HomeMy WebLinkAboutAgenda - 11-05-20; 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 5, 2020
Action Agenda
Item No. 8-a
SUBJECT: Minutes
DEPARTMENT: Board of County Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes (Under Separate Cover) Greg Wilder, Interim Clerk to the Board,
919-245-2130
PURPOSE: To correct and/or approve the draft minutes as submitted by the Interim 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.
September 24, 2020 Virtual Joint Meeting with BOCC-Boards of Education
October 6, 2020 Virtual Business Meeting
October 8, 2020 Virtual Work Session
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 ATTACHMENT 1
2
3 DRAFT
4 MINUTES
5 ORANGE COUNTY BOARD OF COMMISSIONERS
6 CHAPEL HILL-CARRBORO CITY SCHOOLS BOARD OF EDUCATION
7 ORANGE COUNTY SCHOOLS BOARD OF EDUCATION
8 VIRTUAL MEETNG
9 SEPTEMBER 24, 2020
10 7:00 p.m.
11
12 BOCC / Board of Education Virtual Joint Meeting
13
14 The Orange County Board of Commissioners met for a virtual joint meeting with the Chapel Hill-
15 Carrboro City Schools Board of Education and Orange County Schools Board of Education on
16 Thursday, September 24, 2020 at 7:00 p.m.
17
18 Due to current public health concerns, the Board of Commissioners conducted a Virtual
19 Joint Meeting on September 24, 2020 utilizing Zoom. Members of the Board of
20 Commissioners and Boards of Education participated in the meeting remotely. As in
21 prior meetings, members of the public were able to view and listen to the meeting via live
22 streaming video at orangecountync.gov/967/Meeting-Videos and on Orange County
23 Gov-TV on channels 1301 or 97.6 (Spectrum Cable).
24
25 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich, Vice Chair Renee Price, and
26 Commissioners Jamezetta Bedford, Mark Dorosin, Sally Greene, Mark Marcoplos, Earl McKee
27 COUNTY COMMISSIONERS ABSENT: NONE
28 COUNTY ATTORNEYS PRESENT: NONE
29 CHAPEL HILL-CARRBORO BOARD OF EDUCATION PRESENT: Chair Mary Ann Wolf, Vice
30 Chair Amy Fowler, and Board of Education Members Joal Broun, Rani Dasi, Deon Temne,
31 Ashton Powell, Jillian LaSerna
32 CHAPEL HILL-CARRBORO BOARD OF EDUCATION ABSENT: NONE
33 ORANGE COUNTY BOARD OF EDUCATION PRESENT: Chair Hillary MacKenzie, Vice Chair
34 Brenda Stephens, and Board of Education Members Will Atherton, Carrie Doyle, Bonnie
35 Hauser, Jennifer More, Sarah Smylie
36 ORANGE COUNTY BOARD OF EDUCATION ABSENT: NONE
37 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley; Deputy County Manager
38 Travis Myren; Interim Clerk to the Board Greg Wilder; and Assistant Deputy Clerk II Allen
39 Coleman (All other staff members will be identified appropriately below)
40 CHAPEL HILL-CARRBORO SCHOOLS (CHCCS) STAFF PRESENT: Interim Superintendent
41 Dr. Jim Causby, Assistant Superintendent Support Services Patrick Abele; Jessica O' Donovan,
42 Assistant Superintendent Instructional Services Division; Charlos Spanks, Senior Executive
43 Director, Student Services; Erica Newkirk, Senior Executive Director, Human Resources;
44 Jonathan Scott, Interim Chief Financial Officer; Lee Williams, Executive Director, Equity and
45 Inclusion; Jeff Nash, Public Information Officer; Misti Williams, Senior Executive Director for
46 Leadership and Strategy
47 ORANGE COUNTY SCHOOLS (OCS) STAFF PRESENT: Superintendent Dr. Monique Felder;
48 Deputy Superintendent Dr. Kathleen Dawson; Melany Stowe; Public Information and
49 Community Engagement Officer; Sharita Cobb, Director of Student Services; Dr. Dannie
2
1 Williams, Chief Operations Officer; Dr. Dena Keeling, Chief Equity Officer; Sara Pitts, Director of
2 Environmental Health and Safety; and Rhonda Rath, CFO.
3
4 Chair Rich called the meeting to order at 7:01 p.m., and asked for a Roll Call.
5
6 Welcome and Opening Remarks
7 Chair Rich thanked the schools and staff for offering a sound basic education to students
8 in Orange County. She said decisions made today will affect tomorrow, and there is no way to
9 please everyone. She said the New York Times said 12 million children in America are without
10 technology services to continue educational opportunities. She said broadband has been an
11 issue on which the County has been working for several years, and is an example of top down
12 policy that is not effective. She said the County will aid Orange County Schools (OCS) in
13 purchasing 1000 additional hotspots.
14 Chair Rich said both districts have created learning centers for students who do not have
15 technology services or family at home to help in the learning process.
16 Mary Ann Wolfe expressed appreciation for the opportunity to collaborate. She said
17 Schools are the hub of the community, which has never been more clear than in this time. She
18 said equity has never been more important, and it goes beyond the issue of broadband. She
19 said wonderful work has been done through the Food for Students program, for food insecurity,
20 as well as supporting students academically, socially and emotionally. She said she is an
21 eternal optimist, and believes this pandemic will end. She said once it does there will be new
22 challenges.
23 Mary Ann Wolfe expressed gratitude for the life of Euzelle Smith, former educator and
24 namesake of Smith Middle School, who passed away recently. She said she was great
25 reminder of this community's values.
26
27 Jennifer Moore and Commissioner Marcoplos joined the meeting at 7:13 p.m.
28
29 Hillary MacKenzie thanked the Board of County Commissioners (BOCC) for the
30 opportunity to meet collaboratively to best meet the needs of students and families. She said
31 the community is facing unprecedented needs due to the pandemic, but is also making great
32 strides, as the nation is reckoning with deep issues of racism.
33
34 1. COVID Updates
35 a. School reopening
36 b. Supervised Learning Lab update
37 c. Technology challenges— internet accessibility and costs
38 d. Scientific Analyzing Board
39 e. Food insecurities — Food distribution update
40 f. Homelessness
41 g. School Nurses
42
43 Dr. Monique Felder said the safety of students and staff is the top priority in OCS. She
44 said the goal is to have a safe return to in person learning. She said the OCS Board of
45 Education established a COVID-19 metrics taskforce. She said the taskforce is comprised of a
46 broad spectrum of people, and the purpose of the taskforce is to monitor trends and follow
47 metrics. She said the School Board will be monitoring whether to return to in person instruction.
3
1 She said currently the district is in a plan C, but plan B would be a hybrid model with both
2 remote and in person instruction. She said there will always be a fully virtual option, and if OCS
3 does move to plan B, there would be strict adherence to all social distancing protocol.
4 Melany Stowe said the needs of parents and students continue to drive OCS. She said
5 virtual schooling is particularly daunting to those who face various inequities, and supervised
6 learning labs are the new necessary adaptation of OCS. She said Orange County Schools has
7 facilitated a supervised learning lab for a month in partnership with the YMCA, and a second
8 learning lab started this week in partnership with Pleasant Green United Methodist Church. She
9 said equity is a district priority, and the district sought to insure that the learning labs are
10 accessible to all. She said there are 3 different payment options, including a reasonable rate of
11 $10/week thanks to an anonymous donor. She said the second lab has given priority to
12 students that are homeless or in foster care. She said OCS is using the before and after school
13 fund balance to provide this service at no cost, including transportation. She said there is an
14 upcoming service that will be offered in an actual school.
15 Melany Stowe said technology is an ongoing need, and OCS has opened two Internet
16 hubs, which are located at schools near the greatest areas of need. She said families can sign
17 up, and come into the buildings so that there is access to bathrooms, as well appropriate air
18 temperatures. She said sitting in a car parked to access Internet service is not necessarily
19 equitable, and thus OCS has responded accordingly. She said staff will continue to work
20 towards plan B, and the needs will continue until all students can be back in school full time.
21 Dr. Kathleen Dawson said access to bathrooms, HVAC, and safety is basic human
22 rights. She expressed thanks to the BOCC for its support and willingness to fund the additional
23 hotspots. She said Orange County Schools purchased 500 hotspots in the spring, have
24 purchased 400 this fall, and have 600 more on order to meet the needs of their families. She
25 said a question was raised about where the need was coming from and why. She said the
26 quality of service was lacking, and families are trying to do what they can, but families have
27 multiple users on the bandwidth trying to work and learn. She said there are areas in the
28 community where even a hotspot will not help. She said 40% of OCS families qualify for free
29 and reduced lunch, and it is unrealistic to think these families can transport children to the
30 schools for Internet access. She said a lot of families rely on the district's services. She said
31 the district has purchased flash drives to download learning materials in order to support the
32 needs of their students. She said OCS has worked on making secondary school parking lots
33 Wi-Fi hotspots, and is working on doing the same for elementary school parking lots. She said
34 OCS is also seeking to purchase teacher devices, as many were incompatible for remote
35 learning. She said an expected delivery date for Chrome books was unknown. She said OCS is
36 renting devices to insure all children have access, which costs over$90,000 and webcams for
37 teacher laptops were over$35,000. She said once the district is able to transition to plan B,
38 there will still be remote learning students, and teachers will have to take on that dual
39 instruction, which will require setup technology. She said the costs are enormous, and Covid
40 has required all of this in such a rapid manner. She said OCS has spent over$954,000 since
41 Covid hit, which does not include the previously scheduled laptop refresh. She said the biggest
42 long term issue is Internet access for all.
43 Dr. Monique Felder introduced the scientific analyzing boards (ABC science
44 collaborative), which is a partnership between OCS, CHCCS, Duke and UNC. She said the
45 purpose of these boards is pair schools, medical and scientific professionals to help to keep
46 students and staff safe. She said there are weekly COVID-19 webinars and webinar topics
4
1 including masks, exceptional children, flu, and ventilation. She said the ABC collaborative is
2 helping Orange County Schools with developing detailed plans.
3 Sherita Cobb said OCS has been working diligently on food insecurities, and as of
4 September 22, Orange County Schools had given out 204,892 breakfast and lunch
5 combinations, and 35,441 supplemental food boxes to OCS students. She said 13 different
6 sites have been used since March to be able to give out those food items. She said the district
7 continues the backpack buddies, which provides food support for weekend meals. She said
8 OCS has —120 homeless (McKinney-Vento) students. She said these students are supported
9 with food boxes and other food/housing programs. She said OCS is very thankful to have
10 school nurses in every school. She said the nurses are working on contact tracing, preparing
11 isolation rooms, training and support, protocol and procedures for getting children back into
12 school. She said OCS is proposing to create a School Safety Task Force, which would focus on
13 several issues including school resource officers (SRO). She said SROs have been in OCS
14 since 1992, and the District works with the Orange County Sheriff's office on many issues,
15 including a variety of training. She said OCS and the Sheriff are looking at the memorandum of
16 understanding to insure that this partnership is the most effective that it can be.
17 Commissioner McKee thanked County staff for finding funding for additional hotspots,
18 and said there was a backlog in OCS, and a small need in CHCCS. He said he petitioned the
19 County to pick up the cost of this need, and asked if the County would form a task force to look
20 into this issue. He said there are families with no service, and hotspots will not help. He said
21 600 hotspots are still needed, and asked if more hotspots will be needed.
22 Dr. Monique Felder said the district is finding the needs continue to mount, as many
23 family circumstances are changing, as well as staff requesting hotspots. She said many
24 families need multiple hotspots, as one is not enough to support a family.
25 Commissioner Dorosin thanked OCS for a great presentation. He said each district will
26 make its own decision around School Resource Officers. He asked if the taskforce could be
27 comprised of interlocking membership, so that three groups are not working in silos on the same
28 issue. He said he would like to see where there are differences and similarities, and begin to
29 reconcile issues.
30 Dr. Monique Felder said OCS could consider looking at that proposal. She said there
31 are areas of overlap, as well as unique areas for each district.
32 Chair Rich said the Commissioners have been working on broadband for years. She
33 said the lack of success is not due to a lack of priority, but rather the state legislature is the hold
34 up. She said until broadband is a utility, and available to every single person who wants it, the
35 BOCC's hands are tied. She said this issue is not new and the Commissioners understand the
36 disparities. She said it has proved hard to make progress over the past four years.
37 Commissioner Price said she appreciated the work with homeless students, and asked if
38 the situation is getting worse.
39 Dr. Monique Felder said she will defer to Sherita Cobb to answer, but the district is
40 finding that families are coming together to live in the same dwelling.
41 Sherita Cobb said the district has lost a few students, but several homeless students
42 have doubled up with friends and families to try and remain in the area.
43 Commissioner Price asked if OCS is currently working with the Eviction Diversion
44 program in the County.
45 Sherita Cobb said yes, the district's social workers utilize that program.
46 Commissioner McKee echoed Chair Rich's comments as far as broadband. He said he
47 is tired of waiting and expecting the same results. He said the petition that was brought forward
5
1 has a $30 million dollar price tag. He said this is not a short-term solution. He said he was not
2 aware of data caps on school service plans, and he asked if carriers are putting throttling in
3 place.
4 Dr. Kathleen Dawson said OCS's plan with Verizon is for unlimited data, and no
5 throttling.
6 Commissioner McKee applauded the District's ability to open learning centers. He
7 asked if the District has considered opening school libraries.
8 Dr. Monique Felder said OCS opened school cafeterias.
9 Commissioner McKee asked if an update could be given on both districts' unallocated
10 fund balance.
11 Chair Rich said to wait until the budget portion of the meeting for this question.
12 Commissioner McKee agreed with Commissioner Dorosin that the conversations
13 regarding SROs should involve both districts, and asked if OCS is interested in defunding this
14 program, which has historically been quite successful in OCS.
15 Hillary MacKenzie said the focus of the taskforce was not a specific goal. She said OCS
16 is taking this moment to assess this program, including the lived experiences of students and
17 faculty. She said Sheriff Blackwood is in agreement with this assessment.
18 Commissioner McKee asked if defunding SROs has been considered.
19 Hillary MacKenzie said not that she was aware.
20 Commissioner McKee said he lives in northern Orange County, and knows many, many
21 residents there are very supportive of SROs in the schools.
22 Commissioner Bedford asked if OCS has access to testing, and if the district is relying
23 on temperature testing or parent reporting to keep track of children.
24 Melany Stowe said the District is working with the Orange County Health Department
25 and other stakeholders. She said all NCDHHS guidelines are being followed, including signage
26 and assessment forms. She said a student cannot participate in any way if they have
27 symptoms of any kind, or have been exposed to someone with symptoms of any kind.
28 Bonnie Hauser said she appreciates the County's efforts regarding Internet access. She
29 said there are over 5,000 families who do not have access to broadband, and the hotspots
30 program has made a huge difference. She said more students could be reached with more
31 tower infrastructure.
32 Chair Rich introduced Dr. Jim Causby.
33 Dr. Jim Causby said both districts are two of the best. He said CHCCS is currently
34 committed to virtual learning for the first semester; however, this is periodically reviewed. He
35 said he was surprised at the Governor allowing K-5 schools to move back to in-person learning.
36 He said he received many emails about not returning to in-person learning, and only 2 in favor
37 of it. He said CHCCS is monitoring the metrics to follow the CDC's guidelines and advice from
38 ABC science collaborative.
39 Dr. Jim Causby said, at this time, he would not recommend plan A, and plan B would
40 take some work to be ready. He said the virtual plan is not perfect, but the Chapel Hill Carrboro
41 City Schools has much to be proud of. He said the youngest students are having the hardest
42 time with virtual learning, as well as those students requiring adaptive curriculums. He said
43 families with young children are a priority for the district, as well as finding childcare. He said
44 the CHCCS Board will look at this issue again in early October.
45 Dr. Jim Causby said CHCCS has two scholastic learning centers in partnership with the
46 YMCA, and CHCCS has tried to keep students out of the school buildings. He said there are
47 about 100 students involved, with a 1:10 staff to student ratio. He said temperatures are
6
1 checked, and so far there have been no outbreaks. He said meals and transportation are
2 provided for each center. He said a third center will be opening, with CHCCS Board approval,
3 on October 1st at the University United Methodist Church, which can take about 50 students. He
4 said students that are involved in these programs have an average state test score of 2.5 or
5 lower.
6 Dr. Jim Causby said staff has serious concerns around safety when considering
7 returning to school. He said the district is trying to educate staff, and holding science
8 collaborative webinars. He said CHCCS is opening smaller programs to help staff see that
9 things can happen safely if precautions are in place, including the road drivers education
10 program. He said CHCCS is also ready to open up for athletics.
11 Dr. Jim Causby said the SNAC committee met this week, and has exciting ideas. He
12 said Dr. Felder gave a wonderful explanation of the Science Collaborative, and the collaborative
13 has more than 50 members. He said CHCCS jumped on child nutrition issues a long time
14 before he re-joined the district, but he wanted to brag on that concern. He said the District
15 jumped on grants, and 600,000 meals have been distributed to students and families, providing
16 breakfast, lunch, and food for weekends.
17 Charlos Banks said 2019-2020 data has 78 CHCCS students experiencing homeless
18 with the majority coming from the elementary level; 74% are African American; 10% are
19 Caucasian; and less than 10% Latino and Asian. She said social workers are keeping track of
20 these students and connecting them to resources and help.
21 Charlos Banks said Dr. Causby and the Public School Foundation made a call to the
22 community and raised $100,000 to help students and families secure housing, and being safe
23 while practicing remote learning. She said CHCCS received a McKinney-Ventos 3-year grant of
24 $15,000 per year. She said due to the school closure, the district could not follow through with
25 traditional plans, but is working on other options.
26 Charlos Banks said CHCCS has 21 fulltime school nurses who have been at the
27 forefront during this health pandemic. She said regular health items, such as immunizations
28 and health screenings, still need to be maintained. She said nurses are still working with
29 students to manage chronic conditions, doing wellness checks at the learning labs, and
30 partnering with the Health Department on all manner of things.
31 Dr. Jim Causby said the CHCCS Board of Education was wise to budget and order
32 Chrome books and iPads for students very early on. He said many systems across the State
33 are waiting on technology. He said Wake County Schools is waiting on 18,000 pieces of
34 equipment. He said CHCCS has issued 12,000 devices, 1,400 hotspots and an additional 270
35 hotspots for staff. He said CHCCS does not have the same connectivity issues as OCS, but
36 there are some tricky spots. He said CHCCS has a contract with T-Mobile, with no data caps or
37 throttling. He said some areas do not have T-Mobile service, and AT&T has provided hotpsots.
38 He said if virtual learning continues into the next year, CHCCS would need to rethink its
39 structure. He said technology staff is supporting far more devices than normal, and have
40 become the tech support for all families in the district. He said at some point in time the Board
41 would have to update the technology department.
42 Dr. Jim Causby said SROs have been received both positively and negatively. He said
43 the CHCCS Board has charged him with creating a taskforce to look at the issue, which should
44 begin meeting by the middle of October. He said the taskforce will look at data, expenditures,
45 student/staff experience, etc. He said the taskforce will meet as many times as necessary, and
46 is not charged with reaching any particular goal. He said CHCCS collaborates with OCS in
7
1 many things, but noted that the two districts are very different, and he would recommend
2 maintaining two separate task forces that will share information with each other.
3 Chair Rich said during School Collaboration meetings staff discussed having a County
4 Commissioner on that taskforce.
5 Dr. Jim Causby asked if the BOCC would let him know of any pertinent stakeholders that
6 should be included in the task force.
7 Mary Ann Wolf thanked the CHCCS BOE for its work, and thanked the Commissioners
8 for approving the capital lease for technology back in May. She said this made a huge
9 difference.
10 Chair Rich said the Commissioners did the same thing for Orange County Schools.
11 Commissioner McKee said he appreciated CHCCS being proactive with technology and
12 connectivity issues. He said he knows connectivity is better in Chapel Hill and Carrboro, but his
13 petition for funding to address the needs is not intended to be exclusive to OCS. He said if
14 CHCCS has needs, he asked that they be expressed to the County Manager.
15 Dr. Jim Causby said County staff has reached out, and CHCCS will certainly take funds,
16 but did not want to do so when they were not needed.
17 Chair Rich expressed thanks to both districts.
18
19
20 Slide #1
21 = '
22 %y
23
24 JointBo
ards of Education . BOCC
Keep Learning,Stay Safe
25
26 t
27
28
29
30
31 Slide #2
32
33 COVID UPDATES
34
35 • School Reopening In-Person
• Supervised Learning Lab Update
36 • Technology Challenges—Internet Accessibility and Costs
37 • The ABC Science Collaborative
38 • Food Insecurities—Food Distribution Update
• Students Experiencing Homelessness
39 • SEL/Mental Health Supports
40 • School Health Nurses
41
42 Slide #3
43
44 COVID UPDATES
45 School Reopening In-person
• Currently on Plan C Remote Learning Through First
Semester
• Constantly Monitoring State and Local Statistics
• Staffing Concerns Exist
8
1
2
3
4
5
6 Slide #4
7
8 COVID UPDATES
9 Supervised Learning Lab Update
10 Two Scholastic Support Centers opened in partnership with the
11 YMCA and Town of Chapel Hill to provide child care and support
with remote learning
12 Hargraves Center
Chapel Hill Community Center
13 • 95 K-5 students currently enrolled
14 Dates and Times of Operation:
o Septemher 1,2020-January 15,2021
15 Monday-Friday,7:45 a.m.-530 p.m.
• Breakfast, lunch and a snack provided to all students daily
16 • Bus transportation provided to all students who need it
17
18 Slide #5
19
20 COVID UPDATES
21 Technology Challenges I Internet Accessibility
22 and Costs
23 • All students grades PK-12 have a digital device and
24 access to an Internet hotspot
o PK-Grade 1 -iPads
25 Grade 2-Chromebooks(new purchase)
26 Grade 3-5 -Chromebooks(from surplus)
27 Grades 6-12 Chromebooks(updated 1:1 purchase)
28
29 Slide #6
30 UPDATESCOVID
31
32 Technology Statistics:
#of Ch romebooks/I pads issued:12,000
33 #of Student Internet hotspots: 1,400
34 #of Staff Internet hotspots:170
35 If Plan C or extended remote learning continues
36 beyond 2021,we would need to upgrade PK-
37 Grade 1 and Grade 3-5 devices.
38
39 Slide #7
40 UPDATESCOVID
41
42 Technology Challenges
• Areas exist where no wireless signal is available;
43 carrier issues (T-mobile) or other issues connecting
students and devices
• Providing remote support for over 13,000 devices
(students and staff) is difficult with current staffing
levels and COVID precautions
9
1
2
3
4
5
6 Slide #8
7 COVID 8 UPDATES
9 ABC Science Collaborative
10 • Website established
• COVID-19&the Classroom webinars:
11 o COVID-19 and Masks
12 o Air,Surfaces&Safeguarding Your Surroundings
o Accommodations for Those with Special Needs
13
14 THE ABC SCIENCE
15 COLLABORATIVE
16
17 Slide #9
18 UPDATESCOVID
19
20 Food for Students (FFS) Distribution Update
21 Since March,CHCCS has been dedicated to providing meals for our students
Food for Students developed from Food for the Summer,a program in partnership with the Town of
22 Chapel Hill.
With the support of the FFS team,community volunteers and donors,and laih leaders and their
23 congregations,not one meal delivery has been missed
Food for Students continues to grow,and will begin providing meal
24 door-"oor drop offs to families unable to access one of the
37 delivery sites.
Families,social workers and community members can access
25 FFS information at Fnndlnr9t Vents rife
26
27
28 Slide #10
29 UPDATESCOVID
30
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38 Slide #11
39 COVID UPDATES
40 Fvod kt Studctints DoraiOfM
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6 Slide #12
7
8 COVID UPDATES
FFS Enrichment&Growth
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17 Students Experiencing Homelessness
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36 Slide #15
37SEUMental Health Support
38 We recognize that the"new normal"requires"new tools."
39
Provide intentional S E L supports during the instructional day-
40 chsck4 ns,an gaging strategies and optimistic closures
• Build staff and adult high-quality professional development-
41 bidIdfng equlry-centered classrooms
Continue community partnerships to provide access to resources
42 • Expand co-located mental health to Include staff supportslEAP
Implement districtwida SEL needs assessment
43 • Offer ex plicit opportunities for salfca re
11
1
2
3
4
5
6 2. School Resource Officers —task forces — covered above as part of#1
7
8 Slide #17
9 SCHOOL ■ - ■
10 • SRO Task Force
11 c Contracts expired June 30,2020
c No use of SROs at this time
1 2 Still determining members of Task Force
13 Considering a student survey
14
15
16 3. Budget
17 a. CARES spending
18 b. 2016 Bond Project
19
20 Jonathan Scott covered the following information:
21
22 Slide #18
23
24
Federal Grant Fund CARES Aa Allotments
25
26 �
27
29
30
31 Slide #19
32 ,
33 state Puhllc school Fund CARES Act Allotments
34
35
36
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38 N
39
40 Slide #20
41
42 Current Allotment Summary
43 -- -- - -
44
12
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2
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4
5 Slide #21
6
7 CARES Act Spending to Date
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13
14
15 Commissioner Bedford asked if the School districts have been able to keep everyone
16 employed, or if layoffs are happening. She also asked if Project Jumpstart was held virtually, or
17 in person.
18 Dr. Jim Causby said CHCCS has not laid anyone off.
19 Jessica O'Donovan said Summer Jumpstart was entirely virtual in July. She said staff
20 served students in groups of 5 or less, and sometimes individually.
21 Dr. Monique Felder said Orange County Schools has fortunately not had to layoff any
22 staff.
23 Patrick Abele reviewed the following information:
24
25 Slide #23
26 CAPITAL& BOND UPDATE
27 Total Project Lost Bond F.n&: Total GpltaI
28 Lincoln Canter.Chapel HIH $72,108,000 Expanse:
Hie Scheel $75,715,546
29 Llndnln C.Mar $1,SSO,om .
30
Lhapal HII]High $7d,165,5d6
31 Chap.l Hill High project
Indludad.dditlnn.l e t fnr
tho CTE building and Ch.P.l Hill High
32 enntinganey Cwry. $1,21a,125
33
34
35 Slide #24
36
CHAPEL SCHOOL UPDATE
37
38 o Building A and Building D(new buildings)-Final
stages;awaiting occupancy permits
39 o Building E(CTE)-Ongoing,expected 10l15
40 o Building B,C(existing)-Ongoing renovations
o Demolition Old Building A(main bldg)-Ongoing
41 wlscheduled demo removal by 11/15
42 o Student Parking Lot(new)-Scheduled by
December 31st
43 o Substantial completion:January 15th 21
44
13
1
2 Slide #25
3 _
5
6 Click this link for the comprehensive building any!
Ni te6struction update Ero 2a.
7 s ti II schedule a walk-through for the Commissioners to see
8 the high school renovations.
9
10 Slide #26
11 PHILLIPS MIDDLE •OUPDATE
12
13 2019-2020 Drainage Project-Completed
14 2020-2021 Asbestos Floor Project Phase III-Complete
15
16 2020-2021 Gym Air Handler/HVAC-Ongoing
(solicitation of bids phase)
17
18
19
20 Slide #27
21 PHILLIPS MIDDLE ■■ UPDATE
22
23
24
25
26 _
27
28
29 Slide #28
30PHILLIPS MIDDLE .■ UPDATE
31 � •
32 �
33 R.
34 h
35
36
37
38 Commissioner Marcoplos thanked CHCCS for the Philips Middle School update, and
39 asked when this work began.
40 Patrick Abele said temporary repairs began in late fall 2019, and the majority of the work
41 was done over the summer of this year.
42 Commissioner Marcoplos asked if all the work was done outside the building.
43 Patrick Abele said some work was done in the hallways (flooring, lockers, etc.). He said
44 there is some additional wall damage repairs to complete.
14
1 Commissioner Marcoplos asked if the work had been completed in the summer 2019,
2 when funds were allocated, would it have prevented further damage.
3 Patrick Abele said any time water damage can be prevented is best. He said CHCCS
4 did not know about funding until July 1, and thus bids for projects cannot be received until that
5 time, which does not allow a timeline for work to be completed in the summer that funds are
6 allocated. He said the first step was to assess the need, which was done as soon as funds were
7 appropriated.
8 Commissioner Marcoplos said he does not understand why the District had to wait until
9 the County had appropriated funds, when the District has such a healthy fund balance that can
10 be tapped into, and knowing the County would back the district up at a later time.
11 Patrick Abele said he cannot answer that question. He said the project was identified,
12 assessed and remediation started in 2019, and he cannot attest to years past, as he was not in
13 the District.
14 Commissioner Marcoplos said this issue identifies the need for transparency between
15 the schools and the County. He said there should be a joint taskforce to look at school facility
16 maintenance issues to keep everyone informed and on task. He said these are very important
17 issues.
18 Commissioner McKee asked if the unallocated fund balance for both districts could be
19 identified. He said it seems these balances have been growing since Covid.
20 Jonathan Scott said the CHCCS made a very concerted effort to pull down unnecessary
21 spending. He said the CHCCS audit is not complete, but in June 2019 CHCC had roughly 11%
22 undesignated, unreserved balance. He said he anticipates this will go to 12.5%. He said it
23 would have been more, but CHCCS has to appropriate a good amount of funds this year.
24 Chair Rich asked if Orange County Schools wanted to present.
25 Rhonda Rath reviewed the following information:
26
27 2020-2021 CARES Funds Received
28
29 1 STATE PUBLIC SCHOOL FUND — Cares Act
Fiscal LEA PRC Description Grant Position Month YTD Allotment
Year Year
2020-21 680 121 CRF Summer Learning 0 0 361,260.00
Program
2020-21 680 122 CRF School Health 0 0 47,259.00
Support
2020-21 680 123 CRF Nondi ital Resources 0 0 14,273.00
2020-21 680 124 CRF Student Computers 0 0 115,873.00
and Devices
2020-21 1 680 125 CRF School Nutrition 0 0 1 201,815.00
2020-21 680 126 CRF Personnel 0 0 23,787.00
Computer and Devices
2020-21 680 128 CRF Home and 41,478.00
Communit WiFi
2020-21 680 132 CRF Exceptional Children 77,068.00
2020-21 680 135 CRF Cybersecurity 0 0 12,664.00
895,477.00
30
31 FEDERAL PROGRAMS
32 Current Allotment Revision#061 Total Revised Allotment
Fiscal LEA PRC PRC Grant Position Month Amount Position Month YTD
Year Description Year Allotment
2019-20 680 163 CARES 2020 0 0 0 0 0 942,810.00
ACT 2020
15
1
2 2020-2021 CARES Funds Anticipated
3
Description Anticipated Allotment
GEER-Specialized Instructional Support Personnel for $204,104
COVID-19 response
GEER-Supplemental Instructional Services $77,209
Total Anticipated Funding $281,313
Grand Total CARES Act Relief Funds $2,119,600
4
5 COVID-19 EXPENDITURES
6
Funded Unfunded/Expended Unfunded/Potential
$115,873-Student Devices $135,889-School Nutrition $54,180-Supervised Learning Labs
$23,787-Personnel Devices $4,300-Flash Drives $100,000-docking stations
$41,478-400 hotspot devices $70,950-400 docking stations $90,000-600 additional hotspot
devices
$12,664-C bersecurit $90,300-chromebook rental $81,000-600 additional hotspot service
$361,260-Summer Learning $35,475-webcams $85,000-660 teacher monitors
$77,209-Instructional Support $106,900-900 hotspot service $350,000-K iPad devices
$251,363-Health Support $27,280-Zoom Irg meetings $200,000-Outside structures
$14,273-Nondi ital Resources $22,000-Adobe Licenses $960,180-subtotal
$201,815-School Nutrition $400,000-Edmentum
$77,068-Exceptional Children $893,094-Total Expended $?????-Building Ventilation
$254,700-Curriculum Customization $?????-Additional staff for internet
hubs/cleaning
$600,000-PPE and Sanitation
$38,110-Private Schools Fair Share
$50,000-Social/Emotional Support
$2,119,600-Total Funds Available
7
8 COVID-19 EXPENDITURES
9
Funded Status
$115,873-Student Devices Encumbered student devices. Awaiting delivery
$23,787-Personnel Devices Encumbered personnel devices.Awaiting delivery.
$41,478-400 hotpsot devices 400 hotspots received and distributed
$12,664-Cybersecurity Plans in development for maximum utilization(professional
development)
$361,260-Summer Learning $170K expended for summer services to 300 students.$45K
tutor support.
$77,209-Instructional Support Plans in development for supplemental instructional support to
at-risk students,students in poverty,and students with
disabilities
$251,363-Health Support Contract in negotiation for Social Emotional support
$14,273-Nondi ital Resources Workbooks encumbered for 2,150 elementary students
$201,815-School Nutrition 227,240 meals prepared and delivered since March
$77,068-Exceptional Children Supplies/materials;adaptive equipment;learning kits
$254,700-Curriculum Customization $254K expended for curriculum blue prints
$600,000-PPE and Sanitation $64K expended to date;remaining being encumbered as
supplies can be located
$38,110-Private School Fair Share
$50,000-Social/Emotional Support Contract in negotiation for Social Emotional support
$2,119,600-Total Funds Available 40%committed and/or expended at August 31,2020
10
11
12 Rhonda Rath said 40% of funding received by OCS expires in December. She said the
13 federal funds are more flexible. She said the OCS audit was ensuing, and the unassigned fund
14 balance will probably be $3.7 million.
16
1 Commissioner McKee said he is concerned for the social and emotional impacts on the
2 students, especially exceptional children. He encouraged the schools to use their unassigned
3 fund balances to address these needs.
4 Dr. Jim Causby said Commissioner McKee is preaching what he believes. He said there
5 is no question that children will be at least half a year behind. He said students cannot be
6 overloaded right now, but expanded summer offerings will be crucial.
7 Dr. Monique Felder agreed. She said this situation presents many challenges, especially
8 to those who were at risk prior to the pandemic. She said some OCS students are receiving
9 additional support, and more options are being pursued to increase this. She said some
10 students really need in person instruction.
11 Commissioner McKee said the County is a backstop, and encouraged the schools to not
12 sit on allocated funds, while needs are present. He said some students are going to be lost
13 completely.
14 Chair Rich said the districts are doing an excellent job.
15 Dr. Dannie Williams said the bond funds have afforded a complete office renovation of
16 Efland Cheeks Elementary School; safe vestibule entry points for remaining schools that lacked
17 them, allowing one way in and one way out; roofing and asbestos removal; installation of
18 security systems; mechanical renovations and designs for two schools; the Cedar Ridge
19 Classroom addition; and some summer projects that are nearing completion.
20
ON
49
21
22
23
24
25
26 4. Equity
27
17
1
2
3 Slide #22
4
5
6 "Not everything that is faced can be changed.But nothing can be changed until
7 it is faced."-James Baldwin
. The reopening school subcommittees utilized the Racial Equity Impact Assessment(REIA,
8 Race Forward)to ensure decisions were equitable
Students were invited to participate in the reopening subcommittees to provide equity of
voice
9 . Equity specialists will provide staff and faculty professional development focused on:
Trajectory to Identity,Community,Equity and Social Justice
10 27 Equitable Classroom Practices
How to Talk About Race
11 Intersectionality as a Compass
My Protest is my Pedagagy
Continued collaboration with Student Services in providing professional development-
1 2 Building Equity Centered Classrooms
13
14 Dr. Monique Felder said she has worked a number of places, and the equity work here is
15 so impressive and important for student learning. She said equity is the thread that runs
16 through the District's work.
17 Dr. Dena Keeling said equity is a district priority, and everything the District does is
18 through an equity lens. She said before she was hired, the Board approved some joint funding,
19 and the district secured two 2-day trainings for district leadership, school counselors, career
20 advisors, and select teachers. She said these staff members went on to make up school based
21 equity teams in each school. She said the District cabinet and all school principals go through
22 monthly equity training, which has moved to an online platform due to Covid. She said the
23 district is working with Intercultural Development Research Association (IDRA) through a grant
24 at the NC Department of Education. She said IDRA analyzes data for OCS and creates
25 trainings accordingly.
26 Dr. Dena Keeling said every school based equity team has a lead, and she met with this
27 team for the first time last night. She said this work is important and she is having staff do a lot
28 of self-reflection. She said the equity taskforce is recruiting new members, including community
29 members, teachers, students and parents. She said this task force will make recommendations
30 to the Superintendent about issues related to equity. She said all current policies will be
31 reviewed.
32 Dr. Dena Keeling said she recently started affinity groups for staff, especially African
33 American staff. She said Orange High School has an excellent student led equity team, and an
34 African American history course offering has come out of that group. She said she listens
35 carefully to these students. She said she is a department of one, and it is a big lift to build this
36 effort in Orange County Schools. She said another challenge is the racial climate, and it is hard
37 to hear from students about feeling harmed and unsafe. She said it would be helpful if there
38 was a community wide focus on these issues.
39 Commissioner Greene said she is very interested in the students input about wanting
40 more diverse course offerings, and wanted to make sure Dr. Keeling knows about DPI
41 resources in these areas.
42 Jim Causby introduced Lee Williams who is the Chief Equity Officer. He said Dr. Lee
43 Williams was leaving at the end of the month and headed back to Guilford County Schools as a
44 middle school principal.
18
1 Lee Williams said Dr. Keeling covered most of the information, and CHCCS staff has
2 gone through similar training opportunities as OCS. He said when thinking about reopening,
3 every decision is made with a racial equity lens in mind. He said equity specialists are working
4 through dismantling and removing barriers. He said CHCCS currently has four equity
5 specialists: two in elementary, one in middle, and one in high school.
6 Mary Ann Wolf said it is refreshing to hear these updates, and thanked all staff for its
7 energy and work.
8 Hillary MacKenzie agreed, and expressed gratitude for the collaboration. She thanked
9 the BOCC for its help with the hotspots.
10 Commissioner Dorosin said six months ago there was a lot of discussion with CHCCS
11 around contracts, and an investigation that may be happening. He asked if there was a final
12 report that could be forwarded to the BOCC.
13 Mary Ann Wolf said the final report was just completed, and will be reviewed by the
14 CHCCS Board on October 8t", 2020.
15 Dr. Jim Causby said the report will be posted thereafter.
16 Commissioner Marcoplos said he was encouraged to hear that curriculums could be so
17 nimble to add more diverse classes. He said he would encourage the schools to add a course
18 on local government, as many people know nothing about local government.
19 Chair Rich said she would love to see women's studies courses added.
20 Commissioner Greene said there are ready-made courses on local government at
21 Carolina's Public Humanities.
22 Commissioner McKee said he is very pleased to hear the construction updates.
23 Chair Rich encouraged everyone to continue wearing masks, and follow safety
24 guidelines. She said the Governor has encouraged schools to open, but schools should not feel
25 pressured to do so.
26
27 Meeting adjourned at 9:29 p.m.
28
29
30
31 Penny Rich, Chair
32
33 Allen Coleman
34 Assistant Deputy Clerk II
35
36 Submitted for approval by Gregory A. Wilder, Interim Clerk to the Board.
1
1 ATTACHMENT 2
2
3 DRAFT
4 MINUTES
5 ORANGE COUNTY
6 BOARD OF COMMISSIONERS
7 VIRTUAL BUSINESS MEETING
8 OCTOBER 6, 2020
9 7:00 p.m.
10
11 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday,
12 October 6, 2020 at 7:00 p.m.
13
14 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich, Vice Chair Renee Price, and
15 Commissioners Jamezetta Bedford, Mark Dorosin, Sally Greene, Mark Marcoplos, and Earl
16 McKee
17 COUNTY COMMISSIONERS ABSENT:
18 COUNTY ATTORNEYS PRESENT: John Roberts
19 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
20 Travis Myren, Interim Clerk to the Board Greg Wilder, and Assistant Deputy Clerk Allen
21 Coleman (All other staff members will be identified appropriately below)
22
23 Chair Rich called the meeting to order at 7:00 p.m., and asked Commissioners to accept
24 a roll call.
25 The Board agreed by consensus.
26
27 Due to current public health concerns, the Board of Commissioners conducted a Virtual
28 Business Meeting on October 6, 2020. Members of the Board of Commissioners participated in
29 the meeting remotely. As in prior meetings, members of the public were able to view and listen
30 to the meeting via live streaming video at orangecountync.gov/967/Meeting-Videos and on
31 Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable).
32
33 In this new virtual process, there are two methods for public comment.
34 . Written submittals by email
35 • Speaking during the virtual meeting
36
37 Detailed public comment instructions for each method are provided at the bottom of this
38 agenda. (Pre-registration is required.)
39
40 1. Additions or Changes to the Agenda
41 NONE
42
43 Chair Rich acknowledged the public charge.
44
45 Arts Moment— No Arts Moment was available for this meeting.
46
47
48 2. Public Comments
49
50 a. Matters not on the Printed Agenda
2
1 Jared Cates said he lives in Efland, and is concerned about the potential rezoning of the
2 Buc-cees development for a very large gas station. He said there are many residents who are
3 opposed to this development due to traffic, pollution, and quality of life. He said this project is
4 profoundly unsuited to the site.
5
6 The following comments were submitted via email to the Board of County
7 Commissioners (BOCC):
8
9 Dear Orange County Board of County Commissioners,
10
11 For the past 20+ years we have lived on what we call our Efland Estate. For us, we have a large
12 tract of land (5 acres) and an elaborate home (3 bedrooms, 2 baths). We also have numerous
13 bird species and various reptiles and amphibians, all of which we monitor as we participate in
14 citizen science projects and educational events and activities. In our modest home on a piece of
15 land limited because it does not perk (thank goodness), we have constructed two decades,
16 times two, of love and concern for this land. A Buc-ees is not what we had in mind when we
17 moved here and it is certainly not a development that we can support. Three short miles from
18 our home, it will impact not only our lifestyle but the very lives of the plants and animals whose
19 acreage we share. We strongly oppose this development in Efland and hope that the Orange
20 County Board of County Commissioners agrees.
21
22 Your Constituents,
23 Catherine E. Matthews cmatthews(a)uncg.edu, 919 593-0440
24 Timothy B. Spruill, tbspru _aol.com, 919 518-5489
25
26 Commissioner McKee and Commissioner Dorosin joined the meeting at 7:02 p.m.
27
28 b. Matters on the Printed Agenda
29 (These matters will be considered when the Board addresses that item on the agenda
30 below.)
31
32 3. Announcements, Petitions and Comments by Board Members
33
34 Commissioner Bedford said she had no comments.
35 Commissioner Greene said she is wearing purple in recognition of domestic violence
36 awareness month. She brought attention to Racist Roots.org, which focuses on the racist
37 history of the death penalty.
38 Commissioner Price said it is possible that the 2020 Census is still open, and it appears
39 that residents have until the end of the month. She encouraged all who had not yet completed
40 the census to please do so.
41 Commissioner Marcoplos said there are rumors of so called "poll watchers" to bother
42 people at the polls. He asked if the local board of elections and law enforcement have a plan to
43 address this possibility at Orange County sites, and petitioned staff to follow up. He asked if a
44 report from the summer's policing and racial justice listening session is available.
45 Commissioner Dorosin said the national election protection hotline is available for voters
46 who have any questions at 1-866-OUR-VOTE. He said this is a national non-partisan voter
47 helpline. He referred to Commissioner Marcoplos' comments, and said it is important not to
48 assign police officers to voter locations. He said if there is a need to respond, law enforcement
49 can do so, but should not be a presence otherwise, as it can lead to voter
50 suppression/intimidation.
51 Commissioner McKee had no comments.
3
1 Commissioner Rich said she sent a resolution for the Board's review, which she will put
2 forward at the 10/20/2020 meeting, asking North Carolina to no longer support the Hyde
3 Amendment. She said October is breast concern awareness month. She said the Health
4 Department still encourages women to get mammograms done, despite COVID, as it can be
5 done safely.
6 Chair Rich said there was a Partners meeting today (formerly the MAC meeting), and
7 these meetings will take place monthly. She said COVID numbers were up from 1.8% to 2%
8 this week, and UNC was at 4.6% last week and now 5%. She said about 3,100 people are
9 being tested a week, and contact traces are working hard. She said hospitals are not
10 overwhelmed, but flu shots are critical, and she encouraged everyone to get flu shots.
11 Chair Rich said emergency services is spotting Hurricane Delta, with 120 miles per hour
12 winds.
13 Chair Rich said the BOCC wants to extend sincere condolences to Chad Dorill's family
14 (Appalachian State (ASU) Student who died last week of COVID). She said ASU established a
15 hotline, and UNC has one as well.
16 Chair Rich said traditionally at this meeting the Board of County Commissioners (BOCC)
17 chooses a Commissioners' Planning Retreat Committee. She said the BOCC can postpone the
18 retreat until the spring, or not hold it at all. She asked if the BOCC wants to move forward on
19 this retreat.
20 Commissioner Price said she would be willing to serve on the committee and discuss
21 details as time moves forward.
22 Chair Rich said the only logistical issue is making sure the BOCC has time to vote on a
23 calendar change, if necessary.
24 Commissioner McKee said he would serve on this committee. He said he would like to
25 wait until the second meeting in November, and make a decision then.
26 Chair Rich said traditionally the retreat is one day, and 7 hours via Zoom would not be
27 ideal. She said retreats are more beneficial in person.
28 Commissioner Greene said she is interested in having a retreat, and would be happy
29 with several Zoom sessions. She said Triangle J has done this. She said a retreat would allow
30 the BOCC to revisit its goals from last year. She petitioned to hear back from Ashley Heger
31 about last year's goal of tackling hunger.
32 Chair Rich said Commissioner Price, Dorosin, and McKee would serve on the retreat
33 planning committee.
34 All three commissioners agreed to serve.
35 Chair Rich said the committee could talk with the Clerk's office, and report back to the
36 Board at a later date.
37
38
39 4. Proclamations/ Resolutions/Special Presentations
40
41 a. Domestic Violence Awareness Month Proclamation
42
43 The Board considered voting to approve a proclamation recognizing October 2020 as
44 Domestic Violence Awareness Month in Orange County.
45
46 BACKGROUND: Domestic Violence is a pattern of control in an intimate relationship where one
47 person uses coercion and violence to gain power and control over a partner.
48
49 In 1989, the U.S. Congress first passed Public Law 10 1-112 designating October of that year as
50 National Domestic Violence Awareness Month, and has adopted similar legislation each year
51 thereafter. The goal has been to educate and make the public aware of domestic violence
4
1 issues, support the victims of domestic violence, and to connect advocates across the nation
2 who are working to end domestic violence.
3
4 The Board of Commissioners is asked to proclaim October 2020 as "Domestic Violence
5 Awareness Month" in Orange County to support victims of domestic violence, to educate
6 residents, and support those working to end domestic violence.
7
8 Chair Rich introduced Valerie Sauer, Director of Community Education at the Compass
9 Center in Chapel Hill, who read the resolution.
10
11 ORANGE COUNTY BOARD OF COMMISSIONERS
12 PROCLAMATION
13 DOMESTIC VIOLENCE AWARENESS MONTH 2O20
14
15 WHEREAS, domestic violence is a pattern of coercion and control in an intimate partner
16 relationship where one person uses violence to gain power and control over their partner; and
17
18 WHEREAS, domestic violence includes not only physical, but also mental abuse, emotional
19 abuse, financial abuse, isolation and sexual abuse; and
20
21 WHEREAS, individuals of all backgrounds, regardless of race, age, gender identity, or sexual
22 orientation can experience abuse by an intimate partner; and
23
24 WHEREAS, according to the National Coalition Against Domestic Violence, on average nearly
25 20 people per minute are physically abused by an intimate partner in the United States. During
26 one year, this equates to more than 10 million women and men; and
27
28 WHEREAS, on a typical day there are 20,000 phone calls placed to domestic violence hotlines
29 nationwide according to the National Coalition Against Domestic Violence; and
30
31 WHEREAS, in North Carolina, according to the North Carolina Coalition Against Domestic
32 Violence, at least 57 individuals were murdered as a result of domestic violence in 2019; and
33
34 WHEREAS, Compass Center for Women and Families, the state-designated domestic violence
35 service provider for Orange County, served over 1,400 survivors of domestic violence through
36 their 24-hour hotline, support groups, court advocacy, crisis counseling, Latinx services, and
37 other services last year; and
38
39 WHEREAS, Compass Center has launched Safe Homes, New Lives - an innovative and
40 compassionate new housing strategy that empowers victims of domestic violence, provides
41 safety for them and their children, and keeps them in their community by providing scattered
42 housing across Orange County to shelter victims and their families for up to 3 months; and
43
44 WHEREAS, prevention strategies involve collaborations by multiple partners to promote social
45 norms, policies, and laws that support gender equity and foster intimate partnerships based on
46 mutual respect, equality, and trust;
47
48 Now, therefore, the Orange County Board of County Commissioners, do hereby proclaim this
49 time to be:
50
51 "Domestic Violence Awareness Month 2020"
5
1
2 and encourage the residents of Orange County to observe this time in ways appropriate to its
3 importance and significance.
4
5 Proclaimed this the 6th day of October 2020.
6
7 Penny Rich, Chair
8 Orange County Board of Commissioners
9
10 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
11 approve the Proclamation designating October 2020 as Domestic Violence Awareness Month in
12 Orange County, and authorize the Board Chair to sign the Proclamation.
13
14 Commissioner Price said this petition did not go through the traditional agenda review
15 process, but she said the topic is important to the BOCC, and she hopes all will support it.
16 Chair Rich asked if the word "citizens" can be amended to "residents" to include
17 everyone.
18 Valerie Sauer said this change is acceptable.
19 Commissioner Dorosin and Commissioner Price accepted the amendment.
20
21 Roll call ensued
22
23 VOTE: UNANIMOUS
24
25 5. Public Hearings
26
27 a. Public Hearing on the 2021 Reappraisal Proposed Schedules of Rules, Standards
28 and Values
29
30 The Board held a public hearing on the 2021 Reappraisal Proposed Schedules of Rules,
31 Standards and Values.
32
33 BACKGROUND: As required by North Carolina General Statutes (NCGS) 105-317, the
34 proposed Schedules of Values (SOV) to be used in conducting the 2021 reappraisal were
35 submitted to the Board of County Commissioners on September 15, 2020. At that time, a public
36 hearing was set for October 6, 2020, and notice was advertised in the News of Orange, Chapel
37 Hill News and Durham Herald on September 16, 2020. The proposed Schedules have been
38 available for public inspection in the Orange County Tax Office, Orange County Clerk to the
39 Board's Office, and on the Orange County Tax Office website (available at
40 https://www.orangecountync.gov/878/Revaluation) since September 15, 2020.
41
42 The public hearing is the second step in a three- step process to adopt the Schedules that will
43 be used in conducting the 2021 reappraisal. The Board will be asked to adopt the Schedules at
44 its November 5, 2020 regular meeting. Following adoption, the Schedules will be appealable to
45 the State Property Tax Commission for thirty (30) days.
46 The timeline for the 2021 Reappraisal Schedule of Values adoption process is as follows:
47 • September 15, 2020: Submission to Orange County Board of Commissioners
48 • September 16, 2020: Advertise in newspapers
49 • October 6, 2020: Public hearing on SOV
50 • November 5, 2020: Adoption of SOV
6
1 • November 6, 2020: Publish 1 st notice of adoption
2 • November 13, 2020: Publish 2nd notice of adoption
3 • November 20, 2020: Publish 3rd notice of adoption
4 • November 27, 2020: Publish 4th notice of adoption
5 • December 5, 2020: Last day for taxpayer to appeal the SOV
6
7 Nancy Freeman, Tax Administrator, made the following PowerPoint presentation:
2021 REAPPRAISAL SCHEDULE OF
RULES,STANDARDS AND VALUES
9 �-
10
What is a Reappraisal?
❑The process of updating real property tax assessments
for market value and present-use value
Appraisal of all properties in Orange County as of a
single date
Primary goal is to equalize tax base
Effective date for Orange County's upcoming
reappraisal is January 1,2021
1 1
Where We Have Been
o Field reviews began mid-20T 9
Launched two inter—ive web,hes in July 2019 to assist owners
rev w their property values Peoperty Record Card
Co.—
Data Validation Form mailed February 2020
41,600 moiled
Received approximately 4,300 responses
Revaluation Video available on our webshe
Revaluation Insert with 2020 Bills
12
13
14
Where We Are
1111111110
❑Majority of land pricing has been completed
❑Mostly complete with verifying individual property
characteristics and data
Per data provided by property owners on Data Validation Forms
o Beginning"Neighborhood Reviews"
Current soles reports for statistics,edits as necessary
Before and after report for quality control
Commercial properties are being appraised by outside
commercial appraisal company
15
Where We Are Going
c Schedules of Values submission September 15,2020 and
corresponding adoption timeline
❑Final revaluation presentation January 2021
a Unique challenges of this revaluation
❑Notices of new value mailed mid March 2021
Deadline for informal appeals April 30,2021
r. Board of Equalization and Review to convene May 3,2021
1
2
Where We Are Going Continued
❑Post-revaluation customer service,reporting
a Extended informal appeals process
a Collaborative approach to appeals
a Pooling resources with other counties performing 2021
revaluation
3
The Schedules of Values (SOV)
lll�
❑Tax Assessor must submit SOV to the Board of
County Commissioners(BOCC)
❑"Upon receipt",the BOCC shall publish a statement
that such has been submitted and time/place of
public hearing on SOV
❑52-day minimum for full adoption of SOV
4
5
6
What is the Schedules of Values?
III.
❑4-year business plan
❑An appraisal"toolbox"
❑Explains methodology
❑Shows appraisal system contents,i.e.calculation
tables,codes,etc.
❑Links to applicable case law
❑Provides Uniform Standards of Professional
Appraisal Practice(USPAP)
❑Does not provide values for specific properties
7
8
8
The Adoption Process
ll�
September 15,2020:Submission of Schedules of Values to
Board of County Commissioners
September 16,2020:Advertising notice published in News of
Orange,Chapel Hill News&Durham Herald
October 6,2020:Public hearing
u November 5.2020:Adoption of Schedules
o November 6.2020,1^advertising notice
o November 13.2020:2^d advertising notice
o November 20,2020:31d advertising notice
o November 27,2020:0 advertising notice
o December 5.2020:Last day for taxpayer appeal
1
2
3
4
For More Information
❑Contact the Orange County Tax Office:
919-245-2100
reval@orangecountync.gov
Visit the revaluation section of our website
http;//www.orangecountync.gov/tax/
5
6
7 A motion was made by Commissioner Bedford, seconded by Commissioner McKee to
8 open the public hearing.
9
10 Roll call ensued
11
12 VOTE: UNANIMOUS
13
14 PUBLIC COMMENT:
15 NONE
16
17 A motion was made by Commissioner Price, seconded by Commissioner McKee to
18 close the public hearing.
19
20 Roll call ensued
21
22 VOTE: UNANIMOUS
23
24 John Roberts reminded the BOCC that there must be a 24-hour written comment period
25 after a virtual public hearing, and comments can be sent to reval(Qorangecountync.gov or
26 ocbocc orangecountync.gov
27 Chair Rich asked if a formal vote is needed.
28 John Roberts said no, that it just needs to be announced.
29 Commissioner Price said she received emails regarding a revaluation during a
30 pandemic, and asked staff to explain that there will be little to no financial harm by doing this is
31 2021.
32 Nancy Freeman said yes.
33
9
1 b. Second Public Hearing on CDBG-CV Grant Application for Emergency Housing
2 Assistance
3
4 The Board held a public hearing on the draft application from Orange County for
5 Community Development Block Grant— Coronavirus (CDBG-CV) funds from the NC
6 Department of Commerce. In addition, the Board considered:
7 • Authorizing the County to submit an application for CDBG funds
8 • Authorizing the Chair to sign a resolution approving Orange County to apply for CDBG-
9 CV funds.
10
11 BACKGROUND: On August 25, 2020, Governor Roy Cooper announced the availability of$28
12 million from federal Community Development Block Grant— Coronavirus (CDBG-CV) funding to
13 be disbursed to support rental and utility payments and prevent evictions for those with a
14 demonstrated need (see Attachment 1). The funding will be distributed to eligible community
15 agencies around the state that will work directly with North Carolinians on an application and
16 disbursement process.
17
18 Orange County intends to apply for the CDBG-CV funds to be used with the County's existing
19 Emergency Housing Assistance fund, which provides financial assistance to help Orange
20 County residents with low incomes secure and maintain stable housing (see Attachment 2).
21 Assistance is available to households in Orange County that earn no more than 60% of the area
22 median income, have an urgent need for housing assistance, and do not have adequate
23 savings to cover the cost of their housing need.
24
25 Before submitting an application, Orange County must hold two (2) public hearings to obtain
26 citizens' comments. The first public hearing was held at the beginning of the application
27 process. The second public hearing —the hearing being held today— must be held after
28 theapplication is drafted but prior to its submission. The draft application is available in
29 Attachment 4, and online at http://orangecountync.gov/DocumentCenter/View/12902/.
30
31 The Board of Commissioners must also authorize the County to submit an application for
32 CDBG-CV funds through a resolution (see Attachment 3). All public comments received during
33 the public hearing today, the prior public hearing, and throughout the entire public comment
34 period will be considered and incorporated into the County's final application.
35
36 Erika Brandt, Housing and Community Development Program Manager, made the
37 following PowerPoint presentation:
ORANGE COUNTY oX H C D
RVK1 H CAWLI NA oww mwn.wncawr rrxrvrc r
NC CDBG-CV Application
for Emergency Housing Assistance
Board of Commissioners
October 5,2020
38
10
n\/FR\/IF\A/
• NC CDBG-CV
• Emergency Housing Assistance(EHA)
• Public Comments
1
1vr rnRG,-ry
• The INC Department of Commerce announced on August 25' that federal
CDBG-CV funds would be made available for local governments,with
priority on rent,utility,and mortgage assistance programs
• Orange County Department of Housing and Community Development
intends to apply for the maximum amount of funds($900,000)to feed
into the existing Emergency Housing Assistance program
• Applications for INC CDBG-CV funds opened September V,but in order to
apply,localities must first hold two(2)public hearings
• The first public hearing was held September 15th and this is the second
2
3
E M E R G E N C Y H n-U-S"1-N."G"".AS&1-& LC E-
EHA was originally created by the BOCC In 2018 as pert of the pllpt Risk
Mitigation and Housing,Displa—en!Fund
• Provide emergency financial assistance for housing-related costs to help
Im,mcome household5"cum and/or maintain Stable hausing
• Eligible expenses include reel/
utility payments and arrears.
seruriry deposln,etc.
• Since March,EIHAhas drastically
streamlined
tr
so n _ I
led op and slrmllneded InIn
response to COVlo-19
4 -- "
5
6
F AA F RfFJ.i1r Y HL41 S1N�i ASSESTA AIj'F
- -.i.J.
.. .. _ .. ..
s
PURI Ir rnKAKAFNTS
Comments will be heard now,or may be submitted in writing or by
telephone to:
Erika Brandt,Housing and Community Development Manager
(919)141-4331
ebrandt..rangecountvagov
• All comments will receive a written response and will be incorporated
into the application for INC CDBG-CV
9
10
11
12
13
11
I RES-2020-058
2
3 RESOLUTION APPROVING THE ORANGE COUNTY APPLICATION FOR COMMUNITY
4 DEVELOPMENT BLOCK GRANT FUNDING
5 FOR THE EMERGENCY HOUSING ASSISTANCE FUND
6
7 WHEREAS, the Orange County Emergency Housing Assistance fund, formerly called the
8 Housing Stabilization Fund, was established by the Orange County Board of Commissioners in
9 2018 as part of the Risk Mitigation and Housing Displacement Fund in order to provide
10 emergency financial assistance to low-income residents of the County to help secure and
11 maintain stable housing; and,
12
13 WHEREAS, the Orange County Board of Commissioners has previously indicated its desire to
14 increase funding to the Emergency Housing Assistance fund in order to stabilize County
15 residents and the local housing market in the wake of the COVID-19 pandemic; and,
16
17 WHEREAS, the Commissioners have held two public hearings concerning the proposed
18 application for Community Development Block Grant funding to benefit the County's Emergency
19 Housing Assistance fund; and,
20
21 WHEREAS, the Commissioners wish the County to pursue a formal application for Community
22 Development Block Grant funding to benefit the Emergency Housing Assistance fund; and have
23 invested monies in the amount of eight hundred eighty thousand dollars ($880,000) from the
24 County's Coronavirus Relief Fund allocation into the project as committed to in the application.
25
26 WHEREAS, the Commissioners certify that the County will meet all federal regulatory and
27 statutory requirements of the State of North Carolina Community Development Block Grant
28 Program,
29
30 NOW, THEREFORE BE IT RESOLVED, by the Orange County Board of Commissioners that
31 Orange County is authorized to submit a formal application on behalf of Orange County to the
32 North Carolina Department of Commerce for approval of a Community Development Block
33 Grant to benefit the Emergency Housing Assistance fund.
34
35
36 Adopted this the 6th day of October, 2020 in Orange County, North Carolina.
37
38
39 Penny Rich, Chair
40 Orange County Board of Commissioners
41
42 ATTEST:
43
44 Clerk to the Board
45
46
47 A motion was made by Commissioner Greene, seconded by Commissioner McKee to
48 open the public hearing.
49
50 Roll call ensued
51
12
1 VOTE: UNANIMOUS
2
3 PUBLIC COMMENT:
4 NONE
5
6 Commissioner Dorosin asked if any thought has been given to those who do not have
7 access to the Internet in order to apply. He asked if these funds are being publicized. He asked
8 if the reduction in evictions is due to a moratorium on evictions, as opposed to actual progress.
9 Erika Brandt said those without Internet access can apply through the County's
10 coordinated entry system, which is being done by phone via the housing helpline. She said
11 hard copies are available at housing offices, with drop boxes available to return. She said
12 COVID has made this process trickier. She said the Department is also working with many
13 community partners to get the word out and help people complete applications.
14 Commissioner Dorosin said that is encouraging, and he suggested using churches as
15 another network to reach people. He asked if Orange Water and Sewer Authority (OWASA)
16 had been contacted as a possible partner.
17 Erika Brandt said OWASA, Hillsborough Water System and Duke Energy are partners,
18 but reaching out to churches is a great idea. She said the moratorium is a legitimate factor in
19 the reduction of evictions, and staff is looking into further analysis.
20 Chair Rich said housing staff has also been in contact with Delores Bailey at
21 EmPOWERment, who is being very helpful in getting the word out.
22
23 A motion was made by Commissioner Bedford, seconded by Commissioner Dorosin to
24 close the public hearing.
25
26 Roll call ensued
27
28 VOTE: UNANIMOUS
29
30 John Roberts said written comments can be submitted for 24 hours to
31 ocbocc@orangecountync.gov.
32
33 A motion was made by Commissioner Bedford, seconded by Commissioner Price to:
34
35 • Authorize the Department of Housing and Community Development to submit an
36 application for CDBG-CV funds on behalf of the County
37 • Authorize the Chair to sign the resolution approving Orange County to apply for CDBG
38 funds
39
40 Roll call ensued
41
42 VOTE: UNANIMOUS
43
44 Chair Rich said if a public comment comes in during the written public comment period,
45 the Board would revisit this vote.
46
47
48 6. Regular Agenda
49
50 The public comment period for items: 6-a, 6-b, 6-c, closed at 9:00 a.m. on September
51 24, 2020, and the BOCC will not accept any additional comment for these items.
13
1
2 a. Proposed Amendments to the Town of Hillsborough/Orange County Central
3 Orange Coordinated Area (COCA) Land Use Plan and to the Orange County
4 Comprehensive Plan Future Land Use Map (FLUM)
5
6 The Board considered voting to approve a resolution on a County-initiated request amending
7 the Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use
8 Plan, and the Orange County Comprehensive Plan Future Land Use Map (FLUM).
9
10 Tom Altieri, Comprehensive Planning Supervisor, said the order of the planning items
11 this evening is typical, especially when considering changes to land use plans and zoning in the
12 same geographies, in whole or part. He said this maintains consistency. He said the two
13 rezoning items do include such a statement of consistency. He said this practice was reversed
14 at September meetings, to allow the public the opportunity to speak. He said the public hearing
15 on RTLP was spread across two meetings to accommodate public comment. He said the land
16 use amendments this evening are not for RTLP, but rather an extension of a process started in
17 2017. He said the Planning Board, staff, and County Manager recommend approval of RTLP,
18 but approving the land use plans does not guarantee the approval of RTLP. He said if the
19 BOCC chooses not to approve the land use plans, it should do so because it no longer supports
20 the existing plan, rather than being opposed to RTLP. He reviewed the following information:
21
22 BACKGROUND: Orange County and the Town of Hillsborough have been discussing potential
23 expansion of the Hillsborough Economic Development area for several years as the County
24 continued work towards investing in a sewer"trunk line", south of Interstate 40 and west of Old
25 Highway 86, in accordance with its Capital Improvement Plan developed in 2012. With an eye
26 towards maximizing the use of the sewer line, there is interest in designating additional lands
27 that could be served via a "gravity sewer line" for non-residential purposes. In addition, Orange
28 County evaluates the amount of land available for economic development, and due to lands
29 being developed as the UNC Hospital and Durham Technical Community College over the last
30 few years, the limited supply in this area was considered for expansion.
31
32 At its June 6, 2017 meeting, the BOCC approved amendments to the Water and Sewer
33 Management, Planning, and Boundary Agreement (WASMPBA) to expand the Hillsborough
34 Primary Service Area. All parties have since approved the WASMPBA amendment, with the
35 Town of Hillsborough Board as the last party to approve it in October 2017. Because of
36 language included in the approval resolutions, the WASMPBA amendment is to become
37 effective when the joint land use plan is amended to reflect the expanded Urban Service Area
38 and assigned a future land use classification. Some of these background details, including
39 notice to the Board when the land use plan amendments would be forthcoming, were included
40 as an Information Item on the Board's June 16, 2020 agenda. The link to that Information Item
41 is: http://server3.co.orange.nc.us:8088/WebLink/0/doc/62679/Page1.aspx
42
43 In accordance with the provisions of Section 2.3 Comprehensive Plan Amendments of the
44 Unified Development Ordinance, the Planning Director has initiated amendments to the Central
45 Orange Coordinated Area (COCA) Land Use Plan and to the Orange County Comprehensive
46 Plan Future Land Use Map (FLUM) in the vicinity of the southern portion of the Hillsborough
47 Area Economic Development District. The amendments related to COCA affect 17 parcels (in
48 whole or part) encompassing 84 acres. The amendments related to the FLUM affect 20 parcels
49 (in whole or part) encompassing 89 acres. The COCA proposed land use category is Suburban
50 Office and the FLUM proposed category is Economic Development. These related amendments
14
1 are being proposed to prescribe the land uses that will be allowed in the expanded area for
2 Economic Development.
3
4 1. The Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA)
5 Land Use Plan is a joint land use document that defines the locations of future land
6 use categories to help achieve a desired and coordinated pattern of development
7 over time. The COCA Land Use Plan includes several urban-style land use
8 categories that are more specific than those provided in the County's
9 Comprehensive Plan, which covers a much larger geographic area. Implementation
10 of the COCA Land Use Plan is achieved through consistency with the County's
11 Comprehensive Plan Future Land Use Map, application of County zoning, and a
12 coordinated approach to rezoning. The amendment proposes a "Suburban Office
13 Complex" land use in the expansion area which would designate the area for office
14 and employment, businesses in a campus setting, and limited supporting services.
15 The proposed amendment also reflects the expansion of the Town's Urban Service
16 Boundary consistent with the WASMPBA to provide water and sewer service to the
17 area. As part of a joint land use plan, this amendment requires approval by the Town
18 of Hillsborough and Orange County. The Town of Hillsborough has already taken
19 action and unanimously approved the amendment as follows.
20
21 Town of Hillsborough Approval Process:
22 March 15, 2018 —Town Public Hearing and Planning Board recommendation
23 March 26, 2018 — Hillsborough Town Board adopted
24
25 2. The Orange County Comprehensive Plan Future Land Use Map (FLUM) defines the
26 location of future land use categories, consistent with any joint land use plans, and is
27 designed to accommodate a particular combination of general land uses. The FLUM
28 helps achieve a desired pattern of development over time and is implemented primarily
29 through zoning. The proposed amendment to this plan would change the expansion area
30 from a Rural Residential land use to an Economic Development Transition Activity Node,
31 which would designate the area for light industrial, distribution, office, service/retail uses,
32 and flex space (typically one-story buildings designed, constructed, and marketed as
33 suitable for use as offices but able to accommodate other uses such as a warehouse,
34 showroom, manufacturing assembly, or similar operations).
35
36 The County has not initiated any rezoning at this time. Currently, the area is zoned Rural
37 Residential (R-1). However, approximately 12-acres of a developer initiated and
38 proposed Research Triangle Logistics Park (RTLP) are located in the amendment area
39 discussed herein. Any rezoning that comes forward in the future will require a
40 subsequent item on a public hearing and finding that it is consistent with the plans.
41
42 Planning Board Recommendation: The Orange County Planning Board, at its August 5,
43 2020 regular meeting, voted 6-4 to recommend approval of the proposed amendments.
44 Clarification of the motion voted upon was deemed necessary and the Planning Board
45 considered a clarified motion at its special meeting on August 19, 2020 when the board
46 voted 6-4 to recommend approval of the amendments. Agenda materials from these
47 meetings can be viewed at: http://orangecountync.gov/AgendaCenter/Planning-Board-26
48
49 Public Hearing: A public hearing was opened on September 15, 2020 and continued
50 without public comment to September 22, 2020 so that all members of the public signed
51 up to speak on the RTLP proposal, a separate item on the agenda, would have
15
1 adequate opportunity to speak and be heard by the Board. At the September 22 hearing,
2 four (4) people spoke on this item.
3
4 Materials from the September 15 and 22 meetings are available at:
5 https://www.orangecountync.gov/1707/BOCC-Agendas.
6
7 Video from the September 22, 2020 meeting and public hearing on this item can be
8 accessed at: https://www.orangecountync.gov/967/Meeting-Videos.
9
10 In accordance with Session Law 2020-3 Section 4.31(a), regarding remote meetings
11 during declared emergencies, written comments were allowed to be sent for 24-hours
12 after the public hearing was closed. Comments sent to ocbocc _orangecountync.gov
13 are viewable at: https://groups.google.com/g/ocbocc?pli=1. The public comment period
14 closed at 9:OOAM on September 24, 2020. The BOCC will not accept any further public
15 comment.
16
17 A RTLP Frequently Asked Questions document, which includes a section on Land Use
18 and Zoning, was prepared in response to public comments and is available via the
19 following link: https://www.orangecountync.gov/DocumentCenter/View/12732/Final-
20 Research-Triangle-Logistics-Park-FAQ?bidld=
21
22 Planning Director's Recommendation: The Planning Director recommends approval of
23 the Resolution contained in Attachment 1, indicating consistency with the County's land
24 use and economic development goals. Text shown in the Resolution in "Track Changes"
25 format is new text that was not included in the version received by the Planning Board
26 and provides greater detail of the County's efforts, over time, to prepare additional area
27 for Economic Development purposes. Attachment 2 is a Memo from the County
28 Planning and Inspections Director that includes a Justification Outline for the proposed
29 plan amendments.
30
31
32 RES-2020-053
33 A RESOLUTION AMENDING THE
34 TOWN OF HILLSBOROUGH/ORANGE COUNTY CENTRAL ORANGE COORDINATED
35 AREA LAND USE PLAN
36 ORANGE COUNTY COMPREHENSIVE PLAN FUTURE LAND USE MAP
37
38 WHEREAS, Orange County has initiated amendments to the:
39 • Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use
40 Plan,
41 . Orange County Comprehensive Plan Future Land Use Map, as established in Section
42 1.7 of the Orange County Unified Development Ordinance (UDO), and
43
44 WHEREAS, the proposed amendment to the Town of Hillsborough/Orange County Central
45 Orange Coordinated Area Land Use Plan consists of the following:
46 Extend the Town's Urban Service Boundary for public water and sewer consistent with
47 previously approved Water and Sewer Management, Planning, and Boundary Agreement
48 amendment by all parties, and
16
1 Add the Suburban Office Complex Future Land Use Classification to all or portions of 17
2 parcels, totaling 84 acres, located on both sides of Old Highway 86, south of Interstate 40,
3 and
4
5 WHEREAS, the proposed amendment to the Orange County Comprehensive Plan Future
6 Land Use Map consists of the following:
7 • Amend all or portions of 20 parcels,totaling 89 acres, located on both sides of Old Highway
8 86, south of Interstate 40 from Rural Residential to Economic Development Transition.
9 Additionally, 1.64 acres of road right-of-way is included, and
10 • One overlay land use classification applies in this geographic area (Resource Protection
11 Area). No modifications are being proposed to the boundary, and
12
13 WHEREAS, the following parcels are affected by the Orange County Comprehensive Plan
14 Future Land Use Map amendment proposal:
15
Parcel Entire or Owner on Record Acreage
Identification Partial Parcel Proposed to
Number to be be Changed
PIN Changed?
LANDMARK MANAGEMENT PARTNERS
9862998894 Partial LLC 11.69
9872087570 Partial CHARLENE W HAMLETT 0.03
9872095945 Partial LARRY B LEE 1.64
THEODORE L BRYANT and BEVERLY N
9872098324 Partial BRYANT 7.45
9872183072 Partial JOE L JERNIGAN 0.02
THEODORE L BRYANT and BEVERLY N
9872187626 Partial BRYANT 7.98
9872188329 Partial JOE L JERNIGAN and VICKIE R JERNIGAN 1.87
9872191961 Entire JEANINE L DUKE and JAMES N POULOS 1.18
THEODORE L BRYANT and BEVERLY N
9872193459 Entire BRYANT 10.23
9872196844 Entire MICHAEL WILLIAM SUDYK 3.26
THEODORE L BRYANT and BEVERLY N
9872198336 Entire BRYANT 10.44
9872286360 Partial REA LANDCOM INC 0.04
THEODORE L BRYANT and BEVERLY A
9872286779 Partial BRYANT 0.59
THEODORE L BRYANT and BEVERLY N
9872292222 Entire BRYANT 10.18
THEODORE L BRYANT and BEVERLY N
9872298289 Partial BRYANT 7.99
9873007189 Entire JOHN JR BOXTER and SHANNON MARTIN 1.06
9873008345 Entire JOSEPH S SHORE and SARAH C SHORE 2.71
MICHAEL W SUDYK and GEORGE W
9873104230 Entire SUDYK 4.45
9873104310 Partial BEATRICE S BROOKS 0.72
9873108103 Entire MICHAEL WILLIAM SUDYK 3.51
16
17
1 WHEREAS,the approved Article 46'/4-Cent County Sales and Use Tax, effective in April 2012,
2 allocates 50% of the funds to Orange County Economic Development District initiatives including
3 infrastructure improvements in the Hillsborough EDD area, and
4
5 WHEREAS, Orange County and the Town of Hillsborough have been discussing potential
6 expansion of the Hillsborough Economic Development area for several years as the County continued
7 work towards investing in a sewer "trunk line", in accordance with its Capital Improvement Plan
8 developed in 2012, and
9
10 WHEREAS, the proposals have been found to be internally consistent with the 2030
11 Orange County Comprehensive Plan or part thereof including, but not limited to, the following:
12
13 Objective ED-1.5:
14 Identify barriers to development of desirable businesses and local businesses, and
15 mitigate these barriers.
16
17 Objective ED-2.1:
18 Encourage compact and higher density development in areas served by water and sewer.
19 (See also Land Use Objective LU-1.1 and Water and Wastewater Objective WW-5.)
20
21 Objective ED-2.5:
22 Identify lands suitable to accommodate the expansion and growth of commercial and
23 industrial uses in the County.
24
25 Obiective ED-2.7:
26 Select industrial sites in Economic Development Areas based on present and planned
27 supporting systems, such as public water and sewer, access to adequate highway, rail, or
28 public transportation infrastructures, and minimize detrimental environmental or negative
29 social outcomes. (See also Water and Wastewater Objective WW-15.)
30
31 Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth,
32 consistent with the provision of adequate services and facilities and a high quality of life.
33
34 Objective LU-1.1:
35 Coordinate the location of higher intensity / high density residential and non-residential
36 development with existing or planned locations of public transportation, commercial and
37 community services, and adequate supporting infrastructure (i.e., water and sewer, high-
38 speed internet access, streets, and sidewalks), while avoiding areas with protected natural
39 and cultural resources. This could be achieved by increasing allowable densities and
40 creating new mixed-use zoning districts where adequate public services are available.
41 (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and
42 Wastewater Objective WW-2.)
43
44 Land Use Goal 4: Land development regulations, guidelines, techniques and/or
45 incentives that promote the integrated achievement of all Comprehensive Plan goals,
46 and
47
48 WHEREAS, the requirements of Sections 2.3 of the Unified Development Ordinance
49 (UDO) has been deemed complete, and
50
18
1 NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Orange
2 County that the Town of Hillsborough/Orange County Central Orange Coordinated Area Land
3 Use Plan and Orange County Comprehensive Plan Future Land Use Map are hereby amended
4 as depicted on the attached maps.
5
6 Upon motion of Commissioner seconded by Commissioner
7 , the foregoing ordinance was adopted this day of
8 , 2020.
9 I, Greg Wilder, Interim Clerk to the Board of Commissioners for Orange County, DO
10 HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
11 Board at a meeting held on , 2020 as relates in any way to the
12 adoption of the foregoing and that said proceedings are recorded in the minutes of the said
13 Board.
14 WITNESS my hand and the seal of said County, this day of
15 2020.
16 SEAL
17
18 Interim Clerk to the Board of Commissioners
19
20 Commissioner Price referred to the suburban style land use, and asked if this will affect
21 the height of buildings.
22 Tom Altieri said no, and height limitations are addressed in the County's Unified
23 Development Ordinance (UDO).
24 Commissioner Price said she is still concerned that staff is saying this has nothing to do
25 with RTLP, as it clearly does in her mind. She said she is most concerned about the 12 acres
26 being used as industrial/suburban office, etc.
27 Tom Altieri said the recommendation is for the suburban office category, which is
28 applicable to the COCA, and in regards to the County's FLUM, the recommendation is
29 economic development transition. He said the two plans work together to inform any rezoning
30 that would occur in the area.
31 Commissioner Dorosin said these maps really illustrate a critical problem with many
32 County maps. He said parcels are divided in different zonings and uses, and it is important to
33 look at the boundaries of these areas and clean them up. He said every time one of these
34 issues come up, it adds a complicating wrinkle that parcels have multiple designations on them.
35 He said it is not fair to landowners, and it undermines the long range planning process.
36 Commissioner McKee asked if Tom Altieri could restate his comments about agenda
37 items "b" and "c".
38 Tom Altieri said this set of land use amendments was originated in 2017, and this
39 evening will conclude this process. He said if the BOCC chooses not to approve the land use
40 amendments, it should do so not based on RTLP, but rather because it believes the area is not
41 suitable for public water and sewer services. He said if the BOCC does approve these land use
42 amendments, it could still make the decision to deny approval of RTLP.
19
1 Commissioner McKee said this process has been going on for 3 years, which is long
2 before RTLP came into view.
3 Commissioner Greene said Commissioner McKee beat her to the point, and these are
4 very clearly separate items.
5 Chair Rich said the Town of Hillsborough approved this plan in March 2018.
6
7 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to
8 approve the resolution amending the COCA Land Use Plan and the Orange County
9 Comprehensive Plan FLUM.
10
11 Roll call ensued
12
13 VOTE: UNANMIOUS
14
15 b. Zoning Atlas Amendment— Parcels off Old NC Highway 86 (District 2 of Settlers
16 Point MPD-CZ)
17
18 The Board considered voting to approve the Statement of Consistency and the
19 Ordinance Amending the Zoning Atlas.
20
21 Michael Harvey, Current Planning Supervisor, reviewed the following:
22
23 BACKGROUND: A public hearing was opened on September 15, 2020 and continued without
24 public comment to September 22, 2020 so that all members of the public signed up to speak on
25 the RTLP proposal, a separate item on the agenda, would have adequate opportunity to speak
26 and be heard by the Board. No one spoke on this item at the September 22 meeting.
27
28 Materials from the public hearing are available at:
29 http://server3.co.orange.nc.us:8088/weblink/0/doc/49647/Pagel.aspx.
30
31 Video from the September 22, 2020 meeting can be accessed at:
32 https://www.orangecountync.gov/967/Meeting-Videos.
33
34 In accordance with Session Law 2020-3 Section 4.31(a), regarding remote meetings during
35 declared emergencies, written comments were allowed to be sent for 24-hours after the public
36 hearing was closed.
37
38 Interested parties were told so submit comments via e-mail, or in writing to the Planning
39 Department office at 131 West Margaret Lane in downtown Hillsborough, by 9:00 a.m.
40 September 24, 2020.
41
42 No written comments were received at the Planning Department office by the deadline. All
43 comments sent to ocbocc@orangecountync.gov on this proposal are viewable at:
44 https://groups.google.com/g/ocbocc.
45
46 As staff indicated during the public hearing, a developer has proposed a new MPD-CZ district
47 involving 2 parcels associated with the previously approved MPD-CZ (Settlers Point). Staff has
48 determined the remaining 8 parcels will have difficulty complying with the MPD-CZ development
49 standards as approved in 2018 with the elimination of these 2 parcels. In order to ensure these
50 8 parcels have development potential, staff recommends they be rezoned as follows:
51
20
1 1. Rezone parcels (PINs: 9873-11-4636, 9873-11-7506, 9873-11-5415, 9873-11-9450,
2 9873-11-7247, and 9873-10-7937), labeled as number(s) 3, 4, 5, 6, 7 and 8 on the map
3 above:
4 FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point
5 and Major Transportation Corridor (MTC) Overlay District.
6 TO: Economic Development Hillsborough Limited Office (EDH-2) and Major
7 Transportation Corridor (MTC) Overlay District.
8 2. Rezone parcel (PIN 9873-10-4310), labeled as number 10 on the map above:
9 FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point,
10 Major Transportation Corridor (MTC) Overlay District, Rural Residential (R-1).
11 TO: Economic Development Hillsborough Limited Office (EDH-2), Major
12 Transportation Corridor (MTC) Overlay District, Rural Residential (R-1).
13 3. Rezone parcel (PIN 9873-20-2388), labeled as number 9 on the map above:
14 FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point
15 and Major Transportation Corridor (MTC) Overlay District.
16 TO: Economic Development Hillsborough Office/Retail (EDH-4) and Major
17 Transportation Corridor (MTC) Overlay District.
18 Staff's proposal will return these 8 properties back to their original zoning designation in place
19 prior to the approval of the MPD-CZ.
20
21 Planning Board Recommendation: At its August 5, 2020 regular meeting, the Planning Board
22 voted unanimously to recommend approval of the Statement of Consistency (Attachment 3)
23 and the proposed Zoning Atlas Amendment (Attachment 4) as proposed by staff.
24
25 Excerpts of the minutes from this meeting, as well as the Board's signed statement of
26 consistency, are included in https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
27 Attachment 2. Agenda materials from the meeting can be viewed at:
28
29 Planning Director's Recommendation: As required under Section 2.8.5 of the Unified
30 Development Ordinance (UDO) the Planning Director shall: '... cause an analysis to be made of
31 the application and, based upon that analysis, prepare a recommendation for consideration'.
32 The Director has determined the proposed atlas amendments are necessary to ensure each
33 parcel has development option(s) and that rezoning said parcels back to their original zoning
34 designation is consistent with the goals and policies of the adopted Comprehensive Plan. As a
35 result, the Director recommends approval of the Statement of Consistency, indicating the
36 amendments are reasonable and in the public interest, contained in Attachment 3 and the
37 proposed zoning atlas amendment ordinance contained in Attachment 4.
38
39
40
41
42
43
44
45
46
21
1 Attachment 3
2
3 STATEMENT OF CONSISTENCY
4 OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE MAP AMENDMENT
5 WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
6
7 A Planning Director initiated amendment to the Zoning Atlas to rezone 8 parcels as follows:
8 Lot Parcel Township Owner Of Current Z1Dni tg ❑ishict Proposed Zoning District
Number Identification Record
9 Number{PINJ
10 2673-1 1-46313 Hillsborough Michael Dodson Master Plan Development Economic Development
1 1 Conditional Zoning (MPD-CZ) Hillsboraugh Limited Office
12 Sealers 'oint; (EDH-2)
13 Major Transportation Canidar Majar Trans portatianCDrridar
(MTC)Overlay District (MTC)Overlay District-
14
15 - g673-11-7i5Or3 Hillsborough Michael Dodson Master Plan Development Economic Development
Conditional Zoning (MPD-CZ) Hillshoraugh Limited Office
16 Sealers Point; (EDH-2)
17 Major Transportation Canidar Majar Trans portatianCDrridar
18 (IVITC)Overlay District (MTC)Overlay District-
19 9J37 11Z415 Hillsborough Michael Dodson Master Plan Development Economic Development
20 Conditional Zoning (MPD-CZ) Hillsborough Limited Office
21 Sealers Point; (EDH-2)
22 Major Transportation Canidar Majar Trans portatianCDrridar
(fv1TC)Overlay District (MTC)Overlay District-
23
24 4 d4-S-1.445D Hillsborough Paul Dodson Master Plan Development Economic Development
Conditional Zoning (MPD-CZ) Hillsborough Limited Office
25 Sealers?oint; (EDH-2)
26 Major Transportation Ccnidar MajarTransportatianCDrridar
27 (MTC)Overlay District (MTC)Overlay Dustrict-
28 idB73-11-7247 Hillsborough Cathy Fuquay Master Plan Development Economic Development
29 Conditional Zoning (MPD-CZ) Allsboraugh Limited Office
Cynthia Bessoir SetJem 'oint; (EDH-2)
30
31 Major Transportation Canidar MajarTransportatianCDrridar
(MTC)Overlay District (MTC)Overlay District-
32
33 PJ373-10-7937 Hillsborough Steven and Master Plan Development Economic Development
Jesse Kaufman Conditional Zoning (MPD-CZ) Hilshoraugh Limited Office
34 Sealers Point; (EDH-2)
35 Major Transportation Canidcr Majar Trans portatianCDrridar
36 (MTC)Overlay District (MTC)Overlay District-
37
38 - ga73-10-431D Hillsborough Beatrice Brooks Master Plan Development Economic Development
Conditional Zoning (MPD-CZ) Hillsborough Limited Office
39 Sealers Point; (EDH-2)
40 Major Transportation Canidar Majcr Trans portaticnCDrridcr
41 (fu1TC)Overlay District (MTC)Overlay District-
42 Rural Residential(R-1) Rural Residential(R-1)
43 = ea73�-20-2389 Hillsborough Robert and Mas:er Plan Development Economic Development
44 Lucille Ayers Conditional Zoning (MPD-CZ) Hillsborough OfficelRetail
45 ETAL Settlers Point; (EDH-4)
46 Major Transportation Canidcr Majar Trans portatic n C Drridc r
47 (MTC)Overlay District (MTC)Overlay District-
48
49
50
51
22
1
2 The BOCC finds:
3 a- The requirements of Section 2.B of the UDO have been deemed complete-, and,
4 b- Pursuant to sections 1-1-5, and 1.1.7 of the UDO and to Section 153A-341 of the
5 North Carolina General statutes, the Board finds sufficient documentation within
6 the record denoting that the amendment is consistent with the adopted 2030
7 Comprehensive Plan.
8 1- The amendment is consistent with applicable plans because it supports the
9 following 2030 Comprehensive Plan goals and objectives:
10 Objective ED-1.5:
11
12 Identfi}barnersto development of desirable businesses and local businesses,and
13 mitigate these barriers.
14 The atlas amendment is consistent with this goal and objective as it
15 eliminates the need for the parcels to comply with development criteria
associated with a previously approved Master Plan Development
16 Conditional Zoning(MPD-CZ) district. This district, commonly referred to as
17 Settlers Point, is being modified- These 8 parcels will have difficulty meeting
18 established development conditionsfslandards due to the proposed
19 modification. By rezoning these parcels, the County will be providing
20 opportunities for each lot to be developed consistent with applicable County
land use standards as embodied within the UDO.
21
22 c- The amendment is reasonable and in the public interest because it:
23 1- Modifies existing non-residential zoning designations in an effort to provide
24 each property owner with an opportunitylpath forward for the reasonable
25 development of their pmpettY-
26
27 The Board of County Commissioners hereby adopts this statement of Consistency and
28 findings expressed herein-
29
30
31
32 Penny Rich,Chair Date
33
34
35
36
37
38
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40
41
42
43
44
45
46
47
48
49
50
51
23
1
2 attachment 4 16
3
4 Ordnance#:OAD-20'0-022
5 AN ORDINANCE AMENDING
6 THE ORANGE COUNTY ZONING ATLAS
7 WHEREAS, Orange County has initiated amendments to the Orange County Zoning Atlas, as
8 established in Section 1.2 of the Orange County Unified Development Ordinance(UDO),and
9
10 WHEREAS,the proposed rezoning consists of the following:
1 1 Lot Parcel Township Owner of Current Zoning District Proposed Zoning District
12 Number Identification Re-cord
Humber{PIN}
13 91373-1'-4530 Hillsborough Michael Dodson Masker Plan Development Economic Development
14 Con d itional Zoning (MPD-CZ) Hillsborough Limited Office
15 Settlers Point; (EDH-2)
16 Major Transportation Ccmdor Major Trans portatio n C Drridc r
17 (MTC)Overlay District (MTC)Overlay District_
18 = 9873-11-7a4d Hillsborough Michael Dodson Master Plan Development ECDnomIC Development
19 Con d itional Zon ing (MPD-CZ) Hillsborough Limited Office
Settlers Point: (EDH-2)
20 Major Transportation Ccmdor Major Trans portatio n C Drrido r
21 (MTC)Overlay District (MTC)Overlay District-
22 3 9873-11Z415 Hillsborough Michael Dodson Master Plan Development Economic Development
23 Con d itiona I Zoning (MPD-CZ) Hillsborough Limited Office
24 Settlers Doint; (EDH-2)
25 Major Transportation Camdor Major Trans portatia n C Drridc r
(MTC)Overlay Disvicr (MTC)Overlay District.
26
27 4 9873-11-945D Hillsborough Paul Dodson Master Plan Development Economic Development
28 Con ditionalZoning (MPD-CZ) Hillsborough Limited Office
Settlers Point; (EDH-2)
29 Major Transportation Ccmdor hlajor Trans portationCDrridor
30 (MTC)Overlay District (M rC)Overlay District.
31 5 9873-11-7247 Hillsborough Cathy Fuquay Master Plan Development Economic Development
32 Cynthia Bessolr Con d itional Zoning (MPD-CZ) Hillsborough Limited Office
33 Settlers Point; (EDH-2)
34 Major Transportation Co mdo r Major Transportation C Dnldar
(MTC)Overlay District (MTC)Overlay District
35
36 8 DE73-10-7937 Hillsborough Steven and Master Plan Development Economic Development
Jesse Kaufman Con d itiona I Zoning (MPD-CZ) Hillsborough Limited Office
37 Settlers'pint; (EDH-2)
38 Major Transportation Corridor Major Trans portationCDrridar
39 (MTC)Overlay District (MTC)Overlay District-
40
41 7 9873-10-431D Hillsborough Beatrice Brooks Master Plan Development Economic Development
Con d itional Zoning (MPD-CZ) Hllsborough Limited Office
42 Settlers Point; (EDH-2)
43 Major Transportation Ccmdor Major Trans portatia n C Drrido r
44 (MTC)Overlay District (MTC)Overlay District.
45 Rural Residential(R-1) Rural Residential(R-1)
46 1
47
48
49
50
51
24
2 8 9873-20-2389 Hillsborough Robert and Masker Plan Development Economic Development
3 Lucille Ayers Conditional Zoning (MPD-CZ) Hillsborough OPFiceiRetai1
4 ETAL Settlers Point; (EDH-4)
5 Major TransportatianCanidar Major TransportatianCorridor
6 (MTC)Overlay District (MTC)Overlay District.
7 WHEREAS, the proposal has been found to be consistent with the 2030 Orange County
8 Comprehensive Plan, and
9
10 WHEREAS,the requirements of Section 2.B of the UDO have been deemed complete,and
11 WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably
12 necessary to promote the public health, safety, and general welfare.
13
14 BE IT ORDAINED by the Board of Commissioners of orange county that the Orange County
15 Zoning Atlas is hereby amended to rezone the areas desc6bed above and depicted on the attached
16 maps.
17 BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances
18 and that this ordinance is effective upon its adoption.
19
20 Upon motion of commissioner seconded by Commissioner
21 , the foregoing ordinance was adopted this day of
22 . 2020.
23
24 I, Greg Wilder, Interim Clerk to the Board of commissioners for Orange County, DO HEREBY
25 CERTI FY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting
26
27 held on 2020 as relates in any way to the adoption of the foregoing and
28
29 that said proceedings are recorded in the minutes of the said Board.
30
31
32 WITNESS my hand and the seal of said county, this day of 12020.
33
34
35 SEAL
36 Interim clerk to the Board of Commissioners
37
38
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40
41
42 Commissioner McKee asked if one motion could be made to approve both the statement
43 of consistency and the ordinance amending the zoning atlas.
44 John Roberts said he would prefer the motions be separate.
45 Commissioner Dorosin referred to the map on page 40 (electronic version), and said
46 there is a strip of land between number 5 and 6, and another cut out between 6 and 7, and
47 asked if those two parcels are part of the EDH2.
48 Michael Harvey said those two parcels are zoned EDH2
49
50 A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos
51 to approve the Statement of Consistency.
25
1
2 Roll call ensued.
3
4 VOTE: UNANMIOUS
5
6 A motion was made by Commissioner McKee, seconded by Commissioner Bedford to
7 approve the Ordinance Amending the Zoning Atlas.
8
9 Roll call ensued
10
11 VOTE: UNANMIOUS
12
13 c. Zoning Atlas Amendment— Master Plan Development Conditional Zoning District
14 (MPD-CZ) for the Research Triangle Logistics Park (RTLP)
15
16 Michael Harvey reviewed the following information:
17
18 PURPOSE: To continue review and discussion on an applicant initiated Zoning Atlas
19 Amendments for 3 parcels west of Old NC Highway 86/south of Interstate 40 to Master Plan
20 Development Conditional Zoning (MPD-CZ) district.
21
22 Specifically, the Board will be finalizing on an application submitted by Terra Equity Incorporated
23 to rezone parcels within PIN numbers 9863-71-8857, 9863-91-6573, and 9862-99-8894:
24 FROM: MPD-CZ (Settlers Point), Major Transportation Corridor (MTC) Overlay
25 District, Rural Residential (R-1), and Rural Buffer (RB).
26 TO: MPD-CZ (Research Triangle Logistics Park), Major Transportation Corridor
27 (MTC) Overlay District, Rural Buffer (RB).
28 NOTE: As indicated at the public hearing, approximately 26,000 sq.ft. of
29 property (PIN 9862-99-8894) shall remain zoned RB and will remain in
30 open space.
31
32 As a general reminder the public comment period for this item closed at 9:00 a.m. on
33 September 24, 2020. The BOCC will not be accepting any further public comment on this item.
34
35 As the Board is aware, staff has recommended the imposition of several conditions designed to
36 address the impacts of the project as well as address some of the concerns expressed by the
37 general public. These conditions must mutually be agreed to by the applicant. At the writing of
38 this abstract, staff and the applicant are still working to finalize various conditions.
39
40 BACKGROUND: Review of this item began at the BOCC's September 15, 2020 BOCC regular
41 meeting and concluded with the closure of the public hearing on September 22, 2020. Agenda
42 materials from the public hearing can be accessed at:
43 http://server3.co.orange.nc.us:8088/WebLink/Browse.aspx?startid=61357&row=1&dbid=0.
44
45 Video from the September 15 and 22, 2020 meetings can be accessed at:
46 https://www.orangecountync.gov/967/Meeting-Videos.
47
48 Approximately 100 people spoke on this item over the course of the two public hearing dates. In
49 accordance with Session Law 2020-3 Section 4.31(a), regarding remote meetings during
50 declared emergencies, written comments were allowed to be sent for 24-hours after the public
51 hearing was closed. Interested parties were told so submit comments via e-mail, or in writing to
26
1 the Planning Department office at 131 West Margaret Lane in downtown Hillsborough, by 9:00
2 a.m. September 24, 2020.
3
4 No written comments were received at the Planning Department office by the deadline. All
5 comments sent to ocbocc@orangecountync.gov on this proposal are viewable at:
6 https://groups.google.com/g/ocbocc.
7
8 Proposal: The applicant is proposing to rezone the 3 identified parcels to a new MPD-CZ district
9 allowing for the development of a new master planned project, referred to as the Research
10 Triangle Logistics Park (RTLP) summarized as follows:
11
12
13 1. Construction of approximately 2,400,000 sq.ft. of building area supporting non-
14 residential development and preserve 41 acres (25%) of land as open space.
15 2. Permitted land uses within the new MPD-CZ district would include: a. Health
16 technology,
17 b. Information sciences and engineering,
18 c. Advanced and light manufacturing,
19 d. Scientific research and laboratories,
20 e. Logistics/supply operations,
21 f. Warehousing and supply chain fulfillment services.
22
23 The applicant has also provided a list of land uses that would be strictly
24 prohibited within the new district;
25 3. Vehicular access would be through Service Road, running parallel with Interstate 40,
26 and Davis Road;
27 4. Buildings would observe a 6 story height limit consistent with County regulations.
28 Accessory structures (i.e. water tower, telecommunication tower, etc.) may be higher.
29 5. The applicant is proposing imposition of development and design standards (i.e.
30 architectural design, signage, internal and external setback limits, height limits,
31 landscaping/buffer standards, outdoor lighting standards, erosion control/stormwater,
32 etc.) governing overall development of the project if the MPD-CZ district is approved by
33 the County.
34
35 During the public hearing several concern(s) were expressed over the project, summarized as
36 follows:
37
38
39 a. Proposed development is too intensive for the 161 acres of land (i.e. over 2,400,00
40 sq.ft. of building area cannot be accommodated on the 3 parcels);
41 b. Proposed land uses are not in harmony with surrounding property;
42 c. The applicant has not provided sufficient details on proposed land uses. Local
43 residents have expressed concern(s) they will not have a voice is recommending denial
44 of specific tenants;
45 d. Action on the application will result in illegal spot zoning subjecting the County to a
46 court challenge. Specifically the parcel along Davis Road is within the Rural Residential
47 land use category, as defined in the County's Comprehensive Plan, and was never
48 intended to support high intensity economic development projects;
49 e. The request is inconsistent with various goals and policies of the adopted 2020
50 Comprehensive Plan including but not limited to:
27
1 i. Allow for intensive non-residential development in an area of the county
2 designated as a rural and/or protected area,
3 ii. Will not result in adequate protection of the natural environment,
4 iii. Will not be in harmony with surrounding land uses.
5
6 f. Will negatively impact rural neighborhoods in and around Davis Road due to the
7 proposed driveway allowing vehicular access to and from the development. The
8 driveway will generate too much traffic on the road creating a public safety hazard.
9 Further, commercial vehicles will make use of existing, rural roadways (i.e. Old NC
10 Highway 86, New Hope Church Road, Orange Grove Road);
11 g. The project does not provide enough protection for existing environmental features
12 (i.e. streams, floodplains, and identified hardwood forests), will have a negative impact
13 on Cates Creek, and will impair the health of the Eno River;
14 h. Development will negatively impact and displace local wildlife;
15 i. Insufficient safeguards are proposed addressing stormwater runoff and impacts on
16 adjacent property owners;
17 j. Development of buildings with a maximum height limit of 60 feet will dominate the local
18 landscape;
19 k. Truck traffic will create health hazards for residents due to increases in diesel
20 exhaust/fumes. Further, noise created by these trucks will negatively impact local
21 residents and will constitute violation(s) of applicable noise regulations;
22 I. The applicant has been inconsistent in the number of jobs the project will generate;
23 m. The submitted traffic impact analysis is contradictory with the application narrative.
24
25 As previous indicated, there are numerous recommended conditions designed to address the
26 anticipated impacts of the project.
27
28 Planning Board Recommendation: The Planning Board reviewed this item on August 5 and 19,
29 2020. The Board voted 6 to 4 to recommend approval of the Statement of Consistency
30 (Attachment 2) and the proposed Zoning Atlas Amendment (Attachment 3) as proposed by staff.
31 Those voting against the project cited the following concerns:
32 a. The Board wanted the applicant to provide the specific tenants (i.e. names,
33 operational characteristics, etc.) within the project for `review and approval' prior to
34 action being taken on the zoning atlas amendment request;
35 b. Board members expressed concern over anticipated traffic impacts on Davis Road;
36 c. The project was deemed to be too intensive for the area.
37
38 Excerpts of the minutes from these meetings, as well as the Board's signed statement of
39 consistency, are included in Attachment 1. Agenda materials from the meetings can be viewed
40 at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
41
42
43 Planning Director's Recommendation: The Planning Director recommends approval of the:
44 1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable
45 and in the public interest as contained in Attachment 2.
46
47 STAFF COMMENT: This presumes the land use designation of the 12 acre
48 parcel (PIN 9862-99-8894) is changed from Rural Residential to Economic
49 Development Transition Activity Node as detailed herein. If the aforementioned
50 FLUM is not approved, the staff recommendation will have to be revised.
28
1 2. Ordinance amending the Zoning Atlas, as well as imposing development conditions, for
2 the identified parcels as contained in Attachment 3.
3
4 Effect of Denial or Withdrawal: In the event the rezoning application is denied or withdrawn, it
5 should be noted that Section 2.2.8 of the UDO states that no application for the same or similar
6 amendment, affecting the same property or portion thereof, may be submitted for a period of
7 one year. The one year period begins on the date of denial or withdrawal.
8
9 RECOMMENDATION: In the absence of the applicant formally accepting recommended
10 conditions, the Manager recommended the Board continue to review/discuss the project and
11 review imposition of additional conditions.
12
13 If the applicant accepts the imposition of recommended conditions, in writing, by the October 6,
14 2020 meeting the BOCC can approve the Statement of Consistency (Attachment 2), and the
15 Ordinance Amending the Zoning Atlas (Attachment 3).
16
17 Commissioner Price asked if the Town of Hillsborough plans to annex this site.
18 Michael Harvey said there is no plan to annex this property based on the approval of this
19 plan. He said if the site goes over the daily water allotment, then the Town may require
20 annexation as a condition of any additional water and sewer.
21 Commissioner Price asked if the fire department has enough equipment to handle
22 buildings that are over five stories high.
23 Michael Harvey said yes, and the buildings will have to have sprinkler systems
24 throughout, in accordance with state building code.
25 Commissioner Price asked if these buildings will place a greater burden on the fire
26 department.
27 Michael Harvey said this question was asked, and the answer was that it will not have an
28 impact on fire provision and service.
29 Commissioner McKee referred to page 52, section b-1, second paragraph, and said the
30 language is confusing.
31 Michael Harvey said the height limit is 60 feet for the project at large, and those
32 structures fronting Davis Road shall not exceed 40 feet in height. He said there was a repetition
33 of words by mistake, which he corrected.
34 Commissioner Price said she is concerned about the language of"fronting on Davis
35 Road," and asked what will happen if the front of the building is on an inside road.
36 Michael Harvey said if a building has frontage on Davis Road, even if the front entrance
37 is on an internal street, the height will not be able to exceed 40 feet. He said this language is
38 from the Applicant, and it may be best to speak with them on this matter.
39 Commissioner Price said the County could insure this condition.
40 Commissioner Greene asked Michael Harvey if he could read the second paragraph
41 under"b" the way it is meant to be written.
42 Michael Harvey said the statement should read "no structure shall be erected fronting
43 Davis Road which exceeds 40 ft. in height, above the highest elevation of the adjoining portion
44 of Davis Road, as measured to the roof deck of the building."
45 Commissioner Greene asked if"the highest elevation of the adjoining portion of Davis
46 Road" could be clarified.
47 Michael Harvey said the Applicant is trying to articulate the fact that parts of Davis Road
48 have higher elevation than the property. He said the goal is trying to avoid an arbitrary 40-foot
49 height limit when the land itself goes up and down.
50 Commissioner Greene said now she is even more confused. She said at first reading
51 she was worried the measurement would be from the highest portion of Davis Road, which
29
1 could be at a higher grade level than the property, and lead to buildings being higher than 40
2 feet. She said she would prefer it to read that buildings cannot exceed 40 feet starting at grade
3 level wherever the building is built.
4 Michael Harvey said it would be best to ask this question of the Applicant. He said he
5 reads the language as a way for the Applicant to address the fact that portions of Davis Road
6 are at a higher elevation than the property. He said the Applicant will take the measurement
7 from the highest portion of the adjoining Davis Road property to the roof deck of the building.
8 Commissioner Greene said so the building could exceed 40 feet.
9 Michael Harvey said yes, but it would not exceed 40 from under the guise of measuring
10 at Davis Road. He said if the property is 10 feet lower, then the building could be 50 feet, but
11 fronting Davis Road, there will be no buildings higher than 40 feet.
12 Commissioner Greene said this is a conversation she would like to have with the
13 Developer.
14 Commissioner Marcoplos said the Board should have a conversation with the
15 Developer. He said the overall development should be 40 feet high, as opposed to use a
16 geographical feature near by to raise the height of the buildings. He said there could be a
17 central measuring point that is used for the 40-foot height limit.
18 Commissioner McKee said he appreciated Commissioner Greene's comments and
19 remarks about asking the developer. He said he sees this wording as a way to achieve a 50 or
20 60-foot fagade on Davis Road.
21 Commissioner Price referred to the setbacks, and asked if follow up discussion needs to
22 be had with the Developer.
23 Michael Harvey said yes.
24 Commissioner Price said the County has put in setbacks to protect green space, and
25 asked if there is reasoning behind the developer reducing the setbacks.
26 Michael Harvey said it would be best to talk to the Applicant.
27 Commissioner Dorosin referred to page 54, point IV-d, and asked if staff could clarify its
28 purpose.
29 Michael Harvey said the rationale for the extension is to allow for additional service on
30 adjoining parcels, and potentially develop a true service road going west. He said it is part of
31 County's efforts to spread connectivity.
32 Commissioner Price referred to page 55, item n, and said there was so much discussion
33 about Davis Road, but the Applicant seems to want to keep Davis Road as a part of the plan.
34 Michael Harvey said the Applicant has put in conditions to mitigate concerns about Davis
35 Road, but he suggests the Board discuss this further with the Applicant. He said the Applicant
36 believes the concerns can be addressed with a Davis Road driveway.
37 Commissioner Greene referred to page 55, item p, and said she thought once the road
38 was saturated with the trucks there would be two left turn lanes, but rather it seems a second
39 access onto 86 would be needed. She asked if there is a plan in place, should the second
40 access not be possible. She asked if development would not be able to expand.
41 Michael Harvey said the intent of the condition is to show that the Applicant has worked
42 with all involved to preserve a left turn from the service road onto 86. He said the time may
43 come that the left turn may become untenable, and if so, the Applicant would have to find an
44 alternative access point to allow traffic to turn left onto old 86.
45 Commissioner Greene said she still does not see what happens if the second access
46 point cannot be secured.
47 Michael Harvey said if the second access point cannot be secured, then the
48 development that necessitated it in the first place would not be allowed to proceed.
49 Commissioner Marcoplos said there is no language about traffic stopping while pursuing
50 the second access point.
30
1 Michael Harvey said site plans would have to be approved, and staff would not approve
2 a project that failed to allow traffic to go left. He said it is conceivable that the Applicant will
3 proceed with improvements that would make these issues moot.
4 Commissioner Marcoplos said this is all somewhat hypothetical, and development would
5 not proceed if it was unsafe.
6 Michael Harvey said yes. He said an updated TIA may make this a moot point.
7 Commissioner Marcoplos said it begs the question of why not find a safer access point
8 now.
9 Michael Harvey said the Applicant has looked at various options, and have found no
10 alternate access point. He said if the project is approved, that may motivate landowners to sell.
11 Commissioner Bedford said if the Applicant will still proceed with a light at Davis and Old
12 86 if the left turn out of the access road is approved.
13 Michael Harvey said yes.
14 Commissioner Greene referred to page 58, item A, and asked if the wording
15 "substantially" could be explained.
16 Michael Harvey said that is a question for the Applicant.
17 Chair Rich referred to page 58, item xiv, and asked if the percentage of these buildings
18 that will be operated 24/7 is known. She said motion detector lights are not necessary if
19 buildings are closed.
20 Michael Harvey said the application does not get into that level of detail, but there are no
21 regulatory standards establishing hours of operation.
22 Commissioner Bedford referred to page 60, and asked if regulations require trees be
23 native, non-invasive species.
24 Michael Harvey said yes, current regulations require drought resistant, native, non-
25 invasive species. He said the Applicant will have to abide by those standards.
26 Commissioner Marcoplos referred to page 67, item Vill-a, and asked if there is anything
27 else in the UDO that provides protection.
28 Michael Harvey said there are stream buffers in place, and the Applicant will not install
29 anything within 30 feet of the buffer, which is more restrictive than code currently requires.
30 Michael Harvey concluded his comments, and suggested the Board of County
31 Commissioners (BOCC) hear from the Applicant.
32 Commissioner Marcoplos suggested going through the zoning atlas amendment page by
33 page with the Applicant.
34 Michael Birch said the first question raised was about building heights. He said based
35 on the comments received by the BOCC tonight, the buildings will have a maximum of 40 feet of
36 height from the finished floor to the roof deck, and those measurements are not in relationship
37 to Davis Road.
38 Commissioner Greene thanked the Applicant for this concession, but said she has
39 additional concerns. She said 40 feet is too tall for a transitional area. She said she was told
40 last time that those parcels labeled suburban on the map are meant to be transitional areas.
41 She said 40 foot tall buildings may be appropriate in suburban Charlotte, but they are not in
42 suburban Hillsborough. She said she would like to see provision around buildings that it be
43 stepped back, so that it has character.
44 Michael Birch said the Applicant does have a 100-foot wide vegetative buffer along both
45 property lines, as well as Davis Road. He said 40 feet is close to a residential home with three
46 stories, or a suburban apartment building exceeds 40 feet. He said the building will be well
47 screened, especially from Davis Road.
48 Commissioner Greene asked if a 40-foot building is a typical number of stories.
49 Michael Birch said an industrial building would be one story at 40 feet, so there is not a
50 natural area for a set back.
51 Commissioner Greene asked if offices would be a part of the building.
31
1 Michael Birch said offices are on the same main floor.
2 Commissioner Price asked if there is a plan in place for buildings that have a front door
3 on an internal street.
4 Michael Birch said the intent of the wording is for the buildings that are closest to Davis
5 Road, not so much that the building's front faces Davis Road.
6 Commissioner Price said she is concerned about the height of the building, depending
7 on how the land is graded.
8 Michael Birch said the Applicant had the same concern, and attempted to mitigate this
9 with language about heights near Davis Road. He said the building will be sitting in a hole
10 relative to Davis Road.
11 Commissioner Price asked if this will be a warehouse or a suburban office building.
12 Michael Birch said he does not anticipate this being a multistory office building.
13 Commissioner Price asked if the facility would be more of a warehouse
14 Michael Birch said there are architectural examples in the Applicant's materials. He said
15 it will not look like a typical warehouse, nor will it look like a standard, storied office building.
16 Commissioner McKee asked if the Applicant could explain how it arrived at the particular
17 language related to the height section, as he finds it to be a way to get past the 40-foot height
18 requirement.
19 Michael Birch said the wording was developed based on the Applicant's interpretation of
20 the Board's comments. He said the Applicant worked with staff to focus on the views that will
21 be seen from Davis Road. He said the Applicant capped the height at 40 feet at Davis Road,
22 because buildings behind it will not be visible, as the land is lower there.
23 Commissioner McKee said he brought up the concern of seeing a 60-foot structure from
24 Davis Road. He asked if the Applicant is purporting that one will see the top 40 feet of the
25 building from Davis Road, but not the bottom 20 feet as the elevation is lower.
26 Michael Birch said there is 100 feet from the right of way of Davis Road that is vegetated
27 into the site. He said this will largely screen the building. He said the Applicant may have
28 misunderstood, and is now proposing that the cap be 40 feet, and not be relative to Davis Road.
29 Commissioner McKee said this convoluted language was off putting. He said the
30 accommodation was made by changing the language to 40 feet, and would have been simpler
31 to just make this change in the first place. He said a 100 foot buffer is not as effective as one
32 may hope.
33 Michael Birch said the Applicant was not trying to be tricky, and was seeking to focus on
34 the view from Davis Road.
35 Commissioner McKee asked if the Developer has an opinion on a 30-foot height cap on
36 Davis Road.
37 Michael Birch said a 30-foot building is functionally incompatible with the demands of the
38 market place for these types of uses.
39 Michael Harvey said he can type in modifications as they come up, or staff can simply
40 take direction. He said he needs specifics on which to work with the Applicant.
41 Chair Rich asked for an example of an existing 40-foot building locally.
42 Michael Harvey said the UNC hospital in Hillsborough is about 60 feet. He said the
43 Applicant is willing to amend the language to say buildings on Davis Road will have a max
44 height of 40 feet from floor to rooftop.
45 Michael Birch said the proposed language is 40 feet from finished floor to roof deck.
46 Commissioner Marcoplos said he is glad for the clarification about the height
47 requirement, and feels this is in line with the Board's wishes.
48 Commissioner Greene asked if there is an appreciable difference between the roof deck
49 and rooftop.
50 Michael Birch said with a flat roof there is the roof deck and then a parapet that is a few
51 feet higher.
32
1 Commissioner Greene said this extra height might screen HVAC equipment, for
2 example.
3 Michael Birch said that is correct, anything that is on the roof may be screened.
4 Commissioner Greene said the whole building would be more than 40 feet.
5 Michael Birch said from an appearance perspective yes. He said the Durham Tech
6 building is about 40 feet.
7 Commissioner McKee referred to the roof deck and the parapet shielding things on top
8 of the roof, and said the height from the roof deck will be more than just a few extra feet.
9 Michael Birch said there are several different ways to screen these features, including
10 specialized screenings closer to the units. He said building heights are not typically measured
11 to the height of a parapet.
12 Commissioner McKee said it is thus impossible to know how tall this building will appear
13 from a visual perspective.
14 Michael Birch said that is not the Applicant's intent. He said the Applicant would be
15 willing to impose a maximum parapet height, if desired.
16 Commissioner Dorosin asked if the plan for this evening is for the BOCC to negotiate the
17 parts of this agreement, and the BOCC vote on the item at the end. He said he would like to
18 focus on items within the proposal that Commissioners are unable to accept, and see if there is
19 potential for further compromise. He asked if the BOCC must vote on this item tonight, or can it
20 see a written version of the changes and vote at a later time.
21 John Roberts the BOCC can vote on approval or denial tonight. He said if the BOCC
22 imposes conditions with which the Applicant does not agree, the BOCC must give the Applicant
23 time to consider the conditions, and vote at a later date.
24 Chair Rich said she wants to know if there are items within the conditions that the BOCC
25 cannot accept, and focus the discussion on these topics.
26 Commissioner Dorosin said the building height discussion is important, but precise
27 decisions need to be made, and feedback given.
28 Commissioner Greene asked is Commissioner Dorosin is asking for a straw vote on
29 each issue.
30 Commissioner Dorosin said not a straw vote, but if the Applicant proposes a condition
31 either accept, propose an alternative, and move on.
32 Commissioner Greene agreed, and said not all issues need intimate discussion. She
33 said the building height and truck traffic are big issues, but the entire proposal is a package as a
34 whole, and she would vote no as the proposal currently stands. She said she would like it to
35 come back later.
36 Commissioner Dorosin asked if Commissioner Greene could define later.
37 Commissioner Greene said she would like to go through each of the big issues: building
38 height, traffic, buffers, etc.
39 Michael Harvey said staff is looking to get direction so that it can work with the Applicant.
40 He said he needs some suggested conditions, and universal consensus is not necessary. He
41 said specifics are necessary, so that he can work with the Applicant to get the BOCC what it
42 wants.
43 Commissioner Bedford said the BOCC can tackle the more urgent conditions, but it is
44 important to go through every page so that the BOCC can vote yes or no.
45 Commissioner McKee said he appreciates the comments, and he has specific numbers
46 and conditions that he will, or will not, agree to, on about 10 different items.
47 Commissioner McKee proposed that the building height on Davis Road be 40 feet, from
48 the top of the building pad to the highest structural component on the front fagade.
49 Commissioner Marcoplos said if the building is 100 feet off the road with varying
50 topography, he said 40 feet with a 4-6 foot parapet will not make a difference. He said the
33
1 parapet will make the building more visually appealing, and it is not that big a deal. He said he
2 supports 40-45 feet, including the parapet.
3 Commissioner Price said she is concerned about the scale of the building. She said she
4 wants it to blend in with the surrounding landscape and road scape. She said she wants the
5 conversation to move forward, and she is totally against a service road coming to Davis Road.
6 Chair Rich said she agrees with Commissioner Marcoplos, and thinks the parapet is
7 important. She said if an opaque buffer can be put in place it would be good.
8 Commissioner McKee said a 40-foot limit does not mean that solar arrays and HVAC
9 equipment should be seen, but rather the parapet is included in the 40 feet.
10 Michael Harvey said he would look at these two suggestions with the Applicant.
11 Chair Rich said to move onto the discussion of Davis Road.
12 Commissioner Dorosin summarized the current proposal.
13 Michael Birch said he would like to explain what the Applicant anticipates for this part of
14 the plan. He introduced his colleague Frank Csapo.
15 Frank Csapo said there is a misconception on what is being proposed. He said great
16 concerns were raised at the public meeting about access to Davis Road, and in response, the
17 Applicant met with staff to issue a revised TIA, in which all the traffic is routed through the
18 service road to old 86. He said NCDOT approved this change. He said the approval received
19 by NCDOT is based on the trip generation report. He said no alternate access points will be
20 needed. He said the Applicant preserved a left out, and right in traffic pattern. He said access
21 to Davis Rd can be restricted to emergency vehicles only, if the BOCC so desires.
22 Chair Rich said the written condition in front of her does not line up with what was just
23 said.
24 Frank Csapo said the Applicant thought the BOCC was amenable to small vans and light
25 traffic on Davis Road. He said if this is not accurate, the BOCC can prohibit those types of
26 vehicles on Davis Road as well.
27 Commissioner McKee clarified that the Developer will accept a condition that states
28 there will be no access to Davis Road, except for emergency vehicles.
29 Frank Csapo said that is correct.
30 Commissioner McKee asked if that would remove item n, o, and p from page 55.
31 Frank Csapo said yes.
32 Commissioner McKee asked if there is a reason these items were included in the first
33 place.
34 Frank Csapo said it was his understanding that the BOCC was open to car and light van
35 traffic on Davis Road. He said if this was a misunderstanding he apologizes, and the BOCC
36 can limit all traffic on Davis Road if it so chooses.
37 Commissioner Dorosin said the Developer has agreed to eliminate the access to Davis
38 Road, and that is a positive step, which addresses many concerns. He said to instruct staff to
39 make that change, and if it is important to leave in emergency vehicles in writing, then do so.
40 Commissioner McKee agreed.
41 Frank Csapo agreed.
42 Commissioner Price asked if a road will still be cut.
43 Frank Csapo said yes, but it will be access controlled. He said the Developer can work
44 with Emergency Services on what is favorable.
45 Commissioner Bedford asked if there is a reason the BOCC has not known about the
46 NCDOT approval prior to tonight.
47 Frank Csapo said the supplemental TIA was submitted to NCDOT about 10 days ago.
48 He said congestion management issued a recommendation for approval of a fully functional
49 signal intersection at service road and old 86. He said based on that recommendation, the
50 developer was issued an approval of the redesign of this intersection on Friday afternoon.
51 Commissioner Bedford asked if item p on page 55 will be deleted.
34
1 Frank Csapo said yes.
2 Commissioner Bedford asked if Craig Benedict, Planning Director, could explain why the
3 BOCC did not receive communication about the changes from NCDOT.
4 Craig Benedict said NCDOT gave its response late last week, but the agenda was out
5 already. He said item p says the amount of trips generated can be serviced by the suggested
6 improvements, and if this was ever exceeded then a midblock point would be needed, and p
7 was included to address this.
8 Commissioner Bedford said it sounds like the Planning Department wants to keep item
9 p, and she is unclear how to define when conditions would be exceeded.
10 Frank Csapo said the traffic generation study that was approved contemplated a build up
11 to 2.4 million square feet, and said this information could be included as a trigger point for
12 further review.
13 Michael Harvey said that language is already in the document.
14 Commissioner Bedford asked if staff would think through this wording, and see if any
15 changes are needed. She said overall this is good news, but she does not understand why she
16 is only just hearing it.
17 Chair Rich said one reason is that information needs to be shared publicly.
18 Commissioner Greene said items m, n, o, and p are no longer necessary. She thanked
19 the Applicant for taking all traffic off of Davis Road.
20 Commissioner McKee also expressed thanks for the efforts made to take traffic off of
21 Davis Road. He asked if a fully signalized intersection will allow for right and left turns
22 immediately.
23 Frank Csapo said yes.
24 Commissioner McKee said developing a fully signalized intersection will require right of
25 way that does not currently exist. He asked if the Developer had conversations with NCDOT
26 about how to obtain this access.
27 Frank Csapo said the NCDOT approval indicates that there is no funding at NCDOT to
28 secure the right of way, and the responsibility would fall to the Developer. He said in response
29 to that, the Developer has reached out to pertinent property owners and is having ongoing
30 dialogue with them.
31 Commissioner McKee said he was made aware of the amount that was offered for the
32 required land, and he considers it a pittance.
33 Frank Csapo disagreed, and said the Developer is spending more than $5 million to
34 bring water and sewer to the area, and $3 million to bring a fully signalized intersection, which
35 will bring great investment to the area and increase in property values.
36 Commissioner McKee said he is glad that the Developer has been able to make these
37 advances with the plan.
38 Commissioner Bedford asked if the Developer will be required to make improvements
39 where Davis Road and Old 86 meet.
40 Frank Csapo said no.
41 Commissioner Price asked if the service road will be widened to accommodate traffic,
42 and if the easements are required to do so.
43 Frank Csapo said yes.
44 Commissioner Price asked if most traffic can be directed to the left.
45 Frank Csapo said the traffic cannot be controlled, but the intersection is immediately
46 adjacent to the 1-40 on ramp, and it seems only local traffic will go to the right.
47 Commissioner Price said trucks may be tired of waiting to turn left, and there may
48 additional build out in the area due to the installation of public water and sewer.
49 Chair Rich said the next issue to consider is the parking area.
50 Commissioner Greene said she would oppose barbed wire in any part of the property.
51 Frank Csapo said there will be no barbed wire.
35
1 Frank Csapo said this will be a master plan development, and there will be an
2 architectural review committee that will review all plans and aesthetics.
3 Michael Harvey said it will still be hard to enforce these conditions. He said an
4 architectural committee means nothing to him.
5 Commissioner Greene said perhaps it should not be included at all.
6 Craig Benedict said that would be his opinion as well.
7 Michael Harvey said there are architectural design standards in the Orange County
8 UDO, and the Applicant was recommended to address similar compliance points. He said this
9 does some of that, but the language does not allow him to definitively allow for violations.
10 Commissioner Dorosin asked if those standards can be imported here to make
11 determinations.
12 Michael Harvey said that was a suggestion, and the conditions here were taken from the
13 application narrative. He said the Applicant took its lead from Settlers Point, but there is some
14 specificity missing here that was in Settlers Point.
15 Chair Rich asked if the language from the UDO could be added here.
16 Michael Harvey said he will work with the Applicant to attempt to improve the language.
17 Commissioner Price said "harmonious and compatible" is vague and can mean different
18 things to different people. She said she would like more specificity to aid with enforcement.
19 Frank Csapo said there are photographic examples in the application materials of these
20 items.
21 Chair Rich said the next item is the parking lot layout.
22 Michael Harvey said the application does not address all the possible permitted land
23 uses, and if more parking would be needed.
24 Frank Csapo said the Applicant has addressed this issue, and there is typically too many
25 parking spaces made with large development. He said these spaces will accommodate the use.
26 Commissioner Greene said this answer makes sense to her. She asked if"general
27 office use" can be explained.
28 Frank Csapo said a typical warehouse building has 5% office occupied space, and that
29 portion will be built out as office area. He said office square footage would apply to that area,
30 and industrial square footage would apply to the rest of the open area.
31 Commissioner Price asked if the Developer knows the breakdown of the property use
32 percentages.
33 Frank Csapo said no, but the office space will be minimal.
34 Chair Rich said she hears a difference between the Developer and staff's description.
35 Michael Harvey said this is what the Applicant has proposed, and he has no comfort
36 level on this proposal.
37 Commissioner Marcoplos said he would favor less parking wherever possible, and to
38 trust the Developer on this.
39 Chair Rich said the next issues are setbacks and buffers.
40 Commissioner Price said she is concerned about setbacks. She said Orange County
41 already has setback standards, based on a variety of reasons, and asked if the Applicant could
42 justify its reduction of these setbacks.
43 Frank Csapo put a map on the screen, and said he does not agree that the Applicant is
44 not complying with County buffers, as there is a 100 foot building buffer around the south and
45 west boundaries of the property. He said there are logistical issues associated with the property
46 that are immutable boundaries that are fixed, and around which the Applicant must work. He
47 said there is a flood plain, a Duke power easement, and an additional County boundary. He
48 said given these immutable objects the project must adjust accordingly.
49 Commissioner Price said she wants to preserve the 100-foot no build buffer.
50 Frank Csapo said there are no adjacent property owners that have houses near the
51 property. He said there is a 100-foot building buffer all the way around, and a no build 50-foot
36
1 buffer. He said this is necessary due to the immutable boundaries on numerous sides of the
2 property, bisecting north, south, east and west. He said for buildings to be functional to the
3 marketplace, there are certain dimensions that must be available. He said bay depths mean
4 something, and these buffers are what the Developer can offer given the physical needs of the
5 buildings.
6 Commissioner Price said the Developer could reduce the number of buildings to allow
7 for more buffer.
8 Frank Csapo said reducing the number of buildings would make the project unviable
9 economically, due to the amount of investment that must be made up front to develop the site.
10 Chair Rich asked if Michael Harvey could state the requirements of the County's UDO.
11 Michael Harvey said if this parcel were zoned economic development— Hillsborough,
12 there would be a 100-foot perimeter buffer. He said this is required for the edge of the
13 economic development districts. He said the BOCC required a more restrictive buffer of 125
14 feet along the southern and western borders for Settlers Point. He said the Applicant is
15 proposing a 50-foot land use buffer along the southern and western property lines, and a 100-
16 foot building setback.
17 Commissioner Marcoplos said 50 feet from one's property to a road is not very much,
18 and he wondered if there could be a 65-foot buffer with dense vegetative plantings.
19 Frank Csapo said the dimensional request will be hard to accommodate, but dense
20 plantings are achievable. He said within the 50 feet, the Developer can increase the amount of
21 vegetative buffer.
22 Commissioner Marcoplos said he is uncomfortable with that proposal.
23 Chair Rich agreed. She said she remembers this discussion with Settler's Point, where
24 dense plantings were encouraged, but the larger buffer also existed.
25 Commissioner Greene also agreed.
26 Commissioner Price said the buffer issue goes along with open space, which the
27 Developer is reducing to 25% from the required 30%.
28 Frank Csapo said there is 32% open space on the plan.
29 Michael Harvey said all documents he has reviewed have shown 25%.
30 Frank Csapo said 30% open space can be accommodated.
31 Commissioner Greene asked if the open space includes storm water basins, as she
32 would hope not.
33 Frank Csapo said under the UDO it is included.
34 Commissioner Greene asked if this is where the discrepancy is occurring between the
35 Applicant and County staff.
36 Frank Csapo said no, the paperwork that staff has seen says at least 25%, but the actual
37 plan that the Developer is working with is 32%.
38 Commissioner Greene asked if there can be any assurance that the storm water basins
39 will look like ponds, or actual open space.
40 Frank Csapo said he is unsure of any standard to apply there, but will work with staff to
41 alleviate BOCC concerns.
42 Commissioner Price asked if that will be a retention pond or a draining pond.
43 Frank Csapo said wet ponds.
44 Chair Rich said there is no agreement on the buffers.
45
46 Craig Benedict said the Applicant has agreed to put what is typically in 150 feet into 100
47 feet in a denser manner and linear fashion. He said the UDO has a 75-foot buffer requirement,
48 with specifics about trees. He said this could be compressed to a 50-foot buffer with dense,
49 evergreen plantings.
50 Frank Csapo said this would be acceptable.
51 Chair Rich asked if this falls in line with the UDO.
37
1 Craig said the LIDO has multiple buffers, with varied plantings. He said the 50-foot
2 buffer could have the quantity of plantings that would be found in a 75-foot buffer. He said the
3 75-foot buffer contains more evergreens. He said this would be an alternate design option.
4 Commissioner Marcoplos asked if there was a way to measure the densification.
5 Craig Benedict said yes, there is a certain amount of trees in each size of buffer. He
6 said the same amount of trees that would go in a 75-foot wide area would be compressed into a
7 50-foot wide area.
8 Commissioner Marcoplos said that may be an option, as long as the outcome could be
9 measurable.
10 Craig Benedict said it is quantifiable.
11 Commissioner Greene said it is quantifiable while the trees are living, but those trees will
12 change, and it is not the same as a 100-foot buffer.
13 Craig Benedict said the project has a requirement to maintain buffers, and have trees
14 grow from initial planting to mature heights. He said the County monitors this.
15 Commissioner Greene asked who covers this expense.
16 Craig Benedict said it is an ongoing inspection process done by the County, and if non-
17 compliance is found, the County sends a letter to the Developer for correction.
18 Chair Rich said she has a problem with the buffers, and would like to see an option that
19 includes the 100-foot buffer on the western and southern property lines.
20 Commissioner Price agreed.
21 Commissioner Greene agreed.
22 Commissioner Marcoplos agreed.
23 Commissioner McKee said he thinks there needs to be further discussion, as he
24 envisions the 50-foot buffer on the west and the south being all parking lots. He said he does
25 not think a 100-foot buffer would greatly impinge on the building.
26 Chair Rich said Craig Benedict has proposed a solution, but it is not what the County
27 expects. She asked if Staff could work with the Developer on this issue.
28 Commissioner Dorosin said it is important to consider the trade-offs, and if there could
29 be less parking over, or a taller building at some point, etc. He said it is important to be as
30 creative as possible.
31 Chair Rich agreed.
32 Commissioner Marcoplos agreed as well. He asked if there is some value to allow taller
33 buildings on the north side/interstate side.
34 Commissioner McKee expressed his appreciation to the Developer for revising the
35 delivery traffic out on Davis Road. He said the CZ process involves working within the County's
36 expectations and the Developer's needs. He said he would be willing to discuss the issue of
37 building heights in order to maintain the buffers.
38 Chair Rich said the next issue was land uses.
39 Michael Harvey said he has a stylistic concern about the project, but not about any of the
40 uses. He said he needs a head nod from the BOCC that the listed uses are acceptable. He
41 said most of the uses are listed in Settlers Point.
42 Commissioner Price asked if dry cleaning is really allowed, as they often need
43 chemicals.
44 Michael Harvey said chemicals do not have to be used, and it is up to the operator. He
45 said he does not see a problem with it.
46 The Board agreed by consensus about the list of uses.
47 Commissioner Bedford referred to page 58 and the LED lightning, and the word
48 "substantially".
49 Frank Csapo said a different style of lighting is required in certain laboratory formats,
50 and this wording is present to accommodate such unique situations.
38
1 Commissioner Bedford said the language could simply be amended to say LED lighting
2 will be used except for unique situations where it is not possible to do so.
3 Frank Csapo agreed.
4 Commissioner Marcoplos said he would like more information on the Cates Creek
5 natural area. He asked if County environmental staff could provide a summary of the issues.
6 Frank Csapo said he is unsure what information can be provided, as the project has no
7 impact on Cates Creek. He said storm water control is in place, along with rain gardens.
8 Commissioner Marcoplos said he wants to hear from County staff in this issue, not the
9 Developer.
10 Michael Harvey said the Department of Environment, Agriculture, Parks and Recreation
11 (DEAPR) staff sent a memorandum to the BOCC. He confirmed that no portion of the property
12 contains any part of Cates Creek.
13 Commissioner Greene suggested the following language for the LED lighting: "LED
14 lighting will be used unless LED lighting is not compatible with the associated use."
15 Frank Csapo agreed.
16 Commissioner Greene referred to page 8 section 5, performance standards, and said
17 she would prefer vehicles not be allowed to park in front of trash and recycling receptacles.
18 Frank Csapo agreed. He returned to the LED lighting issue, and said he agrees with
19 Commissioner Greene's wording, but would like to include language for successor technology in
20 case LED lighting is replaced by something more efficient.
21 Commissioner Greene agreed.
22 Commissioner Price said she is concerned about the environmental impact. She said
23 County staff says there will be no impact, but local environmental agencies say otherwise. She
24 said she would like those reports to be taken into consideration and a full report be given to the
25 BOCC.
26 Frank Csapo said these agencies did not submit any professional reports, but rather just
27 opinions. He said the Developer hired Kimley Horn who did a full analysis, and found no
28 environmental concerns. He said there are plenty of professional reports to be reviewed on this
29 issue.
30 Commissioner Price said whether the Developer considers these agencies professional
31 or not, she respects them and the work of the Eno River Association. She asked if County staff
32 could listen to these agencies, and give a report back to the BOCC.
33
34 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to
35 consider discussing the revised Statement of Consistency and the Ordinance Amending the
36 Zoning Atlas at the October 20t", 2020 BOCC Virtual Business Meeting.
37
38 Roll call ensued.
39
40 VOTE: UNANMIOUS
41
42 7. Reports
43 NONE
44
45
46 8. Consent Agenda
47
48 • Removal of Any Items from Consent Agenda
49 None removed
50
51 • Approval of Remaining Consent Agenda
39
1
2
3 A motion was made by Commissioner McKee, seconded by Commissioner Price to
4 approve the consent agenda.
5
6 Roll call ensued.
7
8 VOTE: UNANMIOUS
9
10 a. Minutes
11 The Board approved the draft minutes from the September 1, 2020 Virtual Business Meeting as
12 submitted by the Interim Clerk to the Board.
13 b. Motor Vehicle Property Tax Releases/Refunds
14 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
15 property tax values for three taxpayers with a total of three bills that will result in a reduction of
16 revenue in accordance with NCGS.
17 c. Property Tax Releases/Refunds
18 The Board adopted a resolution, which is incorporated by reference, to release property tax
19 values for fifteen taxpayers with a total of twenty-six bills that will result in a reduction of revenue
20 in accordance with North Carolina General Statute 105-381.
21 d. Applications for Property Tax Exemption/Exclusion
22 The Board adopted a resolution, which is incorporated by reference, to approve eleven untimely
23 applications for exemption/exclusion from ad valorem taxation for twelve bills for the 2020 tax
24 year.
25 e. Resolution Authorizing Exchange of Property for the Sheriff's Office
26 The Board adopted a resolution, which is incorporated by reference, authorizing exchange of
27 weapons for credit at P.F. Custom Guns and authorized the Chair to sign.
28 f. Budget Amendment for the County Funding of 800 Hot Spots to Orange County
29 Schools
30 The Board approved a Budget Amendment in the amount of$120,000 to fund 800 Hots Spots
31 for Orange County Schools (OCS) at a cost of$150 each.
32 g. Durham-Chapel Hill-Carrboro Metropolitan Planning Organization Comprehensive
33 Transportation Plan Amendment
34 The Board approved a list of Orange County Comprehensive Transportation Plan (CTP)
35 Amendments in the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC
36 MPO) and submitted to the DCHC MPO for inclusion in its CTP Amendment.
37 h. Advisory Boards and Commissions —Appointments
38 The Board approved the Advisory Boards and Commissions appointments as reviewed and
39 discussed during the September 10, 2020 Work Session.
40 L Approval of Board of Commissioners Meeting Calendar for Year 2021
41 The Board approved the meeting schedule for the Board of County Commissioners for calendar
42 year2021.
43 j. Approval of the Board of County Commissioners (BOCC) Travel Policies and
44 Procedures
45 The Board approved the County Commissioner Travel Policy to establish appropriate guidelines
46 for travel and transportation required of elected officials conducting business for Orange County.
47 k. Approve Contract for Building Commissioning Services of Northern Campus Project
48 The Board authorized the County Manager to execute a contract upon review by the County
49 Attorney, between Orange County and Facilities Dynamics Engineering to perform building
50 commissioning services for the Northern Campus construction project.
51 I. Orange County Public Transportation Electric Bus and Charging Station Purchase
40
1 The Board approved an Agreement with GILLIG LLC of Hayward, California in the amount not-
2 to-exceed $1,117,000 for the purchase and installation of a 40 foot electric bus and charging
3 station; and authorized the County Manager to sign the agreement upon County Attorney review
4 and to sign any change orders up to the Project Budget.
5 m. Amendment to Orange County Board of Commissioners Advisory Board Policy
6 Regarding Elected Officials
7 The Board voted to amend the Orange County Advisory Board Policy so that elected
8 government officials may not serve on advisory boards.
9
10 9. County Manager's Report
11 Bonnie Hammersley said there is work session on October 8th, and highlighted the
12 topics for discussion.
13
14 10. County Attorney's Report
15 NONE
16
17 11. *Appointments
18 NONE
19
20 12. Information Items
21
22 ■ September 15, 2020 BOCC Meeting Follow-up Actions List
23 ■ Tax Collector's Report— Numerical Analysis
24 ■ Tax Collector's Report— Measure of Enforced Collections
25 ■ Tax Assessor's Report— Releases/Refunds under$100
26 ■ Memorandum - Racial Equity Progress Report
27 ■ Memorandum - 2016 School Bond Projects
28
29 13. Closed Session
30 NONE
31
32 14. Adjournment
33
34 A motion was made by Commissioner Price, seconded by Commissioner McKee to
35 adjourn the meeting.
36
37 VOTE: UNANMIOUS
38
39 The meeting was adjourned at 11:35 p.m.
40
41
42 Penny Rich, Chair
43
44
45 Allen Coleman
46 Assistant Deputy Clerk
47
48 Submitted for Approval by Gregory A. Wilder, Interim Clerk to the Board
1
1 ATTACHMENT 3
2
3 DRAFT
4 MINUTES
5 ORANGE COUNTY
6 BOARD OF COMMISSIONERS
7 VIRTUAL WORK SESSION
8 OCTOBER 8, 2020
9 7:00 p.m.
10
11 The Orange County Board of Commissioners met for a Virtual Work Session on Thursday,
12 October 8, 2020 at 7:00 p.m.
13
14 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich, Vice Chair Renee Price, and
15 Commissioners Jamezetta Bedford, Mark Dorosin, Sally Greene, Earl McKee, and Mark
16 Marcoplos
17 COUNTY COMMISSIONERS ABSENT: NONE
18 COUNTY ATTORNEYS PRESENT: John Roberts
19 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
20 Travis Myren, Interim Clerk to the Board Greg Wilder, and Assistant Deputy Clerk II Allen
21 Coleman (All other staff members will be identified appropriately below.)
22
23 Chair Rich called the meeting to order at 7:01 p.m.
24 Chair Rich asked John Roberts if a roll call was needed.
25 John Roberts said yes.
26 Chair Rich proceeded with roll call, and said Commissioner Greene would be late.
27
28 Due to current public health concerns, the Board of Commissioners is conducting a Virtual Work
29 Session on Thursday, October 8, 2020. Members of the Board of Commissioners participated in
30 the meeting remotely. As in prior meetings, members of the public were able to view and listen
31 to the meeting via live streaming video at http://www.orangecountync.gov/967/Meeting-Videos
32 and on Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable).
33
34
35 1. Alcohol Beverage and Control Board Voting Membership and Financial Statement
36 Analysis
37
38 John Roberts reviewed the following item:
39
40 PURPOSE:
41 To provide:
42 1)An update on the BOCC commissioner being an ABC voting member
43 2)A financial analysis of the ABC Board revenue, profitability and funding capacity
44
45 BACKGROUND:
46 LEGAL—Voting Member Information
47
48 The BOCC has expressed interest in having the commissioner appointee to the ABC Board be
49 a voting member rather than a non-voting liaison. There are multiple options available to the
50 BOCC if the BOCC is dissatisfied with some aspect of ABC operations or governance or if the
51 BOCC simply believes changes should be made for other reasons. 1) Change the Chair. The
2
1 BOCC has full authority to appoint the Chair. 2) Change or reduce salaries. Again full authority
2 to do so rests with the BOCC. 3) Adopt standards of conduct for ABC board members. 4)
3 Appoint commissioners or senior county employees to the ABC board. Both have been done by
4 counties in North Carolina. This fourth option is further explored below.
5
6 As authorized by statute the BOCC appoints both the members and the Chair of the ABC Board
7 and members serve three-year terms. Due to the fact that terms are for three years it may be
8 administratively best to appoint a commissioner who has at least three years left in office.
9 However, this is not absolutely necessary because vacancies are filled by the BOCC to
10 complete the term of the member who created the vacancy and should a commissioner leave
11 office another could be appointed to fill the ABC role for the duration of the original appointee's
12 term.
13
14 There may be some concern about the prohibition of dual office holding if a commissioner is
15 appointed to the ABC board, however, so long as the appointment is ex officio the dual office
16 holding prohibition is not a concern. Under North Carolina law ex officio appointees have the
17 same rights and authority as any other appointee. Regarding the dual office non-issue North
18 Carolina General Statute §128-1.2 reads:
19
20 Ex officio service by county and city representatives and officials. Except when the
21 resolution of appointment provides otherwise, whenever the governing body of a county
22 or city appoints one of its own members or officials to another board or commission, the
23 individual so appointed is considered to be serving on the other board or commission as
24 a part of the individual's duties of office and shall not be considered to be serving in a
25 separate office. As used in this section, the ter "official"means (i) in the case of a
26 county, the county manager, acting county manager, interim county manager, county
27 attorney, finance officer, or clerk to the board and (ii) in the case of a city, the city
28 manager, acting city manager, interim city manager, city attorney, finance officer, city
29 clerk, or deputy clerk. As used in this section, the term "city"has the meaning provided
30 in G.S. 160A-1.
31
32 One important consideration in appointing a commissioner to the ABC board is the appointment
33 would create occasional conflicts of interest for the appointed commissioner. That commissioner
34 could not vote, and would have to be excused from voting, on ABC board members' salaries,
35 the ABC board travel policy, or other items that could have a financial impact on the
36 commissioner.
37
38 There are two current ABC board members whose terms expire 6/30/21. According to the
39 Orange County advisory board webpage Patrick Burns is serving the first of two potential terms
40 and Jane Cousins is serving the second of two terms. Should the BOCC determine to appoint
41 one, or more, of its own members to an ABC board position one of these two positions is most
42 realistic for the appointment because outright removal of ABC members may only be for cause.
43 Of the remaining members' terms one expires in 2022 and two expire in 2023.
44
45 FINANCIAL- Revenue, Profitability and Funding Capacity
46
47 The Chair requested a financial statement analysis of the ABC Board to determine additional
48 funding capacity in view of the ABC Board not approving the County's FY 2020-21 funding
49 request for the Drug Treatment Court program. The Drug Treatment program was funded at
50 $25,000 and not the requested $32,500. The Vice-Chair requested a listing of distributions to
51 sub-recipients for FY 2019-20 (Attachment 1).
3
1
2 The following are key financial and revenue metrics from the ABC FY 2019-20 Financial Audit.
3
4 ABC Key Financial metrics include:
5
6 • Net position increased by 9.27%
7 • Total Sales increased 12.47%
8 • Retail liquor sales increased 22.48%
9 • Working capital increased 28.8%
10
11 Table 1 below indicates the historical year trend in ABC profits before distribution and
12 distribution to sub-recipients. As noted on Table 1 below, the ABC distribution as a percent of
13 profits has increased from 39% in FY 2014-15 to 65% in FY 2019-20. These increases resulted
14 from BOCC Petitions and Benchmarking Analyses (Attachments 2 and 3).
15
16 Table 1
17
18 Orange Alcoholic Beverage Control Board
19 Historical Year Financial Trcnd
20 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020
21 Profit Before Distributions $1,780,957 $ 1,564,997 S 1,303,231 S 1,074,918 $ 1,458,916 $ 1,249,749
22 Profit as Percent of Income 9.91% 8.37% 9.77% 5.35% 6.83% 5.20%
23 Statutory Distributions
Law Enforcement $ 130,000 $ 135,000 S 149,000 S 149,300 S 160,000 S 147,000
24 Alcohol Education 156,550 144,094 209350 212,500 244,000 165,233
25 Local 400,000 400,000 500,000 500,000 535,000 500,000
26 Total Distributions $ 686,550 679,094 858,150 861,800 939,000 812,233
27 Total Distribution as%of Profit 39% 43% 66% 80% 64% 65%
28
29 Table 2 below is an updated Benchmarking Analysis as of June 30, 2019 comparing the Orange
30 County ABC Board distribution to sub-recipients as a percent of profit which was 64%. The five
31 counties of Alamance, Chatham, Durham, Wake and Mecklenburg have an average distribution
32 as percent of profit of 70%.
33
34 Based on the ABC financial and sales performance and the Table 2 comparison of other County
35 ABC Board distributions, the County's Drug Treatment funding request of$32,500 for the
36 Criminal Justice Resource Department does appear reasonable. A copy of this financial
37 analysis has been provided to the ABC General Manager and Finance Director in order to allow
38 ABC management to respond. Attachment 4 represents the ABC response.
39
40 Table 2
41
42 Alcoholic Beverage Control Board-Benchmarking Analysis
43 As of June 30,2019
44 Alamance Chatham Durham Wake Mecklenberg Orange
45 Profit Before Distributions S1,490,023 S 224,751 $5,094,539 $23,520,812 $27,934,328 S 1,458,916
46 Profit as Percent of Income 9.7% 5.07% 12.64% 15.57% 15.65% 6.83%
Stalutory Distributions
47 Law Enforcement $ 84,629 $ 5,028 $ 484,250 $ 1,147,161 $ 2,588,961 $ 160,000
48 Alcohol Education S 74,050 S 7,040 S 267,123 S 4,284,450 $ 4,903,700 S 244,000
49 Local $ 955,176 $ 124,181 $2,555,555 $11,884,086 $1 3,291,176 $ 535,000
50 Total Distributions $1,113,855 $ 136,249 S3,306,928 $17,315,697 $20,783,837 $ 939,000
Total Distribution as%of Profit 75% 61% 65% 74% 74% 64%
4
1
2
3
4 RECOMMENDATION(S):
5 The Manager recommended the Board accept this as an information item for further discussion.
6
7 Commissioner Dorosin said he has expressed his feelings in prior meetings, but he does
8 not understand the value of a Commissioner being present on the ABC Board, without being a
9 voting member. He said Commissioners are excluded from closed sessions, ABC Board items,
10 and other items. He said a Commissioner should have the same permissions and authority as
11 other ABC Board members.
12 Commissioner Price said she thought it says somewhere in state law that a
13 Commissioner cannot vote on a Board.
14 John Roberts said he is not aware of anything that prohibits Commissioners from voting.
15 He said he would love to see any information that Commissioners may have.
16 Commissioner Price said a Commissioner is currently serving, and asked if there is a
17 reason this person does not already have voting authority. She asked if there is a reason the
18 Board of County Commissioners (BOCC) must wait for current ABC Board members to roll off,
19 prior to appointing new members.
20 John Roberts said he is not familiar with how the ABC Board was originally structured, or
21 why the ABC Board Commissioner representative does not have a vote. He said the BOCC
22 would need to wait to appoint new members as ABC members can only be removed for cause,
23 such as malfeasance.
24 Commissioner Price asked if there is a reason why the ABC Board Commissioner liaison
25 cannot vote currently.
26 John Roberts said the board is not set up that way, and is a 5-member board. He said
27 state statute says a 5-member board cannot be increased or decreased, other than by a
28 legislative act.
29 Commissioner Dorosin said the abstract was very good. He asked if the ABC Board
30 members get paid a salary, and if a Commissioner were a voting member, would he/she also
31 receive a salary.
32 John Roberts said to his knowledge the ABC Board members receive a stipend. He said
33 an appointed Commissioner would be eligible for that stipend, and thus would not be allowed to
34 vote on issues relating to that stipend, due to his/her position as a County Commissioner.
35
36 Commissioner Greene joined the meeting at 7:10 p.m.
37
38 Chair Rich said the GoTriangle board also receives a stipend.
39 Commissioner Bedford said she was a liaison on the Orange County Partnership for
40 Young Children. She said she is required to recuse herself when this board is voting on the
41 allocation of state dollars that will financially benefit the County. She asked if the ABC Board
42 would have similar restrictions.
43 John Roberts said this may be part of the non-profit's bylaws, and would not be
44 applicable to a Commissioner individually as he/she is not benefiting personally from the vote.
45 Chair Rich said the BOCC will choose boards in December, and asked if the
46 Commissioner that chooses the ABC Board would become the voting member when slots
47 become available in 2021.
48 John Roberts said the liaison position would go away, and a voting member would be
49 installed, but the BOCC could change the Commissioner who fills each role, if it so desires.
50 Commissioner Dorosin asked John Roberts if he recommends this change be made.
5
1 John Roberts said he does not have an opinion on this item, due to there not being any
2 concerns about existing ABC board members. He said by changing this structure it would allow
3 the Board to have more authority, and enable the BOCC to have representation in ABC financial
4 and personnel decisions.
5 Commissioner McKee said he does not hear of any concerns with the current ABC
6 board members, and the BOCC goes to great lengths to get the community involved. He said
7 he has served as the liaison to the ABC Board twice, and found the members to be very
8 responsive to any input that he gave. He said he is not sure how this change would help the
9 BOCC.
10 Commissioner Price said when she served on the Board she thought about this change,
11 but realized that the BOCC appoints the other five members and the Chair of the ABC Board.
12 She said those appointees represent the BOCC, and it is okay if the Commissioner liaison does
13 not have a vote.
14 Commissioner Dorosin said it is important for the BOCC to have a vote on the Board.
15 He said having a direct voice in decision-making is critical. He said there has always been
16 heavy representation from law enforcement on the ABC Board. He said the ABC Board
17 generates a lot of revenue, and is involved with social services programs about which the
18 BOCC is concerned. He said having an equal vote is important.
19 Commissioner Rich said there are also other boards on which the BOCC has a vote,
20 such as the Visitors Bureau, Home Trust, GoTriangle, etc.
21 Commissioner Bedford said both she and Commissioner Greene were on a seminar
22 today about community engagement, and the timing was perfect for this agenda item. She said
23 the discussion focused on the value of broad community participation, with which she strongly
24 agrees. She said leadership should be spread out, diluted, and shared with the community.
25 She said prior to becoming a Commissioner, she served on the ABC Board. She said she could
26 have continued serving, but felt it was very much a conflict of interest and thus resigned once
27 elected a Commissioner. She referred to the chart on Table 2, and said 17% is spent on law
28 enforcement, but also 26% on non-profits. She said the ABC Board pays a living wage, which
29 reduces its profit, and gives 64% of profit away. She said this could be higher, but given
30 COVID, there may not have been as much revenue as normal, and it is wise to be conservative.
31 She said the ABC Board has a rigorous capital improvement plan in place. She said if a funding
32 request is needed, it should be made, but otherwise she would prefer to leave this board alone.
33 Commissioner Greene asked if the conflict of interest could be clarified.
34 Chair Rich said the possible conflict of interest is because the ABC Board members
35 receive a stipend, and BOCC members should not vote of adjusting the stipend.
36 Commissioner Price said she could go either way. She said the difference with the ABC
37 Board is that the Commissioners appoint each member to the ABC Board, as well as the chair,
38 as opposed to other boards where Commissioners serve and have a vote, but do not select the
39 other board members. She said there must be five members, and she does not want to remove
40 any of the current ABC Board members.
41 Commissioner Dorosin said having one seat as a voting member would not eliminate
42 participatory democracy. He said he does not see any issues of malfeasance, but does find the
43 ABC Board to be very dependent on the staff. He said he heard a lot of grievances from ABC
44 employees. He said having a Commissioner, as a voting member, is important as the liaison
45 only has a power of persuasion. He said he would not recommend removing the current
46 incumbent, but following John Roberts' comments to replace a member once their term is over.
47 Chair Rich agreed with Commissioner Dorosin. She said this item can come to a
48 business meeting for a vote.
49 Commissioner Bedford asked if the ABC Board's opinion on this matter could be sought.
50 Commissioner Price agreed with Commissioner Bedford.
6
1 Commissioner Marcoplos said he supports voting yes to having a voting member on the
2 ABC Board. He said influence in the votes is one thing, but the BOCC must also be fully
3 informed on all matters of this board.
4 John Roberts said he would contact the Executive Director for comments, and feedback
5 from the ABC Board.
6 Commissioner Price asked if there are any questions on the request.
7 Commissioner Bedford said she would recommend making the request to the ABC
8 Board for additional funding, since the Executive Director says he is open to hearing it.
9 Bonnie Hammersley said staff will make that request.
10 Commissioner Price asked if there are any comments on the percentages.
11 Commissioner Dorosin said funding was increased a few years ago, and he raised it
12 again this year, due to record profits. He said he was told the increase was unlikely due to
13 paying the living wage and compression. He said there is a significant amount of revenue, and
14 perhaps the percentages should be increased.
15 Chair Rich asked if the percentage issue should be included in the agenda item.
16 Commissioner Dorosin said he would not want to delay the first issue.
17 Bonnie Hammersley said previously the ABC Board funding went into the General Fund,
18 although it was supposed to be identified for specific spending purposes. She said when the
19 Criminal Justice Resource Department (CJRD) was created, the County identified positions that
20 would be covered by ABC funds, including the Director of this Department. She said Cait
21 Fenhagen, CJRD Director, has identified initiatives and programs that are needed in her
22 department, and ABC funds have been requested to cover these items. She said the way the
23 money is spent must be identified, and staff can make requests for more funding if necessary.
24 Gary Donaldson, Chief Financial Officer, said the audit was completed, and items were
25 not funded due to being cautious about COVID/recession fall out.
26 Commissioner Bedford asked if someone from the CJRD should be a voting member, as
27 opposed to a Commissioner.
28 Bonnie Hammersley said no, the voting member should be leadership, not staff.
29 Commissioner Price said it may be important to see where there are shortfalls. She said
30 thinking back there was some good ideas, like pretrial diversion, that could have benefitted from
31 funds.
32 Chair Rich asked if Bonnie Hammersley would proceed with an abstract for a future
33 BOCC meeting.
34 Commissioner Greene said she does not see a benefit of having fixed set allotment as
35 needs rise and fall each year. She said asking for what is needed is likely the best approach.
36
37
38 2. New Street Outreach and Harm Reduction Program
39
40 PURPOSE:
41 To share information about a new grant-funded county initiative supported through a
42 collaboration between the Criminal Justice Resource Department and the Housing and
43 Community Development Department with the Partnership to End Homelessness.
44
45 Caitlin Fenhagen, Criminal Justice Resources Director, and Corey Root, Homeless
46 Programs Manager, presented the following item:
47
48 BACKGROUND:
49 Since 2017, each year people with lived experience of homelessness, housing and homeless
50 service providers, the Orange County Partnership to End Homelessness, and other community
51 stakeholders have identified a street outreach program as a gap in the Orange County
7
1 homeless service system (latest gap analysis update from 2019). Orange County has had
2 proven success with a street outreach program, connecting people living unsheltered with
3 services and housing, administered by Housing for New Hope -- this program ended when
4 Housing for New Hope ended work in Orange County in 2016.
5
6 In April 2019, over thirty community stakeholders from the criminal justice system, healthcare,
7 behavioral health system, and housing came together to participate in the Orange County
8 Sequential Intercept Mapping Workshop facilitated by the North Carolina Department of Health
9 and Human Services. A systems intercept map and Final Report were created (SIM Final
10 Report) and one of the identified community gaps that emerged from this process was the need
11 to divert people who are high utilizers of the courts, health care, and homelessness systems
12 from further criminal justice contact.
13
14 At the same time, stakeholders from the criminal justice system including law enforcement, the
15 District Attorney's office, the Orange County Criminal Justice Resource Department (CJRD),
16 and criminal justice reform advocates are seeking to expand harm reduction deflection efforts in
17 Orange County. The current pre-arrest diversion program administered by the CJRD (OC PAD)
18 allows for law enforcement to divert first-offenders, but the OC PAD Advisory Committee,
19 District Attorney's Office and all law enforcement chiefs have endorsed proceeding with a plan
20 to expand to a separate harm reduction track, which would allow for diversion for low level
21 offenses committed by individuals impacted by behavioral health concerns, homelessness and
22 prior criminal justice involvement. These high utilizers will be linked to appropriate resources
23 and will avoid the trauma of arrest, short-term incarceration and justice system involvement.
24 This harm reduction model of diversion moves away from ineffective punitive models and
25 unnecessary law enforcement response and increases public safety, enhances stability and
26 improves public health.
27
28 With the onset of the COVID-19 outbreak in March 2020, homeless service providers reduced,
29 changed, and eliminated existing services to comply with social distancing and other response
30 recommendations. As a result, existing homeless service gaps, including street outreach, have
31 been exacerbated and deepened. On any given night, there are thirty to forty people living
32 unsheltered in Orange County. We are seeing these numbers increase during the COVID-19
33 response and recovery period. Research shows that street outreach programs that link people
34 with housing improve health outcomes and positively impact spending in other sections
35 including healthcare and the criminal justice system. In addition, recent national incidents of
36 police brutality have led to a new urgency in addressing systemic racism in policing and a
37 conversation about reinvestment in communities. Increasing therapeutic responses and
38 deflection from the criminal justice system, where it is safe and appropriate, have been widely
39 considered an evidence-based best practice for improved outcomes for individuals. Reimagining
40 law enforcement as one of the conduits for referring people in crisis to behavioral health
41 treatment experts and peer support is an important example of a reinvestment in impacted
42 communities.
43
44 In August 2020, the CJRD and Housing Departments were awarded an Emergency Solutions
45 CARES Act grant in the amount of$256,225.00 for the Street Outreach and Harm Reduction
46 Program. This one year of funding will support three positions to administer the program, which
47 is designed to connect people living unsheltered with housing, therapeutic interventions, critical
48 resources and ongoing peer support and case management. The program will also increase
49 harm reduction efforts and reduce unnecessary law enforcement response and justice
50 involvement, where deflection is appropriate.
51
8
1 RECOMMENDATION(S):
2 The Manager recommends the Board receive the presentation as information.
3 Caitlin Fenhagen made the following PowerPoint presentation:
4
5 Slide #1
6
7
g ORANGE COUNTY
NORTI-I CAROI-INA
9 Orange County
10 Street Outreach and Harm Reduction Program
11
12 Presentation to the Board of County Commissioners
13 October8,2020
14 r"1
15 Partncrship[v oCHCD a ,
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17
18 Slide #2
19 Orange County has a demonstrated community need
20 for street outreach
21
22 Orange County5eguential Intercept Mapping[SIM[
Facilitated by N.C.Department of Health and Human
23 Services
24 •April 2019
•Homeless System Gaps Analysis
25 •Expansion of Pre-Arrest DiveNorilection{O[-PAD
[
26 'COVID-19 community response
27 •Focus on re-imagining public safety
28
29 ORAIyGE C7LMM71'
30
31
32 Slide #3
33
34 This new program will connect people living
35 unsheltered with housing and services
3 6 Funded by Emergency$0109ns Gran[CANES Act[ESGM
•geoi operation October 5,2020
37 •12 months of funding
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42 of
43
44
45 Corey Root presented the following slide:
46
47 Slide #4
48 The program design uses a trauma-informed,
49 relationship-based model
50 Ongoing engagement and harm reduction
51 •People living unsheltered,many behavioral health issues
•Visits to campsites,hospitals,jail,streets
•Connections to housing,food,medical care,treatment
services,transportation and employment
•Therapeutic assessment,case plans,case management
•Referral contact for community members,law enforcement,
and businesses
•Reduce policing and justice involvement
9
1
2
3 Cait Fenhagen resumed the PowerPoint presentation:
4
5 Slide #5
6 There are several sustainability and program
7 needs to address
8 Prograrn funding starting Fa€12021
9 •5257,Bo0 a nnualiV
10 •Downtown office space
•Street Outreach one of several gaps to fill to end
11 homelessness
1 2 •Overlap with Behavioral Health Task Forte Priorities
-Crisls DW—ian Center
13 DWC-W with integrated services
•Incrnsed hehavioral health xrvices
14
15
16 ORPJJGE couNrrr
17
18
19 Slide #6
20 Contact us to talk further
21 •Caitlin Fenhagen,criminal Justice Resource Dlrector
22 919-24523W
23 cfenhagenporangecountync.go_V
24 •Emila Sutton,Houslne and Community Development Urector
25 •919.265-2692
•e5u[tOn�oranieWllntVn[.goV
26 •Corey Root,Homeless Programs Manager
27 919.245.2496
28 •crootCaorangecountvnc.Rov
29
30
31
32
33 Commissioner Price said this is an exciting report, but she is concerned about access to
34 housing, and asked if there is enough housing in Orange County to meet the needs.
35 Corey Root, Homeless Programs Manager, said more affordable housing is always
36 needed, but people are housed every month successfully. She said one of the gaps is
37 permanent supportive housing. She said rapid rehousing started in early April, and is showing
38 good results. She said the staff is good, and just keeps working. She said more people have
39 been housed this year than ever before. She said more housing programs are needed.
40 Caitlin Fenhagen said involvement in the criminal justice system creates a barrier to
41 accessing housing, especially ongoing criminal justice involvement. She said lack of housing
42 also leads to increased criminal justice involvement. She said both issues go hand in hand.
43 Commissioner Price said she hopes this program would be successful. She said having
44 housing inventory is important, but many people do not want affordable housing near them.
45 She said there are ample luxury apartments being built, and she wants to make sure the BOCC
46 is supporting the efforts referenced in this presentation.
47 Commissioner Dorosin said this program is very exciting. He said he remembered
48 hearing about this in the criminal justice committee. He referred to the gaps analysis and pre-
49 COVID discussions, and asked if there is a natural next step in which gap to tackle. He asked if
50 the way to maximize the success of this program is to connect it to the next gap that will be
10
1 addressed. He said he is excited about this program, but would like a slightly zoomed out
2 perspective of the plan ahead.
3 Commissioner Dorosin referred to the $257,000 grant, and asked if it will all go to
4 staffing costs. He asked if there are other costs, and if there is additional grant funds available
5 to meet them. He said sustainability is vital.
6 Corey Root said there are a number of gaps that are exacerbated by COVID, so the next
7 logical step needs to come from the Partnership to End Homelessness (PTEH) leadership team.
8 She said more non-congregant shelter is greatly needed, and people experiencing
9 homelessness are at a higher risk for COVID. She said there are continued gaps around
10 housing resource programs and permanent support housing, which could be the next priority.
11 Commissioner Dorosin asked if non-congregant housing means single room housing.
12 Corey Root said the CDC recommends having individual rooms for those experiencing
13 homelessness. She said the County moved people into hotels in May, and FEMA is covering
14 those costs.
15 Caitlin Fenhagen said the majority of the grant is for salary and benefits, but $10,000 is
16 for program services such as transportation, emergency supplies, staff mileage, etc.
17 Commissioner Greene said this is great news. She said looking ahead this is a great
18 opportunity to redirect police funding; to do a community reset. She said this type of work
19 should not be law enforcement's role, but rather social workers'.
20 Commissioner Marcoplos said this is really great work. He asked if homelessness is
21 rising, and if the coming year will make the crisis more acute.
22 Corey Root said the latest numbers are from January 2020. She said they count once
23 per year and it was 124, down from 132. She said numbers have been relatively flat over the
24 past decade. She said she expects numbers to rise in the coming year, but homelessness often
25 lags behind as an indicator by about 18-24 months. She said staff will keep a very close watch
26 on the numbers. She said having the street outreach team will provide real time data, especially
27 for those who are experiencing unsheltered homelessness.
28 Chair Rich said this is a great update. She said it will be a challenge to find ongoing
29 funding, but she has great confidence in the staff.
30 Caitlin Fenhagen said law enforcement partners have been particularly supportive of this
31 program, along with the downtown partners, and, of course, the Commissioners.
32
33 3. Government Alliance on Racial & Equity ("GARE") Progress Report: Advancing
34 Racial Equity and Transforming Government Progress Report
35
36 PURPOSE:
37 A Progress Report on the work of the Orange County Government Alliance on Race & Equity
38 ("GARE") staff cohort that has trained with other North Carolina jurisdictions since October 2019
39 to advance racial equity and create a plan to undo structural racism in County government.
40
41 BACKGROUND:
42 The Government Alliance and Race & Equity ("GARE") is a national network of governments
43 working to achieve racial equity and advance opportunities for all. GARE features three
44 emphases:
45 • Supporting jurisdictions that are at the forefront of work to advance racial equity.
46 • Building pathways for new jurisdictions to begin doing racial equity work, including
47 cohorts of new jurisdictions.
48 • Expanding and strengthening local and regional collaborations that are broadly inclusive
49 and focused on achieving racial equity.
50
11
1 In the 2019-20 budget, the Orange Board of Commissioners approved funds to support a team
2 of Orange County staff to be a part of a GARE North Carolina Learning Community of
3 government jurisdiction working to advance racial equity by addressing institution and structural
4 racism. Each jurisdiction made a one-year commitment to the learning process.
5
6 Each jurisdiction received tools and resources, including:
7 • A racial equity training curriculum, to equip cohort participants to implement the training
8 with other employees;
9 • A Racial Equity Tool to use in policy, practice, program and budget decisions;
10 • Support to identify and launch pilot projects that demonstrate racial equity outcomes in
11 your jurisdiction;
12 • A capacity building plan and organizational structure to institutionalize equity within their
13 jurisdiction;
14 • Example policies and practices that helped advance racial equity; and
15 • Support to develop a Racial Equity Action Plan
16
17 The Orange County team is comprised of fifteen diverse team members. Department Directors
18 were asked either to self-select or to select a member of their staff for the team. If through that
19 process the team was not filled, then co-leads selected county staff so that there was a diversity
20 of members and skills and departments on the team. The members of the team are: Annette
21 Moore, (Co-Lead), Human Rights and Relations, Nancy Coston, (Co-Lead), Social Services,
22 Brenda Bartholomew, Human Resources, Melvyn Blackwell, Human Rights and Relations, Erica
23 Bryant, Child Support Enforcement, Brennan Bouma, Asset Management Services, Diogenes
24 DeLosSantos, Information Technology, Desmond Frierson, Criminal Justice Resource, Jennifer
25 Galassi, Sherriff's Office, Ashley Hager, Food Council/County Manager's Office, Sarah
26 Pickhardt, Emergency Services, Rachel Raper, Board of Elections, Juliet Sheridan, Health,
27 Quintana Stewart, Health, Robert Williams, Solid Waste.
28
29 The One Orange GARE team developed a mission statement: One Orange is a commitment by
30 Orange County leaders and staff to uncover and address implicit racial biases in our institution
31 to ensure that race can no longer be used to predict life outcomes in our community.
32
33 GARE Training has been intense. Members of the team have not only had to attend training but
34 also had meetings outside of the training, committee meetings, and additional homework. The
35 pandemic has been an obstacle in getting both the training and the racial equity plan completed
36 in September as we anticipated.
37
38 In May, with the murder of George Floyd and the ensuing protest, awareness of the need for
39 racial equity has grown exponentially around the Country. In June, the Health Director, Quintana
40 Stewart, declared structural racism a health crisis in Orange County. The Board of County
41 Commissioners also passed a resolution condemning the murder of George Floyd and
42 committing to dismantling structural and institutional racism in Orange County government and
43 throughout Orange County. The Board directed the Department of Human Rights and Relations
44 to lead the One Orange Racial Equity Team in developing a Racial Equity Plan using the
45 Government Alliance on Race and Equity Model to bring a first draft of the plan back to the
46 Board in September 2020.
47
48 Although the pandemic has impacted the work of the GARE core team, it has also created an
49 opportunity for us to reimagine how we move forward, advancing racial equity as a region.
50 Instead of looking at racial equity from a jurisdictional position, we believe we should be looking
12
1 at racial equity collaboratively both within the county and regionally. In Orange County, working
2 collaboratively, we could break down not only institutional racism but also systems racisms.
3 Other regional partners are Durham City, Durham County, Caswell County, Greensboro, and
4 Raleigh.
5
6 Several weeks ago, we met with Chapel Hill and Carrboro to discuss having one Countywide
7 Racial Equity Plan that would include different local community strategies. Now that
8 Hillsborough is a member of CARE, we have invited them to be a part of this collaboration. We
9 want leverage our shared resources with one another. This thinking would also carry over
10 regionally as well. We believe the attached Report outlines the steps that we will take to put a
11 comprehensive countywide racial equity plan together that is not only data-driven but keeps us
12 accountable for the work we are required to do. The other jurisdictions will be taking this Racial
13 Equity Progress Report to their Boards in October.
14
15 RECOMMENDATION(S): The Manager recommends that the Board provide staff with feedback
16 on the Racial Equity Progress Report.
17
18 Annette Moore, Director of Human Rights and Relations made the following PowerPoint
19 presentation:
20
21 Slide #1
22
ORANGE COUNTY
NORTH CAROLINA
Advancing Racial Equity and
Transforming Government
A Progress Report
23 �e�M o,oee,ezozo aea„o=
24
25 Slide #2
26
What is Racial Equity?
• "When race can no longer be used as to
predict life outcomes and outcomes for all
groups are improved."
• The difference between racial equity and
equality is equity is about fairness,while
equality is about sameness.
27
28
29
30
31
32
33
13
1
2
3 Slide #3
4
Why Race?
• Normalizing conversations about race and
operationalizing strategies for advancing racial equity
allows us to build systems that address income and
wealth inequity and recognize bias based on gender,
sexual orientation,ability,age,religion,and other
protected categories.
• Allows us to develop a framework,tools and resources
that apply to other areas of marginalization,recognizing
that different strategies will be necessary to achieve
equity in other areas.
5
6
7 Slide #4
8
Why Race?
• Allows us to move past looking at just
disparities to finding racialized systems
that are costly,depress outcomes,and life
chances for all groups.
• Systems that are failing communities of
color are failing us all by depressing life
chances and outcomes
9 a OrtN+cL�pCMr
10
11 Slide #5
12
Government Alliance on Race and
Equity("GARE")
Support state and local jurisdiction that are
advancing racial equity by addressing
institutional and structural racism.
• Training staff to not only do the work but
also build internal capacity to undue
racism within their organization.
• Help expand and strengthen local and
regional collaboration that are inclusive
and focused on achieving racial e4A --
CCifJiY
13
14
15
16
17 Slide #6
18
14
North Carolina GARE Learning Community Cohort
GOAL-Build organizational capacity to advance racial
equity within the jurisdiction
>A racial equitytmining curriculum,with cohort participants who
are equipped to implement the training with other employees,
A Racial Equity Tool to be used in policy,practice,program and budget
decisions,
> Support for identifying and launching pilot projects that
demonstrate where to start achieving racial equity outcomes in
each jurisdiction
>A capacity building plan and organizational structure to
institutionalize equity within each jurisdiction,
n Example policies and practices that help advance racial equity,and
n Support on developinga Racial Equity Action Plan
ORAftiGE COLMT
2 Slide #7
3
North Carolina GARE Learning Community Cohort
Cohort Teams
• Orange,Carrboro,Chapel Hill,Durham
City,Durham County,Raleigh,Caswell
County,Greensboro,and RMJJ
• Orange County Team-15 members.
• Team Name-"One Orange"
• Co-Lead-Nancy Coston
Annette Moore
ORA7JGE CQ1N1 s'
4 ,,,u �
5
6 Slide #8
7
ORA7JGE COl1hfTY
8
9
10 Slide #9
11
One Orange Mission Statement
One Orange is a commitment by Orange
County leaders and staff to uncover and
address implicit racial biases in our
institution to ensure that race can no longer
be used to predict life outcomes in our
community.
oR�.w,E cax�rr
12
13
14 Slide #10
15
15
Racial Equity as a Strategy for Change
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2
3 Slide #11
4
Racial Equity Tool
• The Racial Equity Tool Committee will lay out
a process and a set of questions to guide the
development,implementation and evaluation
of policies,initiatives,programs,and budget
issues to address the impact of racial equity.
The racial equity tool will help align racial
equity goals with desired outcomes.
5
6
7 Slide #12
8
Community Engagement
• Develop a plan to provide for meaningful
community engagement. Consider the current
and unlikely partners needed to accomplish the
organizational outcomes. Who are the decision
makers with whom you need to inform,consult,
or collaborate?
9 z a�+«CoKx Arr
10
11 Slide #13
12
Racial Equity Index(Data Collection)
• The use of data and metrics to track progress of County's
racial equity initiatives and to follow trends in racial
disparities.
• Metrics will also facilitate the alignment of outputs with
outcomes and the coordination of efforts across departments
and jurisdictions.
• The Racial Equity Index will be a transparent public access to
data with built public data dashboards to help assess
questions of equity.
• The dashboards contained within the Index will include sub-
county maps and key performance indicators(KPIs)to help
track essential indicators and equity performance.
• Wherever possible these KPIs would be disaggregated by
geography,race/ethnicity,income,and gender.
�4
Grt�NCE CCltpfr•i
13
14
15 Slide #14
16
16
Training
• The training committee will develop a plan to
provide training to policymakers,managers,
staff,boards and commission members,and
community partners to build capacity to
advance racial equity and to embed racial equity
into countywide systems.
1 ,
2
3 Slide #15
4
Evaluation and Accountability
• The Evaluation and Accountability Committee will
develop an Evaluation Plan based on the principles of the
Results-Based Accountability('RBA")framework.
• RBA is a national model and provides a disciplined,
data-driven,decision-making process to help local
governments take action to solve problems.
• An Evaluation Plan will help local governments apply
racial equity principles embedded into the Results-Based
Accountability(RBA)methodology into Racial Equity
Action Plans.
ORANGE COl1nfTY
5 ,,,� �
6
7
8 Slide #16
9
Advancing Racial Equity
• Questions
oauce couwrr
10
11
12
13 Commissioner Bedford thanked Annette Moore, and said it would be beneficial to have
14 Racial Equity training for Commissioners at the January retreat. She said the work is very
15 important, and Commissioners should have that vocabulary. She said Triangle J Council of
16 Government is incorporating these topics into meetings, and encouraging participants to think
17 broadly.
18 Commissioner Dorosin asked if the Town of Hillsborough is participating in the group of
19 governments in the cohort
20 Annette Moore said the Town of Hillsborough was not involved in the cohort, but is now
21 a member with CARE, and is included in the countywide initiative. She said this information will
22 be presented to the Town of Hillsborough on October 12, 2020, and she will attend this meeting.
23 Commissioner Dorosin asked if there was a timeline for the items that were mentioned,
24 and an arc over the next three months, six months, etc.
17
1 Annette Moore said the countywide team is focusing on creating timelines. She said she
2 wants to move faster than the rest of the group, and negotiations are underway.
3 Commissioner Dorosin asked if there will be interim updates like this evening.
4 Annette Moore said the racial equity plan should not take a long time. She said this is
5 just an outline of what needs to be done. She said it will take more time to complete the racial
6 equity index. She said they are currently working on the projects for GEAR specifically.
7 Commissioner Dorosin referred to the BOCC listening session about policing, and asked
8 if this fits into GARE in any way.
9 Annette Moore said the Human Relations Committee will be discussing this on Monday
10 night, and having a community conversation about what defunding the police means. She said
11 the GARE also seeks to provide racial equity training to boards and commissions.
12
13 Nancy Coston, Director of Social Services,joined the meeting at 8:44 p.m.
14
15 Nancy Coston said she was surprised that Social Service departments are not more
16 involved in these efforts, as it is appropriate and necessary for them to be involved.
17 Commissioner Price said she is excited about this work, and stressed the importance of
18 data collection and analysis.
19 Commissioner Greene said this was a really strong report. She asked if there are other
20 cities or government entities that have made significant changes, from whom Orange County
21 could learn.
22 Annette Moore said the premiere jurisdictions are King County (Seattle), Albuquerque,
23 Austin, and another place in Wisconsin. She said there are a few counties/states that may be
24 further along. She said she will pass along more information to the BOCC.
25 Commissioner Greene said it would be great to see this information.
26 Chair Rich said most Commissioners have received some training on racial equity.
27
28 4. Agricultural Preservation Board —Appointments Discussion
29
30 RECOMMENDATION(S): The Manager recommended that the Board discuss an
31 appointment to the Agricultural Preservation Board.
32
33 A motion was by Commissioner McKee, seconded by Commissioner Price to nominate
34 the Portia McKnight to the Agricultural Preservation Board
35
36 Roll Call ensued.
37 VOTE: UNANIMOUS
38
39 5. Animal Services Hearing Panel Pool —Appointment
40
41 RECOMMENDATION(S): The Manager recommended that the Board discuss an
42 appointment to the Animal Services Hearing Panel Pool.
43
44 Position #4 —To Be Determined
45
46 Chair Rich said the BOCC passed a policy that if one is on an elected board, one cannot
47 serve on an Advisory Board. She asked if that policy applies to this board, and to Bonnie
48 Hauser, who is a school board member and listed for this board.
49 John Roberts said the advisory board policy only applies to certain boards, and this
50 hearing panel is not covered. He said he is not sure if this would apply to Bonnie Hauser.
18
1 Chair Rich said there are two applicants for one position, but if Bonnie Hauser is no
2 longer allowed to serve, then there would be two positions, allowing both applicants to serve.
3 Commissioner Dorosin asked if either position needs to be filled by a Chapel Hill
4 resident.
5 Chair Rich said no.
6 Chair Rich said the position has been open since January, and the BOCC policy allows
7 a vacant position to be filled after 6 months.
8 Commissioner Price said she had the same question about Bonnie Hauser, but noted
9 that the new BOCC policy had no effective date.
10 John Roberts said the change is effective immediately. He said he has reviewed the
11 policy, and it does not apply to this hearing pool.
12 Chair Rich asked how the BOCC would like to proceed.
13 Commissioner Dorosin said he would like to get more information on why certain boards
14 are exempt from Advisory Board policy that was adopted on Tuesday, October 61h, 2020. He
15 said the BOCC may want to amend this new policy.
16 John Roberts said the reason some boards are not included is because it is an advisory
17 board policy, and this hearing pool is not an advisory board.
18 Chair Rich asked if Commissioner Dorosin wants to amend the advisory board policy.
19 Commissioner Dorosin said he would need more information from the Attorney.
20 John Roberts said he will have more information for the meeting on October 20, 2020.
21 Commissioner Price asked if task forces would fall under this policy as well.
22 John Roberts said the policy does not include taskforces, the election committee, or
23 other short-term committees.
24 Commissioner Price said the BOCC may want to consider this more in the future.
25
26 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
27 nominate Stacy Shakenal to the Animal Services Hearing Panel Pool.
28
29 Roll call ensued.
30
31 VOTE: UNANIMOUS
32
33 Commissioner Dorosin said he has a question for the Attorney that is covered as
34 privileged communication, and asked if he could send this question via email.
35 John Roberts said email is fine, but noted his response would have to go to the entire
36 BOCC, not just to Commissioner Dorosin.
37 Commissioner Dorosin said he understands, and it is completely fine to do so.
38
39 Adjournment
40
41 The meeting was adjourned at 9:02 p.m.
42
43 VOTE:
44
45
46 Penny Rich, Chair
47
48 Allen Coleman
49 Assistant Deputy Clerk II
50
51 Submitted for Approval by Gregory A. Wilder, Interim Clerk to the Board