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Agenda - 04-06-2021; 8-a - Minutes
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 6, 2021 Action Agenda Item No. 8-a SUBJECT: Minutes DEPARTMENT: Board of County Commissioners ATTACHMENT(S): INFORMATION CONTACT: Draft Minutes (Under Separate Cover) Laura Jensen, Clerk to the Board, 919- 245-2130 PURPOSE: To correct and/or approve the draft minutes as submitted by the Clerk to the Board as listed below. BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. Attachment 1: March 2, 2021 Virtual Business Meeting Attachment 2: March 9, 2021 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. Attachment l 1 1 MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 VIRTUAL BUSINESS MEETING 5 MARCH 2, 2021 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, 9 March 2, 2021 at 7:00 p.m. 10 11 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford, 12 and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, and Earl 13 McKee 14 COUNTY COMMISSIONERS ABSENT: NONE 15 COUNTY ATTORNEYS PRESENT: John Roberts 16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 17 Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified 18 appropriately below) 19 20 Chair Price called the meeting to order at 7:05 p.m., a few minutes late, due to technical 21 difficulties. 22 23 A roll call was called; all members were present. 24 25 Due to current public health concerns, the Board of County Commissioners (BOCC) is 26 conducting a Virtual Business Meeting on Tuesday, March 2, 2021. Members of the Board of 27 Commissioners participated in the meeting remotely. As in prior meetings, members of the 28 public were able to view and listen to the meeting via live streaming video at 29 http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on 30 channels 1301 or 97.6 (Spectrum Cable). 31 32 In this new virtual process, there are two methods for public comment. 33 • Written submittals by email 34 . Speaking during the virtual meeting 35 36 Detailed public comment instructions for each method are provided at the bottom of this 37 agenda. (Pre-registration is required.) 38 39 1. Additions or Changes to the Agenda 40 Chair Price requested to move consent agenda item 8-h to Proclamations/ Resolutions/ 41 Special Presentations, as well as allowing Katie Murray, Arts Commission Director, to present 42 about the Big Night In. 43 44 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton to 45 change the agenda as suggested. 46 47 Roll call ensued. 48 49 VOTE UNANIMOUS 50 2 1 Chair Price dispensed with reading the public charge. 2 3 Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks 4 those attending this meeting to conduct themselves in a respectful, courteous manner toward 5 each other, county staff and the commissioners. At any time should a member of the Board or 6 the public fail to observe this charge, the Chair will take steps to restore order and decorum. 7 Should it become impossible to restore order and continue the meeting, the Chair will recess 8 the meeting until such time that a genuine commitment to this public charge is observed. The 9 BOCC asks that all electronic devices such as cell phones, pagers, and computers should 10 please be turned off or set to silent/vibrate. Please be kind to everyone. 11 12 Arts Moment— No Arts Moment was available for this meeting. 13 14 2. Public Comments 15 a. Matters not on the Printed Agenda 16 17 Ellen Perry emailed a statement to Commissioner Greene, who read the statement on 18 her behalf: 19 20 Dear County Commissioners 21 22 My name is Ellen Perry and I live in in my own house on Starlit Dr. I am a woman with a 23 physical disability along with Intellectual Developmental Disabilities. I am also an advocate for 24 the community that has helped with other people in the community who have disabilities around 25 our community, statewide, and nationally. 26 27 1 understand that in Orange County is very unique. Cardinal is unique as well. I do not want to 28 lose what I have gained with the past several years. In my option, as a person with disabilities, 29 having Cardinal as my MCO had been very beneficial to me. Cardinal has helped me not have 30 to pay a very large amount to the state for a long time. I have a Care Coordinator that knows 31 who I am as a person and has taken the time to get to know me. She knows my wants and 32 needs. She knows how to talk to me like I am a person, and we get a long great. 33 Here are some reasons why I am happy with Cardinal: 34 • Happy with your care coordinator 35 • Do not want to lose services 36 • Not wanted to retrain someone for a different MCO 37 • Don't want to lose your self-determination wavier 38 • 1 do not want to train a new company on the wavier that I am on 39 • Not wanting to keep calling and checking in with the care coordinator about my stuff 40 • This will end my deal with Cardinal on my skill books to be used 41 • 1 am happy with my Care Coordinator. I feel it is better to have a person that I know and 42 who knows what I am capable of doing than having to tell someone new about who I am. 43 44 If you can keep the families that are happy at Cardinal at Cardinal and then the families that are 45 not happy go to alliance. A suggestion would be to have a survey for families that have services 46 through Cardinal and go from there. 47 48 Thank you for hearing me out, 49 Sincerely 50 Ellen Perry 3 1 2 Perrin de Jong said he is a Staff Attorney for the Center for Biological Diversity in 3 Asheville. He said he wanted to speak about the Buckhorn Area Plan. He said his Center 4 believes the Buckhorn Area Plan will threaten three species in a large area of the environment, 5 and he is specifically concerned about Seven mile Creek. He said the Neuse River Waterdog, 6 the Mad Tom catfish and the Atlantic Pigtoe muscle are all proposed to be listed as protected 7 under the endangered species act. He urged the Board of County Commissioners (BOCC) to 8 keep intact the status quo, and the Water and Sewer Management Planning and Boundary 9 Agreement (WASMPBA). He said he submitted written topics, and urged the Board to review 10 them. 11 12 John Dempsey, read the following statement: 13 1 welcome the Buckhorn Area Plan as an opportunity to discuss the future of Sevenmile Creek. 14 Much of the land classified as `developable' in the plan is problematic. Areas B and C have 15 drainage directly into Sevenmile Creek and D uses Sevenmile Creek as its southern border. 16 The December, 2020 draft of the Buckhorn Area Plan report states on page 30... 17 18 "These parcels contain two threatened or endangered bivalves known to live in the Neuse 19 drainages (including Sevenmile Creek). These species are threatened at a state level but are 20 not a federally listed species. It is not thought that these species would significantly restrict 21 development." 22 23 This is misleading. In addition to the mussels mentioned there are two species whose habitats 24 are on the Eno River, including a stretch that the United States Fish & Wildlife Service has 25 proposed to Congress for protections under the Endangered Species Act. In addition to the 26 Atlantic Pigtoe mussel there are the Carolina Madtom, a catfish, and the Neuse River waterdog, 27 a salamander. 28 29 Sevenmile Creek, is classified surface freshwater WS-11, a source clean enough for 30 drinking water supply and is nutrient sensitive. It runs into the Eno River within one 20+ 31 mile stretch of habitat that is currently under review for protection by Congress. More 32 than 10 years into this process, and with a new Congress in place, protections to prevent the 33 extinction of these North Carolina treasures could be characterized as "inches" away. 34 35 Why should we care? It is estimated that at least 47 species have become extinct 36 while awaiting final approval of protections under the Federal Endangered Species Act. 37 It is the decisions made by local jurisdictions such as this Board that offer the only 38 protection while this process of approval takes place. 39 40 The Board of County Commissioners should make no decisions that would lead to 41 lifting zoning that currently offers some protections for Sevenmile Creek. 42 Orange County, North Carolina and US residents, property owners, mussels, 43 catfish and salamanders would all benefit from studying conservancy options for the 44 area surrounding our Class II gem, Sevenmile Creek. 45 46 Rather than studying how to lift those slim protections under current zoning why 47 not put concerned residents, the Committee for the Environment, Orange County staff 48 and other resources to work studying options available that would guarantee owners 49 interests while protecting this treasure for future generations. 50 51 Fiona Johann read the following statement: 4 1 1 want to start by thanking the commissioners for listening to public comments made about the 2 Buckhorn Area Plan, and setting up a working session with Mebane City Council. I come to you 3 and the public today to share information I have about the Buckhorn Area Plan, as I believe the 4 best plans come from groups of interested and informed parties coming together. 5 6 To our residents, Orange County and The City of Mebane are working on a plan to extend the 7 economic development district in western Orange County. The first step in doing so was to 8 commission a study of land in the area, this study is known as The Buckhorn Area Plan. It 9 recommends extending the boundaries for industrial development and discourages rural 10 residential growth in favor of light industrial manufacturing. This is a major shift from the long- II standing land use plans for economic development, in place by both The City of Mebane and 12 Orange County. I encourage you all to view the 2030 Orange County Comprehensive Land Use 13 Plan and the Mebane by Design Plan and compare it to the proposed Buckhorn Area Plan. This 14 plan will encourage industrial growth around, not only, rural residential housing, but also 15 Gravelly Hill Middle School, local farms, Seven Mile Creek, and the soccer complex. 16 To the commissioners, I ask that you and the Mebane City Council members address at least 17 the following questions during the March 9 working session: 18 1. How and when will the public be able to engage? When will Orange County 19 Commissioners and Mebane City Council come together to hear from the public on this 20 matter? 21 2. If you feel you must continue with this area plan I ask you and the council members to 22 consider a binding agreement on a joint area plan instead of the BAP plan as it stands 23 now. The most important aspect of a binding agreement is that Orange County and 24 Mebane City would both need to agree on any rezoning in the area. This means that both 25 Orange County and Mebane City residents would have equal representation and be able 26 to weigh in on changes made to local zoning. 27 28 To both residents and Commissioners, I want to make clear that I do not oppose development 29 nor do I oppose neighbor's rights to sell their land. I appreciate and respect that we are in need 30 of jobs for our local residents and tax money for our municipalities. Industrial builds will not bring 31 the jobs our community is looking for, it is well known that industrial companies are moving 32 toward automation, not hiring large groups of people. Furthermore, the entire plan seems to 33 serve up land to developers on a silver platter while not addressing those who are currently 34 underserved in our community, helping the 1%, not the majority. I hope that our local 35 governments and community can come together and create a plan that truly would benefit the 36 citizens of the area and both governments. I ask our residents, council members and 37 commissioners to think outside the industrial box and come up with a better plan that helps this 38 area preserve the area's natural feel and supports its residents. 39 40 Margo Lakin said she is concerned about misleading advice from Planning Department, 41 to increase industrial development. She said the Buckhorn Area Plan will target Seven Mile 42 Creek. She said safe drinking water should be guaranteed for us all, and expressed frustration 43 over the continual rezoning of land. She said Seven Mile Creek is designated as a drinking 44 water source, a paramount reason to protect this gem. She said she gets the impression that 45 some see it as a loophole, and want to degrade this water source by a few levels to achieve 46 development goals. She said it so important to get the facts straight before any more decisions 47 are made, and Orange County turns into Flint, Michigan. She asked that the Commission for 48 the Environment be involved; a hydrology report be commissioned; a forensic audit on the 49 watershed be performed, etc. She said the County must balance its watershed checkbook. 50 51 Janine Zanin, showed maps to the Commissioners, and read the following comments: 5 1 My name is Janine Zanin and I live in Efland. If you are considering adopting any part of the 2 Buckhorn Area Plan, I'm asking you to please follow your own agreements and governing 3 documents before taking any action on expanding the existing utility service agreement with 4 Mebane. The Mebane City Council has said that the ball is in your court and they are waiting 5 for direction from you. I'd like to re-acquaint you with the plan from an Orange County 6 perspective because at your information session, you were presented with Mebane's maps, not 7 Orange County's. 8 9 This map here is a zoomed in version of the Orange County Future Land Use Map. I've drawn 10 in the "Future Growth Areas" proposed by the BAP so that you can see them in the context of 11 our land use map. As you can see, area B is currently zoned Rural Residential; areas C & D 12 are zoned Agricultural residential and are also predominantly located within critically protected 13 watershed, as is a portion of E. Area A is zoned Economic Development Transition. 14 By its own terms, the BAP recommends the expansion of manufacturing, wholesale, distribution, 15 and service uses in the "future growth areas." It recommends that Mebane expand the 16 Buckhorn Economic Development District and incorporate a new zoning district that encourages 17 documented research, office and manufacturing facilities in these "Future Growth Areas." 18 19 THIS IS A CHANGE TO OUR FUTURE LAND USE MAP AS WELL. To amend the Orange 20 County Future Land Use Map our own rules provide that the following must happen: 21 Signs are posted and notice is mailed to area residents. 22 The development advisory board considers the plan. 23 The planning board reviews the plan (and receives public comment). 24 A public hearing is held before the BOCC. 25 The BOCC makes a decision. 26 27 NONE OF THAT HAS HAPPENED. 28 29 The BAP also recommends extending sewer and water to the future growth areas. The county 30 is a signatory to the Water and Sewer Management, Planning and Boundary agreement in 31 which it has made collective promises with Chapel Hill, Carrboro, Hillsborough and OWASA. 32 Here's a close up of the map that goes along with that agreement. 33 34 Areas B, C, D & E all contain land where the county has previously agreed NOT to extend water 35 and sewer. That's the light yellow area. To change this agreement, requires the consent of 36 ALL PARTIES TO THE AGREEMENT. To withdraw from the agreement requires a public 37 hearing and written notice to all parties to the agreement within 30 days of the hearing. 38 39 NONE OF THAT HAS HAPPENED. 40 41 1 heard the planning department staff characterize the BAP as a "study" at your information 42 session. It also represented that no action had been taken yet. That isn't true. This plan was 43 presented to the Mebane City Planning Board on November 9th with a request to "Adopt the 44 Buckhorn Area Plan and Amend the Mebane Comprehensive Land Development Plan." Craig 45 Benedict, our planning director, was present at that meeting and participated in that meeting. 46 The Mebane Planning Board voted to adopt the plan and amend the Mebane Comprehensive 47 Land Development Plan. This was before ANY PUBLIC INPUT HAD BEEN RECEIVED ON 48 THE PLAN. The public information session was scheduled for the following day and the lucky 49 few who received notice (only those landowners who owned land within the proposed future 50 growth areas), only received a few days' notice of what was happening before the planning 51 board took a vote. 6 1 2 Orange County has essentially initiated an effort to get out of its responsibilities to its citizens by 3 bringing in the City of Mebane to do its dirty work. The plan is simple, advertise this as prime 4 Mebane industrial development land, and then get Mebane to annex it through the less 5 protective utility service agreement that we have with them. Then you don't have to deal with 6 messy public input or the opinions of your incorporated towns. At a time when respect for the 7 rule of law is at risk all over this country, I am certain Orange County can do better. 8 9 Patricia O'Connor read the following statement: 10 Good evening board members; 11 12 My name is Patty O'Connor and I live on Squires Road, directly across from the Medline 13 Warehouse. Thank you for allowing me the opportunity to speak this evening—my comments 14 are about the Buckhorn Area Plan. 15 16 My principal concern about the BAP is the speed with which a very complex plan seems to be 17 unfolding. I say this in light of the recent zoning changes and annexation of properties by 18 Mebane, specifically on the south side of West Ten Road. Two parcels on the south side of 19 West Ten Road have been rezoned from Residential/Ag to M2. One property was sold to 20 Medline and rezoned at the end of 2019—their plans to develop it are not immediate but most 21 definitely in the forecast. The second property, The Neyer property, close to the intersection of 22 Buckhorn, was just recently rezoned and two warehouses, totaling 500,000 square feet, is in the 23 works. This means a definite 1.7 million square feet of warehouse space with its accompanying 24 truck and car traffic on a quarter mile stretch of a 2-lane country road; a road that has a middle 25 school, a soccer field, a church and multiple residences. When the Medline parcel on the south 26 side is developed, a small, wooded community (mine) will be embedded in a rural industrial 27 park. 28 29 We really have NO idea what the impacts of this development, its traffic congestion, noise and 30 water run-off will be on the community and home property values. Because of this, I would like 31 to go on record as being opposed to approving the BAP in its current form and would like to 32 request that the BOCC allow time for more thoughtful discussion and public engagement before 33 making any kind of recommendation on this plan. 34 35 When I purchased my home, with due diligence I researched the surrounding zoning. I was 36 comfortable living across from the road from industrial development—I am not comfortable 37 being surrounded by it. Zoning is in place to offer some protection to property owners and I feel 38 the rug has been pulled out from under me. My way of life will be sorely impacted and my most 39 important investment put at risk. Please plan thoughtfully and carefully. Preserving the rural 40 character of our area is important. Development, other than a string of warehouses, is possible 41 for this area. 42 43 Catherine Matthews read the following statement: 44 When will enough be enough? Hello County Commissioners. My name is Catherine Matthews 45 and I hope you remember me from the Buc-ees provocation. Thank you for efforts to prevent 46 Buc-ees from becoming a welcoming symbol in rural Orange County and thank you for this 47 opportunity to address you again this evening. 48 49 Just as a reminder, I live in Efland, have lived here for 20+ years and my street, Chestnut Ridge 50 Church Road, runs north to Mt. Willing to the Interstate to what was once the future home of 7 1 Buc-ees and south to Buckhorn, to the looming home of who knows what industrial 2 development. 3 4 Once again, the Orange County Planning Department, this time in conjunction with the Mebane 5 City Council, has presumed to know what is best for our county and for our residents who live in 6 and near the Efland area. The Buckhorn Area Plan is a plan conceived in darkness and cloaked 7 in the betterment of our county by proposing to convert our rural lands into economic 8 development opportunities, whether we want them or not. And more importantly, whether they 9 are appropriate or not for the environment in which we live. 10 11 Yes, just like the proposed Buc-ees, The Buckhorn Area Plan's proposed industrial 12 development opportunities sit on top of a protected watershed, a watershed that provides our 13 drinking water, a watershed that replenishes our well water, a watershed that protects animals 14 and plants that have thus far received far too little protection. 15 16 The lack of planning by the Planning Departments of Orange and Mebane is staggering. We 17 have evidence that the stormwater runoff from the under construction Medline is bringing 18 sediment into the very waters of Seven Mile Creek that we must protect. 19 20 Those of us who have chosen to live in Efland have done so because of the rural character of 21 the area. Two weeks ago my husband and I hiked the Orange County Seven Mile Creek Natural 22 Area. It was easy to see the sediment loads from recent rains. If Orange County is not very, 23 very, very careful then soon our parks will resemble many parks in Cary and Raleigh where 24 attempts to preserve habitats have fallen far short due to the long reach of development— both 25 residential and industrial. 26 27 1 am opposed to the Buckhorn Area Plan. Area residents and commissioners need more time 28 for thoughtful discussion and public engagement before any additional action is taken on this 29 proposed plan. I strongly suggest that each of you drive by this area on West Ten, the site of 30 MedLine, to see the environmental devastation that has occurred and will now continue long 31 past our life spans in Efland. It is far easier to prevent environmental devastation than it is to 32 remediate it. 33 34 Del Ward said the opponents of Buc-ee's were not elitists, and he has similar concerns 35 about Buckhorn Area Plan as he did to Buc-ee's. He said most Orange County residents do not 36 know about the BAP, and the Planning Department has kept out public input. He said two 37 parcels of land are in a protected watershed, and surround Gravely Hill Middle School. He said 38 parents of children in schools need to be involved. He said more people will come to speak at 39 meetings if Planning does not include residents more, and the public has not had the proper 40 engagement, to which it is entitled. He asked the County to please slow this process down, and 41 encourage community engagement and public input. He said the current actions are a violation 42 of due process. He said he is anti-polluting water, not anti-development 43 44 Andrea Riley read the following statement: 45 46 The Orange County Board of County Commissioners has just had the opportunity to decide 47 whether protecting Seven Mile Creek, the Eno River, and the water supply for Hillsborough, 48 Raleigh and communities further downstream was more important than the tax dollars or jobs 49 that might have arisen from the development of a gas station on land that feeds those 50 waterways. For your sensitivity to the need for water protection, we thank you. Now you are 51 faced with the same dilemma again. 8 1 2 The push for industrial development in the Buckhorn Area Plan requires the rezoning of 3 agricultural and residential land, the extension of sewer and water to that land, and the 4 annexation of that land by the city of Mebane. Industrial development in this area will threaten 5 the same water supply that you wanted to protect by vastly increasing the amount of impervious 6 land in the Buckhorn Area and by creating ground water runoff which will carry immense 7 amounts of sediment into Seven Mile Creek, eventually polluting the Eno River and the water 8 supplies of communities downstream. Annexing by Mebane will create a way around the 9 existing water and sewer agreement signed by Orange County, Chapel Hill, Carrboro, 10 Hillsborough, and OWASA in 2001, the Water and Sewer Management, Planning, and 11 Boundary Agreement. This plan was created in order to share water and sewer obligations and 12 to protect the rural buffers of all of the communities in Orange County. The limits to the 13 extension of water and sewer provisions for these communities, and the protection of Orange 14 County's rural buffers agreed to in this plan need to be upheld. 15 16 Residents of Efland and northern Orange County have been promised water and sewer service 17 for a long time. The decision about whom to serve, however, has been decided by County 18 Planning in favor of industrial development and tax dollars instead of equitable service to all of 19 the residents of this county. Orange County residents need to be involved in the process of 20 deciding what kind of development should be undertaken in Orange County, where it needs to 21 be located, and who should benefit. 22 23 We hope that the Commissioners will take the time to learn about all of the issues involved with 24 the Buckhorn Area Plan. The protection of clean water, agricultural and rural buffer zones, and 25 residential zones; equitable access to water and sewer service for all Orange County citizens; 26 freedom from air, light, and noise pollution and from traffic congestion for nearby residents- all 27 of these issues should be considered and debated by citizens of Orange County and the Board 28 of County Commissioners. 29 30 We hope the BOCC will insist upon public input regarding the plan, will uphold the already 31 agreed upon Comprehensive Land Use Plan, Efland/Mebane Small Area Plan, Unified 32 Development Ordinance regulations, and Orange County Water and Sewer Management, 33 Planning, and Boundary Agreement, and will enter into a binding agreement joint-area plan with 34 Mebane so that both parties will be required to agree to any rezoning. The decisions made now 35 about development in Orange County will impact the environment and citizens of Orange 36 County for generations to come. We look forward to being able to engage with you on this 37 important area plan. Thank you. 38 39 Tim Spruill read the following statement: 40 41 Hello. I am Tim Spruill and a resident of Efland in Orange County. I am here today to bring your 42 attention to the Buckhorn Area Plan which this Board will focus on at the upcoming March 9th 43 meeting. I was not aware of the BAP, the plan that is being considered between Orange County 44 and the City of Mebane, until this last November. This plan has, before any public discussion or 45 comment, unofficially already been implemented, with the construction of Medline. In its current 46 form, it is a poorly thought-out plan that has in my opinion, severely ignored physical and 47 biological impacts on the primary water-supply for Hillsborough (the Eno River and the 48 contributing tributary, Seven Mile Creek) and on groundwater that provides local well-water 49 supplies and baseflow to Seven Mile Creek. Extensive creation of impervious surfaces will 50 ultimately severely damage Seven Mile Creek and potentially cause siltation and flooding issues 51 downstream. Most of the land within the Plan boundaries is in agricultural or rural residential 9 1 use. The BAP will create difficulties for people who live in these areas, which have been 2 previously zoned for these uses, by changing the zoning to industrial use categories. If the 3 development extends south of West Ten Road, this will violate the existing agreement 4 (WASAMBA) between Carrboro, Chapel Hill, and Hillsborough, which is intended to limit urban 5 expansion into rural areas. Mebane should honor this agreement before the BAP is ever 6 approved by the BOCC. There are multiple social, business, infrastructure, agricultural, traffic, 7 and environmental issues that will impact people who live in the area, as well as others in 8 Orange County. All of us, including you, the board of commissioners, need more time to 9 adequately evaluate and discuss a more rational, inclusive and generally acceptable Buckhorn 10 Area Plan. 11 12 The Orange County Planning Department must stop trying to manipulate the BOCC and the 13 public by keeping its plans under wraps until the last minute, much like what happened with the 14 Buc-ees Efland Station plan. It is supposed to be a democratic process. 15 16 I absolutely do not support the Buckhorn Area Plan in its current form-it is badly inadequate and 17 is a breach of public trust in the system. I strongly urge the Board of Commissioners to allow 18 much more time for public input and discussion, in order to ultimately produce a more broadly 19 acceptable and perhaps even good plan before approving. 20 Thank you for your consideration. 21 22 Jared Cates said he lives a mile and a half from Area E of Buckhorn Area Plan. He said 23 he works with a lot of Planners, and has always appreciated the Planning profession for 24 engaging the community. He said the AICP principles for planners places the highest priority on 25 responsibility to the public, and giving the public the opportunity to participate. He said most 26 planners have held that in the highest regard, insuring community engagement, bringing 27 information to the public, and being a sounding board. He said the current situation is really 28 confusing. He said he has never heard of the BAP, yet thought he had done his due diligence 29 when buying property. He said when the Mebane Planning Department passed the BAP he 30 reached out to Jesse Day, Director of Piedmont Triad Regional Council, and expressed concern 31 over the process. He said Jesse Day also expressed concern. He said this process is bad and 32 undemocratic, and asked the BOCC to pump the brakes to allow input from community. 33 34 b. Matters on the Printed Agenda 35 (These matters will be considered when the Board addresses that item on the agenda 36 below.) 37 38 3. Announcements, Petitions and Comments by Board Members 39 Commissioner Fowler said the Chamber of Commerce is leading a 10-week series on 40 Covid, and she gave opening remarks at the first session last week. She said she attended the 41 Pauli Murray awards last week, and they were very well done and very moving. She 42 congratulated all involved. 43 Commissioner McKee reiterated his suggestion that the BOCC consider moving back 44 into a public meeting format for the budget season. He said more vaccines are available; more 45 groups are eligible for vaccinations; and the Commissioners can move back into in-person 46 meetings to increase access for those who cannot join the meetings, due to technology 47 limitations. 48 Commissioner Dorosin asked if the legislative breakfast is still happening. 49 Laura Jensen said it is scheduled for April 19, 2021. 50 Commissioner Dorosin said he recently attended a Durham Tech board meeting, and 51 there is a priority focus on racial equity, especially due to Covid. He said given that Orange 10 1 County has prioritized Durham Tech's new building in the Capital Investment Plan (CIP), he 2 raised the question of renaming Durham Tech to include Orange County, as the school serves 3 multiple communities. He said he also raised the idea of adding representatives of Orange 4 County and Chapel Hill Carrboro City Schools to the Durham Tech Board, just as has been 5 done with the Durham Public Schools. 6 Commissioner Hamilton said she also attended the Pauli Murray Awards ceremony, 7 and was inspired. 8 Commissioner Greene said she also was impressed by the Pauli Murray awards, and 9 extended congratulations to the winners, participants, and planners. 10 Commissioner Bedford said the Pauli Murray Awards speakers and presenters were 11 very inspiring. 12 Chair Price said the Pauli Murray Awards ceremony was amazing, and she was pleased 13 to be there. 14 Chair Price said she attended a GoTriangle committee meeting, where a guest, Hill 15 Carroll, spoke about bringing World University Games to the Triangle in 2027. She said this 16 could be a revenue generator, and GoTriangle would be involved for providing transportation. 17 Chair Price said she attended a meeting regarding the Greene Tract. She said plans 18 are moving forward for a memorandum of understanding (MOU) and a public information 19 meeting. 20 Chair Price said that the Governor has eased some of the restrictions for COVID-19, but 21 everyone should still wear a mask, remain six feet apart, and get vaccinated when possible. 22 She said there is a basketball game this weekend in Chapel Hill against Duke, and the 23 university is making preparations to keep people safe and prevent spread of the virus. 24 Chair Price said she got a phone call asking about the libraries reopening, and asked if 25 the Manager would coordinate with the library director on this. 26 Chair Price said World Water Day is on March 22, 2021, asked if a resolution from 27 Brennan Bouma, Sustainability Director, could be prepared for the meeting on March 16t" 28 Commissioner Dorosin referred to the information about the Greene Tract MOU, and 29 asked if there is an update on this process. 30 Chair Price said the environmental study was completed, and the group talked about 31 how to work together, how decisions will be made, and how to inform the community at one 32 time, via a public information outreach strategy. 33 Commissioner Dorosin asked if there is a timeline for the MOU to come back to the 34 Board. 35 Bonnie Hammersley said the leadership went through the MOU at the last meeting, and 36 agreed to forward it to the elected bodies. She said it should come to the Board in April. She 37 said a major sticking point was whether there should be a majority vote or a unanimous vote. 38 She said the decision was made for it to be unanimous, but there is a clause that a party can 39 leave if it so chooses. She said the hope of the meeting was that all will work together. She 40 said the environmental assessment has been completed, and community meetings will be held 41 to explain the results. 42 Commissioner Dorosin asked if the environmental assessment has been sent to elected 43 officials and posted on the website. 44 Bonnie Hammersley said yes, because there was a Freedom of Information Act (FOIA) 45 request on the environmental assessment. 46 Commissioner Greene said this is the same MOU on which the Board was working 47 many months ago, which was paused to allow for the environmental study. She said the results 48 of the study are in line with what all expected. 49 Bonnie Hammersley said yes. 50 51 4. Proclamations/ Resolutions/ Special Presentations 11 1 2 a. Resolution Supporting the CROWN Act and Amending Chapter 12 of the Orange 3 County Civil Rights Ordinance 4 5 The Board considered voting to approve a resolution supporting local, state, and federal 6 laws that prohibit discrimination based on a person's hair texture or hairstyle if that style or 7 texture is commonly associated with a particular race, religion, or national origin; and also 8 adopting an amendment to the Orange County Civil Rights Ordinance prohibiting this 9 discrimination and authorizing the Chair to sign the resolution amending the Code of 10 Ordinances. 11 Annette Moore, Human Rights and Relations Director, stated the term "discrimination 12 because of sex" includes sexual orientation and gender discrimination. She said in the 13 ordinance, Section 12, 54-c, this resolution will make it unlawful to discriminate on the basis of 14 hair texture or hairstyle, if it is commonly associated with race, national origin, or religion. 15 Chair Price said the ordinance pertains to men and women. She read the resolution: 16 17 BACKGROUND: 18 The Resolution and Amendment support local, state, and federal laws that prohibit 19 discrimination based on a person's hair texture or hairstyle if that style or texture is commonly 20 associated with a particular race, religion, or national origin. Specifically, if those laws prohibit 21 discrimination based on hair texture or hairstyle when participating in federally, state, and local 22 assisted programs, housing programs, public accommodations, and employment. 23 24 While a wide range of hair textures are typical among people of African descent, the decision to 25 wear one's hair in a particular style is highly personal. The reason behind the decision may 26 differ depending on the individual. Some wearers adapt styles designed as "protective" to 27 maintain hair health, or as part of cultural identity, and or a variety of other personal, financial, 28 medical, religious, or spiritual reasons. There has been a widespread belief that Black 29 hairstyles are not suited for formal settings, maybe unhygienic, messy, disruptive, or unkempt. 30 In 2014, the U.S. Department of Defense generally prohibited Black hairstyles. After a backlash 31 by Black women serving in the Armed Forces, the ban was reversed in 2017, and the terms 32 "matted and unkempt" were removed from the appearance regulations. These changes 33 reflected a reevaluation of longstanding bias and discriminatory impact and the harms they 34 caused on the military troops. 35 36 A 2019 Joy Collective Study CROWN Research Study found that discrimination based on 37 hairstyles has a real, measurable social and economic impact on Black women. The Crown 38 Study also found that Black women were 80% more likely to agree with the statement that they 39 had to change their hair from its natural state to fit in at the office than White women. Wearing 40 one's hair in a natural or protective style may also have significant physical and psychological 41 harm to those who have to choose between maintaining their livelihood and education or their 42 cultural identity and hair health. Black women have faced significant socio-economic pressure 43 to conform to white or European beauty standards by straightening or relaxing their hair, which 44 can cause emotional distress, including dignitary and stigmatic harm. Because of this stress, 45 Black women are likely to spend more money on their hair, spend more money on professional 46 hair styling appointments and products, and experience anxiety related to hair. These 47 experiences highlight the consequences of being compelled to conform to the standards of 48 White and European beauty standards or stigmatized for wearing one's hair in a natural style. 49 50 The North Carolina Supreme Court, in 2003, declared the employment law section of the 51 Orange County Civil Rights Ordinance (the Civil Rights Ordinance") unconstitutional. Later that 12 1 year, the Board of Commissioners attempted to get statewide legislation passed that would 2 allow counties to pass local ordinances protecting the rights of residence against employment 3 discrimination. The legislation passed the House but stalled in the Senate. Today, North 4 Carolina does not have a statewide Fair Employment Law, nor does it allow localities to protect 5 its residents from employment discrimination. 6 7 Staff recommends the following: 8 9 1. Supporting H.R 5309, Creating a Respectful and Open World for Natural Hair 10 (CROWN) Act of 2020 prohibiting discrimination based on the individual's hair 11 texture or hairstyle. (See Report Accompany H.R. 5309) 12 13 2. Supporting a similar CROWN Act legislation in North Carolina AND a North 14 Carolina Fair Employment law to support the enforcement of the CROWN Act and 15 other employment discrimination laws in North Carolina 16 17 3. Amending Chapter 12 of the Civil Rights Ordinance to prohibit discrimination 18 based on a individual's hair texture or hairstyle, if the hair texture or hairstyle is 19 commonly associated with the person's race, national origin, or religion (including 20 a hairstyle in which hair is tightly coiled, locs, cornrows, twists, braids, Bantu knots, 21 and Afros) 22 23 The terms "national origin" and "religion" have the same meaning as in §12-6 of 24 the Orange County Civil Rights Ordinance. The terms "national origin," "religion," 25 and "race" include discrimination based on hair texture or hairstyle commonly 26 associated with a particular race, national origin, or religion (including a hairstyle in 27 which hair is tightly coiled, locs, cornrows, twists, braids, Bantu knots, and Afros). 28 29 30 ORANGE COUNTY BOARD OF COMMISSIONERS 31 32 RESOLUTION OF AMENDMENT 33 RESOLUTION IN SUPPORT OF ADOPTION OF THE CROWN ACTOR OTHER 34 LEGISLATION PROHIBITING RACE-BASED HAIR DISCRIMINATION IN ORANGE COUNTY 35 AND THE STATE OF NORTH CAROLINA 36 37 WHEREAS, Orange County is a community that prides itself on being composed of people who 38 value diversity of backgrounds, cultures, beliefs, traditions and experiences; and 39 40 WHEREAS, appreciation for diversity in all forms strengthens a community, fosters a welcoming 41 environment, and is critical to a thriving, successful city; and 42 43 WHEREAS, discrimination based upon natural hair texture and styles remains a source of racial 44 bias, impacting educational and employment opportunities for people of color, particularly 45 women and men of Black African descent; and 46 47 WHEREAS, Orange County has developed a locally applicable non-discrimination ordinance 48 that will prohibit discrimination in employment, public accommodations, and fair housing access 49 against individuals who wear"protected hairstyles," which is defined in the pending ordinance 50 as "any hairstyle, hair type, or hair texture historically associated with race such as, but not 51 limited to, braids, locks, twists, tight coils or curls, cornrows, Bantu knots, and afros"; and 13 1 2 WHEREAS, current state and federal law prohibit discrimination on the basis of race and 3 ethnicity in employment, public accommodations, housing and schools, yet offers no protection 4 to individuals with specific hair styles or textures related to race or ethnicity; and 5 6 WHEREAS, a national movement to address the effects of long-term, insidious race 7 discrimination in reaction to hairstyles and textures commonly associated with communities of 8 color is being spearheaded by the CROWN Coalition, a national alliance founded by Dove, the 9 National Urban League, Color of Change, and the Western Center on Law & Poverty; and 10 11 WHEREAS, with the assistance of the Coalition, a wave of legislation has been enacted across 12 the United States over the past eighteen months, both at the federal and state level, which 13 specifically adds race-based hair discrimination to the legal definition of race discrimination; and 14 15 WHEREAS, beginning in California in July 2019, The CROWN Act("Creating a Respectful and 16 Open Workplace for Natural Hair") now has been adopted in seven states and legislation is 17 under consideration in more than twenty other states, as well as in Congress; and 18 19 WHEREAS, at the federal level, the "CROWN Act of 2019" has been introduced by 20 Representative Cedric Richmond (LA-2) in the form of H.R. 5309 in December 2019 and by 21 Senator Cory Booker (NJ) in the form of S. 3167 in January 2020, and would amend a panoply 22 of existing federal civil rights law prohibiting race discrimination in federally assisted programs, 23 housing programs, public accommodations, employment, and access to equal rights under the 24 law; and 25 26 WHEREAS, the stated purpose of the identical bills is "to institute definitions of race and 27 national origin for Federal civil rights laws that effectuate the comprehensive scope of protection 28 Congress intended to be afforded by such laws and Congress' objective to eliminate race and 29 national origin discrimination in the United States"; and 30 31 WHEREAS, the pending federal bills include an initial section of Congressional "findings" 32 providing an eloquent and compelling argument for the necessity of the proposed Act, as 33 follows: 34 (1) Throughout United States history, society has used, in conjunction with skin color, hair 35 texture and hairstyle to classify individuals on the basis of race. 36 (2) Like one's skin color, one's hair has served as a basis of race and national origin 37 discrimination. 38 (3) Racial and national origin discrimination can and do occur because of longstanding 39 racial and national origin biases and stereotypes associated with hair texture and 40 style. 41 (4) For example, routinely, people of African descent are deprived of educational and 42 employment opportunities because they are adorned with natural or protective 43 hairstyles in which hair is tightly coiled or tightly curled, or worn in locks, cornrows, 44 twists, braids, Bantu knots, or Afros. 45 (5) Racial and national origin discrimination is reflected in school and workplace policies 46 and practices that bar natural or protective hairstyles commonly worn by people of 47 African descent. 48 (6) For example, as recently as 2018, the United States Armed Forces had grooming 49 policies that barred natural or protective hairstyles that servicewomen of African 50 descent commonly wear and that described these hairstyles as "unkempt". 14 1 (7) In 2018, the United States Armed Forces rescinded these policies and recognized that 2 this description perpetuated derogatory racial stereotypes. 3 (8) The United States Armed Forces also recognized that prohibitions against natural or 4 protective hairstyles that African-American servicewomen are commonly adorned 5 with are racially discriminatory and bear no relationship to African-American 6 servicewomen's occupational qualifications and their ability to serve and protect the 7 Nation. 8 (9) As a type of racial or national origin discrimination, discrimination on the basis of 9 natural or protective hairstyles that people of African descent are commonly adorned 10 with violates existing Federal law, including provisions of the Civil Rights Act of 1964 11 (42 U.S.C. 2000e et seq.), section 1977 of the Revised Statutes (42 U.S.C. 1981), 12 and the Fair Housing Act (42 U.S.C. 3601 et seq.). However, some Federal courts 13 have misinterpreted Federal civil rights law by narrowly interpreting the meaning of 14 race or national origin, and thereby permitting, for example, employers to 15 discriminate against people of African descent who wear natural or protective 16 hairstyles even though the employment policies involved are not related to workers' 17 ability to perform their jobs. 18 (10) Applying this narrow interpretation of race or national origin has resulted in a lack of 19 Federal civil rights protection for individuals who are discriminated against on the 20 basis of characteristics that are commonly associated with race and national origin. 21 (11) In 2019, State legislatures and municipal bodies throughout the United States have 22 introduced and passed legislation that rejects certain Federal courts' restrictive 23 interpretation of race and national origin, and expressly classifies race and national 24 origin discrimination as inclusive of discrimination on the basis of natural or 25 protective hairstyles commonly associated with race and national origin; and 26 27 WHEREAS, the Orange County Board of County Commissioners has the responsibility to 28 advocate on behalf of all of residents, and recognizes, as espoused by the CROWN Act of 29 2019, that "clear, consistent, and enforceable legal standards must be provided to redress the 30 widespread incidences of race and national origin discrimination based upon hair texture and 31 hairstyle in schools, workplaces, housing......and other contexts" and to "explicitly prohibit the 32 adoption or implementation of grooming requirements that disproportionately impact people of 33 African descent"; 34 35 NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of County 36 Commissioners hereby: 37 38 1. Supports the passage of H.R. 5309 Creating a Respectful and Open World for 39 Natural Hair Act of 2020 into law; 40 41 2. Requests the North Carolina General Assembly pass legislation similar to H.R. 42 5309 and a Fair Employment law that will protect all North Carolinians from all 43 forms of employment discrimination; and 44 45 3. Support the inclusion of religious discrimination as a category of protected class in 46 federal and state law. 47 48 BE IT FURTHER RESOLVED that the Clerk to the Board is directed to send copies of this 49 resolution to the Orange County delegation to the North Carolina Legislature, Governor Roy 15 1 Cooper, North Carolina Senators Richard Burr and Thom Tillis, and US Representative David 2 Price; and 3 4 BE IT FURTHER RESOLVED that the Code of Ordinances, Orange County, North Carolina, 5 Chapter 12, Section 54(c) be amended to add the following numbered section 12-54(c)(3), 6 which section reads as shown in the attached revised ordinance to prohibit discrimination in 7 Orange County. 8 9 This the 2nd day of March 2021. 10 11 Renee Price, Chair 12 Orange County Board of Commissioners 13 14 15 A motion was made by Commissioner Hamilton, seconded by Commissioner Greene, to 16 approve the Resolution and adopt the Ordinance and authorize the Chair to sign the Resolution 17 amending the Code of Ordinances. 18 19 Commissioner Dorosin asked if there is a reason why religious discrimination was 20 included under the resolved section, as religion is protected by the first amendment. He 21 expressed concern over inclusion of religious discrimination, as it could be used for justification 22 for non-compliance for non-discrimination laws. 23 Commissioner Dorosin said he would like to remove the third point under the "now 24 therefore be it resolved" section. 25 Commissioner Hamilton agreed. 26 Annette Moore said it is for protection of hairstyles that are associated with religions, like 27 Rastafarianism. She said she was not including religion as a protected class, but rather wanting 28 to insure that people would not be forced to change a hairstyle that is worn due to religious 29 reasons. 30 Commissioner Dorosin said the way the third item is written, does not reflect the intent 31 just outlined by Annette Moore. 32 Annette Moore said the background in the agenda abstract aligns with the third item. 33 Commissioner Greene said it would be better to phrase it as support for the inclusion of 34 religion as a protected class, rather than religious discrimination. She said overall she 35 supported Commissioner Dorosin's request that item 3 not be included. 36 Commissioner Dorosin said the ordinance is consistent with the way Annette Moore 37 described, but the resolution is not. He made a friendly amendment to remove item 3 under 38 "NOW, THEREFORE, BE IT RESOLVED." 39 Commissioners Hamilton and Greene accepted the friendly amendment. 40 Commissioner Fowler said there was a typo in the ordinance, "hair textures of hair 41 styles," which should read, "hair textures or hairstyles." 42 Chair Price said she the Clerk to the Board would correct the typos in the resolution and 43 the ordinance, as well as remove number three under"NOW, THEREFORE, BE IT 44 RESOLVED." 45 46 Roll call ensued 47 48 VOTE: UNANIMOUS 49 50 b. Resolution Recognizing March 3, 2021 as a Day of Reflection, Commemorating the 51 First North Carolinian Diagnosed with COVID-19 16 1 The Board considered voting to approve a resolution recognizing March 3, 2021 as a 2 day of reflection, commemorating the first North Carolinian diagnosed with COVID-19 and 3 authorizing the Chair to sign. 4 Chair Price asked Quintana Stewart, Public Health Director, to introduce the item. 5 Quintana Stewart said it is hard to believe it has been a year since the first Covid case 6 was identified in North Carolina. She expressed thanks to the Commissioners and the County 7 Manager's Office for their support over the last year. 8 Commissioner Hamilton read the resolution: 9 10 BACKGROUND: On March 3, 2020, Governor Roy Cooper identified the first case of COVID-19 11 as a person who had traveled to Washington State and was exposed at a long-term care facility. 12 The second case in NC was identified on March 6, 2020 in a person who had traveled to Italy. 13 By March 7th, NC had five new additional cases. On March 10th, Governor Cooper issued an 14 executive order declaring a State of Emergency. 15 16 As of February 24, 2021, Orange County has administered 26,716 first doses and 17,911 17 second doses COVID vaccinations. Frontline Healthcare workers, essential workers, first 18 responders, and a host of community volunteers continue to work tirelessly to vaccinate the 19 community. 20 21 22 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS 23 24 A RESOLUTION RECOGNIZING MARCH 3, 2021 AS A DAY OF REFLECTION, 25 COMMEMORATING THE FIRST NORTH CAROLINIAN DIAGNOSED WITH COVID-19 26 27 WHEREAS, North Carolina reported its first case of COVID-19 on March 3, 2020; and 28 29 WHEREAS, since the start of the COVID-19 pandemic, North Carolina has experienced nearly 30 845,000 COVID cases and 11,000 deaths; and 31 32 WHEREAS, Orange County has experienced over 7,500 COVID cases and 93 deaths over the 33 past year; and 34 35 WHEREAS, the United States has recently surpassed over 500,000 deaths from COVID-19; 36 and 37 38 WHEREAS, our frontline health care and essential workers have faced incredible challenges as 39 we battled the pandemic and continue providing the services our residents need; and 40 41 WHEREAS, the COVID-19 pandemic has taken a physical, mental and emotional toll on our 42 frontline health care and essential workers and residents; and 43 44 WHEREAS, our county, state and nation are grieving the hundreds of thousands lives lost as 45 well as personal, financial, economic and other impacts of the pandemic; and 46 47 WHEREAS, we continue to fight the pandemic by caring for those battling the virus, continuing 48 our research on treatment and prevention, and vaccinating our residents; and 49 50 WHEREAS, we will continue working together as a community until we can bring an end to the 51 COVID-19 pandemic; 17 1 2 NOW THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that 3 March 3, 2021 is declared a Day of Reflection for the lives lost and severely impacted by the 4 COVID-19 pandemic. This day will also recognize the hard work, dedication and sacrifices of 5 our frontline health care and essential workers that have selflessly served our community during 6 this time. 7 8 This the 2nd day of March, 2021. 9 10 11 12 Renee Price, Chair 13 Orange County Board of Commissioners 14 15 A motion was made by Commissioner Hamilton, seconded by Commissioner Dorosin, to 16 approve and authorize the Chair to sign the resolution recognizing March 3, 2021 as a day of 17 reflection, commemorating the first North Carolinian diagnosed with COVID-19. 18 19 Roll call ensued 20 21 VOTE: UNANIMOUS 22 23 Emily Ziegler, UNC Director of Local Government Affairs, said the battle is not yet over, 24 but reflected on the perseverance of the community. She said health care workers have worked 25 tirelessly over the past year. She said UNC Health is always here as a partner for Orange 26 County. 27 Commissioner McKee thanked the Health Department for everything it is doing to get the 28 community vaccinated. 29 Commissioner Bedford reiterated Commissioner McKee's remarks. She said she is 30 grateful for public health workers, and noted the care that the Health Department is working to 31 identify those in the community who are disproportionately harmed by Covid. 32 Chair Price said the work the Public Health Department is doing is phenomenal. 33 Quintana Stewart said North Carolina is ranked #1 from Kaiser Family Foundation for 34 vaccinating those over age 65. She said she will share the BOCC feedback with her 35 employees. She said UNC Health has been a huge partner, and she is grateful for the 36 community volunteers who have been assisting with the vaccine clinics. 37 38 c. Presentation on Orange County Bail Reform Initiatives 39 The Board received a presentation regarding the ongoing Bail Reform Initiatives in 40 Orange County facilitated by Jessica Smith, W.R. Kenan, Jr. Distinguished Professor and 41 Director of the Criminal Justice Innovation Lab at UNC's School of Government. 42 43 BACKGROUND: 44 In April 2018, the Orange County Board of Commissioners unanimously adopted a Resolution 45 Supporting 3 Days Count—A Nationwide Effort to Make Communities Safer and Ensure Better 46 Outcomes for All by Applying Common Sense Solutions to Widespread Pretrial Justice 47 Challenges. The Resolution recognized that pretrial detention, even for a few days, is de- 48 stabilizing to people's lives and can have severe consequences. The money bail system in 49 North Carolina disproportionately impacts people of color and those with insufficient financial 50 resources and does not adequately address true risk to the community. While Orange County 51 has implemented many of the evidence-based best pretrial practices including an internalized 18 1 Pretrial Services program in the Criminal Justice Resource Department (CJRD), the use of an 2 empirical risk assessment tool, providing defense counsel at the first appearance, the increased 3 use of pre-arrest diversion and citations in lieu of arrest, Orange County was still incarcerating 4 individuals on secured bonds in the majority of cases. 5 6 Since 2019, Orange County senior court stakeholders and the Criminal Justice Resource 7 Department have collaborated to implement new bail reform initiatives that build on the efforts 8 that have been underway here for many years. A Pretrial Work Group was established and led 9 by Senior Resident Superior Court Judge Allen R. Baddour. In addition to court, law 10 enforcement and pretrial services stakeholders, the Work Group includes Commissioner Renee 11 Price and bail reform advocates in Orange County. The Work Group received funding from the 12 County Manager, the CJRD and the District 18 Judicial Bar to contract with Professor Smith to 13 facilitate the design and implementation of these new initiatives. The goal of the Working Group 14 is to eliminate the unnecessary pretrial detention of individuals who do not present a significant 15 risk but who are detained pretrial because they are unable to afford money bonds imposed in 16 their cases. 17 18 The Work Group decided on two critical reforms to address initially: 19 A new structured decision-making tool to guide magistrates' bail decisions; and 20 A new decision-making process for responding to non-appearances in District Court. 21 22 Following many meetings and the support of all stakeholders, the decision-making tool became 23 effective in October 2020. The Non-Appearance policy became effective in January 2021. The 24 District 18 Local Bond Policy was amended to include these new reforms. 25 26 The CJRD supported the Criminal Justice Innovation Lab's application for grant funding to 27 complete an evaluation of the impact of these reforms. The grant funding was awarded and the 28 evaluation will examine the impact of the reforms on release conditions being imposed,jail 29 bookings, non-appearance rates, new pretrial criminal activity and other justice system metrics. 30 The funding also will support a validation of the County's pretrial risk assessment tool and 31 assistance to the Work Group and Judge Baddour in issuing a new, comprehensive local bail 32 policy. The Lab's first quarterly evaluation report is scheduled to be released in May 2021. 33 34 Caitlin Fenhagen, Criminal Justice Resource Director, introduced Judge Samantha H. 35 Cabe and Judge Allen R. Baddour. She made the following PowerPoint presentation. Bail Reform Initiatives in Orange County Presentation to Orange County Board of Commissioners March 2,2021 Business Meeting C art tin Fenhagen,CJRD Director Judge Alien R.Baddour,Senior ResEdent Superior CouaJudge Judge Samantha H.Cabe.Chief District CounJudge 36 _ 37 38 19 Inequities in Pretrial Release Practices Relianceon onlya money-based pretrial system is racially and economically biased.It auto mat 1 cal IVdisadvantages people of color,who are less likely to afford money bond. . African-Americansare 66%and Latino individuals are 91% more likelyto remain injail pretrial than similarly situated White individuals. Compared to White men charged with the same crime and with the same criminal histories,African-American men receive bail amounts 35%higher;Latino men receive bail amounts 19%higher. 1 2 3 Impacts of Pretrial Detention De-stabilization: employment, housing, family, health, later recidivism r Worse Case Outcomes: 4 x more likely to receive sentence of incarceration 3 x more likely to receive a longer sentence More likely to accept a plea when innocent 4 5 6 Benefits of Pretrial Reform for Orange County Reduce Inequities and Disparities Reduce Explicit and Implicit Bias k Using an Evidence-Based Tool to Assess Risk Promotes Safety r Pretrial Supervision and Accountability Allows for an Opportunity to Address Needs and Enhance Court Appearance Rates r Increase Stability and Improve Outcomes for Justice-Involved Individuals Reduce Pretrial Population and Costs to County bftbblm,, g 9 20 Understand the Costs l, Daily Cost of Incarceration - $l 11+ per day Jail Cast Allocation ae1 toes ce,ewr[ene S wec.� nli ndrd,eatGg, a 4D'47 ay..a u ulewn .,tea Iconr imne 5 1 2 3 Orange County Pretrial Practices Internalized Pretrial Services under❑RD Dedicated Case Manager with supporting behavioral health specialists to assist with case management needs Everyone booked is seen in-person by Case Manager and Intake Completed.Risk and Needs Assessed. Empirical Risk Assessment tool completed,information verified, summaries and recommendation provided prior to court First Appearances held at 2:(1 Mon-Fn an Misdemeanors, Felonies and Orders for Arrest District Attorney and PD Present CPS monitoring available only for higher risk individuals No cost to individuals for Pretrial supervision nu GPS Court date notification and check-ins are automated Data collected by Jail dashboard and CJRD Pretrial software Shrink the Funnel:Increased Use of Citations,Pre-Arrest Deflection Programs.Decriminalization COVID-14 Urgen[Measures Strike Order Hearings held Thursdays 4 IftIM111110m, 5 6 New Bail Reform Initiatives Pretrial Work Group created In early 2019 Mission:Eliminate unnecessary pretrial detention for individuals who do not pose a significant risk but are unable to afford a money bond .Members include:judge Baddour,judge Cabe,DAJim Woodall,Asst.PD Phoebe Dee,Chief Magistrate Tony Oakley,Commissioner Renee Price,CJRD Director and Pretrial Case Manager,Sheriff Charles Blackwood,Chapel Hill Police Chief Chris Blue,Clerk of Court Mark Klelnschmldt,community ball reform advocates ,Facilitation by UNC School of Government Criminal Justice Innovation Lab and professor Jessica Smith (support from County Manager,CJRD and District Bar) 7 8 9 Judge Allen R. Baddour presented the following slide: 10 21 Core Reforms New Structured Decision-Making Tool to Guide Magistrates'Initial Bail Decisions Lmk He,e Flowchart Matrix with Check ist Presumption far conditions other than a secured bond for Class 1-3 Misdemeanors Allows for Release to Pretrial Services Requires dccumentationfora secured(money)bond Form completed in every case Preserves magistrate discretion Implemented October 2020 1 hoftalls, 2 3 Judge Samantha H. Cabe presented the following slide: 4 Core Reforms New Decision-Making Process for Responding to Non-Appearances in District Court l irk Iir it Encourages alternatives to Orders for Arrest for Non- Appearance Applies only in District Court Suggests rescheduled court date for first non-appearance in low level misdemeanor cases Preservesjudicial discretion Judge completesform for each non-appearance explaining decision ImplementatfonJanuary 2021 bftl�5 6 7 8 Cait Fenhagen resumed the presentation: 9 Evaluation and Next Steps r•The Criminaljustice Innovation Lab was awarded a grant to execute an evaluation of the impact of these changes over the next year.The first report will be released in May 2021 The Lab will work with Judge Baddour and key stakeholders to finalize a new, comprehensive Local Bail Policy 10 liiiiiiiihoobwo.- 11 12 22 Questions/Concerns 1 2 3 Commissioner Bedford asked if Strike Order Court could be explained. 4 Caitlin Fenhagen said this is unique to Orange County. She said it is for when a person 5 fails to appear at court, and an order of arrest is issued. She said the person can come into 6 court, prior to being arrested, and ask the judge to strike the order and explain why they failed to 7 appear. She said every Thursday morning individuals can attend Strike Order Court, and do not 8 have to appear before a judge to request it, if it is their first time failing to appear. She said 9 those with multiple failures to appear give information to pretrial services, which is provided to 10 the judge, and hopefully that warrants a strike order. 11 Commissioner Hamilton commended everyone for the effort, and noted the collaboration 12 between Commissioners, Judges and Magistrates, the University, the criminal justice resource 13 center, etc. She said this is a model for other actions in the County. 14 Commissioner Dorosin echoed Commissioner Hamilton's comments and praise. He 15 asked if other states were researched in the design of this project, and if there are plans to 16 expand the project in the future. He also asked if this work is coordinated with other projects in 17 the County, such as the driver's license restoration project. 18 Judge Cabe said the driver's license restoration project was brought back into 19 discussions. She said, previously, individuals who failed to appear would be put in the 20-day 20 pile, and the license revoked by DMV. She said this practice was determined to be harmful, 21 despite the lack of arrest, and information is now provided with the reschedule information to 22 those who are not facing DWI charges. She said if people miss court twice, they are still 23 provided with restoration information when they do appear at court. 24 Caitlin Fenhagen said this work is completely integrated, and involved in the strike court 25 process. She said there is an intake, which identifies outstanding issues to help people. 26 Caitlin Fenhagen said Mecklenburg County has no money bond guidelines at all, and is 27 the only place in North Carolina to do so. She said five or six states have eliminated cash bail 28 altogether, but that presents its own problems as it allows people to be held under a 29 preventative detention statute, which can also lead to disparities. She said there are lots of 30 ideas nationally, but she would want to proceed cautiously when making changes. 31 Judge Baddour said Orange County is a model, and the work being done is forward 32 thinking and systemic. He said there is more work to do, and they will keep doing it. He asked 33 if people would forward ideas, as all are open to any suggestions. He said Orange County is at 34 the forefront of these issues, and he hopes all are proud of what is being done. 35 36 d. Women's History Month Proclamation (moved from Consent Agenda item 8-h to 37 Special Presentations) 38 39 The Board considered voting to approve a proclamation recognizing March 2021 as 40 Women's History Month in Orange County authorizing the Chair to sign. 41 Chair Price asked if Commissioner Greene would read the resolution: 23 1 2 BACKGROUND: 3 Celebration of Women's History Month had its roots in the socialist and labor movements in 4 New York City. The first "Women's Day" took place on February 28, 1909. The day honored the 5 one-year anniversary of the garment worker's strikes that had taken place in New York, where 6 thousands of women marched for economic rights. That strike followed another strike that 7 occurred in 1857 when garment workers marched for equal rights and 10-hour work days. 8 Within two years the event grew into an international event. In 1975, the United Nations 9 officially began International Women's Day; which will be celebrated on March 8th this year. 10 11 At the inception of Women's History Month, feminists in the United States saw the designation 12 of the month as a way to celebrate a history that had largely overlooked the contributions of 13 women in America. Women's History Month has its origins as a national celebration in 1981 14 when Congress authorized and requested President Jimmy Carter proclaim the week beginning 15 March 7, 1982 as "Women's History Week." In 1987, the Women's History Month Project 16 petitioned the US Congress to designate the month of March as "Women's History Month." 17 Ronald Reagan was the first president to proclaim March as Women's History Month. 18 19 Currently, local, state and federal governments annually proclaim March as "Women's History 20 Month." Each year the National Women's History Alliance declares a theme. The 2021 theme is 21 "Valiant Women of the Vote — Refusing to be Silenced." 22 23 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS 24 25 WOMEN'S HISTORY MONTH 26 PROCLAMATION 27 28 WHEREAS, American women of every race, class, and ethnic background have made 29 historic contributions to the growth and strength of our Nation in countless recorded and 30 unrecorded ways; and 31 32 WHEREAS, American women have played and continue to play critical economic, 33 cultural, and social role in every sphere of the life of the Nation by constituting a significant 34 portion of the labor force working inside and outside of the home; and 35 36 WHEREAS, American women of every race, class, and ethnic background served as 37 early leaders in the forefront of every major progressive social change movement; 38 39 WHEREAS, American women have been leaders, not only in securing their own rights of 40 suffrage and equal opportunity, but also in the abolitionist movement, the emancipation 41 movement, the industrial labor movement, the civil rights movement, and other movements, 42 especially the peace movement, which create a more fair and just society for all; and 43 44 WHEREAS, because of the courage of so many bold women who dared to transcend 45 preconceived expectations and prove they were capable of doing all that a man could do and 46 more, advances were made, discoveries revealed, barriers were broken and progress 47 triumphed; and 48 49 WHEREAS, despite these contributions, the role of American women in history has been 50 consistently overlooked and undervalued, in the literature, teaching and study of American 51 history; and 24 1 2 WHEREAS, the Orange County Board of County Commissioners on March 25, 1976, 3 established the Orange County Commission for Women to promote the growth and 4 development of all Orange County women and continue to promote the efforts of women and it 5 has been doing for more than 40 years. 6 7 NOW, THEREFORE, do we, the Board of Commissioners of Orange County, North 8 Carolina hereby proclaim March 2021 as "Women's History Month" and commend this 9 observance to Orange County residents and call upon them to celebrate the women in their 10 lives with appropriate programs, celebrations and activities. 11 12 THIS THE 2nd DAY OF MARCH, 2021. 13 14 15 Renee Price, Chair 16 Orange County Board of Commissioners 17 18 A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to 19 approve and authorize the Chair to sign the resolution recognizing March 3, 2021 as a day of 20 reflection, commemorating the first North Carolinian diagnosed with COVID-19. 21 22 Roll call ensued 23 24 VOTE: UNANIMOUS 25 26 Vicki Jones, Orange County Training and Performance Manager, said one of the 27 Department of Equity and Inclusion initiatives is to offer Virtual Lunch and Learns to the County. 28 She said the March Lunch and Learn will feature Dr. Joanne Wilson from Duke Health. She 29 invited the Commissioners to attend the Lunch and Learn, on Tuesday, March 16, 2021, and to 30 submit ideas for future Lunch and Learns. 31 32 e. Big Night in for the Arts (added to Special Presentations during Additions or 33 Changes to the Agenda) 34 Katie Murray made the following PowerPoint presentation: 35 i •rr one night,four counties. j Din us as we calla brate and suppurL the arts communities of the Trianple. Proceeds will fund arts programming,initiatives for equity in the arts,and arrs relief efform. 36 THURSDAY, 37 38 25 THE IMPACT • B! NIGH IN The arts has been one of the -�� � ' hardest-hit industries of the �• Coronavirus Pandemic. Eery part of the arts sector has been impacted: • Museums Actors THE IMPACT • Teaching spaces Dancers • Festivals&events Musicians • Live music venues Set builders • Galleries&retailers Visua3 artists • Theater&film venues SoundlNghting engineers • BI NIGH IN Dne year of closed arts venues: �p THE IMPACT OF COVID-19 =One year of unemployment for most creative workers =One year of lost tax revenue for local and state government =One year of no audience spending in neighboring businesses B[ NIGH IN OCAC Response: Orange County Arts Support Fund:$101,322 raised to date 10 11 Disbursed$lfifik state CARES grants and$5i]k county support grants Served as source of information for local arts community • • BI �N�GH IN FDUR ART5 COUNCILS TOGETHER WITH WRAL: 26 WHAT IS BIG NIGHT IN? BI NIGH IN 10. 10 A regional initiative that will be �� broadcast and lire streamed in partnership with WRAL, featuring performances frorr� local and national talent. Funds raised will help local artists and arts/cultural organizations begin their path to reca�ery. Bl NIGH IN CHAPEL HILL 1 �URHAM GARNER PITT56Q RO RALEIGH ik BRAN FORA 5[OTTY MIKE ARID.'.= M AN�OLIN ORANGE MARSA LIS MLLRE ERV WILEY 6EB�_= • B! NIGH IN • Jaki Shelton Green Sisters'Voices • C.J.Suitt Carlos Gonzales 27 • FredJoiner Voices Chorus • Jonathan Byrd Puppet5haw,lnc. • XOXOK Meet the Moment Art Walk • UNC Arts Everywhere FRANK Gallery • Hillsborough Arts Council Playmakers Repertory Company • The ArtsCenter Carolina Performing Arts • Ginger Wagg!Wild Actions Local public art FUNDSBl NIGH IN $263,00�four-countytatal as of March 1 ` `� i LOCAL SPONSORS: ' S MILL 19 HIGHROCK FARMS A-T-1 HOW - GASSILF 1_ 4AV5 Lr�� . . . Bl NIGH IN DONATE ONLINE»>>nNvw.BigNightln.arg �P CALL IN »>5pm-830pm on March 11 (numberTBA) TEXT»>Text`NIiTS"to 919-869-1015 -- = 1 NAG H • - � •� -- One night,four counties. Join us as we celebrate and support the arts communities of the Triangle. Proreeds wIN fund arts programming Initiatives far equity In the arcs,and arts relief efforts. THURSDAY,MARCH 71 17PM 28 1 Commissioner Greene said Katie Murray and others have raised over$100,000 for the 2 community. 3 Commissioner Fowler recognized the difficulties artists have faced over the last year, 4 including not being able to express their art. 5 Chair Price thanked those who put the event together, and encouraged the community 6 to watch. 7 8 A motion was made by Commissioner Fowler and seconded by Commissioner Hamilton 9 to recess the meeting for 3 minutes. 10 11 Roll call ensued 12 13 VOTE: UNANIMOUS 14 15 RECONVENE THE MEETING 16 17 Commissioner Fowler was not yet present, but due to a quorum of board members being 18 present, Chair Price asked for a motion to reconvene the meeting. 19 20 A motion was made by Commissioner Dorosin and seconded by Commissioner 21 Hamilton to reconvene at 9:22 p.m. 22 23 Roll call ensued. 24 25 VOTE: UNANIMOUS 26 27 5. Public Hearings 28 None 29 30 Commissioner Fowler returned to the meeting at 9:25 p.m. 31 32 6. Regular Agenda 33 34 a. 203 South Greensboro Project— Southern Branch Library and Skills Development 35 Center 36 37 The Board reviewed options and authorized the approach necessary to reconcile the 38 budget for the 203 Greensboro Project, which, at the completion of the Schematic Design 39 phase, is estimated to be $1,807,160 over the approved budget. 40 41 BACKGROUND: 42 At the March 10, 2020 Orange County Board of Commissioners Business meeting, the Board 43 approved a final scope and budget for the construction of the 203 Project, named for its address 44 at 203 South Greensboro Street, Carrboro, NC. This project is a joint venture between the 45 Town of Carrboro and Orange County that is intended to construct an Orange County Southern 46 library branch as well as permanent facilities for the Skills Development Center. The Town of 47 Carrboro's portion of the project includes meeting spaces, a small theater, and office space. 48 The proposed site of the development is an existing Carrboro municipal parking lot. 49 50 The design process began in April 2020 and involved a series of interviews and meetings with 51 the proposed building occupants. This work continued through the year and culminated in the 29 1 development of a Schematic Design (SD) including a detailed cost estimate. As shown in the 2 chart below, the total SD cost estimate was $2,592,533 over budget. Orange County's portion of 3 the project was estimated to be $2,409,812 over the authorized budget of$15.6 million. 4 Attachment 1 provides the detailed Schematic Desi n estimate for the project. Approved Project Budget $22,282,000.00 Schematic Design Estimate $24,874,533.00 5 Deficit -$2,592,533.00 6 7 Of the total estimated deficit, $2 million can be attributed to parking deck costs that exceeded 8 initial budget assumptions. The approved budget anticipated the construction of a pre-cast 9 parking deck costing $25,000 per parking stall. However, the limited size of the building site 10 imposed constraints that required the construction of a "cast in place" parking deck costing 11 $36,170 per parking stall. In addition, the original budget was based upon the construction of 83 12 Orange County parking stalls while the deck design requested by the building occupants 13 increased that total to 112 stalls. The foll wing chart summarizes this information. #of stalls Cost per stall Parking Cost original Parking Budget 83 $25,000 S2,075,000 14 Schematic Design Estimate 112 $36,170 $4,075,274 1 15 16 During December 2020, the project team conducted a Value Engineering (VE) exercise in an 17 effort to close the funding gap. A number of reduction strategies were employed, resulting in a 18 reduction of Orange County's portion of the deficit to $1,807,160. Attachment 2, the 203 19 Schematic Design Cost Reduction Summary, provides details regarding the VE efforts taken to 20 date. Attachment 3 provides a cost allocation matrix that divides the VE savings between the 21 Town of Carrboro and Orange County. 22 23 Several strategies can be used to reduce the remaining $1.8 million deficit. The following table 24 outlines different strategy combinations in five different options. 25 203 Project Budget Options Option 1 Option 2 Option 3 Option 4 Option 5 Eliminate 20 stalls from parking deck to Town $ (401,970) $ (401,970) $ (401,970) Ordinance minimums Eliminate an additional 20 stalls from parking deck and replace with offsite leased $ (780,788) $ (780,788) spaces Transfer FIFE to construction $ (447,775) $ (375,000) $ (84,390) budget Reduce STC rating in window glazing in 57% of windows, $ (117,827) $ (74,824) opt 1 and 36% opt 3 Reduce Construction Contingency from 5% to $ (58,800) $ (58,800) $ (58,800) 4.5% 30 Shell Out Library and Eliminate Library FFE $(1,262,000) Shell Out Orientation Room $ (63,000) Remove Outdoor Terrace and Green Roof $ (52,778) Total Cost Reduction $(1,807,160) $(1,807,160) $(1,807,160) Strategies Debt Finance Total Project $1,807,160 Deficit Debt Finance with $950,000 $857,160 in Project Offsets 1 2 Option #1 3 4 Reduce parking stalls to the number required under the Town's Land Use 5 Ordinance - $401,970 6 Through the design process, the facility occupants requested 20 more parking stalls than the 7 number that would be required under the Town's Land Use Ordinance. This request was made 8 prior to knowing the very high cost of the cast in place structure. Since these parking spaces 9 would be considered excess, this reduction can be accomplished without replacing those 10 spaces. 11 12 Reduce and replace an additional 20 parking spaces - $780,788 13 The Town's ordinance would allow the County to replace constructed parking spaces on site 14 with leased spaces in the surrounding area. The elimination of 20 additional spaces in the 15 parking deck would result in a construction cost savings of$780,778 and an addition of 16 approximately $6,000 to the annual operating budget to lease off site spaces. 17 18 Reduce furniture, fixtures, and equipment (FFE) - $447,775 19 The total FFE budget is $1,250,000. A portion of the FFE budget ($447,775) could be 20 transferred to the construction budget. This reduction would leave $802,225 for FFE and result 21 in reusing some of the existing classroom furniture, office furniture, and AV equipment. 22 23 • Reduce Sound Transmission Class (STC) rating of the window glazing in 57% of 24 the windows - $117,827 25 Sound Transmission Class (STC) is an integer rating of how well a building partition or window 26 attenuates sound. A reduction in the STC rating of window glazing will make the building 27 noisier. The windows will transmit more outside noise from traffic into the building. 28 29 Reduce construction contingency from five percent (5%) of construction costs to 30 four point five percent (4.5%) - $58,800 31 Reducing the project contingency to 4.5% would accomplish the remaining savings. Since this 32 project is using a Construction Manager at Risk construction method, the need for a robust 33 owner's contingency is slightly reduced. 34 35 Option #2 36 37 Option #1 Parking Reductions - $1,182,758 38 Utilize the same parking reduction strategies contained in Option #1 31 1 2 Smaller reduction of FFE -$375,000 3 A smaller FFE reduction would reduce the reuse of existing furniture and equipment. This 4 reduction would leave $875,000 for FFE. 5 6 • Reduce the STC rating of fewer windows - $74,824 7 This option reduces the STC rating on thirty-six percent (36%) versus fifty-seven percent (57%) 8 in Option #1. 9 10 Maintain construction contingency reduction from five percent (5%) to (4.5%) — 11 58,800 12 This option maintains the same contingency reduction as Option #1. 13 14 • Shell out orientation room - $63,000 15 The facility design currently includes an orientation room that is intended to support the Skills 16 Development Office as they introduce new clients to services offered by the office. This option 17 would shell out that room meaning that interior mechanical, electrical, structural, life safety, and 18 finishes would not be constructed at this time. Rather, the space would be ready for renovation 19 should funds become available. 20 21 Remove outdoor terrace and green roof- $52,778 22 The facility design currently includes an outdoor terrace that would be used for outdoor social 23 gatherings. Removal of the third floor outdoor terrace would eliminate a building amenity, but it 24 would not impair the services provided in the facility. 25 26 Option #3 27 28 The third reduction option would reduce the scope of the overall project that was approved by 29 the Board. It is included only to represent the full range of options available to eliminate the 30 estimated project deficit. 31 32 Reduce parking stalls to the number required under the Town's Land Use 33 Ordinance - $401,970 34 This option only reduces the number of parking stalls to the minimum required under the Town's 35 ordinance. This option does not contemplate replacing an additional 20 spaces with leased 36 stalls. 37 38 Shell out library and eliminate the library FFE budget - $1,262,000 39 This option would defer construction of the library portion of the facility but preserve the buildout 40 of the library at a future date when funds become available. Shelling out the space would save 41 $512,000. Since the library would not be functional, this option also eliminates $750,000 42 associated with the library's FFE budget. 43 44 Smaller reduction of FFE for Skills Development - $84,390 45 This reduction would leave $415,610 for FFE in the Skills Development Center which would be 46 sufficient to eliminate or minimize the reuse of furniture and equipment. 47 48 Maintain construction contingency reduction from five percent (5%) to (4.5%) — 49 58,800 50 This option maintains the same contingency reduction as Option #1. 32 1 2 Option #4 3 4 This option would increase the budgeted amount for the project to accommodate the schematic 5 design cost estimate. It would add $1,807,160 to the project budget. This option would require 6 a budget amendment. Borrowing an additional $1,807,160 would add up to $160,000 in annual 7 debt service payments. 8 9 Option #5 10 This option increases the project budget by $1,807,160 but also provides $950,000 in offsetting 11 project reductions in the Capital Investment Plan (CIP) to reduce the overall impact on the 12 County's debt requirements to $857,160. Specifically, the Board could choose to eliminate the 13 conservation easement project budgeted in Year 1 of the CIP and eliminate the Justice Center 14 generator project. The conservation easement project is funded by $500,000 in debt financing 15 while the generator project is funded with $450,000 in debt financing. This option would also 16 require a budget amendment. 17 18 Next Steps 19 Assuming that the library space is constructed and fully functional, it will require an increase in 20 annual operating costs of approximately $538,000. This new resource may also shift library 21 usage from the Chapel Hill library to the County's Southern Branch site. Since FY 14-15, 22 Orange County has contributed $568,139 annually to support library services to Orange County 23 residents who live outside the municipal limits of the Town of Chapel Hill. When the Southern 24 Branch Library is open, County staff will evaluate the impact the new branch has on the demand 25 for services at the Chapel Hill Library. This analysis will inform funding decisions that will be 26 necessary to operate the Southern Branch Library. 27 28 Travis Myren, Deputy County Manager made the following PowerPoint presentation: 29 Agenda Ittm GA. ORANGE COUNTY NORTH CAROLINA 203 South Greensboro Project Board of Orange County Commissioners March 2,2021 30 31 32 The 203 Project—An Evolution • Long His[aryot l]iscussion • CurrentGbrery lnvestrnents -Maln araneM-Nebamy3e -Cyfirary aMcouye Elememary Locailms-CanLorc sioo.iasanmw gemrg rase -ccn4 AW h chapH Hill Lb.T SM0,1a3Mnuei tyauiq famnbWm ORANGE COUNTY 33 �e„ mA 33 The 203 Project—An Evolution • D—rubcr2017-Execution a Joint DeveloprnentAgreeruent -Tam Am,,M .sn.- lrie Ana Center cr C—.. -o,a�.e.,,my sw.uem ara.en r�arary -cow�N'acoet Al.caliao-a1^a.rshared cone —TOW Prefect audgM-$B,r11r,50a • Spring 2020-Initial Cost Estimatesand Scope Adjustments —The A.Center el C.nbero Wihdr.w.from Pmlect due to Costs Town/ .5.950....her Ceunly Adds PennaneM 5he� 5kle DevW—it Center St 2,500 sW.re reel] Ceuity's Coat Alec.hm—56°A of Shared Cestz TOW Pw]eer eutlran.315005,3 ORANGE COUNTY uxoun� 2 3 The 203 Project—An Evolution • Spring 2020-Design Process Begins • Winter 2020-Schematic Design Cost Estirnates -comer coela-sz.aoe.elz GeerRmoel • Preliminary value I`ngineenng Reduce Core HmpM by 41ee1 A.lower Grade Cuanr. Vse Gypsue ireli of Meter h Soffi. —Remeve Tewasn Fkeiine and Suh i—wM Pallahed Ganerele 7—Value EnOlneenn0 Savin9a M02052 • Remaining PMACtDandt-$1807,163 w 5 6 ORANGE COUMY 7 �a�rra�w� 8 9 The 203 Project—Cost Comparison mioo.i.F: 3 ue,As3 3 fear sa f - �= 3 uvfon 1 fasa000 a - 3 eso 9 f r r a ORAhIGE CpifJl'if 10 11 12 34 The 203 Project—Parking Difference #ofstalls Costperstall Parking Cost Original Parking Budget 83 $25,000 $2,075,000 Schematic Design Estimate 112 $36,179 $4p75,274 Number of Stalls Increased by 28 -sss��n�,veaa vrro.,n Cana u9a om:,aRe • Costper Stsill reasedby$11,170 D.Iv (east h FI.-1e,F—I) 1 OrPAvar�i,10011NTY 2 3 The 203 Project—Options to Eliminate Deficit zo3 vrgiea saueae o�eigm r�nonl t�non� sluwoon 0 ..ate 4 ORALE 5 6 The 203 Project—Debt Analysis eebt Servile to General wrM.._._nue—Iva. ORANGE COUNTY 7 xn,uxo�m� 8 9 The 203 Project—Tax Equivalent Analysis Tar Equnalent eebt Servile—ly" Sn C—per$tOn Ve—n 10 ORAN%aC r iovn�uxoiww 11 12 35 The 203 Project-- Board Action • Approve one or more of the 20 Greensboro Street Project options outirned above.eliminate a projected 51,607,160 project deficit. • IPnecessaty,authorize staff to present a budget amendment at an upcoming meeting to effectuate the changes. 1 2 3 Commissioner Fowler referred to parking, and asked if these numbers were reached 4 through discussions with the construction manager. She said if the first twenty spaces are 5 removed, it adjusts the cost by $400,000, but removing the next 20 adjusts the cost by 6 $780,000. She asked if there is a reason for this difference. 7 Travis Myren said removing spots in increments of 40 adjusts the building's core and the 8 elevator would not have to go up as far. He said this adjusts the building's infrastructure. 9 Chair Price referred to the Justice Center generator, and asked if the impacts of deleting 10 this could be identified. 11 Travis Myren said the Sheriff's department is the only area of the Justice Center with an 12 emergency generator. He said if the power is out, court cannot meet until power is restored. 13 He said the new Clerk of Court requested the generator. 14 Commissioner Dorosin said he is most in favor of the last option, with offsetting capital 15 costs, and reduced incremental debt service by $85,000 a year. He said the County is currently 16 giving over$568,000 to Chapel Hill Library. He said if$85,000 is taken out of this funding, it 17 would cover the debt service increase. He said the money would still be related to library 18 services. He said does not want to cut the library or reduce the parking. He said reusing 19 fixtures and furniture from buildings and centers that will be vacated will reduce costs. 20 Commissioner McKee asked for clarification on differences between the approved 21 budget for the project, and the new costs for the schematic design. 22 Travis Myren reviewed them. 23 Commissioner McKee confirmed the combined cost for Carrboro and Chapel Hill, and 24 said Orange County would fund over half of the costs. 25 Commissioner McKee asked if the $2 million change is a result of the new schematic 26 design, and has come into play since last spring. 27 Travis Myren confirmed, and said this came into play in November 2020. 28 Commissioner McKee said he is concerned that the difference between pre-fabricated 29 versus poured in place was not known earlier in the design process. He said this seems like an 30 obvious factor to consider. He said the costs have been escalating, and he expects this to 31 continue. 32 Travis Myren said the guaranteed maximum price will be known in late September. 33 Commissioner McKee said the price could increase between now and September. 34 Travis Myren said yes, that is possible. 35 Commissioner McKee asked if there is a reason the BOCC is looking at this now before 36 the start of the budget process. He said he does not think it is financially responsible to borrow 37 even more money. 38 Commissioner McKee said he is not interested in building a shell building, and the 39 proposed savings is not that great, given the importance of the project. 40 Commissioner Greene said the reason the BOCC is looking at this tonight is because 41 Carrboro has to get approval from the Local Government Commission (LGC) for their funding 42 process. 36 1 Commissioner Greene said this branch library has been discussed for a long time, and 2 this discussion at the meeting is part of the political process. She said Carrboro considered the 3 parking issue for a long time. She said she is not interested in changing the parking structure. 4 She said she is most interested in options 4 and 5. She said under option 5, the County could 5 reduce payments to the Chapel Hill Library, once the new library begins attracting patrons. 6 Commissioner Bedford asked if reviewing the CIP would delay the project by 3 months. 7 Travis Myren said if there is a delay, the next opportunity to get a borrowing package in 8 front of the LGC was January 2022. 9 Commissioner Bedford said she would like to take the time to understand how it impacts 10 the CIP, and possible tax rate increases. She said she is not interested in a shell building and 11 wants to preserve the parking spaces. She said the BOCC will hear from the Behavioral Task 12 Force in April, as well as from the schools, and so many needs are unknown at this time. She 13 said the BOCC does not have updated revenue projections, and it is important to consider the 14 things that counties are required to do, like maintenance at the schools and courts. She said all 15 County projects have an equity element. She said she wants to see the full picture with the 16 budget. 17 Commissioner Hamilton asked if Carrboro's timeline could be identified. 18 Bonnie Hammersely said there is a requirement for a decision within 45 days of the end 19 of schematic design, which is March 7, 2021. She said there is liability if the Board does not go 20 forward with the project after that date. She said, because of audits, the timing of when a 21 financing package goes before the LGC is significant. She said there can be delays to review 22 and approval, if the package is submitted too late. She said the final design will be done by 23 September, so the project can go before the LGC. 24 Commissioner Hamilton asked if September is the real deadline. 25 Bonnie Hammersely said yes, September is the deadline for the maximum spending to 26 be known. She said in order to get everything done by September the design process needs to 27 be started. She said it could not start until the schematic phase was done, which was just 28 completed after a period of pause. 29 Commissioner Hamilton asked if holding a decision on the project for a month would 30 affect the design process. 31 Bonnie Hammersley said yes, waiting would make the design timeline too tight, and 32 getting in front of the LGC would not be possible. 33 Commissioner Hamilton asked how the project got into this situation. She said the 34 County is in a corner. 35 Bonnie Hammersley said the County is not managing this project. She said the parking 36 question has been discussed for several years. She said the timing is unfortunate. 37 Commissioner Hamilton expressed concern about not funding the Justice Center 38 generator, due to the impact on those who are in the court system. She said access to the 39 courts is important. 40 Chair Price asked for an explanation on the conservation easement, and the pros and 41 cons of eliminating. 42 Travis Myren said there was $1 million in the conservation easement project. He said 43 two projects will likely closely in by the end of the fiscal year, which would leave a remaining 44 balance of about $400,000. He said the next time the County could borrow for conservation 45 easements is 2023. 46 Chair Price asked if there is a reason why the County went from 42% funding to over 47 50%. She said she understands that one partner pulled out, but wants to understand why the 48 County is responsible more than 50% of the project. 49 Travis Myren said the increase is a result of locating the skills development center at the 50 site. 37 1 Commissioner Dorosin said the most important thing is the development agreement that 2 the County signed. He said he feels the County is bound to that agreement, and the County 3 has a long-term commitment to the project. He said there is an important racial equity aspect to 4 it. He said the property is currently used as a parking lot, so the parking needs are important to 5 the project. He said, with any delay, the County can expect the costs to go up. 6 Commissioner Dorosin said he was not sure how valuable the generator would be to the 7 courthouse, given that a power outage would affect many other people in the community. He 8 said almost half of the users of the Chapel Hill Library come from out of town. He said the 9 library has been closed the last year, but the County still gave over$500,000. He referred to 10 school capital projects, and said he will want to know how money was used last year, given the 11 absence of students from the buildings. He said he hopes that projects were addressed. He 12 said budget adjustments can be made throughout the year, and he felt that revenues will 13 improve. 14 Commissioner McKee asked if the liability of not meeting the March 7, 2021 deadline 15 could be identified. He said he feels that he is being rushed into making a decision, due to 16 Carrboro instructing the designer to go ahead with the design process. 17 Bonnie Hammersley said Carrboro has instructed the design process to proceed. 18 Commissioner McKee said he feels that his back is against the wall, and Carrboro made 19 a decision without talking to its partners. He asked if missing the September deadline would kill 20 the project. 21 Bonnie Hammersley said Carrboro does not want to abandon the project. She said staff 22 has been working for a while on various options for providing parking, and she apologized for 23 the Commissioners feeling rushed. 24 Commissioner McKee said he supports building the parking spaces and having a final 25 building constructed, rather than a shell building. He said he wants to wait until the guaranteed 26 maximum price is available, and look at the building with the other budget and CIP issues. He 27 said a delay at this point is not significant, given the length of time the project has been 28 discussed. 29 John Roberts said if a decision is not reached, both parties could walk away without any 30 penalties, and just responsible for their own costs. He said if neither party wants to walk away, 31 then there are fewer liability concerns. 32 Commissioner Greene said there is no desire to walk away from the project, and the 33 County entered into a development agreement. She said she feels the generator for the court 34 system is important, but it was added at the request of the new Clerk of Court, and she feels it 35 could be removed from the list. She referred to the conservation easements, and said she 36 would like to soften the blow by reducing the contingency fee. She referred to the windows, and 37 would be interested in option 2, knowing that windows can be replaced at a later time. She said 38 this option would bring the conservation easement down by a few hundred thousand dollars. 39 She said everyone wants to support this project, and, in general, this has been a good 40 partnership, and she wants the County to come to the table. 41 Commissioner Fowler said the rental income for the parking spaces would take 130 42 years to make up for the costs of the parking spaces, and this is an expensive way to increase 43 economic development. She said she would take funding from the conservation easements, as 44 well as the justice center generator, plus Option 1-rows 3, 4, and 5, which would leave $300,000 45 to be financed by debt. She said if the BOCC must make a decision tonight, she wants to 46 minimize the debt financing. She said this is a nice project, and something the County would 47 very much like to do, but the County has obligations, such as school construction. She said 48 she would like to reduce the amount of parking, in an effort to reduce the amount of cars, in 49 favor of public transportation and biking. 38 1 Commissioner McKee said a reduction of 20 parking stalls in Option 1, in addition to 2 Commissioner Fowler's suggestions would provide enough money to make up the difference in 3 costs. 4 Chair Price said she wanted to move forward on the project, as the library is an essential 5 community resource for families and for providing equity. She said the location is a good home 6 for the skills development center. She said the BOCC has to move forward and cannot 7 stagnate, despite the pandemic. She said any changes made are budget amendments to this 8 year's budget. She said she is interested in options 1 and 5. She said the windows could be 9 removed and existing furniture can be reused, but she wants to keep the parking spaces. She 10 said she would be willing to delay the conservation easements, and forego the court generator. 11 Commissioner Dorosin asked if, in the future, funds could be moved around again, if 12 revenue projections change. 13 Bonnie Hammersley said yes, funding is only adopted for 1 year, and changes can be 14 made to the plan at a later date. She said power outages typically do not happen at the justice 15 center, as the court usually shuts down when there is bad weather. 16 17 A motion was made by Commissioner Dorosin to transfer the FFE in Option 1, reduce 18 the construction contingency, reduce the STC rating for window glazing to 36%, remove the 19 justice center generator and delay the conservation easements. 20 21 Commissioner Bedford asked if changing the windows affects energy efficiency. 22 Steve Arndt of Asset Management Services said the energy efficiency remains intact. 23 24 Commissioner Fowler seconded Commissioner Dorosin's motion. 25 26 Commissioner McKee asked if these changes total $1.5 million in savings. 27 Travis Myren said yes. 28 Commissioner McKee offered a friendly amendment to reduce the parking stalls by 20, 29 and to reduce the degree of reuse in FIFE. 30 Commissioners Dorosin and Fowler did not accept the amendment, and said the 31 remaining amount would be funded by debt. 32 Commissioner Bedford said she supports the motion, and wants to see the usage of the 33 library before removing funding from the Chapel Hill Library. 34 Commissioner Bedford asked for clarification of moving CIP budget amounts around 35 within 5 years. 36 Travis Myren said moving items around within the five years would not affect the overall 37 tax rate impact. 38 Commissioner McKee said he will support this motion, but he was frustrated by having to 39 act fast on the project. He said he is pleased to see the support the library has among the 40 Commissioners. He agreed with Commissioner Bedford about observing usage numbers, and 41 possibly renegotiating the funding for Chapel Hill Library down the road. 42 43 Roll call ensued 44 45 VOTE: UNANIMOUS 46 47 7. Reports 48 NONE 49 50 8. Consent Agenda 51 39 1 • Removal of Any Items from Consent Agenda 2 • Approval of Remaining Consent Agenda 3 • Discussion and Approval of the Items Removed from the Consent Agenda 4 5 Item 8-h was approved earlier in the meeting during Special Presentations. 6 7 A motion was made by Commissioner Greene, seconded by Commissioner McKee, to 8 approve the remaining consent agenda items 9 10 Roll call ensued. 11 12 VOTE: UNANMIOUS 13 14 a. Minutes 15 The Board approved the draft minutes for the January 22 and 23, 2021 virtual Board of County 16 Commissioners retreat. 17 b. Motor Vehicle Property Tax Releases/Refunds 18 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle 19 property tax values for five taxpayers with a total of five bills that will result in a reduction of 20 revenue. 21 c. Property Tax Releases/Refunds 22 The Board adopted a resolution, which is incorporated by reference, to release property tax 23 values for twelve taxpayers with a total of nineteen bills that will result in a reduction of revenue. 24 d. Applications for Property Tax Exemption/Exclusion 25 The Board considered three untimely applications for exemption/exclusion from ad valorem 26 taxation for three bills for the 2020 tax year. 27 e. Fiscal Year 2020-21 Budget Amendment#8 28 The Board approved budget and grant project ordinance amendments for fiscal year 2020-21 29 for the Department on Aging; Housing and Community Development; Board of Elections; 30 Orange County Public Transportation; Health Department; and Arts Commission. 31 f. Updates to the Assistance Policies for the 2020 North Carolina Housing Finance 32 Agency (NCHFA) Urgent Repair Program (URP20) and Essential Single-Family 33 Rehabilitation Loan Pool (ESFRLP20) 34 The Board approved and authorized the County Manager to sign the revised URP20 and 35 ESFRLP20 Assistance Policies, thereby adopting the revised policies. 36 g. Robert & Pearl Seymour Center Corporate Water Easement and Dedication Letter with 37 Orange Water and Sewer Authority (2551 Homestead Road, Chapel Hill) 38 The Board: 39 1) Approved a Corporate Water Easement and dedication letter with Orange Water and Sewer 40 Authority (OWASA) for the Robert and Pearl Seymour Center; 41 2) Authorized the Chair to sign the Corporate Water Easement paperwork upon final County 42 Attorney review; and 43 3) Authorized the County Manager to sign the Dedication Letter upon final County Attorney 44 review. 45 46 9. County Manager's Report 47 Bonnie Hammersley referred to the requests to reopen the library, and said many library 48 staff are assigned to work at vaccination clinics or to respond to calls. She said these 49 employees are not essential employees, and do not qualify for the vaccination yet. She said, 50 therefore, the library will remain closed for the time being. 40 1 Bonnie Hammersley reminded the Commissioners that the City of Mebane will be 2 present at the March 9th work session. 3 Commissioner McKee asked for confirmation that the waitlist for vaccinations is updated 4 regularly, 5 Bonnie Hammersley said the list is reviewed regularly, and the Health Department said it 6 is quite accurate. 7 Commissioner Hamilton reminded everyone that there are other partners throughout the 8 community that can provide vaccinations. 9 Commissioner Greene said the county makes it easy to opt out of the waitlist if you get 10 vaccinated elsewhere 11 12 10. County Attorney's Report 13 NONE 14 15 11. *Appointments 16 NONE 17 18 12. Information Items 19 20 • February 16, 2021 BOCC Meeting Follow-up Actions List 21 • Tax Collector's Report— Numerical Analysis 22 • Tax Collector's Report— Measure of Enforced Collections 23 • Tax Assessor's Report— Releases/Refunds under $100 24 25 26 13. Closed Session 27 NONE 28 29 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin, to 30 adjourn the meeting at 10:49 p.m. 31 32 Roll call ensued 33 34 VOTE: UNANMIOUS 35 36 37 Renee Price, Chair 38 39 40 Laura Jensen 41 Clerk to the Board 42 43 Submitted for approval by Laura Jensen, Clerk to the Board. Attachment 2 1 1 MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 VIRTUAL WORK SESSION 5 MARCH 9, 2021 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Virtual Work Session on Tuesday, 9 March 9, 2021 at 7:00 p.m. 10 11 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford, 12 and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, and Earl 13 McKee 14 COUNTY COMMISSIONERS ABSENT: NONE 15 CITY COUNCIL MEMBERS PRESENT: Mayor Ed Hooks, Mayor Pro Temp Jill Auditori, 16 Everette Greene, Patty Philipps, Tim Bradley and Sean Ewing. 17 CITY COUNCIL MEMBERS ABSENT: NONE 18 COUNTY ATTORNEYS PRESENT: John Roberts 19 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 20 Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified 21 appropriately below) 22 23 Chair Price called the Board of County Commissioners meeting to order at 7:00 p.m. 24 25 Due to current public health concerns, the Board of Commissioners is conducting a Virtual Work 26 Session on Tuesday, March 9, 2021. Members of the Board of Commissioners participated in 27 the meeting remotely. As in prior meetings, members of the public were able to view and listen 28 to the meeting via live streaming video at http://www.orangecountync.gov/967/Meeting-Videos 29 and on Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). 30 31 A roll call of the County Commissioners was called; all members were present. 32 The City Council of Mebane was present for the beginning of the work session for a 33 presentation on the Buckhorn Area Plan (Study). 34 Ed Hooks, City of Mebane Mayor, called the City of Mebane meeting to order. All 35 members of the City Council were present. 36 Chair Price welcomed the Mebane City Council, and invited everyone to introduce 37 themselves. 38 39 1. Joint Discussion with Mebane City Council on Buckhorn Area Plan (Study) 40 The Board received a short presentation on the Buckhorn Area Plan (Study) and discuss 41 with the Mebane City Council. 42 43 BACKGROUND: 44 Orange County utilized funds available in the FY 2019-2020 budget to reimburse the City of 45 Mebane for half of the consulting expenses of the Buckhorn Area Plan. The original goals have 46 been to work together with a consultant to further analyze areas within Orange County— 47 adjacent to and near Mebane — and to develop recommendations for a growth strategy. In 48 January 2020, the Piedmont Triad Regional Council (PTRC) was selected as the consultant, 49 and beginning on February 6, 2020, Orange County, the City of Mebane, and PTRC have met 50 monthly to discuss the geographic area of the study, the parcel development suitability criteria 51 and mechanisms for feedback on the analysis. 2 1 2 The City of Mebane and Orange County hosted an open house virtual meeting with the public 3 on November 10, 2020. The meeting was held via Zoom and welcomed guest questions, 4 comments, and concerns after a short presentation on the overview of the plan. The Mebane 5 City Council discussed the Buckhorn Area Plan at meetings in December 2020 and in January 6 of this year. The City Council agreed to take NO action on the Buckhorn Area Plan until Orange 7 County reviewed the Plan and offered comments. The Orange County BOCC received a 8 presentation on the Plan at its February 16, 2021 Business Meeting and scheduled this item for 9 discussion with Mebane City Council. 10 11 THE BUCKHORN AREA PLAN (STUDY): 12 A copy of the full document can be downloaded via the following link: 13 https://www.ptrc.org/Home/ShowDocument?id=10489 14 15 The study uses GIS mapping to determine parcels most suitable for development within the 16 focus area. The process allows for a technical review of multiple development factors including: 17 developable acres, preservation areas, mean slope, watershed, sewer infrastructure, water 18 infrastructure, interstate access, interstate visibility, roadway access, and access to existing rail. 19 Through the scoring analysis, most suitable parcels and five potential areas for growth are 20 identified (Attachment A). 21 22 Attachments B through E are provided in response to questions and requests from Members of 23 the Board of Commissioners at the February 16 BOCC Business Meeting. 24 25 Cy Stober, Mebane City Development Director, made the following PowerPoint 26 presentation: 27 Buckhorn Area Plan March 9,20217pm Joint Meeting d Mebane City Council and Board of orange County Commissianers 28 29 30 PROJECT STAFF Gt fMebane [y s oP om.m olr.ator cm uF Maaaire ora conm .rC"t�c�e,altn PbnnlnP aM Inspcctbm 04recrer Tem ARbl,AICP Comprehenslm PWnnlnB SupeMsor Tem Ten Fyek Tanspertatien/Calk Use Plannerll Pi.tlmont lrbtl Re len.l "bnal PWnner M.1Gh F.rd GISM.n.ger less.U.y,AKP Reg- Plannrn Uirector 31 o w z 32 3 1 6 PWD]ELTa 6 PAN NEED 8 HISTORYON SEWERfN jl-lNGPEEMEM 9 RIAVEDD9 AEL)=1aANTPLANS 9 REIfYPNT PLANS v uuanesolwnoa II STl1D I l WD U E S Il ENYIRONMENT IE IwFRN51RMCTURE �ATioN DEv¢aW�e SI INDI-1511 ANO WMMERCML PDRNFIAL 3E PERFDRMANCE—ED INCENTNES 19 SMALL FIDSINE55 GP➢NT PROGILAM 35 Ptn3LPC W➢TIE r tUR(.'©. 2] METHODOLOGY ANALYf7S 27 PARCEL PNALY515lAYfRS 1,—t6E ~ 6C L,WATER SLAVER AGREEMENTFMFNSION Afl anlwNlLroLJN-151>NIL'15 :..ry Wa NDASPECTS www.ptrc.org/Buckhorn 2 44 ;H'r ION,I 3 4 An Arvalyszalz ARemnlrtg Study — - Po[en'al ll<Iry a 4 -. A�nan ReRVnetl by Aswerms�PPr,N SFate law Eminent DRmaln ��i<L Pn Expans on of Ne Pn Pnne�tion Shay � Clly's EutVre 6icw[M1 5 6 7 AI AI: ARemning5atly _ N[illty Porvke Ar 2. Ell - � a«Regimd by Expansion W[M1e An Anl—i-SEVtl, CIIY'S EVIYre 1-1 GJY DFMEISRNE 7 10 �_ ery«Ar<a >�A.1ePoa I'll, 11 12 13 Cy Stober said the City of Mebane reached out to Orange County in Spring 2020, to 14 evaluate for utilities and economic development opportunities. 4 1 Jesse Day, Piedmont Triad Regional Council Planning Director, continued the 2 presentation: 3 A 4 5 6 Parcel Analysis Criteria 8 9 Selection Criteria • erelaf»ble Pyres f•reeerratlon nr� MEBr 50, �� We[eahetl m•—'^ sewer irfres—t— m Weer lnfreshuc[ure In[eretete vlslblllty '^•^•'• RostlwaYPaeea 10 11 Jesse Day explained the criteria listed in the above chart. He said certain criteria added 12 or took away points from the viability score. He resumed the PowerPoint presentation: 13 5 14 ° 5 1 2 fr 3 4 5 Jesse Day said findings were presented in November, and sent to the City Council of 6 Mebane in December. He resumed the PowerPoint presentation: 7 r I, IL,LAND USE u able parcels ma[ba '--- .., j -.t coesaAved{ormmufarnag, ' - - whole:sled x�Au�ion,ab ._ was.The orYn Bcmh 4 -�1sww alameneain xhe pls nrxbpment. neMebane[pmpreAeraNe -c�elppmen[p4n,',I 1 ?r Aeslgi,en LM prsessM 1!) ame eintlee A to ln�AA -.rrygrorHM1 areaA a pert /q1 E.the anxvtlmem ah oultl Y �� _fer eeenluym Ghphn,vtrtM1 II �•I .., ®CLp melnre�,w�,s�mxne cxyi ..-. -- areaxrollvl pnmarycrornn 8 �I��mlouArevc�clr lz 9 Jesse Day said growth Areas A and B were amended in the City's Comprehensive Land 10 Development Plan in December. He resumed the PowerPoint presentation: 11 2.WATER SEWER AGREEMENT ` EXTENSION - rnl.a�a plan lwlam xpda�cne I -khv Ecmamlc Development I'll 1111111 plan,1111111111 A- DT - pl-,'—Ne 3012 A,hLx services r., 1 ,� 35reemeni, 12 ' NFG Io xan u ii 13 13 Jesse Day said the Water Sewer Agreement needs to be looked at in a way that 14 improves the ability to respond to development in this area. He resumed the PowerPoint 15 presentation: 16 6 3.FUTURE LAND USE DISTRICT Zoning Districts Potential Uses for District It Is recommended that the Clry of Mebane 0-11 provide a development ordinance update to URUSLS:Allowable uses r,rr lude:Child Care wrporate a new wring district that en—rages Fecllalea,5chmis,Llbrades,Unlverslbea,Hotels, dceumen[ed research,office and manufacturing Morels,—,antl 1,,—Serci— facilities antl also support walkablllry,mixing of waretm ,whmes let „ammenul and practical design that is compatible with Feclll[lea,Wln<ry,LIgh1651ndvrrItlustrlsl iAsremblyfParraging),Parts,PnUniral Gareerc the surrounding land uses. and Arboretums,Farmer'a Marlete,Hoepltah. Health g 1—.aua anal.,—I nellvery •OFFICE AND RESEARCH�6R� 5¢rcirxs,Club�l�ges,Cbmmunily Center, •Modeled af,,th,20200range County UDO Reseamh are Manuitaud ng willm and A ItIes. DIRM 1 �nto�rrnw is �RSG Iowa caul+nL 2 3 Development Standards and Considerations Ligh[kg Buffers •Nlllgnurg snaN helou[ea,angkd,snkldea,o�Wnl[ea In lnhnsltyso no dlres[YgM1tuponadfaen[ ad)eo•t ®ieenenedenm leid`use vmiaenlVelmmee tren �,uamo a®�onsho�lamlimredto Prararca �r""" 1pnttYneendmm,ent. � reaaa:>�rm aylna o[Iwnirerteaere ea by[b iswde.mpmem tome Welts ro,aa,„i�,�� rt,e aeeltlonMnalhand ne pa�worlaUw� aredwdern Pa®ible ardmnnamdmrhn v,wlaos mnlmaea e[c+nrlh nill•Man smool.wth Manulnsm seamllana mec�nelvna tN>k s<Iwd ,.�,n.�wa�va. sea, —m�dareennan.w.-1. • naeneb enmaobnxaxa auav�tb,r�n,are, 4 to a�Hn 5 6 www.ptrc.org/Buckhorn m - t horn Story Map 7 nxrnxTrsw ie �R[ciovAl Cyr.-nrn 8 9 Jesse Day said the story map is available on the Piedmont Triad Regional Council's 10 website, and provides a variety of options for people to look at data on the area in question. 11 Cy Stober resumed the PowerPoint presentation: 7 +, 1 71 3 Cy Stober said no action has been taken by the City of Mebane to adopt the Buckhorn 4 Area Plan. 5 6 7 8 Cy Stober said the three properties brought into the Comprehensive Land Development 9 Plan Future Growth area are the two Medline south properties and the 46 acres at the corner of 10 West Ten Road and Buckhorn Rd, which were presented to the Mebane City Council for 11 annexation and rezoning. He reiterated that state law required these changes. He resumed the 12 PowerPoint presentation: 13 - -= MMalYsis ola PFeaoninH Sivtly _ h =e�«a nt,ea _ - Pctim RM+rcIM AStutlY LO SUPPOR 7. Stale lav Emicnt Camain RP EN08e510n N the Rn RnneNaton 5[u0y Ana CITVOFMEBANEtA 5 Leo EGTFIICvanf[5 14 15 16 8 a:x An Analysizofa PRemning Study — Po[rn[ial [iliry SPn,CP Pr<i Ar[im Required a' AStud/}n-ppret State haw Emiren[Oomain ar EaUTrSipii pf:nP Pp Pp RT,ryGan Stutly Cn-Fulure Grp.r.n Ar= CITY DF MEBANF S T ENWDV T WEST TEN lMIJI1STRIAL 1 2 3 Thank You www.ptrc.org/buckhorn Contact Information: Cy Stober,Development Director 919-563-9990 I a r)N rig CI tYU f171e b a ne.cU rn R foN r� 5 6 Commissioner Greene asked if the 46 acres at the corner of West Ten Road and 7 Buckhorn Road were on the south or north side of the road. 8 Cy Stober said it is at the southeastern quadrant of the intersection, excluding the used 9 car lot that has been present for many years. 10 Commissioner Greene asked if this area has water and sewer. 11 Cy Stober said yes. 12 Commissioner Greene referred to the proposed new recreational area, and asked if the 13 location of this area could be identified. 14 Cy Stober said it is approximately 35 acres at the corner of West Ten Road and Bushy 15 Cook Road. He said it was deeded to the Meridien Community Foundation, which intends to 16 partner with Hillsborough Youth Athletics Association to develop new athletic fields. 17 Commissioner Greene asked for clarification on the location for the recreational area. 18 Cy Stober said it is the triangular parcel at the east of Gravelly Hill Middle School. 19 Commissioner Greene asked if it is known what is going on in Area A. 20 Cy Stober said it has not been rezoned, but it has been reclassified in the 21 Comprehensive Development Plan. 22 Commissioner Dorosin referred to the two Medline South properties and the 36-acre 23 parcel, and asked if the city has already annexed those. 24 Cy Stober said yes, annexation was required, and the public hearing was held prior to 25 rezoning. 26 Commissioner Dorosin asked if these changes are present on the maps. 27 Cy Stober said the maps have not been updated, but the properties are not incorporated 28 into the City of Mebane. 29 Commissioner Fowler referred to the green parcels, to the left of Preston Loop, on slide 30 10, and asked if there is a reason why they are not in the Economic Development District 31 (EDD). 9 1 Cy Stober said the green areas are immediately actionable for economic development. 2 He said the growth areas A-E are not immediately actionable, but have potential for growth. 3 Jesse Day said the areas west of A and B are already in the city's Comprehensive Land 4 Development Plan. 5 Craig Benedict, Orange County Planning Director, said these areas are also in the 6 county's economic development district (EDD). He said this is about 140 acres, and is where 7 the Buckhorn flea market is located. 8 Commissioner Fowler said A-E are further in the future, as compared to the light green 9 areas. She asked if there is a next step 10 Cy Stober said the city may put municipal utilities in area A, or it can do the same as 11 what Medline did. He said these areas are deficient in being immediately accessible, unlike the 12 teal properties. He said the two properties east of the middle school are not in the city's future 13 growth area, and would not be addressed in the Comprehensive Area Plan. He said the one in 14 C is. 15 Commissioner Fowler asked if there is a plan to address recreational areas, walking 16 trails, sidewalks, etc. 17 Jesse Day said a site plan would be necessary. He said the state would determine the 18 best way for trails to go through to connect with other trails 19 Commissioner McKee asked for the two properties to be noted on the map by staff. He 20 said he wanted to highlight properties that are already built out or will be built out, in addition to 21 Medline. 22 Cy Stober said the Nair property was annexed and rezoned by the city. 23 Commissioner Hamilton expressed appreciation for the City of Mebane holding off with 24 its approval process so that the Board of Orange County Commissioners (BOCC) could see the 25 plan. She said the study was a technical study, showing which lands could be developed, but is 26 missing the impacts to the community. She said she wants to consider the costs to the 27 community, not just the benefits. She said she would like to see sustainability and the 28 environment reflected in the Buckhorn Area Plan. She said residents have expressed concerns 29 about the full costs and benefits of going forward. She said everyone wants the best for the city 30 and the county. 31 Tim Bradley, Mebane City Council, said when he first heard the plan, he thought it was a 32 joint study with Orange County and reflected the long-range plan for Orange County. He said 33 when the city held its public hearing, it realized the county had not given input. He said the city 34 wants to work together to make plans that align with each entity's needs. 35 Chair Price asked if Mebane is seeking to be involved in economic development in 36 properties adjacent to the city. She asked if there are property owners in these areas interested 37 in selling. 38 Tim Bradley said there is some interest in Area A. He said both Mebane and Orange 39 County have extended utility infrastructure, which helps people plan for the future. He said the 40 city is ready for the next person who comes forward with land they wish to develop in the area. 41 Chair Price asked if the boundaries in the Buckhorn Area Plan are consistent with the 42 Buckhorn EDD. 43 Craig Benedict said some parts of the B, C, D, and E are outside of the EDD. He said 44 the process is to do a study, and then take action based on the study. He said Morinaga is one 45 example of this happening in the past. 46 Commissioner Dorosin asked if the city desires to have the parcels be contiguous, and is 47 that a factor for prioritizing certain parcels. He said the Orange County Comprehensive Plan will 48 expire in 2030, and asked if there is a schedule for the next comprehensive plan. 49 Mayor Ed Hooks said there is no intent to start at the city limits and move forward. He 50 said the City was asked to provide water and sewer, and future growth will be hopscotched due 10 1 to different needs and priorities of property owners. He said there is no intent to grow, and 2 Mebane is responding to a development request. 3 Chris Rollins, Mebane City Manager, said there is some land in the back that would link 4 to the City limits. He said the Buckhorn area is one of the hottest markets in the 1-40/1-85 5 corridor right now, and he would not be surprised to see site plans submitted in the next 3-6 6 months. He said there is a rumor that Area B is already under contract for a housing 7 development. He said the properties annexed in non-contiguous spots are due to requests by 8 property owners. 9 Commissioner Dorosin said the utilities already run through the high priority areas, which 10 makes sense why they are the focus. 11 Craig Benedict said the Comprehensive plan was completed in 2008, and is updated 12 every 5-8 years. He said staff is waiting on 2020 census results, which will be used to create a 13 new comprehensive plan by looking at trends, population and growth. He said this new plan will 14 require a lot of public input, and took 2 years last time it was updated. He said staff will go 15 around the County explaining the trends to residents. He said the process will likely start early 16 2022. 17 Everette Greene asked if there has been any engagement, thus far, with residents on 18 the comprehensive plan. He said the area will be developed by the time the plan is updated. 19 Chair Price said there has not been a lot of public engagement on new development 20 plans. She said there has not been an open meeting in Orange County. 21 Jesse Day said there were mailings in the area for the November public involvement 22 meeting with the City of Mebane and the meeting with Mebane, PTRC, and County Planning 23 Department. 24 Commissioner Greene referred to an area on the map at the corner of Bowman Road, 25 which is a housing development. She clarified that this was an annexed after a developer 26 requested it to be so. 27 Staff indicated yes. 28 Commissioner Greene asked if Mebane could create a plan, where it would refuse to 29 annex areas not covered by infrastructure, if the land is not in the future growth plan for 30 Mebane. 31 Chris Rollins said the land area, to which Commissioner Greene referred, is in the future 32 growth plan for Mebane, and was there before the housing developer requested annexation. 33 Commissioner Greene said she is hearing concerns from residents south of Bowman 34 Road that more annexations could happen in areas that are not in the future growth plan. She 35 asked if Mebane has a response to requests for development in area B. 36 Chris Rollins said the request just came in today, and the city would have to evaluate it. 37 Commissioner Greene asked if this area is in Mebane's future plan for growth 38 Jesse Day showed a map of the area in question. 39 Cy Stober said Area B is not addressed in the comprehensive plan, with the exception of 40 the two Medline South properties, which were the stimulus for this entire study. 41 Commissioner Greene asked if there is a limit to Mebane's annexation plans: a line 42 beyond which Mebane will not annex. 43 Tim Bradley said there is not a rule for this, and if there had been, Medline would not 44 have been possible. He said requests are considered on an individual basis. 45 Commissioner Greene said Medline is right near the highway, and is already completed. 46 She said area B does not have water and sewer, and is not in the EDD. She asked if those 47 facts would make a difference to Mebane. 48 Chris Rollins said the proposal in question does have access to water and sewer, along 49 west 10 road. He said the City has been considering including area B in its long-range plan. 50 He said residents in C, D, and E expressed great concern, and the City removed those from 51 consideration. He said there are many developers interested in area B. 11 1 Commissioner Greene asked if area E is not of interest due to the difficulty of installing 2 water and sewer. 3 Chris Rollins said there are no active developers interested in Area E, thus there is not a 4 reason to consider that area at this time. 5 Patty Philipps said she is glad this conversation is taking place. She said residents in 6 this area cannot vote in the City of Mebane, but she is interested in their needs as they are 7 neighbors. She said she supports healthy development that improves the quality of life. She 8 said there are many details that need to be ironed out, but there is not a lot time to make 9 decisions. She said some planning will need to be expedited. 10 Commissioner Bedford asked for clarification on Areas C and D. 11 Chris Rollins said the City is not actively talking to any developers for areas C and D. 12 Commissioner Bedford said there has not been a formal presentation to the BOCC, so it 13 needs more time to consider the proposal. She said the more residential development that 14 occurs; the more push back there will be against commercial development in areas C and D. 15 She said she is concerned about the environmental concerns in Area D. She said areas B and 16 C have more areas that are safer to develop. She said Area E already has sewer infrastructure, 17 and a reserve of sewer capacity should be made in this area. She said given the middle school, 18 maybe area C would be good for residential development. She said as residential growth 19 continues, the County may ask the City to help identify an elementary school site. 20 Sean Ewing asked for the city and the county to have urgent dialogue to find a way 21 forward. He said a comprehensive plan will take too long. 22 Commissioner McKee said he appreciates the discussion with the city, and said it is a bit 23 overdue. He said the county went to Mebane for water and sewer for partnerships in order to 24 secure Morinaga. He said several years ago, the county and city did not realize the 25 development interest that would be coming. He said this interest has grown, and changed the 26 perception of Orange County as being anti-business. He said the railroad and two major 27 interstates are bound to attract attention. 28 Chair Price asked if Mebane would consider low-impact residential or mixed use 29 development in area C or D. 30 Chris Rollins said it is hard to answer and depends on sewer system. He said this area 31 is on the far end of the sewer system, and housing uses much more sewer capacity than 32 industry. 33 Commissioner Greene said she also greatly appreciated this conversation. She said 34 she wants to come to an agreement on overlapping lines, so residents have some certainty that 35 areas beyond that line will not be considered for development. 36 Tim Bradley agreed with Commissioner Greene. He said things happen fast, and 37 Mebane needs to have the plans in place soon, so it can respond. 38 Jill Auditori agreed with Tim Bradley, and wants to move forward together, recognizing 39 the need for flexibility. 40 Mayor Hooks said the relationship between the city and the county has been a good one 41 in previous partnerships. He said there is good communication between both planning 42 departments. 43 Chair Price said she appreciated the conversation, and the two groups will meet again. 44 She said staff will set up times for future meetings. 45 Mayor Hooks agreed, and thanked everyone for the meeting. 46 47 A motion was made by Everette Greene, seconded by Tim Bradley, to adjourn the City 48 Council meeting at 8:27 p.m. 49 50 Roll call of the city council ensued 51 12 1 VOTE: UNANMIOUS 2 3 A motion was made by Commissioner Dorosin, seconded by Commissioner Hamilton, to 4 recess the County Commissioner meeting for 5 minutes. 5 6 Roll call ensued 7 8 VOTE: UNANIMOUS 9 10 RECONVENE THE MEETING 11 12 A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to 13 reconvene at 8:36 p.m. 14 15 Roll call ensued. 16 17 VOTE: UNANIMOUS 18 19 20 2. County Commissioners: Boards and Commissions —Annual Work Plan 21 Summaries 22 23 The Board provided feedback and direction on the first group of boards and 24 commissions' annual work plan summaries with their Chairs (or representatives) in attendance. 25 (A second group of boards and commissions' annual work plan summaries is scheduled for the 26 Board's April 22, 2021 work session.) 27 28 13 1 BACKGROUND: 2 In the past, as part of the Board of Commissioners' annual planning and goal setting retreats, 3 the Board requested and reviewed/provided feedback on annual plan summaries from the 4 County's internal advisory boards and commissions. This information provided the Board with a 5 yearly overview of the boards and commissions and their projected goals for the upcoming year. 6 This particular process ended in 2007. The Board decided at its April 13, 2010 meeting to 7 reinstate this process independent of the Board's annual retreats. 8 9 Advisory Boards and Commissions Represented at this meeting: 10 11 Board Name Representative(s) Presenting 12 13 Chapel Hill Orange County Visitors Bureau Anthony Carey 14 Economic Development Advisory Commission Anthony Carey 15 Orange County Planning Board Dave Blankfard 16 Orange Unified Transportation Board Eric Broo 17 18 Anthony Carey discussed the work plan summary for the Chapel Hill Orange County 19 Visitors Bureau. He said since March 2020 hotel revenue is down 69.9%, and tourism revenue 20 is down 55%. He said together that is about a $122 million decrease in Orange County, due to 21 the pandemic. He said CARES Act funds have been used promote businesses as the economy 22 begins to open back up. He said weddings and small events are beginning to be scheduled. 23 He said James Taylor will have an interactive exhibit at the new Visitors Center location. 24 Anthony Carey discussed the work plan summary for the Economic Development 25 Advisory Commission. He said the corridor around the Buckhorn Area Plan is of great interest 26 to the Commission. He said the Advisory Commission gave out over$1 million in grants to 27 small businesses and farmers. He said Steve Brantley, Economic Development Director, is 28 working on long-term recovery plan and is encouraging non-residential growth. 29 Commissioner Greene referred to the future plans for 2021. She said one of the items 30 on which the Commissioners would like to focus is affordable housing partnerships. 31 Anthony Carey said the Commission knows affordable housing is needed in Orange 32 County, and economic recovery would need to keep affordable housing in mind. He said 33 affordable housing is related to economic development. He said residents travel outside of the 34 county to find employment, and it would be good to find ways to have jobs closer to home. 35 Commissioner Greene asked if there is an update on a food processing center. 36 Anthony Carey said there needs to be more focus on processing plants for farmers and 37 restaurants. He said the pandemic put a pause on some of those developments. 38 Chair Price encouraged continued relationships between the two boards represented by 39 Anthony Carey. 40 Dave Blankfard, Planning Board Chair, gave an update on its work plan. He reviewed 41 the outputs from the Planning Board, amendments, and development projects. He said the 42 Planning Board's projects, specifically RTLP and Buc-ee's, generated a lot of discussion. He 43 said the 2020 census will assist the Planning Board in planning for the future, and will result in 44 tweaks to the comprehensive plan. He said future initiatives will include streamlining some 45 processes, but also creating processes that give developers time to analyze requests. 46 Commissioner Dorosin said the RTLP and Buc-ee's projects generated a lot of bad 47 feelings in the community and concerns about transparency in the process. He said the 48 Planning Board is made up of community members, and he would like to consider how the 49 process can be made better for the residents. He said if policies are in place, whether or not 50 proposals meet the policies is a different question. He asked if the County can more effectively 51 communicate the role and responsibilities of the Planning Board. 14 1 Dave Blankfard said those two particular projects had no give on either side. He said 2 staff has started conveying information online to clear up misconceptions, with FAQs, etc. 3 Chair Price said in the past there were neighborhood meetings that helped alleviate 4 concerns, and people tend to respond better when they have had time for input. She said RTLP 5 did agree to negotiate on the terms. 6 Dave Blankfard said sometimes negotiations are possible, but it requires give from the 7 Planning Board and the public. 8 Chair Price said negotiation is more likely when all stakeholders are involved in the 9 discussion as early as possible. 10 Commissioner Hamilton encouraged good communication and transparency, and putting 11 information online does not truly reach everyone. She said people need to be included early 12 and want to be heard. She said it can be difficult for residents to understand planning 13 processes. She asked if there is anything the Planning Board needs to improve its processes. 14 Dave Blankfard said there is training for Planning Board members. He said he would like 15 more direction on growth for Hillsborough that reflects the needs of the community and is most 16 beneficial for the residents. He said Orange County does not only need high-end development. 17 Chair Price said the Planning Board can provide a lot of that direction. 18 Commissioner Fowler said she would like the Planning Board to have an open mind 19 when residents are providing feedback. She encouraged the Planning Board to use the existing 20 plans for making decisions. 21 Dave Blankfard said the Planning Board is having a lot more discussion in recent years, 22 and there is more dissent than in past years. 23 Erik Broo reviewed the work plan summary for the OUTBoard. He said meetings slowed 24 down due to changes in transportation due to the pandemic. He said the OUTBoard assists 25 Orange County Transportation Planning Board. He said in 2020 the OUTBoard made 26 recommendations on transportation plans, reviewed Orange County Environmental Justice data 27 and is incorporating that in its process. He said the OUTBoard receives regular updates on 28 transit plans and studies. He said bikeway limitation studies are important to the OUTBoard, as 29 it wants to include bicyclists' needs in more transit planning. He said multi modal transport is a 30 priority. He said in 2021, the OUTBoard is pursuing smaller projects that do not need to go 31 through the Department of Transportation (DOT) scoring process, such as small road 32 improvements and safety measures. He said the OUTBoard created a radio ad to promote bike 33 safety around motorists. He said the OUTBoard is working with STIP projects for DOT review 34 and scoring. 35 Chair Price said the OUTBoard might have more acronyms than the Planning 36 Department. 37 Erik Broo said the level of information that the Planning Department has to manage 38 impresses him, and he values the staff. 39 Commissioner Bedford said she is BOCC rep to the Durham Chapel Hill Carrboro 40 Metropolitan Planning Organization (DCHCMPO), and the 70 corridor study will be a focus of for 41 the next year. She said it will be critically important for Orange County and Durham. 42 Erik Broo said the OUTBoard would be reviewing it as well. 43 44 3. Advisory Boards Appointments Discussion 45 The Board discussed appointments to four Orange County Advisory Boards. 46 47 BACKGROUND: The following appointment information is for Board consideration: 48 49 Animal Services Hearing Panel Pool 50 NAME SPECIAL TYPE OF EXPIRATION 15 REPRESENTATIVE APPOINTMENT DATE TERM Debra Town of Carrboro Second Full Term 03/31/2024 Cunningham Re-appointment Alan Polak Public Safety Field First Full Term 03/31/2024 Re-appointment Meggie Romick At-Large First Full Term 03/31/2024 Re-appointment 1 2 NOTE - If the individuals listed above re-appointed, the following vacancies remain: 3 4 POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE Town of 03/31/2024 This position has been vacant since Hillsborough 2/12/2020. 5 6 Thom Freeman-Stuart asked if the Commissioners would review the applicants for the 7 Town of Hillsborough position on the Animal Services Hearing Pool. He said Mark Solomon is 8 the only applicant. 9 Commissioner Greene nominated Mark Solomon for the Town of Hillsborough position. 10 Commissioner Fowler seconded. 11 Commissioner Bedford asked to also nominate Debra Cunningham, Alan Polak and 12 Meggie Romick for the Animal Services Hearing Pool. 13 The addition was accepted by Commissioner Greene, seconded by Commissioner 14 Fowler. 15 The Board agreed by consensus. 16 17 Arts Commission 18 NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Lindsay Metivier At-Large First Full Term 03/31/2024 Dr. Crystal Wu At-Large First Full Term 03/31/2024 19 20 NOTE - If the individuals listed above are appointed, the following vacancies remain: 21 POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE At-Large 03/31/2024 Please see notation concerning this position in the recommendation Memo from Katie Murray. 22 23 Chair Price said she was considering Lamar Richards. 24 Commissioner Greene asked if there are reasons why Lamar Richards is of interest. 25 Chair Price said to encourage diversity on the board. 26 Thom Freeman-Stuart said staff has tried to reach Lamar Richards to confirm his 27 interest, and he has not responded to those requests. 28 Commissioner Greene asked if Marcela Slade was not interested in a second term. 16 1 Thom Freeman-Stuart said no, she is not interested. 2 Chair Price said it was unfortunate that Lamar Richards could not be reached, as she 3 was hoping to get some younger people on boards. 4 Commissioner Dorosin said there will be another opportunity to fill a position at the end 5 of March, if attempts to reach Lamar Richards are successful. 6 Thom Freeman-Stuart said another attempt will be made to reach out to Lamar 7 Richards. 8 Commissioner Greene said Lindsay Metivier and Crystal Wu seemed like qualified 9 applicants and nominated them to fill the seat on the Arts Commission. 10 Commissioner Hamilton seconded. 11 The Board agreed by consensus. 12 13 Board of Equalization and Review— Discussion on Date Correction Action and 14 Appointment of New Members and Chair 15 16 The Board chose to address this item earlier than it was scheduled in the agenda. 17 18 The Board discussed a correction of the term expiration dates for all positions listed on the 19 member roster for the Board of Equalization and Review; and to discuss making appointments 20 and selecting a Chair for the Board of Equalization and Review. 21 22 BACKGROUND: The following information is for Board consideration: 23 24 During a BOCC Business Meeting on March 19, 2019, the open positions were listed in the 25 abstract for the Board of Equalization and Review (see attached). The "Expiration Date" listed 26 on the chart was incorrect. The date should have been listed as March 31, 2021, but was 27 incorrectly noted as September 30, 2021. The minutes for this meeting were approved by the 28 BOCC and included this date discrepancy. 29 30 According to the Tax Administrator and County Attorney, the BOCC should, by official action of 31 the Board, correct the Expiration Date of current members of the Board of Equalization and 32 Review from September 30, 2021 to March 31, 2021. Afterward, new appointments should be 33 made for all positions on the Board of Equalization and Review with a term to be served of April 34 1, 2021 through March 31, 2023. Upon appointment of the new members, the Board should 35 discuss designating a regular member to serve as Chair. Pending this March 9, 2021 36 discussion, the date correction, appointments, and designation of the Chair will be scheduled for 37 approval during the Board's March 16, 2021 Business Meeting. 38 39 The positions to be filled for the new terms on the Board of Equalization and Review are as 40 follows: 41 42 ****PLEASE NOTE THAT THERE ARE ONLY FIVE (5) APPLICANTS ON THE INTEREST 43 LIST ALTHOUGH MANY ATTEMPTS HAVE BEEN MADE TO SOLICIT APPLICATIONS. 44 (WHEN ADDITIONAL APPLICATIONS ARE RECEIVED, THEY WILL BE PRESENTED TO 45 THE BOCC FOR REVIEW AND APPOINTMENT) 46 POSITION NO. NAME SPECIAL EXPIRATION DATE REPRESENTATIVE 1 To Be Determined Regular Member 03/31/2023 2 To Be Determined Regular Member 03/31/2023 17 3 To Be Determined Regular Member 03/31/2023 4 To Be Determined Alternate 03/31/2023 5 To Be Determined Alternate 03/31/2023 6 To Be Determined Alternate 03/31/2023 7 To Be Determined Alternate 03/31/2023 8 To Be Determined Alternate 03/31/2023 9 To Be Determined Alternate 03/31/2023 10 To Be Determined Alternate 03/31/2023 1 2 Thom Freeman-Stuart explained the error that was made on March 19, 2019 for the term 3 end date for positions appointed at the meeting. He said the County Attorney advised him that 4 the Board of County Commissioners need to approve that correction. 5 John Roberts said, as this was a technical correction, rather than a matter of public 6 concern, the BOCC could vote to approve the correction at the work session. 7 The Board decided to vote to approve the correction at the work session rather than at a 8 business meeting. 9 10 A motion was made by Commissioner Fowler, seconded by Commissioner McKee to 11 correct the expiration date for the positions in question to March 31, 2021. 12 13 Roll call ensued. 14 15 VOTE: UNANIMOUS 16 17 Chair Price asked if staff could clarify the next steps the Board of County Commissioners 18 needed to take for the Board of Equalization and Review. 19 Thom Freeman-Stuart said the Board would need to again vote in the members for this 20 corrected term date. He said there is also another applicant for this board that came in too late, 21 but will be up for discussion at the April 22, 2021 work session 22 Chair Price asked the County Attorney if the Board needed to vote the members back in. 23 John Roberts said new members could be approved at the next regular business 24 meeting along with other advisory board and commission appointments. 25 Commissioner Greene asked if staff could confirm that the number of applicants is less 26 than the number of available positions. 27 Thom Freeman-Stuart confirmed. 28 Chair Price asked if the Board had to vote the members back in, because of the date 29 change. 30 John Roberts said yes, because of the date change, the Board needed to approve a new 31 full slate of appointees at its next meeting. 32 Commissioner Dorosin suggested the following for the Board of Equalization and 33 Review: 34 Hunter Beattie for Chair 35 Daron Satterfield for a regular position 36 Barbara Levine for a regular position 37 Reginald Morgan for an alternate position 38 39 Commissioner Dorosin said Pamela Davis should not be on the list as the Board of 40 County Commissioners removed her two months ago. 41 Commissioner Hamilton said some people have been on this board for a long time, and 42 asked if there are rules for how long people can serve, and is there any efforts in place to 43 increase diversity. 18 1 Commissioner Dorosin said with three regular members it could be one of the more 2 diverse boards with the individuals he suggested. 3 Commissioner Greene and Commissioner Hamilton did not have an application for 4 Daron Satterfield. 5 Chair Price said she did not see his application, but he is already on the board. 6 Commissioner McKee said the only applications received seem to be those on the 7 applicant interest list. 8 Thom Freeman-Stuart said those on the applicant interest list are those that indicated a 9 desire to return on the board. He said Daron Satterfield did not want to return. 10 The Board clarified the willing applicants with Freeman-Stuart. 11 Commissioner Dorosin suggested Hunter Beattie as chair, Barbara Levine and Andrew 12 Landstrom as regular members, and Reginald Morgan and Karen Morrisette as alternates. 13 Commissioner Bedford said this would allow for good geographical representation. 14 The Board agreed by consensus. 15 16 Commission for the Environment 17 NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Kristie Mather At-Large First Full Term 12/312/2023 Veronica Beattie At-Large First Full Term 12/31/2023 Ulrich Hartmond At-Large Partial Term 12/31/2021 18 19 NOTE - If the individual listed above is appointed, the following vacancies remain: 20 None 21 22 Commissioner Dorosin asked staff if the format of the background information on 23 advisory boards and commissions could include the recommendations with the applicant list to 24 reduce confusion. 25 The rest of the Board concurred. 26 The Board agreed by consensus to the recommended individuals listed above. 27 28 Orange County Board of Adjustment 29 NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Leon Meyers At-Large Move from an 06/30/2022 Alternate Position to a Regular At-Large Position 30 31 NOTE — If the individuals listed above are appointed, the following vacancies remain: 32 POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE Alternate 06/30/2022 This position has been vacant since 08/10/2020. Alternate 06/30/2021 This position has been vacant since 19 02/16/2021. 1 2 Commissioner Dorosin recommended Elizabeth Bronson for an alternate position. 3 Commissioner Hamilton seconded Commissioner Dorosin's recommendation 4 Commissioner Hamilton said Adam Beeman is on the Planning Board and now 5 potentially on the Board of Adjustment. She asked if there was a position on the Board of 6 Adjustment that was intended for a member of the Planning Board. She said she is concerned 7 about a person serving on both boards. 8 Thom Freeman-Stuart said there is not a position for a member of the Planning Board on 9 the Board of Adjustment. 10 Chair Price said she thought Adam Beeman was expressing in his application that a 11 position should be held on the Board of Adjustment for a member of the Planning Board. 12 Commissioner Hamilton said she does not think a person should be on both boards, due 13 to a potential conflict of interest. 14 Commissioner Dorosin agreed with Commissioner Hamilton. 15 16 The Board agreed by consensus to appoint Nathan Robinson and Elizabeth Bronson to 17 alternate positions on the Board of Adjustment. 18 The Board agreed by consensus to appoint Leon Meyers to a Regular At-Large Position. 19 20 John Roberts said there may be a requirement in the LIDO for a member of the Planning 21 Board to serve on the Board of Adjustment, and requested time to research. 22 Chair Price asked if the BOCC agreed to appoint Leon Meyers to the Regular At-Large 23 position. 24 The Board agreed by consensus. 25 Commissioner Dorosin asked if any member of the Planning Board is already a member 26 of the Board of Adjustment. 27 Thom Freeman-Stuart said there is a person appointed to the position that used to be a 28 member of the Planning Board. He said this position was an At-Large position that was formerly 29 a member of the Planning Board. 30 Commissioner Bedford asked if that member was Kent Qandil. 31 Thom Freeman-Stuart confirmed. 32 Commissioner Fowler said that the LIDO states that, "one regular member of the Board 33 of Adjustment shall be a member of the Planning Board." 34 Chair Price asked if the Planning Board determines who of its members will serve on the 35 Board of Adjustment. 36 Thom Freeman-Stuart said no one volunteered to be on both boards. 37 Chair Price said it seems that Adam Beeman is volunteering to be on both boards, at 38 this point. 39 Chair Price asked if this was a decision that had to be made by the Planning Board or 40 the Board of County Commissioners. 41 Commissioner Hamilton said it is a requirement of the UDO. 42 Commissioner Fowler said the Board of Adjustment webpage says one regular member 43 shall be a member of the Planning Board. 44 Commissioner Dorosin said with that information, Adam Beeman should be appointed. 45 Chair Price confirmed that Elizabeth Bronson and Adam Beeman will be appointed to 46 the alternate positions, and Leon Meyers will move to the Regular At-Large position. 47 Commissioner Fowler said the UDO says the Planning Board position on the Board of 48 Adjustment must be a regular member, not an alternate. 49 Commissioner Bedford said this requirement has not been adhered to in some time, and 50 asked the County Attorney to research the issue and report back to the Board. 20 1 Commissioner Dorosin agreed and asked that the Board appoint Elizabeth Bronson in 2 the meantime. 3 4 4. Board of Equalization and Review— Discussion on Date Correction Action and 5 Appointment of New Members and Chair 6 7 This item was discussed as part of item 3. 8 As recognition of Thom Freeman-Stuart's retirement at the end of the month, the Board 9 extended congratulations to him and wished him well. 10 11 A motion was made by Commissioner McKee, seconded by Chair Price to adjourn the 12 meeting at 9:38 p.m. 13 14 Roll call ensued 15 16 VOTE: UNANMIOUS 17 18 19 Renee Price, Chair 20 21 22 Laura Jensen 23 Clerk to the Board 24 25 Submitted for approval by Laura Jensen, Clerk to the Board.