal ground. 13 Commissioner Price said she has heard this referred to as a forum, a public hearing, an 14 information session. She said she has heard most of the community talking about what will be 15 done moving forward, as opposed to what is being done currently. She asked if the main goal 16 of the forum could be identified. 17 Commissioner Marcoplos said he sees the opportunity as a way to provide clear 18 information, for people to express their perspective, and ask questions. He said he thinks some 19 brief presentations in the beginning would be helpful so that the conversation can start from a 20 more informed perspective. 21 Commissioner Price said those who are affected by racism and inequity want to hear 22 what is going to be done about it, not to have accurate information about what is being done 23 currently. 24 Chair Rich asked if the Board could move towards next steps. 25 Commissioner Dorosin said he wants to hear what residents want the Board to do. 26 Chair Rich said 30 days is way too long to wait. 27 Bonnie Hammersley said the forum could be held after July 4t", and she can look for a 28 facilitator. She said staff is happy to help in any way, and can set up the zoom component. 29 Commissioner Marcoplos suggested coming up with a draft list of people who will be on 30 the panel, and he and Commissioner Dorosin can poll the BOCC as to who needs to be 31 involved. 32 Commissioner Dorosin said he is reluctant to take any leadership on this. He said the 33 Orange County Board of Commissioners is listening, and it is the public's opportunity to speak 34 to the Board's listening ear. 35 Commissioner Marcoplos said the public needs to speak to someone, and asked if it 36 should just be the BOCC, or should others be included. 37 Commissioner Greene asked if this forum has a name. She asked if Town Hall would 38 be appropriate. She said she does not want to call it a public hearing. 39 Chair Rich said she recently participated in a Town Hall, and she is not sure that is the 40 right name. She said people have a lot of feelings and thoughts right now, and want to be 41 heard. 42 Commissioner Greene suggested calling it a listening session. 43 Donna Baker asked if people will have to sign up in order to participate. 44 Chair Rich said in her recent experience there were two rooms on zoom, with the 45 speakers in one room and the listeners in the other. She said a facilitator served as a go 46 between. She said people need to be allowed to speak, and there should be some time limit on 47 the speakers. 48 Commissioner McKee said community forum indicates that the community is the driver, 49 and there should be no time limit on the speakers. He said if people have something to say, 30 1 they should be able to do so completely and freely. He said there should be someone 2 controlling when people speak, or else the meeting could go sideways. 3 Chair Rich said that is important, or else everyone talks on top of each other. 4 Commissioner Marcoplos said a facilitator will stop the conversation going sideways. 5 Commissioner Dorosin said he does not want a facilitator, as it is an artificial 6 intermediary and seems unnecessary. He said the time limit question is trickier. 7 Donna Baker said current zoom meetings have everyone sign up in advance, and grant 8 people access. 9 Commissioner Dorosin said that seems fair and appropriate 10 Chair Rich said she will talk to everyone to start getting an idea of where everyone is. 11 Commissioner Greene said she is a convert to facilitators. 12 Commissioner Bedford said Chair Rich and Sheriff Blackwood, and any others that want 13 to, can be a part of a sub-committee. She said she will show up for the forum, and the Board 14 should just move on. 15 Commissioner Marcoplos said it is important to have clarity on who is hosting or 16 listening. He said he would steer away from having 35 hosts, and put energy into making sure 17 the event is well publicized to those communities from whom the Board most wants to hear; 18 those who are most affected by these issues. 19 Chair Rich said she will reach out to everyone. 20 21 8. Consent Agenda 22 23 • Removal of Any Items from Consent Agenda 24 No items removed. 25 26 • Approval of Remaining Consent Agenda 27 28 A motion was made by Commissioner McKee, seconded by Commissioner Price to 29 approve the remaining items on the Consent Agenda. 30 31 VOTE: UNANIMOUS 32 33 34 a. Minutes 35 The Board approved the draft minutes from May 19 and 21, 2020 as submitted by the Clerk to 36 the Board. 37 b. Motor Vehicle Property Tax Releases/Refunds 38 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle 39 property tax values for three taxpayers with a total of four bills that will result in a reduction of 40 revenue, in accordance with NCGS. 41 c. Property Tax Releases/Refunds 42 The Board adopted a resolution, which is incorporated by reference, to release property tax 43 values for five taxpayers with a total of seven bills that will result in a reduction of revenue, in 44 accordance with North Carolina General Statute 105-381. 45 d. Voluntary Agricultural District Designation — Multiple Farms 46 The Board voted to certify two (2) farm properties totaling 96.9 acres; designate them as 47 Voluntary Agricultural District farms within the White Cross Voluntary Agricultural District; and 48 enroll the lands in the Orange County Farmland Preservation Program's Voluntary Agricultural 49 District (VAD) program. 31 1 e. Approval of Two Contracts Associated with the State of North Carolina's "Building 2 Reuse Grant" Incentive to ABB, Inc. 3 The Board approved and authorized the Chair to sign two contracts, on behalf of Orange 4 County, related to the State of North Carolina's "Building Reuse Grant" incentive awarded on 5 July 10, 2019 to ABB, Inc., a local manufacturing industry. This State incentive requires Orange 6 County's participation as part of the "pass through" process for $500,000 in North Carolina 7 Department of Commerce funds to transfer from the State to the County, and then to ABB, Inc. 8 f. Request for Road Additions to the State Maintained Secondary Road System for 9 Peninsula Lane and Grassland Court in The Bluffs at Moorefields Subdivision 10 The Board voted to make a recommendation to the North Carolina Department of 11 Transportation (NCDOT), and the North Carolina Board of Transportation (NC BOT), 12 concerning a petition to add Peninsula Lane and Grassland Court in The Bluffs at Moorefields 13 Subdivision to the State Maintained Secondary Road System. 14 g. JCPC Certification for FY 2020-2021 15 The Board approved the Orange County Juvenile Crime Prevention Council (JCPC) 16 Certification and County Plan for FY 2020-2021 and authorize the Chair to sign. 17 h. Resolution of Approval — Conservation Easement on Triangle Land Conservancy's 18 Patterson-Thornton Property 19 The Board voted on a resolution, which is incorporated by reference, to approve the acceptance 20 by Orange County of a conservation easement donation for Triangle Land Conservancy's 21 Patterson-Thornton Property and authorize the Chair and the Clerk to sign the conservation 22 easement agreement, subject to final review by staff and County Attorney, with a closing and 23 recordation of the document expected to occur on or about June 30, 2020. 24 i. Update to Orange County Limited English Proficiency Policy ("Orange County 25 "Language Access Plan") 26 The Board approved an update to Orange County's Limited English Proficiency Policy 27 ("Language Access Policy"). 28 j. Approval of Contract with Ceres Environmental Services, Inc. as a Secondary 29 Provider for Disaster Debris Removal and Clearance Service 30 The Board authorized the Manager to sign an Agreement with Ceres Environmental Services, 31 Inc. as a secondary provider for Disaster Debris Removal and Clearance Services for the 32 County. 33 k. Fiscal Year 2019-20 Budget Amendment#11 34 The Board approved budget, grant, and capital project ordinance amendments for fiscal year 35 2019-20 for Housing and Community Development; Emergency Services; Miscellaneous; Non- 36 Departmental Corona Virus Relief Fund; Article 46 Sales Tax Fund; Sheriff's Office; Health and 37 Dental Insurance Fund; County Capital Projects; Deferred Maintenance — Schools; Criminal 38 Justice Resource Department; and Arts Commission. 39 I. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro 40 City Schools (CHCCS) and Contingent Approval of Budget Amendment #11-A Related 41 to CHCCS Capital Project Ordinances 42 The Board approved an application to the North Carolina Department of Public Instruction 43 (NCDPI) to release proceeds from the NC Education Lottery account related to FY 2019-20 44 debt service payments for Chapel Hill — Carrboro City Schools (CHCCS), authorize the Chair to 45 sign and to approve Budget Amendment#11-A, contingent on the NCDPI's approval of the 46 application. 47 m. Application for North Carolina Education Lottery Proceeds for Orange County 48 Schools (OCS) and Contingent Approval of Budget Amendment #11-113 Related to OCS 49 Capital Project Ordinances 32 1 The Board approved an application to the North Carolina Department of Public Instruction 2 (NCDPI) to release proceeds from the NC Education Lottery account related to FY 2019-20 3 debt service payments for Orange County Schools (OCS), authorize the Chair to sign and to 4 approve Budget Amendment#11-B, contingent on the NCDPI's approval of the application. 5 n. Endorsement of Letter to Governor Roy Cooper from Orange County Climate Council 6 The Board authorized the Chair to sign the letter from the Orange County Climate Council as 7 an additional endorsement and send the letter to Governor Roy Cooper. 8 ADDITION: 9 o. North Carolina Housing Finance Agency (NCHFA) —2020 Essential Single-Family 10 Rehabilitation Loan Pool (ESFRLP20) Award 11 The Board approved the 2020 Essential Single-Family Rehabilitation Loan Pool (ESFRLP20) 12 Assistance Policy and ESFRLP20 Procurement and Disbursement Policy and authorize the 13 County Manager to sign the Funding and Written Agreement for the ESFRLP20 award from the 14 North Carolina Housing Finance Agency (NCHFA). 15 16 9. County Manager's Report 17 Bonnie Hammersley thanked the Board for its support through the budget process. 18 Bonnie Hammersley said staff is working with the Orange County Schools (OCS) on its 19 lease for IT equipment, and the Board of Education (BOE) is working on this next week. She 20 said it does require the Board's approval. She said staff will monitor this closely, and if a brief 21 zoom meeting is needed on this issue, she will let the Board know. 22 23 10. County Attorney's Report 24 John Roberts said last week he gave the Board a report on the General Assembly bills, 25 and one issue involves agri-tourism. He said the County cannot regulate those from a land use 26 position. He said the Governor just signed a bill expanding these uses, and those who have 27 concerns should contact the legislature, as there is little the BOCC can do. 28 29 11. *Appointments 30 31 a. Durham Technical Community College Board of Trustees —Appointment 32 Discussion 33 The Board considered making a reappointment to the Durham Technical Community 34 College Board of Trustees. 35 36 A motion was made by Commissioner Price, seconded by Commissioner Bedford to 37 appoint the following to the Durham Tech Community College Board of Trustees: 38 39 Position 2 Lee Storrow BOCC Appointee to a Second Full Term expiring 06/30/2024 40 41 Commissioner Marcoplos nominated Katie Loovis. 42 No Second. 43 44 VOTE: UNANIMOUS 45 46 12. Information Items 47 48 • June 2, 2020 BOCC Meeting Follow-up Actions List 49 • Memorandum Regarding Expansion of Hillsborough Area Economic Development 50 District (EDD) 33 1 Memorandum from Sheriff Blackwood Regarding Purchase of Mobile Command Center 2 3 13. Closed Session 4 NONE 5 6 14. Adjournment 7 8 Commissioner Price referred to her earlier comments about proposed thank you letters 9 going to David Price and the Governor. She asked if the Board agrees. 10 Chair Rich said yes, and asked Commissioner Price to craft these letters and she would 11 sign. 12 The Board agreed by consensus. 13 14 A motion was made by Commissioner Price, seconded by Commissioner McKee to 15 adjourn the meeting at 10:11 p.m. 16 17 VOTE: UNANIMOUS 18 19 20 Penny Rich, Chair 21 22 23 Donna S. Baker 24 Clerk to the Board 25 26 Submitted for approval by David Hunt, Deputy Clerk to the Board. 27 1 1 2 3 Attachment 6 4 5 DRAFT MINUTES 6 BOARD OF COMMISSIONERS 7 VIRTUAL LISTENING SESSION ON POLICING AND 8 RACIAL JUSTICE IN ORANGE COUNTY 9 July 7, 2020 10 7:00 p.m. 11 12 The Orange County Board of Commissioners met for a Virtual Listening Session on Policing 13 and Racial Justice on Tuesday, July 7, 2020 at 7:00 p.m. 14 15 COUNTY COMMISSIONERS PRESENT: Chair Rich, and Commissioner Bedford, 16 Commissioner Dorosin, Commissioner Greene, Commissioner McKee, and Commissioner 17 Marcoplos 18 COUNTY COMMISSIONERS ABSENT: Commissioner Price 19 COUNTY ATTORNEYS PRESENT: John Roberts 20 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 21 Travis Myren, Sheriff Charles Blackwood, Criminal Justice Resources Director Caitlin 22 Fenhagen, Deputy Clerk to the Board David Hunt and Assistant Deputy Clerk II Allen 23 Coleman (All other staff members will be identified appropriately below.) 24 25 Chair Rich called the meeting to order at 7:00 p.m. 26 27 Due to current public health concerns, the Board of Commissioners conducted a Virtual 28 Listening Session on Tuesday, July 7, 2020. Members of the Board of Commissioners 29 participated in the meeting remotely. Members of the public were able to view and listen to the 30 meeting via live streaming video at http://www.orangecountVnc.gov/967/Meeting-Videos and on 31 Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). 32 33 34 1. Welcome — Chair Penny Rich 35 Chair Rich said tonight's session is not an open dialogue, but the listening session is 36 being recorded to help the County Commissioners, Sheriff's Office, Human Rights and 37 Relations Commission synthesize the information and plan for future actions. 38 Chair Rich introduced the Commissioners, noting that Commissioner Price is absent due 39 to a death in the family. She introduced Sheriff Blackwood; Caitlin Fenhagen, Criminal Justice 40 Resources Department (CJRD) Director; and Frances Castillo, Human Rights and Relations 41 Commission Chair. 42 43 2. Presentation by Human Relations Commission (HRC) Chair, Frances Castillo 44 Frances Castillo provided an overview of the Commission's mission. 45 46 47 3. Listening Session — Public Comment 48 49 PUBLIC COMMENT: 50 Deborah Stroman said the community is too comfortable, and seeks "normalcy". She 51 read an expert from Dr. Martin Luther King, Jr.'s Letter from a Birmingham Jail. She said 2 1 normalcy does not lead to change, and allows for inequities and racism to continue. She said 2 the only normal that is acceptable, is one where all are equal and brotherhood, peace and 3 justice exist. She said she looks forward to further discussions and actions for change. 4 Tomeka Ward—Satterfield said she appreciates this listening session, but says it feels 5 like an empty gesture by the elected officials. She said she would prefer a study of systemic 6 racism be conducted within the County, and the elected officials tell the community on how they 7 plan to address the problems. 8 Heather Redding thanked the BOCC for the opportunity to speak. She said issues of 9 racism and white supremacy are baked into American culture, and she is greatly concerned. 10 She said children must be safe in school, but she questions the validity of School Resource 11 Officers (SROs). She asked if the BOCC would examine data regarding the success, or lack 12 thereof, of SROs, and to work with the school boards to make necessary changes. She said the 13 police cannot handle all issues, and funds should be better distributed. She asked the Sheriff's 14 department to give $25,000 of its drug forfeiture funds to a local non-profit, as permitted by law. 15 Jame Paulen thanked the Board for holding this session. She said she is concerned 16 about police presence in schools, and asked if SROs are a good use of funds. She said funds 17 could be better used in this time of Covid. She echoed the former speaker's comments about 18 the Sheriff's forfeiture funds, and specifically suggested "Fathers on the Move" to receive these 19 funds. 20 Amelia Covington said police in schools sets a standard for the school to prison pipeline. 21 She said CHCCS is not free from issues of racism, and has the second largest achievement 22 gap in the country. She asked the BOCC to work with the school boards on alternative models 23 of school safety, and echoed the request for the reallocation of Drug Forfeiture funds of 24 $25,000. 25 Kimberly Brewer said she is the Chair of Orange County Bail Bond Justice, a partnership 26 of 12 local churches seeking to end unjust bail practices in the community. She said the 27 partnership observes court practices, and has found the poor most adversely affected. She 28 highlighted racial inequities within the bail hearing system as well. She said Orange County has 29 made many reforms, but there is room for more. 30 Anna Richards called to attention the article from the Northern Orange and Chapel Hill 31 National Association for the Advancement of Colored People (NAACP) of a 6-point agenda for 32 transformation in the community. She said this plan looks at many issues including hiring and 33 retention of officers, expectations from Police, etc. She said these groups also support 34 removing police from schools. She said upcoming conversations include the issue of 35 "Counselors, Not Cops in Schools," and will include panelist from around the country. She said 36 a 19-year-old woman was physically assaulted last week at a peaceful protest in Chapel Hill, 37 and this is a sign that this community is also deeply affected by issues of racism. She said she 38 hopes the BOCC will work toward change. 39 Joseph Verykoukis said he is grateful for leaders such as Sheriff Blackwood and Cait 40 Fenhagen, who are working towards equity. He said he finds a lot of the dialogue around police 41 to be quite detrimental. He said calls to remove SROs from Schools does not sit well with him, 42 as SROs serve students in a support role and keep students safe. He said it would be a 43 mistake to remove them from the schools. He said there are many larger underlying issues that 44 contribute to racism, and societal breakdowns. He said many concerns begin in childhood, and 45 blaming police for all these issues is shortsighted. 46 Horace Johnson said he is from Orange County, and was part of school integration in 47 the 1960s. He said teachers were not trained or equipped to deal with individuals of color. He 48 said the Sheriff is a smart man, but he wonders how law enforcement is being trained to work 49 with people of color. He said he does not want to defund the police, but he would support 50 reallocating some funds to those who are trained appropriately. He said his father was the 51 mayor of Hillsborough for 12 years, and it is important to reach across the aisle to work 3 1 together. He said he would like to see more outreach from the Sheriff's Office, and hopes the 2 BOCC can offer more racial diversity in its own members. 3 Soteria Shepperson said she is an organizer, business owner, and citizen in Orange 4 County, and is concerned about policing in the schools. She said she has dear white friends, 5 and wonders if they are speaking to their sons, as she has to speak to young black boys in her 6 life. She said White People are also suffering as a result of racism in America. She said she 7 wants to know where white boys are getting guns. She said it takes more time in North Carolina 8 to be a Barber than is does to be a Police Officer. She said she has been a substitute teacher 9 in CHCCS, and on March 11 of this year, she and several students were thrown out of the 10 library by the Chapel Hill Carrboro City Schools PTA president, who stated the PTA meeting 11 was more important than theirs. She said she spoke to the library president, and she wants 12 transformation. 13 Rachel Thomas—Levy said she lives in Orange County and teaches in a School that is 14 technically in Orange County. She said supports Anna Richards's comments about the 15 NAACP's plan for change. She said she also wants to promote Maria Parker, based out of 16 Athens, who supports defunding police by 50% over 10 years. She said she does not see the 17 need for SROs. She said counselors and social workers are a much better use of funds. She 18 said she lived in Asheville for years, and a black man was killed, much to the surprise of white 19 Asheville. She said she does not want this community to sit by, and be surprised if something 20 happens, and would rather see study and action take place. 21 Lucy Lewis said she is a Chapel Hill native, and was the first director of the Orange 22 County Human Rights and Relations Department. She echoed support for several previous 23 comments, including realignment of funds; NAACP recommendations; removal of SROs, etc. 24 She said there have been many issues around racism locally and nationally, and she hopes the 25 BOCC will be proactive for change in this community. 26 Allison Mahaley thanked the BOCC for holding the listening session, and said she is 27 surprised by the lack of diversity in this County. She said the Black Community has been 28 pushed out, and the Court House currently sits in a formerly African American neighborhood. 29 She said the Fairview neighborhood sits on top of a former landfill, and there are deep issues 30 that point to systemic racism here in Orange County. She said she feels a lot of hope that the 31 country is in the middle of a national transformation during this pandemic. She said she realizes 32 the budget has already been set, but hopes to see a long term plan of shifting resources away 33 from law enforcement, and towards agencies that support black and brown communities. She 34 said she is especially concerned about housing, and affordable housing. 35 Blake Tedder said he just returned from the coast, and was shocked by the Trump and 36 confederate flags that he saw. He said it is a different world than what he sees in Orange 37 County. He said overt racism is definitely here in Orange County, but it looks different than the 38 eastern coast. He said the BOCC has to step up its game regarding systemic racism, and overt 39 racism is on the rise and is beyond concerning. He said local leaders must be a shining light. 40 He agreed with listening to the words of the NAACP, and other speakers here tonight. He said 41 he is extremely worried that racism will continue to get a foothold, and Orange County will be 42 taken down. 43 Elvira Mebane said she was not going to speak, as she was attending a virtual meeting 44 with the Board of Elections. She said she is concerned about SROs, and many kids do not see 45 them as armed police person. She said the SROs present a positive role to the students. She 46 said her own child is ready to attend to high school, and his experience with SROs was 47 incredibly positive. She said she would like to find a way to keep the SROs presence in the 48 schools, and suggested they may not need to have guns. She said the SRO programs have 49 helped her child. She challenged the BOCC to find a way to allow students to continue to have 50 positive relationships with law enforcement. 4 1 Gayane Chambless said Elvira Mebane's comments hit home. She said there are so 2 many issues in play, and her focus is on relationship building as a means for change. She said 3 law enforcement can interact positively with students, and have safe relationships that allow 4 interactions to be more productive. She said the community cannot be so divisive. She said a 5 safety presence is necessary, should an emergency occur, and teachers should not have to be 6 armed. She said she would be open to the reallocation of funds from the police to mental 7 health, etc. She said she would like to provide more training to law enforcement in such areas. 8 She applauded Sheriff Blackwood's vision and efforts thus far. 9 Joseph Verykoukis said Elvira Mebane articulated the importance of SROs being on site 10 at schools. He said Orange County is growing, and defunding law enforcement is a bad idea. 11 He said police keep people safe. 12 Jame Paulen said the idea of reallocating funds for police officers in schools is to put 13 those funds towards school counselors, trained professionals, etc. that help with investing in 14 students mental health, food, etc. She said law enforcement does not always make people feel 15 safe. She said greater resources for mental health needs and relationship building would create 16 a stronger community. She said she is glad the BOCC chose to listen prior to making a plan. 17 Amelia Covington reiterated that defunding the police is asking society to reimagine of 18 what safety could look like. 19 Heather Redding said the criminal justice system is broken, and current practices are not 20 working. She said it is too late for reform, but rather a total change and transformation is 21 needed. She said more prisons and jails are not needed. She said there are communities 22 already doing the work, and the wheel does not need to be reinvented. She said leaders need 23 to listen to the most vulnerable, and those who are most affected by systemic racism. 24 Horace Johnson said if two snakes mate, you will get a snake. He said he has the 25 utmost confidence in Sheriff Blackwood, and his deputies. He said Police officers are 26 protectors, but there are a few that spark some concern for him. He said he would really like to 27 see a thorough screening process involved in hiring police officers. 28 Soteria Shepperson said the reopen NC movement is nonsense, and she was surprised 29 that a cohort of white citizens could walk around with guns and the state gets reopened. She 30 asked what it must feels like to wake up White. She said she has imagined what is must be like 31 to walk without someone following her, or being able to take a run without fear of being shot. 32 She said leaders must be proactive and not reactive, and an area of great concern is guns. 33 Tracy Bell said there must be a bridge built between law enforcement and the 34 community. She said law enforcement needs to be focused on helping people in the 35 community. She said she is a media specialist in Chapel Hill Carrboro City Schools, and she 36 would love to see the schools work with law enforcement to partner on positive relationships. 37 Verla Insko said she did not plan to speak, and she has enjoyed listening to the 38 conversation. She said the BOCC is collecting information about the current situation, but these 39 conversations are a starting point for long-term change for the next generation and how they 40 grow up. She looks forward to more social integration. 41 Souna, (she) Culturally Specific Trainer, said Dr. Joy Degruy talks about how past 42 trauma affects a person currently. She said there have been hundreds of years of trauma 43 without mental health care. She said this trauma has never been recognized or healed. She 44 echoed support for reallocation of drug forfeiture funds to Fathers on the Move, as well as the 45 plan outlined by the NAACP. 46 Elizabeth Evans said she had not intended to speak, but has been touched by the 47 positive experiences between SROs and students. She said the core issue is relationship 48 building, which seems to be fostered by the field of mental health and guidance. She agreed 49 with the reallocation of funds for these types of uses. 50 Sophie Suberman said she is glad the BOCC is having this session, and zoom is a hard 51 format to have such a listening session. She said relationship building is important, not only 5 1 between people, but between systems as well. She said Covid is going to bring so many 2 changes, many of which will more adversely affect brown and black people. She said taking 3 advantage of poor people, discrimination, etc. is built into the foundation of this country, and 4 must be addressed if real change is to be achieved. She said having conversations like this — 5 showing up and asking — is being a part of the change. 6 Elizabeth Evans stressed the importance of having bilingual people involved with 7 building relationships: Spanish, Burmese, and Karen, 8 Souna, (she) Culturally Specific Trainer, suggested using repurposed funds to extend 9 the Orange County Health Department hours to include weekends and some sort of emergency 10 services through the health department. She asked the BOCC to seek consideration to help 11 with the eviction crisis and housing crisis, e.g. extend payment deadlines. She suggested 12 making police hiring procedures public, along with any officers who have received complaints or 13 concerns. She said the public could be part of the hiring and investigative process. 14 Mark Xavier said he would like to speak about the Education in Orange County, and the 15 numbers over the years are alarming for African American kids. He asked if the BOCC can help 16 to stop these trends. He said if a problem is solvable, but continues for several years, the Board 17 should address the issue and try to help. He said the BOCC is not the school board, but it can 18 still be helpful in educational issues. He said he would also like the Board to help make the 19 police system better in Orange County. He said no one is benefitting from the County until 20 everyone is benefitting. 21 Jean Bolduc applauded the Board for its efforts with this session. She said it has been 22 her experience that when elected officials get together and want to be quite, it can be very 23 challenging. She said her son was in middle school in the early 90s, and was headed for 24 Orange High School, which was full of troubles. She said there was a lot of violence, which 25 would have resulted in arrests, had the actions occurred elsewhere. She said the Governors 26 Crime Commission put out $1 million to fund SROs to help get a handle on these situations. 27 She joined the task force to help create a safe schools program, and wrote the grant that funded 28 the original SRO program. She said the intention at that time was for the SROs to be focused 29 on relationship building and preventative strategies to keep schools safe. She said this program 30 has been well run by the Sheriff's department, and has been racially balanced in its officers, and 31 she is confident that it can continue to be a leading program in the state. She urged the BOCC 32 to have the community review the program, and establish any improvements that may be 33 needed. She said not to throw the baby out with the bath water. 34 Sophie Suberman referred to previous comments about restorative practice and trauma, 35 and said all have experience with trauma in one way or another. She said we do not have good 36 systems to process feelings, and there are people from within the system who were not able to 37 speak tonight for fear of retaliation for their comments. She asked if there are ways to support 38 governmental systems that allow those from within to voice their feelings, without fear of 39 retaliation. She said this is especially important in cross-cultural communication. 40 Horace Johnson said he worked as the Director of City Wide Programs for the New York 41 City Housing Authority for 20 years, with children and after school programming. He said the 42 system in Orange County is woefully inadequate in dealing with children after school. He said if 43 students are not athletes, they have nothing to do. He said a transportation system is needed to 44 take children to after school programing, and community centers to house them. He 45 encouraged the Board to get out into the community, and learn more about the children and 46 their needs. 47 Charlene Campbell echoed Horace Johnson's comments, and said there is a desperate 48 need for after schools activities for Middle and High School students. She said if one is not in 49 band or sports, there is really nothing for one to do at school. 50 Souna, (she) Culturally Specific Trainer, said after school programming is important, and 51 it is also important to as why are parents having to work so long in order to live here. She said 6 1 the cost of living affects how much time people can spend with families and neighbors, and puts 2 additional stress on families. 3 4 4. Commissioner Remarks 5 6 Mark Marcoplos said this was a really good forum, and he hopes conversations will 7 continue. He said there are so many more people who can contribute to this, and the Board will 8 do its best work through collaboration, and it may not always be comfortable. He said this is 9 time to get stuff done. He said in chaos there is opportunity. 10 Mark Dorosin thanked all of this evening's participants, and said this is the beginning of 11 the beginning. He said further comments can be emailed or called in to the Board. He said the 12 County website contains links to the Resolution designating Racism as a public health issue in 13 Orange County, Governor Coopers Executive Order, police data, etc. He said the Board did 14 not hold a forum just to have a forum. He said the Board will process this evening's comments 15 and determine what falls under the purview of the Board, the Sheriff, the HRC, etc. He said 16 there will be continued transparency. 17 Sally Greene thanked all the residents who came out and spoke, and the comments 18 have been very enlightening and helpful. 19 20 5. Closing Remarks —Annette Moore, Human Rights and Relations Director 21 Annette Moore read Commissioners Price's prepared remarks: 22 23 First, I personally want to express my appreciation to those of you who have the willingness to 24 stand up for civil rights, the courage to show up for justice, the moral conviction to speak up for 25 human dignity, and the audacity to rise up and say, Black Lives Matter. 26 27 As we proceed to break the chains of structural racism, we need to do some truth-telling. We 28 must understand that the strength and wealth of America was built on stolen land by stolen 29 people. The land on which we now sit was stolen from the Indigenous People of the so-called 30 New World. The people who labored, with no just compensation, were stolen from their 31 homelands in Africa. 32 33 So, the process to dehumanize people of color began centuries ago, and this dehumanization is 34 embedded deep in the American psyche. Meanwhile, the struggle and the demand for human 35 dignity also began centuries ago and has perpetuated unto today. 36 37 With the recent witnessing of violence and murder of Black men, women and children, we are 38 seeing a resurgence in protests and outcries for reforms—for reforms in law enforcement, in the 39 judicial system, in our schools and in other sectors of our society. Once again, as in generations 40 past, Americans are endeavoring to right the wrongs of history. Indeed, we have made 41 progress, and indeed, we still have a long way to go. 42 43 If we are to disrupt racism, if we are to change hearts and minds, and if we are to envision 44 freedom, dignity and justice for everyone, we must join together in solidarity and do the work. 45 The challenge is to recognize and respect the value of the lives of Black, Indigenous and People 46 of Color in our local and global communities. I believe we can do this. 47 48 On behalf of the Board of County Commissioners, thank you to the people of Orange County 49 who have voiced their concerns and opinions in this listening session, thank you for 50 participating, and know that we will take action based on your input. 51 7 1 2 Renee A. Price, Commissioner/Vice-Chair 3 4 5 Chair Rich reminded the public that the listening session is being recorded, in order to 6 synthesize information, and work on possible changes in policy and practices. 7 8 Adjournment 9 10 The listening session adjourned at 9:06 p.m. 11 12 VOTE: UNANIMOUS 13 14 15 Penny Rich, Chair 16 17 18 David Hunt 19 Deputy Clerk to the Board 1 1 2 3 Attachment 7 4 5 DRAFT MINUTES 6 ORANGE COUNTY 7 BOARD OF COMMISSIONERS 8 VIRTUAL SPECIAL MEETING 9 JULY 14, 2020 10 7:00 p.m. 11 12 The Orange County Board of Commissioners met for a Virtual Special Meeting on Tuesday, 13 July 14, 2020 at 7:00 p.m. 14 15 COUNTY COMMISSIONERS PRESENT: Chair Rich and Commissioners Jamezetta Bedford, 16 Mark Dorosin, Sally Greene, Mark Marcoplos, and Renee Price 17 COUNTY COMMISSIONERS ABSENT: Commissioner Earl McKee 18 COUNTY ATTORNEYS PRESENT: John Roberts 19 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 20 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified 21 appropriately below) 22 23 Chair Rich called the meeting to order at 7:00 p.m. 24 25 Due to current public health concerns, the Board of Commissioners conducted a Virtual Special 26 Meeting on July 14, 2020. Members of the Board of Commissioners participated in the meeting 27 remotely. As in prior meetings, members of the public were able to view and listen to the 28 meeting via live streaming video at orangecountync.gov/967/Meeting-Videos and on Orange 29 County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). 30 31 32 1. Call to Order 33 34 2. Announcements, Petitions and Comments by Board Members 35 Commissioner Bedford said she was accepted to take the Global Climate Reality 36 Training, and is looking forward to it. 37 Commissioner Greene said she had no comments. 38 Commissioner Marcoplos said he is concerned about UNC opening up and he is 39 wondering what the Board's role is in this, how to stay on top of UNC's plans, and how the 40 Board can affect these plans through its role in the County. 41 Commissioner Price petitioned that Orange County declare June 19t" as an official 42 holiday, and said she sent a draft of a proposed resolution that she will address at the 43 September 1st meeting. 44 Commissioner Dorosin said he thought last week's public forum went well. He said he 45 has heard a lot of good feedback from the community, and he looks forward to the follow up on 46 what the Board heard. He said he was sorry that Commissioner Price could not attend, but the 47 comments she sent were powerful. He said he is glad the Human Relations Commission 48 (HRC) is engaged, and the Chapel Hill-Carrboro City Schools' Board of Education (CHCCS 49 BOE) will be discussing SROs at an upcoming meeting. 2 1 Chair Rich said she also thought the listening session went well. She said a comment 2 was made about the Health Department clinic hours, and she looked at the hours at both 3 clinics. She said there is room for improvement, and it may be possible to cut a few hours from 4 Sunday and add them to Saturday. She asked staff look at this, and bring information back to 5 the Board of County Commissioners (BOCC). 6 Chair Rich referred to UNC, and said the County has been working with UNC for about 7 three weeks. She said UNC is working hand in hand with the Health Department, and this 8 information is in the notes that she shares with the Orange County Board of Commissioners 9 each week. She said that Orange County has no jurisdiction over UNC. She said those 10 involved are all concerned about keeping Orange County residents safe. 11 Chair Rich said it is not clear how many students are coming back, but some students 12 are already coming back. She said everyone should be concerned about the students coming 13 back, and the plan is to keep the communications open between all entities. 14 Chair Rich referred to the Governor's press conference about the re-opening of grades 15 K-12, and said plan B will be followed. She said she is happy to speak with anyone who has 16 further questions, and there is so much that is still unknown. 17 Bonnie Hammersley added that she is included on weekly calls with the Provost, and 18 possible plans if they have to go to the off ramp (shut down). She said Provost Bolen has 19 offered to talk with the elected boards, and the avenue for bringing questions is to let her know, 20 and she will take the question to her meeting with the Towns and UNC. She said there is 21 uncertainty, and no one knows the impact of the students coming back. She said UNC is trying 22 to keep all informed. 23 Commissioner Price asked if there has there been any word from the Chambers of 24 Commerce regarding concerns about students coming back. 25 Chair Rich said the Chambers are looking forward to having more business back, and 26 they will welcome students back cautiously. 27 Commissioner Marcoplos asked if the University has a plan to ramp up testing and test 28 locations. He asked if there will be testing locations near transit. 29 Chair Rich said testing will be run through student health. She said she will forward any 30 information that she receives from UNC. 31 32 33 3. Resolution Regarding a Financing Agreement between Orange County Schools 34 and J.P. Morgan to Provide Computers for Students 35 36 The Board considered adopting a resolution approving a financing agreement between 37 Orange County Schools (OCS) and J.P. Morgan for the purchase of computers for students for 38 FY 2020-24 to replace outdated and out of warranty equipment using a sustainable and 39 predictable funding model. 40 Paul Laughton, Finance and Administrative Services, reviewed the item below and the 41 resolution: 42 43 BACKGROUND: 44 In 2012, OCS embarked on a 1:1 computer initiative, providing individually assigned laptops to 45 each student in grades 3-12. Teachers were also assigned laptops to complement the District's 46 instructional approach to include digital access. Teachers, administrators, instructional support 47 staff, and most central office employees use a Windows laptop or desktop. 48 49 In 2016, OCS refreshed its hardware used in the 1:1 program. Students from grades 3-12 were 50 assigned individual Chromebooks and each classroom in grades K-2 was provided a cart of 3 1 iPads. There were significant improvements provided by the 2016 refresh, including better 2 performance, better security and greater ease of device management. 3 4 The end of reasonable life for the devices purchased in 2016 has arrived. These devices have 5 served students and staff well, but increasing hardware failure rates, the concomitant expiration 6 of the warranty coverage and general expectations for device longevity have the District in need 7 of device replacement for students and staff. 8 9 With the unexpected coronavirus crisis and its significant impacts on instruction and operations, 10 the District is more reliant than ever on reliable and portable technology for students and staff. 11 Consequently, the need to ensure individually assigned technology is available to ALL students, 12 including K-2, is acute. Similarly, staff reliance on portable technology to ensure remote work is 13 efficient and effective has been increased significantly in this crisis. 14 15 Working closely with the District's legal counsel, the District's Information Technology staff 16 developed a Request for Proposals (RFP) to solicit bids in accordance with State and District 17 purchasing requirements. The RFP sought bids on 8,000 Chromebooks for students in grades 18 1-12, including loaner equipment and 1,000 Windows laptops for all staff assigned computers 19 to perform their work. Kindergartners will use repurposed iPads the District already has. The 20 RFP also required accidental damage coverage to ensure the equipment would be continuously 21 maintained for the next four years. 22 23 Three vendors responded to the RFP. The evaluation criteria listed in the RFP were used to 24 determine the best responsive bid. Based on the evaluation criteria, the District's Information 25 Technology staff recommended CDW-G as the vendor to receive the award. While the price 26 difference between the two lowest bidders is slight, the staff device being proposed by the 27 lowest bidder is nearly a half a pound heavier than the device proposed by CDW-G. In the 28 evaluation, teachers unanimously indicated that weight was a significant factor for them, 29 particularly if they were to use these devices in tablet mode while roaming the classroom. 30 During the Orange County Board of Education's June 22, 2020 Work Session, the Board 31 unanimously approved the selection of CDW-G as the vendor, as well as approving J.P. 32 Morgan as the financing institution for the purchase. 33 34 FINANCIAL IMPACT: The total purchase cost is $4,516,816.75. The district is utilizing currently 35 available funds of $1,516,816.75 from its Article 46 Sales Tax Technology project and School 36 Capital Technology project towards the purchase. This leaves a balance of $3,000,000, which 37 will be installment financed with J.P. Morgan over a four (4) year period, with annual installment 38 payments of$771,116.94 over the fiscal years of 2020-21 through 2023-24. 39 Article 46 Sales Tax proceeds would be used to cover the required annual installment payments 40 of$771,116.94, and are included in the Orange County Schools Technology Plan project within 41 the County's Capital Investment Plan. 42 43 RES #2020-042 44 RESOLUTION 45 46 ORANGE COUNTY BOARD OF COMMISSIONERS 47 ORANGE COUNTY, NORTH CAROLINA 48 49 WHEREAS, the Orange County Board of Education wishes to enter into a continuing 50 contract for financing with J.P. Morgan, LLC pursuant to N.C. Gen. Stat. § 115C-528 for the 4 1 purchase of certain computer hardware, software, and related equipment to be used for public 2 school purposes; and 3 4 WHEREAS, the contract will require the Board of Education to pay J.P. Morgan up to 5 $3,084,467.76 over the 2020-21, 2121-22, 2022-23, and 2023-24 fiscal years; and 6 7 WHEREAS, the Board of Education will pay J.P. Morgan in approximate installments of 8 $771,116.94 in the 2020-21 fiscal year, $771,116.94 in the 2021-22 fiscal year, $771,116.94 in 9 the 2022-23 fiscal year, and $771,116.94 in the 2023-24 fiscal year; and 10 11 WHEREAS, the contract may be a continuing contract for capital outlay subject to the 12 provisions of N.C. Gen. Stat. §§ 115C-441(c1) and 115C-528, including the approval of the 13 Orange County Board of Commissioners. 14 15 16 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Orange County Board of 17 Commissioners agrees to appropriate sufficient funds to the Orange County Board of Education 18 in ensuing fiscal years to meet the J.P. Morgan contract obligations so long as the amount the 19 Board of Education shall be obligated to pay under that contract shall be generally equal to the 20 amounts noted above. Said funds shall be a part of, and not in addition to, regular 21 appropriations made to the Board of Education. Said funds obligated by this contract for fiscal 22 years 2020-21, 2021-22, 2022-23, and 2023-24 shall be budgeted by the Board of Education 23 for this purpose, and the Orange County Board of Commissioners shall not be obligated to 24 increase its annual appropriation to the Orange County Board of Education by the amount due 25 under the contract. 26 27 Todd Jones, OCS Chief Technical Officer, introduced himself. 28 Commissioner Dorosin said he has a lot of concerns about student privacy; what type of 29 monitoring the schools do; the type of privacy waiver students are expected to sign; and any 30 disciplinary measures that can be taken based on off site usage. He said if staff cannot 31 respond tonight, he would like detailed answers to be sent afterwards. 32 Todd Jones said all of the data storage provided by OCS is cloud based, and there are 33 strict protections on access to that student data. He said this cloud provider is very familiar with 34 the K-12 space. 35 Todd Jones said the student's devices go through a filtering system to insure that 36 inappropriate content is not being accessed. He said the monitoring system is hosted by 37 MCMC, a state organization that provides computing service throughout the state for schools 38 and local government. He said the schools do not proactively comb the data, but rather look to 39 classroom teachers to monitor in the classroom, and teachers can request audits of the 40 websites being accessed by students. He said principals and the CTO also have the right to 41 review the data. He said student technology still authenticates through the districts filters, 42 regardless of the location of the device. 43 Commissioner Dorosin asked if there is a written policy that the district can share. 44 Todd Jones said OCS has policies for students and teachers usage of computers, and 45 he will share them with the Orange County Board of Commissioners. 46 47 A motion was made by Commissioner Bedford, seconded by Commissioner Price for the 48 Board to adopt the resolution approving the financing agreement and authorize the Chair to 49 sign the resolution regarding the agreement between Orange County Schools and J.P. Morgan 5 1 for the purchase of computers for students for FY 2020-24 to replace outdated and out of 2 warranty equipment using a sustainable and predictable funding model. 3 4 Commissioner Bedford expressed gratitude to both school boards for their service as 5 they develop plans for re-opening. She said the BOCC is here to support the schools, and she 6 is glad for the flexibility offered in the plans. 7 Commissioner Price asked if the cost of maintenance could be further explained. 8 Todd Jones said maintenance costs are included. He said the district has opted for 9 accidental damage coverage, given the rough and tumble world of K-12. He said this allowed 10 the district to forego additional charges, and leveled the playing field with fines etc. He said 11 this helped move the district forward in its equity goals. 12 13 VOTE: UNANIMOUS 14 15 4. Adjourn 16 17 A motion was made by Commissioner Bedford, seconded by Commissioner Price for the 18 Board to adjourn the meeting at 7:29 p.m. 19 20 VOTE: UNANIMOUS 21 22 23 Penny Rich, Chair 24 25 26 Donna S. Baker 27 Clerk to the Board 28 29 Submitted for approval by David Hunt, Deputy Clerk to the Board. 30