Loading...
HomeMy WebLinkAboutMinutes 03-02-2021 Virtual Business Meeting 1 APPROVED 4/6/21 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS VIRTUAL BUSINESS MEETING MARCH 2, 2021 7:00 p.m. The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, March 2, 2021 at 7:00 p.m. COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford, and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, and Earl McKee COUNTY COMMISSIONERS ABSENT: NONE COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified appropriately below) Chair Price called the meeting to order at 7:05 p.m., a few minutes late, due to technical difficulties. A roll call was called; all members were present. Due to current public health concerns, the Board of County Commissioners (BOCC) is conducting a Virtual Business Meeting on Tuesday, March 2, 2021. Members of the Board of Commissioners participated in the meeting remotely. As in prior meetings, members of the public were able to view and listen to the meeting via live streaming video at http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). In this new virtual process, there are two methods for public comment. • Written submittals by email • Speaking during the virtual meeting Detailed public comment instructions for each method are provided at the bottom of this agenda. (Pre-registration is required.) 1. Additions or Changes to the Agenda Chair Price requested to move consent agenda item 8-h to Proclamations/ Resolutions/ Special Presentations, as well as allowing Katie Murray, Arts Commission Director, to present about the Big Night In. A motion was made by Commissioner McKee, seconded by Commissioner Hamilton to change the agenda as suggested. Roll call ensued. VOTE UNANIMOUS 2 Chair Price dispensed with reading the public charge. Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks those attending this meeting to conduct themselves in a respectful, courteous manner toward each other, county staff and the commissioners. At any time should a member of the Board or the public fail to observe this charge, the Chair will take steps to restore order and decorum. Should it become impossible to restore order and continue the meeting, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. The BOCC asks that all electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. Please be kind to everyone. Arts Moment— No Arts Moment was available for this meeting. 2. Public Comments a. Matters not on the Printed Agenda Ellen Perry emailed a statement to Commissioner Greene, who read the statement on her behalf: Dear County Commissioners My name is Ellen Perry and I live in in my own house on Starlit Dr. I am a woman with a physical disability along with Intellectual Developmental Disabilities. I am also an advocate for the community that has helped with other people in the community who have disabilities around our community, statewide, and nationally. I understand that in Orange County is very unique. Cardinal is unique as well. I do not want to lose what I have gained with the past several years. In my option, as a person with disabilities, having Cardinal as my MCO had been very beneficial to me. Cardinal has helped me not have to pay a very large amount to the state for a long time. I have a Care Coordinator that knows who I am as a person and has taken the time to get to know me. She knows my wants and needs. She knows how to talk to me like I am a person, and we get a long great. Here are some reasons why I am happy with Cardinal: • Happy with your care coordinator • Do not want to lose services • Not wanted to retrain someone for a different MCO • Don't want to lose your self-determination wavier 1 do not want to train a new company on the wavier that I am on Not wanting to keep calling and checking in with the care coordinator about my stuff This will end my deal with Cardinal on my skill books to be used 1 am happy with my Care Coordinator. I feel it is better to have a person that I know and who knows what I am capable of doing than having to tell someone new about who I am. If you can keep the families that are happy at Cardinal at Cardinal and then the families that are not happy go to alliance. A suggestion would be to have a survey for families that have services through Cardinal and go from there. Thank you for hearing me out, Sincerely 3 Ellen Perry Perrin de Jong said he is a Staff Attorney for the Center for Biological Diversity in Asheville. He said he wanted to speak about the Buckhorn Area Plan. He said his Center believes the Buckhorn Area Plan will threaten three species in a large area of the environment, and he is specifically concerned about Seven mile Creek. He said the Neuse River Waterdog, the Mad Tom catfish and the Atlantic Pigtoe muscle are all proposed to be listed as protected under the endangered species act. He urged the Board of County Commissioners (BOCC) to keep intact the status quo, and the Water and Sewer Management Planning and Boundary Agreement (WASMPBA). He said he submitted written topics, and urged the Board to review them. John Dempsey, read the following statement: I welcome the Buckhorn Area Plan as an opportunity to discuss the future of Sevenmile Creek. Much of the land classified as `developable' in the plan is problematic. Areas B and C have drainage directly into Sevenmile Creek and D uses Sevenmile Creek as its southern border. The December, 2020 draft of the Buckhorn Area Plan report states on page 30... "These parcels contain two threatened or endangered bivalves known to live in the Neuse drainages (including Sevenmile Creek). These species are threatened at a state level but are not a federally listed species. It is not thought that these species would significantly restrict development." This is misleading. In addition to the mussels mentioned there are two species whose habitats are on the Eno River, including a stretch that the United States Fish & Wildlife Service has proposed to Congress for protections under the Endangered Species Act. In addition to the Atlantic Pigtoe mussel there are the Carolina Madtom, a catfish, and the Neuse River waterdog, a salamander. Sevenmile Creek, is classified surface freshwater WS-11, a source clean enough for drinking water supply and is nutrient sensitive. It runs into the Eno River within one 20+ mile stretch of habitat that is currently under review for protection by Congress. More than 10 years into this process, and with a new Congress in place, protections to prevent the extinction of these North Carolina treasures could be characterized as "inches" away. Why should we care? It is estimated that at least 47 species have become extinct while awaiting final approval of protections under the Federal Endangered Species Act. It is the decisions made by local jurisdictions such as this Board that offer the only protection while this process of approval takes place. The Board of County Commissioners should make no decisions that would lead to lifting zoning that currently offers some protections for Sevenmile Creek. Orange County, North Carolina and US residents, property owners, mussels, catfish and salamanders would all benefit from studying conservancy options for the area surrounding our Class II gem, Sevenmile Creek. Rather than studying how to lift those slim protections under current zoning why not put concerned residents, the Committee for the Environment, Orange County staff and other resources to work studying options available that would guarantee owners interests while protecting this treasure for future generations. 4 Fiona Johann read the following statement: I want to start by thanking the commissioners for listening to public comments made about the Buckhorn Area Plan, and setting up a working session with Mebane City Council. I come to you and the public today to share information I have about the Buckhorn Area Plan, as I believe the best plans come from groups of interested and informed parties coming together. To our residents, Orange County and The City of Mebane are working on a plan to extend the economic development district in western Orange County. The first step in doing so was to commission a study of land in the area, this study is known as The Buckhorn Area Plan. It recommends extending the boundaries for industrial development and discourages rural residential growth in favor of light industrial manufacturing. This is a major shift from the long- standing land use plans for economic development, in place by both The City of Mebane and Orange County. I encourage you all to view the 2030 Orange County Comprehensive Land Use Plan and the Mebane by Design Plan and compare it to the proposed Buckhorn Area Plan. This plan will encourage industrial growth around, not only, rural residential housing, but also Gravelly Hill Middle School, local farms, Seven Mile Creek, and the soccer complex. To the commissioners, I ask that you and the Mebane City Council members address at least the following questions during the March 9 working session: 1. How and when will the public be able to engage? When will Orange County Commissioners and Mebane City Council come together to hear from the public on this matter? 2. If you feel you must continue with this area plan I ask you and the council members to consider a binding agreement on a joint area plan instead of the BAP plan as it stands now. The most important aspect of a binding agreement is that Orange County and Mebane City would both need to agree on any rezoning in the area. This means that both Orange County and Mebane City residents would have equal representation and be able to weigh in on changes made to local zoning. To both residents and Commissioners, I want to make clear that I do not oppose development nor do I oppose neighbor's rights to sell their land. I appreciate and respect that we are in need of jobs for our local residents and tax money for our municipalities. Industrial builds will not bring the jobs our community is looking for, it is well known that industrial companies are moving toward automation, not hiring large groups of people. Furthermore, the entire plan seems to serve up land to developers on a silver platter while not addressing those who are currently underserved in our community, helping the 1%, not the majority. I hope that our local governments and community can come together and create a plan that truly would benefit the citizens of the area and both governments. I ask our residents, council members and commissioners to think outside the industrial box and come up with a better plan that helps this area preserve the area's natural feel and supports its residents. Margo Lakin said she is concerned about misleading advice from Planning Department, to increase industrial development. She said the Buckhorn Area Plan will target Seven Mile Creek. She said safe drinking water should be guaranteed for us all, and expressed frustration over the continual rezoning of land. She said Seven Mile Creek is designated as a drinking water source, a paramount reason to protect this gem. She said she gets the impression that some see it as a loophole, and want to degrade this water source by a few levels to achieve development goals. She said it so important to get the facts straight before any more decisions are made, and Orange County turns into Flint, Michigan. She asked that the Commission for 5 the Environment be involved; a hydrology report be commissioned; a forensic audit on the watershed be performed, etc. She said the County must balance its watershed checkbook. Janine Zanin, showed maps to the Commissioners, and read the following comments: My name is Janine Zanin and I live in Efland. If you are considering adopting any part of the Buckhorn Area Plan, I'm asking you to please follow your own agreements and governing documents before taking any action on expanding the existing utility service agreement with Mebane. The Mebane City Council has said that the ball is in your court and they are waiting for direction from you. I'd like to re-acquaint you with the plan from an Orange County perspective because at your information session, you were presented with Mebane's maps, not Orange County's. This map here is a zoomed in version of the Orange County Future Land Use Map. I've drawn in the "Future Growth Areas" proposed by the BAP so that you can see them in the context of our land use map. As you can see, area B is currently zoned Rural Residential; areas C & D are zoned Agricultural residential and are also predominantly located within critically protected watershed, as is a portion of E. Area A is zoned Economic Development Transition. By its own terms, the BAP recommends the expansion of manufacturing, wholesale, distribution, and service uses in the "future growth areas." It recommends that Mebane expand the Buckhorn Economic Development District and incorporate a new zoning district that encourages documented research, office and manufacturing facilities in these "Future Growth Areas." THIS IS A CHANGE TO OUR FUTURE LAND USE MAP AS WELL. To amend the Orange County Future Land Use Map our own rules provide that the following must happen: Signs are posted and notice is mailed to area residents. The development advisory board considers the plan. The planning board reviews the plan (and receives public comment). A public hearing is held before the BOCC. The BOCC makes a decision. NONE OF THAT HAS HAPPENED. The BAP also recommends extending sewer and water to the future growth areas. The county is a signatory to the Water and Sewer Management, Planning and Boundary agreement in which it has made collective promises with Chapel Hill, Carrboro, Hillsborough and OWASA. Here's a close up of the map that goes along with that agreement. Areas B, C, D & E all contain land where the county has previously agreed NOT to extend water and sewer. That's the light yellow area. To change this agreement, requires the consent of ALL PARTIES TO THE AGREEMENT. To withdraw from the agreement requires a public hearing and written notice to all parties to the agreement within 30 days of the hearing. NONE OF THAT HAS HAPPENED. I heard the planning department staff characterize the BAP as a "study" at your information session. It also represented that no action had been taken yet. That isn't true. This plan was presented to the Mebane City Planning Board on November 9th with a request to "Adopt the Buckhorn Area Plan and Amend the Mebane Comprehensive Land Development Plan." Craig Benedict, our planning director, was present at that meeting and participated in that meeting. 6 The Mebane Planning Board voted to adopt the plan and amend the Mebane Comprehensive Land Development Plan. This was before ANY PUBLIC INPUT HAD BEEN RECEIVED ON THE PLAN. The public information session was scheduled for the following day and the lucky few who received notice (only those landowners who owned land within the proposed future growth areas), only received a few days' notice of what was happening before the planning board took a vote. Orange County has essentially initiated an effort to get out of its responsibilities to its citizens by bringing in the City of Mebane to do its dirty work. The plan is simple, advertise this as prime Mebane industrial development land, and then get Mebane to annex it through the less protective utility service agreement that we have with them. Then you don't have to deal with messy public input or the opinions of your incorporated towns. At a time when respect for the rule of law is at risk all over this country, I am certain Orange County can do better. Patricia O'Connor read the following statement: Good evening board members; My name is Patty O'Connor and I live on Squires Road, directly across from the Medline Warehouse. Thank you for allowing me the opportunity to speak this evening—my comments are about the Buckhorn Area Plan. My principal concern about the BAP is the speed with which a very complex plan seems to be unfolding. I say this in light of the recent zoning changes and annexation of properties by Mebane, specifically on the south side of West Ten Road. Two parcels on the south side of West Ten Road have been rezoned from Residential/Ag to M2. One property was sold to Medline and rezoned at the end of 2019—their plans to develop it are not immediate but most definitely in the forecast. The second property, The Neyer property, close to the intersection of Buckhorn, was just recently rezoned and two warehouses, totaling 500,000 square feet, is in the works. This means a definite 1.7 million square feet of warehouse space with its accompanying truck and car traffic on a quarter mile stretch of a 2-lane country road; a road that has a middle school, a soccer field, a church and multiple residences. When the Medline parcel on the south side is developed, a small, wooded community (mine) will be embedded in a rural industrial park. We really have NO idea what the impacts of this development, its traffic congestion, noise and water run-off will be on the community and home property values. Because of this, I would like to go on record as being opposed to approving the BAP in its current form and would like to request that the BOCC allow time for more thoughtful discussion and public engagement before making any kind of recommendation on this plan. When I purchased my home, with due diligence I researched the surrounding zoning. I was comfortable living across from the road from industrial development—I am not comfortable being surrounded by it. Zoning is in place to offer some protection to property owners and I feel the rug has been pulled out from under me. My way of life will be sorely impacted and my most important investment put at risk. Please plan thoughtfully and carefully. Preserving the rural character of our area is important. Development, other than a string of warehouses, is possible for this area. Catherine Matthews read the following statement: When will enough be enough? Hello County Commissioners. My name is Catherine Matthews and I hope you remember me from the Buc-ees provocation. Thank you for efforts to prevent Buc-ees from becoming a welcoming symbol in rural Orange County and thank you for this opportunity to address you again this evening. Just as a reminder, I live in Efland, have lived here for 20+ years and my street, Chestnut Ridge Church Road, runs north to Mt. Willing to the Interstate to what was once the future home of Buc-ees and south to Buckhorn, to the looming home of who knows what industrial development. Once again, the Orange County Planning Department, this time in conjunction with the Mebane City Council, has presumed to know what is best for our county and for our residents who live in and near the Efland area. The Buckhorn Area Plan is a plan conceived in darkness and cloaked in the betterment of our county by proposing to convert our rural lands into economic development opportunities, whether we want them or not. And more importantly, whether they are appropriate or not for the environment in which we live. Yes, just like the proposed Buc-ees, The Buckhorn Area Plan's proposed industrial development opportunities sit on top of a protected watershed, a watershed that provides our drinking water, a watershed that replenishes our well water, a watershed that protects animals and plants that have thus far received far too little protection. The lack of planning by the Planning Departments of Orange and Mebane is staggering. We have evidence that the stormwater runoff from the under construction Medline is bringing sediment into the very waters of Seven Mile Creek that we must protect. Those of us who have chosen to live in Efland have done so because of the rural character of the area. Two weeks ago my husband and I hiked the Orange County Seven Mile Creek Natural Area. It was easy to see the sediment loads from recent rains. If Orange County is not very, very, very careful then soon our parks will resemble many parks in Cary and Raleigh where attempts to preserve habitats have fallen far short due to the long reach of development — both residential and industrial. I am opposed to the Buckhorn Area Plan. Area residents and commissioners need more time for thoughtful discussion and public engagement before any additional action is taken on this proposed plan. I strongly suggest that each of you drive by this area on West Ten, the site of MedLine, to see the environmental devastation that has occurred and will now continue long past our life spans in Efland. It is far easier to prevent environmental devastation than it is to remediate it. Del Ward said the opponents of Buc-ee's were not elitists, and he has similar concerns about Buckhorn Area Plan as he did to Buc-ee's. He said most Orange County residents do not know about the BAP, and the Planning Department has kept out public input. He said two parcels of land are in a protected watershed, and surround Gravely Hill Middle School. He said parents of children in schools need to be involved. He said more people will come to speak at meetings if Planning does not include residents more, and the public has not had the proper engagement, to which it is entitled. He asked the County to please slow this process down, and encourage community engagement and public input. He said the current actions are a violation of due process. He said he is anti-polluting water, not anti-development 8 Andrea Riley read the following statement: The Orange County Board of County Commissioners has just had the opportunity to decide whether protecting Seven Mile Creek, the Eno River, and the water supply for Hillsborough, Raleigh and communities further downstream was more important than the tax dollars or jobs that might have arisen from the development of a gas station on land that feeds those waterways. For your sensitivity to the need for water protection, we thank you. Now you are faced with the same dilemma again. The push for industrial development in the Buckhorn Area Plan requires the rezoning of agricultural and residential land, the extension of sewer and water to that land, and the annexation of that land by the city of Mebane. Industrial development in this area will threaten the same water supply that you wanted to protect by vastly increasing the amount of impervious land in the Buckhorn Area and by creating ground water runoff which will carry immense amounts of sediment into Seven Mile Creek, eventually polluting the Eno River and the water supplies of communities downstream. Annexing by Mebane will create a way around the existing water and sewer agreement signed by Orange County, Chapel Hill, Carrboro, Hillsborough, and OWASA in 2001, the Water and Sewer Management, Planning, and Boundary Agreement. This plan was created in order to share water and sewer obligations and to protect the rural buffers of all of the communities in Orange County. The limits to the extension of water and sewer provisions for these communities, and the protection of Orange County's rural buffers agreed to in this plan need to be upheld. Residents of Efland and northern Orange County have been promised water and sewer service for a long time. The decision about whom to serve, however, has been decided by County Planning in favor of industrial development and tax dollars instead of equitable service to all of the residents of this county. Orange County residents need to be involved in the process of deciding what kind of development should be undertaken in Orange County, where it needs to be located, and who should benefit. We hope that the Commissioners will take the time to learn about all of the issues involved with the Buckhorn Area Plan. The protection of clean water, agricultural and rural buffer zones, and residential zones; equitable access to water and sewer service for all Orange County citizens; freedom from air, light, and noise pollution and from traffic congestion for nearby residents- all of these issues should be considered and debated by citizens of Orange County and the Board of County Commissioners. We hope the BOCC will insist upon public input regarding the plan, will uphold the already agreed upon Comprehensive Land Use Plan, Efland/Mebane Small Area Plan, Unified Development Ordinance regulations, and Orange County Water and Sewer Management, Planning, and Boundary Agreement, and will enter into a binding agreement joint-area plan with Mebane so that both parties will be required to agree to any rezoning. The decisions made now about development in Orange County will impact the environment and citizens of Orange County for generations to come. We look forward to being able to engage with you on this important area plan. Thank you. Tim Spruill read the following statement: Hello. I am Tim Spruill and a resident of Efland in Orange County. I am here today to bring your attention to the Buckhorn Area Plan which this Board will focus on at the upcoming March 9th 9 meeting. I was not aware of the BAP, the plan that is being considered between Orange County and the City of Mebane, until this last November. This plan has, before any public discussion or comment, unofficially already been implemented, with the construction of Medline. In its current form, it is a poorly thought-out plan that has in my opinion, severely ignored physical and biological impacts on the primary water-supply for Hillsborough (the Eno River and the contributing tributary, Seven Mile Creek) and on groundwater that provides local well-water supplies and baseflow to Seven Mile Creek. Extensive creation of impervious surfaces will ultimately severely damage Seven Mile Creek and potentially cause siltation and flooding issues downstream. Most of the land within the Plan boundaries is in agricultural or rural residential use. The BAP will create difficulties for people who live in these areas, which have been previously zoned for these uses, by changing the zoning to industrial use categories. If the development extends south of West Ten Road, this will violate the existing agreement (WASAMBA) between Carrboro, Chapel Hill, and Hillsborough, which is intended to limit urban expansion into rural areas. Mebane should honor this agreement before the BAP is ever approved by the BOCC. There are multiple social, business, infrastructure, agricultural, traffic, and environmental issues that will impact people who live in the area, as well as others in Orange County. All of us, including you, the board of commissioners, need more time to adequately evaluate and discuss a more rational, inclusive and generally acceptable Buckhorn Area Plan. The Orange County Planning Department must stop trying to manipulate the BOCC and the public by keeping its plans under wraps until the last minute, much like what happened with the Buc-ees Efland Station plan. It is supposed to be a democratic process. I absolutely do not support the Buckhorn Area Plan in its current form-it is badly inadequate and is a breach of public trust in the system. I strongly urge the Board of Commissioners to allow much more time for public input and discussion, in order to ultimately produce a more broadly acceptable and perhaps even good plan before approving. Thank you for your consideration. Jared Cates said he lives a mile and a half from Area E of Buckhorn Area Plan. He said he works with a lot of Planners, and has always appreciated the Planning profession for engaging the community. He said the AICP principles for planners places the highest priority on responsibility to the public, and giving the public the opportunity to participate. He said most planners have held that in the highest regard, insuring community engagement, bringing information to the public, and being a sounding board. He said the current situation is really confusing. He said he has never heard of the BAP, yet thought he had done his due diligence when buying property. He said when the Mebane Planning Department passed the BAP he reached out to Jesse Day, Director of Piedmont Triad Regional Council, and expressed concern over the process. He said Jesse Day also expressed concern. He said this process is bad and undemocratic, and asked the BOCC to pump the brakes to allow input from community. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner Fowler said the Chamber of Commerce is leading a 10-week series on Covid, and she gave opening remarks at the first session last week. She said she attended the 10 Pauli Murray awards last week, and they were very well done and very moving. She congratulated all involved. Commissioner McKee reiterated his suggestion that the BOCC consider moving back into a public meeting format for the budget season. He said more vaccines are available; more groups are eligible for vaccinations; and the Commissioners can move back into in-person meetings to increase access for those who cannot join the meetings, due to technology limitations. Commissioner Dorosin asked if the legislative breakfast is still happening. Laura Jensen said it is scheduled for April 19, 2021. Commissioner Dorosin said he recently attended a Durham Tech board meeting, and there is a priority focus on racial equity, especially due to Covid. He said given that Orange County has prioritized Durham Tech's new building in the Capital Investment Plan (CIP), he raised the question of renaming Durham Tech to include Orange County, as the school serves multiple communities. He said he also raised the idea of adding representatives of Orange County and Chapel Hill Carrboro City Schools to the Durham Tech Board, just as has been done with the Durham Public Schools. Commissioner Hamilton said she also attended the Pauli Murray Awards ceremony, and was inspired. Commissioner Greene said she also was impressed by the Pauli Murray awards, and extended congratulations to the winners, participants, and planners. Commissioner Bedford said the Pauli Murray Awards speakers and presenters were very inspiring. Chair Price said the Pauli Murray Awards ceremony was amazing, and she was pleased to be there. Chair Price said she attended a GoTriangle committee meeting, where a guest, Hill Carroll, spoke about bringing World University Games to the Triangle in 2027. She said this could be a revenue generator, and GoTriangle would be involved for providing transportation. Chair Price said she attended a meeting regarding the Greene Tract. She said plans are moving forward for a memorandum of understanding (MOU) and a public information meeting. Chair Price said that the Governor has eased some of the restrictions for COVID-19, but everyone should still wear a mask, remain six feet apart, and get vaccinated when possible. She said there is a basketball game this weekend in Chapel Hill against Duke, and the university is making preparations to keep people safe and prevent spread of the virus. Chair Price said she got a phone call asking about the libraries reopening, and asked if the Manager would coordinate with the library director on this. Chair Price said World Water Day is on March 22, 2021, asked if a resolution from Brennan Bouma, Sustainability Director, could be prepared for the meeting on March 16`h Commissioner Dorosin referred to the information about the Greene Tract MOU, and asked if there is an update on this process. Chair Price said the environmental study was completed, and the group talked about how to work together, how decisions will be made, and how to inform the community at one time, via a public information outreach strategy. Commissioner Dorosin asked if there is a timeline for the MOU to come back to the Board. Bonnie Hammersley said the leadership went through the MOU at the last meeting, and agreed to forward it to the elected bodies. She said it should come to the Board in April. She said a major sticking point was whether there should be a majority vote or a unanimous vote. She said the decision was made for it to be unanimous, but there is a clause that a party can leave if it so chooses. She said the hope of the meeting was that all will work together. She 11 said the environmental assessment has been completed, and community meetings will be held to explain the results. Commissioner Dorosin asked if the environmental assessment has been sent to elected officials and posted on the website. Bonnie Hammersley said yes, because there was a Freedom of Information Act (FOIA) request on the environmental assessment. Commissioner Greene said this is the same MOU on which the Board was working many months ago, which was paused to allow for the environmental study. She said the results of the study are in line with what all expected. Bonnie Hammersley said yes. 4. Proclamations/ Resolutions/ Special Presentations a. Resolution Supporting the CROWN Act and Amending Chapter 12 of the Orange County Civil Rights Ordinance The Board considered voting to approve a resolution supporting local, state, and federal laws that prohibit discrimination based on a person's hair texture or hairstyle if that style or texture is commonly associated with a particular race, religion, or national origin; and also adopting an amendment to the Orange County Civil Rights Ordinance prohibiting this discrimination and authorizing the Chair to sign the resolution amending the Code of Ordinances. Annette Moore, Human Rights and Relations Director, stated the term "discrimination because of sex" includes sexual orientation and gender discrimination. She said in the ordinance, Section 12, 54-c, this resolution will make it unlawful to discriminate on the basis of hair texture or hairstyle, if it is commonly associated with race, national origin, or religion. Chair Price said the ordinance pertains to men and women. She read the resolution: BACKGROUND: The Resolution and Amendment support local, state, and federal laws that prohibit discrimination based on a person's hair texture or hairstyle if that style or texture is commonly associated with a particular race, religion, or national origin. Specifically, if those laws prohibit discrimination based on hair texture or hairstyle when participating in federally, state, and local assisted programs, housing programs, public accommodations, and employment. While a wide range of hair textures are typical among people of African descent, the decision to wear one's hair in a particular style is highly personal. The reason behind the decision may differ depending on the individual. Some wearers adapt styles designed as "protective" to maintain hair health, or as part of cultural identity, and or a variety of other personal, financial, medical, religious, or spiritual reasons. There has been a widespread belief that Black hairstyles are not suited for formal settings, maybe unhygienic, messy, disruptive, or unkempt. In 2014, the U.S. Department of Defense generally prohibited Black hairstyles. After a backlash by Black women serving in the Armed Forces, the ban was reversed in 2017, and the terms "matted and unkempt" were removed from the appearance regulations. These changes reflected a reevaluation of longstanding bias and discriminatory impact and the harms they caused on the military troops. A 2019 Joy Collective Study CROWN Research Study found that discrimination based on hairstyles has a real, measurable social and economic impact on Black women. The Crown Study also found that Black women were 80% more likely to agree with the statement that they 12 had to change their hair from its natural state to fit in at the office than White women. Wearing one's hair in a natural or protective style may also have significant physical and psychological harm to those who have to choose between maintaining their livelihood and education or their cultural identity and hair health. Black women have faced significant socio-economic pressure to conform to white or European beauty standards by straightening or relaxing their hair, which can cause emotional distress, including dignitary and stigmatic harm. Because of this stress, Black women are likely to spend more money on their hair, spend more money on professional hair styling appointments and products, and experience anxiety related to hair. These experiences highlight the consequences of being compelled to conform to the standards of White and European beauty standards or stigmatized for wearing one's hair in a natural style. The North Carolina Supreme Court, in 2003, declared the employment law section of the Orange County Civil Rights Ordinance (the Civil Rights Ordinance") unconstitutional. Later that year, the Board of Commissioners attempted to get statewide legislation passed that would allow counties to pass local ordinances protecting the rights of residence against employment discrimination. The legislation passed the House but stalled in the Senate. Today, North Carolina does not have a statewide Fair Employment Law, nor does it allow localities to protect its residents from employment discrimination. Staff recommends the following: 1. Supporting H.R 5309, Creating a Respectful and Open World for Natural Hair (CROWN) Act of 2020 prohibiting discrimination based on the individual's hair texture or hairstyle. (See Report Accompany H.R. 5309) 2. Supporting a similar CROWN Act legislation in North Carolina AND a North Carolina Fair Employment law to support the enforcement of the CROWN Act and other employment discrimination laws in North Carolina 3. Amending Chapter 12 of the Civil Rights Ordinance to prohibit discrimination based on a individual's hair texture or hairstyle, if the hair texture or hairstyle is commonly associated with the person's race, national origin, or religion (including a hairstyle in which hair is tightly coiled, locs, cornrows, twists, braids, Bantu knots, and Afros) The terms "national origin" and "religion" have the same meaning as in §12-6 of the Orange County Civil Rights Ordinance. The terms "national origin," "religion," and "race" include discrimination based on hair texture or hairstyle commonly associated with a particular race, national origin, or religion (including a hairstyle in which hair is tightly coiled, locs, cornrows, twists, braids, Bantu knots, and Afros). ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF AMENDMENT RESOLUTION IN SUPPORT OF ADOPTION OF THE CROWN ACTOR OTHER LEGISLATION PROHIBITING RACE-BASED HAIR DISCRIMINATION IN ORANGE COUNTY AND THE STATE OF NORTH CAROLINA 13 WHEREAS, Orange County is a community that prides itself on being composed of people who value diversity of backgrounds, cultures, beliefs, traditions and experiences; and WHEREAS, appreciation for diversity in all forms strengthens a community, fosters a welcoming environment, and is critical to a thriving, successful city; and WHEREAS, discrimination based upon natural hair texture and styles remains a source of racial bias, impacting educational and employment opportunities for people of color, particularly women and men of Black African descent; and WHEREAS, Orange County has developed a locally applicable non-discrimination ordinance that will prohibit discrimination in employment, public accommodations, and fair housing access against individuals who wear "protected hairstyles," which is defined in the pending ordinance as "any hairstyle, hair type, or hair texture historically associated with race such as, but not limited to, braids, locks, twists, tight coils or curls, cornrows, Bantu knots, and afros"; and WHEREAS, current state and federal law prohibit discrimination on the basis of race and ethnicity in employment, public accommodations, housing and schools, yet offers no protection to individuals with specific hair styles or textures related to race or ethnicity; and WHEREAS, a national movement to address the effects of long-term, insidious race discrimination in reaction to hairstyles and textures commonly associated with communities of color is being spearheaded by the CROWN Coalition, a national alliance founded by Dove, the National Urban League, Color of Change, and the Western Center on Law& Poverty; and WHEREAS, with the assistance of the Coalition, a wave of legislation has been enacted across the United States over the past eighteen months, both at the federal and state level, which specifically adds race-based hair discrimination to the legal definition of race discrimination; and WHEREAS, beginning in California in July 2019, The CROWN Act ("Creating a Respectful and Open Workplace for Natural Hair") now has been adopted in seven states and legislation is under consideration in more than twenty other states, as well as in Congress; and WHEREAS, at the federal level, the "CROWN Act of 2019" has been introduced by Representative Cedric Richmond (LA-2) in the form of H.R. 5309 in December 2019 and by Senator Cory Booker (NJ) in the form of S. 3167 in January 2020, and would amend a panoply of existing federal civil rights law prohibiting race discrimination in federally assisted programs, housing programs, public accommodations, employment, and access to equal rights under the law; and WHEREAS, the stated purpose of the identical bills is "to institute definitions of race and national origin for Federal civil rights laws that effectuate the comprehensive scope of protection Congress intended to be afforded by such laws and Congress' objective to eliminate race and national origin discrimination in the United States"; and WHEREAS, the pending federal bills include an initial section of Congressional "findings" providing an eloquent and compelling argument for the necessity of the proposed Act, as follows: (1) Throughout United States history, society has used, in conjunction with skin color, hair texture and hairstyle to classify individuals on the basis of race. 14 (2) Like one's skin color, one's hair has served as a basis of race and national origin discrimination. (3) Racial and national origin discrimination can and do occur because of longstanding racial and national origin biases and stereotypes associated with hair texture and style. (4) For example, routinely, people of African descent are deprived of educational and employment opportunities because they are adorned with natural or protective hairstyles in which hair is tightly coiled or tightly curled, or worn in locks, cornrows, twists, braids, Bantu knots, or Afros. (5) Racial and national origin discrimination is reflected in school and workplace policies and practices that bar natural or protective hairstyles commonly worn by people of African descent. (6) For example, as recently as 2018, the United States Armed Forces had grooming policies that barred natural or protective hairstyles that servicewomen of African descent commonly wear and that described these hairstyles as "unkempt". (7) In 2018, the United States Armed Forces rescinded these policies and recognized that this description perpetuated derogatory racial stereotypes. (8) The United States Armed Forces also recognized that prohibitions against natural or protective hairstyles that African-American servicewomen are commonly adorned with are racially discriminatory and bear no relationship to African-American servicewomen's occupational qualifications and their ability to serve and protect the Nation. (9) As a type of racial or national origin discrimination, discrimination on the basis of natural or protective hairstyles that people of African descent are commonly adorned with violates existing Federal law, including provisions of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), section 1977 of the Revised Statutes (42 U.S.C. 1981), and the Fair Housing Act (42 U.S.C. 3601 et seq.). However, some Federal courts have misinterpreted Federal civil rights law by narrowly interpreting the meaning of race or national origin, and thereby permitting, for example, employers to discriminate against people of African descent who wear natural or protective hairstyles even though the employment policies involved are not related to workers' ability to perform their jobs. (10) Applying this narrow interpretation of race or national origin has resulted in a lack of Federal civil rights protection for individuals who are discriminated against on the basis of characteristics that are commonly associated with race and national origin. (11) In 2019, State legislatures and municipal bodies throughout the United States have introduced and passed legislation that rejects certain Federal courts' restrictive interpretation of race and national origin, and expressly classifies race and national origin discrimination as inclusive of discrimination on the basis of natural or protective hairstyles commonly associated with race and national origin; and WHEREAS, the Orange County Board of County Commissioners has the responsibility to advocate on behalf of all of residents, and recognizes, as espoused by the CROWN Act of 2019, that "clear, consistent, and enforceable legal standards must be provided to redress the widespread incidences of race and national origin discrimination based upon hair texture and hairstyle in schools, workplaces, housing......and other contexts" and to "explicitly prohibit the adoption or implementation of grooming requirements that disproportionately impact people of African descent"; 15 NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of County Commissioners hereby: 1. Supports the passage of H.R. 5309 Creating a Respectful and Open World for Natural Hair Act of 2020 into law; 2. Requests the North Carolina General Assembly pass legislation similar to H.R. 5309 and a Fair Employment law that will protect all North Carolinians from all forms of employment discrimination; and 3. Support the inclusion of religious discrimination as a category of protected class in federal and state law. BE IT FURTHER RESOLVED that the Clerk to the Board is directed to send copies of this resolution to the Orange County delegation to the North Carolina Legislature, Governor Roy Cooper, North Carolina Senators Richard Burr and Thom Tillis, and US Representative David Price; and BE IT FURTHER RESOLVED that the Code of Ordinances, Orange County, North Carolina, Chapter 12, Section 54(c) be amended to add the following numbered section 12-54(c)(3), which section reads as shown in the attached revised ordinance to prohibit discrimination in Orange County. This the 2nd day of March 2021. Renee Price, Chair Orange County Board of Commissioners A motion was made by Commissioner Hamilton, seconded by Commissioner Greene, to approve the Resolution and adopt the Ordinance and authorize the Chair to sign the Resolution amending the Code of Ordinances. Commissioner Dorosin asked if there is a reason why religious discrimination was included under the resolved section, as religion is protected by the first amendment. He expressed concern over inclusion of religious discrimination, as it could be used for justification for non-compliance for non-discrimination laws. Commissioner Dorosin said he would like to remove the third point under the "now therefore be it resolved" section. Commissioner Hamilton agreed. Annette Moore said it is for protection of hairstyles that are associated with religions, like Rastafarianism. She said she was not including religion as a protected class, but rather wanting to insure that people would not be forced to change a hairstyle that is worn due to religious reasons. Commissioner Dorosin said the way the third item is written, does not reflect the intent just outlined by Annette Moore. Annette Moore said the background in the agenda abstract aligns with the third item. Commissioner Greene said it would be better to phrase it as support for the inclusion of religion as a protected class, rather than religious discrimination. She said overall she supported Commissioner Dorosin's request that item 3 not be included. 16 Commissioner Dorosin said the ordinance is consistent with the way Annette Moore described, but the resolution is not. He made a friendly amendment to remove item 3 under "NOW, THEREFORE, BE IT RESOLVED." Commissioners Hamilton and Greene accepted the friendly amendment. Commissioner Fowler said there was a typo in the ordinance, "hair textures of hair styles," which should read, "hair textures or hairstyles." Chair Price said she the Clerk to the Board would correct the typos in the resolution and the ordinance, as well as remove number three under "NOW, THEREFORE, BE IT RESOLVED." Roll call ensued VOTE: UNANIMOUS b. Resolution Recognizing March 3, 2021 as a Day of Reflection, Commemorating the First North Carolinian Diagnosed with COVID-19 The Board considered voting to approve a resolution recognizing March 3, 2021 as a day of reflection, commemorating the first North Carolinian diagnosed with COVID-19 and authorizing the Chair to sign. Chair Price asked Quintana Stewart, Public Health Director, to introduce the item. Quintana Stewart said it is hard to believe it has been a year since the first Covid case was identified in North Carolina. She expressed thanks to the Commissioners and the County Manager's Office for their support over the last year. Commissioner Hamilton read the resolution: BACKGROUND: On March 3, 2020, Governor Roy Cooper identified the first case of COVID- 19 as a person who had traveled to Washington State and was exposed at a long-term care facility. The second case in NC was identified on March 6, 2020 in a person who had traveled to Italy. By March 7th, NC had five new additional cases. On March 10th, Governor Cooper issued an executive order declaring a State of Emergency. As of February 24, 2021, Orange County has administered 26,716 first doses and 17,911 second doses COVID vaccinations. Frontline Healthcare workers, essential workers, first responders, and a host of community volunteers continue to work tirelessly to vaccinate the community. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS A RESOLUTION RECOGNIZING MARCH 3, 2021 AS A DAY OF REFLECTION, COMMEMORATING THE FIRST NORTH CAROLINIAN DIAGNOSED WITH COVID-19 WHEREAS, North Carolina reported its first case of COVID-19 on March 3, 2020; and WHEREAS, since the start of the COVID-19 pandemic, North Carolina has experienced nearly 845,000 COVID cases and 11,000 deaths; and WHEREAS, Orange County has experienced over 7,500 COVID cases and 93 deaths over the past year; and 17 WHEREAS, the United States has recently surpassed over 500,000 deaths from COVID-19; and WHEREAS, our frontline health care and essential workers have faced incredible challenges as we battled the pandemic and continue providing the services our residents need; and WHEREAS, the COVID-19 pandemic has taken a physical, mental and emotional toll on our frontline health care and essential workers and residents; and WHEREAS, our county, state and nation are grieving the hundreds of thousands lives lost as well as personal, financial, economic and other impacts of the pandemic; and WHEREAS, we continue to fight the pandemic by caring for those battling the virus, continuing our research on treatment and prevention, and vaccinating our residents; and WHEREAS, we will continue working together as a community until we can bring an end to the COVID-19 pandemic; NOW THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that March 3, 2021 is declared a Day of Reflection for the lives lost and severely impacted by the COVID-19 pandemic. This day will also recognize the hard work, dedication and sacrifices of our frontline health care and essential workers that have selflessly served our community during this time. This the 2nd day of March, 2021. Renee Price, Chair Orange County Board of Commissioners A motion was made by Commissioner Hamilton, seconded by Commissioner Dorosin, to approve and authorize the Chair to sign the resolution recognizing March 3, 2021 as a day of reflection, commemorating the first North Carolinian diagnosed with COVID-19. Roll call ensued VOTE: UNANIMOUS Emily Ziegler, UNC Director of Local Government Affairs, said the battle is not yet over, but reflected on the perseverance of the community. She said health care workers have worked tirelessly over the past year. She said UNC Health is always here as a partner for Orange County. Commissioner McKee thanked the Health Department for everything it is doing to get the community vaccinated. Commissioner Bedford reiterated Commissioner McKee's remarks. She said she is grateful for public health workers, and noted the care that the Health Department is working to identify those in the community who are disproportionately harmed by Covid. Chair Price said the work the Public Health Department is doing is phenomenal. 18 Quintana Stewart said North Carolina is ranked #1 from Kaiser Family Foundation for vaccinating those over age 65. She said she will share the BOCC feedback with her employees. She said UNC Health has been a huge partner, and she is grateful for the community volunteers who have been assisting with the vaccine clinics. c. Presentation on Orange County Bail Reform Initiatives The Board received a presentation regarding the ongoing Bail Reform Initiatives in Orange County facilitated by Jessica Smith, W.R. Kenan, Jr. Distinguished Professor and Director of the Criminal Justice Innovation Lab at UNC's School of Government. BACKGROUND: In April 2018, the Orange County Board of Commissioners unanimously adopted a Resolution Supporting 3 Days Count—A Nationwide Effort to Make Communities Safer and Ensure Better Outcomes for All by Applying Common Sense Solutions to Widespread Pretrial Justice Challenges. The Resolution recognized that pretrial detention, even for a few days, is de- stabilizing to people's lives and can have severe consequences. The money bail system in North Carolina disproportionately impacts people of color and those with insufficient financial resources and does not adequately address true risk to the community. While Orange County has implemented many of the evidence-based best pretrial practices including an internalized Pretrial Services program in the Criminal Justice Resource Department (CJRD), the use of an empirical risk assessment tool, providing defense counsel at the first appearance, the increased use of pre-arrest diversion and citations in lieu of arrest, Orange County was still incarcerating individuals on secured bonds in the majority of cases. Since 2019, Orange County senior court stakeholders and the Criminal Justice Resource Department have collaborated to implement new bail reform initiatives that build on the efforts that have been underway here for many years. A Pretrial Work Group was established and led by Senior Resident Superior Court Judge Allen R. Baddour. In addition to court, law enforcement and pretrial services stakeholders, the Work Group includes Commissioner Renee Price and bail reform advocates in Orange County. The Work Group received funding from the County Manager, the CJRD and the District 18 Judicial Bar to contract with Professor Smith to facilitate the design and implementation of these new initiatives. The goal of the Working Group is to eliminate the unnecessary pretrial detention of individuals who do not present a significant risk but who are detained pretrial because they are unable to afford money bonds imposed in their cases. The Work Group decided on two critical reforms to address initially: A new structured decision-making tool to guide magistrates' bail decisions; and A new decision-making process for responding to non-appearances in District Court. Following many meetings and the support of all stakeholders, the decision-making tool became effective in October 2020. The Non-Appearance policy became effective in January 2021. The District 18 Local Bond Policy was amended to include these new reforms. The CJRD supported the Criminal Justice Innovation Lab's application for grant funding to complete an evaluation of the impact of these reforms. The grant funding was awarded and the evaluation will examine the impact of the reforms on release conditions being imposed, jail bookings, non-appearance rates, new pretrial criminal activity and other justice system metrics. The funding also will support a validation of the County's pretrial risk assessment tool and 19 assistance to the Work Group and Judge Baddour in issuing a new, comprehensive local bail policy. The Lab's first quarterly evaluation report is scheduled to be released in May 2021. Caitlin Fenhagen, Criminal Justice Resource Director, introduced Judge Samantha H. 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 Caitlin Fenhagen,C1RD Director Judge Allen R.Baddour,Senior ResidentSuperior Comtjudge judge Samantha H.Cabe,Chief Di strict Courqudge Inequities in Pretrial Release Practices Relianceor on money-based pretrial system is racially and economically biased.It automaticallydisadvantages people of color,who are less likely to afford money bond. African-Americansare 66%and Latino individuals are 9156 more likelyto remain in jail pretrial than similarly situated White individuals. r 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%hig her. Impacts of Pretrial Detention r 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 20 Benefits of Pretrial Reform for Orange County r Reduce Inequities and Disparities Reduce Explicit and Implicit Bias r 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 r Reduce Pretrial Population and Costs to County NOW010m, Understand the Costs r Daily Cost of Incarceration - $111+ per day Jail Cast Allocation ae1 Goers an. s s�.mo .�,ae.om S w.s.00v a .tea icosrcriomm. Orange County Pretrial Practices Internalized Pretrial Services under QRD 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 2:00pm Mon-Fri on Misdemeanors, Felonies and orders for Arrest District Attorney and PD Present BPS monitoring available only for higher risk individuals < No cost to individuals for Pretrial supervision or GPs court date notification and check-ins are automated Data collected by Jail dashboard and QRD Pretrial software Shrink the Funnel:Increased Use of Citations,Pre-Arrest Deflection Programs,Decriminalization COVID-19 Urgent Measures Strike Order Hearings held Thursdays 21 New Bail Reform Initiatives Pretrial Work Group created In early 2019 Mlsslon:Fllminate unnecessary pretrial detention for individuals who do not pose a significant risk but are unable to afford a money bond Members Indude:Judge Baddour,Judge Cabe,DAJlm 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 ,Facllltation by UNC School of Government Criminal Justice Innovation Lab and professor Jessica Smith (support from County Manager,CJRD and District Bar) koftwoul Judge Allen R. Baddour presented the following slide: Core Reforms New Structured Decision-Making Tool to Guide Magistrates'Initial Bail Decisions 1 'd.I,..:'. Flowchart Matrix with Checklist Presumption far conditions other than a secured band for Class 1-3 Misdemeanors Allows for Release to Pretrial Services Requires documentationfora secured(money)band Form completed in every case Preserves magistrate discretion Implemented October 2020 1000000, Judge Samantha H. Cabe presented the following slide: Core Reforms New Decision-Making Process for Responding to Non-Appearances in District Court Encou rages alternatives to Orders for Arrest for Non- Appearance Applies only in District Court Suggests rescheduled court date for first non-appearance in law level misdemeanor cases Preserves judicial discretion Judge completesform for each non-appearance explaining decision mple me nation January 2021 bfth� Cait Fenhagen resumed the presentation: 22 Evaluation and Next Steps The Criminal Justice 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 Questions/Concerns Commissioner Bedford asked if Strike Order Court could be explained. Caitlin Fenhagen said this is unique to Orange County. She said it is for when a person fails to appear at court, and an order of arrest is issued. She said the person can come into court, prior to being arrested, and ask the judge to strike the order and explain why they failed to appear. She said every Thursday morning individuals can attend Strike Order Court, and do not have to appear before a judge to request it, if it is their first time failing to appear. She said those with multiple failures to appear give information to pretrial services, which is provided to the judge, and hopefully that warrants a strike order. Commissioner Hamilton commended everyone for the effort, and noted the collaboration between Commissioners, Judges and Magistrates, the University, the criminal justice resource center, etc. She said this is a model for other actions in the County. Commissioner Dorosin echoed Commissioner Hamilton's comments and praise. He asked if other states were researched in the design of this project, and if there are plans to expand the project in the future. He also asked if this work is coordinated with other projects in the County, such as the driver's license restoration project. Judge Cabe said the driver's license restoration project was brought back into discussions. She said, previously, individuals who failed to appear would be put in the 20-day pile, and the license revoked by DMV. She said this practice was determined to be harmful, despite the lack of arrest, and information is now provided with the reschedule information to those who are not facing DWI charges. She said if people miss court twice, they are still provided with restoration information when they do appear at court. Caitlin Fenhagen said this work is completely integrated, and involved in the strike court process. She said there is an intake, which identifies outstanding issues to help people. 23 Caitlin Fenhagen said Mecklenburg County has no money bond guidelines at all, and is the only place in North Carolina to do so. She said five or six states have eliminated cash bail altogether, but that presents its own problems as it allows people to be held under a preventative detention statute, which can also lead to disparities. She said there are lots of ideas nationally, but she would want to proceed cautiously when making changes. Judge Baddour said Orange County is a model, and the work being done is forward thinking and systemic. He said there is more work to do, and they will keep doing it. He asked if people would forward ideas, as all are open to any suggestions. He said Orange County is at the forefront of these issues, and he hopes all are proud of what is being done. d. Women's History Month Proclamation (moved from Consent Agenda item 8-h to Special Presentations) The Board considered voting to approve a proclamation recognizing March 2021 as Women's History Month in Orange County authorizing the Chair to sign. Chair Price asked if Commissioner Greene would read the resolution: BACKGROUND: Celebration of Women's History Month had its roots in the socialist and labor movements in New York City. The first "Women's Day" took place on February 28, 1909. The day honored the one-year anniversary of the garment worker's strikes that had taken place in New York, where thousands of women marched for economic rights. That strike followed another strike that occurred in 1857 when garment workers marched for equal rights and 10-hour work days. Within two years the event grew into an international event. In 1975, the United Nations officially began International Women's Day; which will be celebrated on March 8th this year. At the inception of Women's History Month, feminists in the United States saw the designation of the month as a way to celebrate a history that had largely overlooked the contributions of women in America. Women's History Month has its origins as a national celebration in 1981 when Congress authorized and requested President Jimmy Carter proclaim the week beginning March 7, 1982 as "Women's History Week." In 1987, the Women's History Month Project petitioned the US Congress to designate the month of March as "Women's History Month." Ronald Reagan was the first president to proclaim March as Women's History Month. Currently, local, state and federal governments annually proclaim March as "Women's History Month." Each year the National Women's History Alliance declares a theme. The 2021 theme is "Valiant Women of the Vote — Refusing to be Silenced." ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS WOMEN'S HISTORY MONTH PROCLAMATION WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and WHEREAS, American women have played and continue to play critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; and 24 WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, because of the courage of so many bold women who dared to transcend preconceived expectations and prove they were capable of doing all that a man could do and more, advances were made, discoveries revealed, barriers were broken and progress triumphed; and WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; and WHEREAS, the Orange County Board of County Commissioners on March 25, 1976, established the Orange County Commission for Women to promote the growth and development of all Orange County women and continue to promote the efforts of women and it has been doing for more than 40 years. NOW, THEREFORE, do we, the Board of Commissioners of Orange County, North Carolina hereby proclaim March 2021 as "Women's History Month" and commend this observance to Orange County residents and call upon them to celebrate the women in their lives with appropriate programs, celebrations and activities. THIS THE 2nd DAY OF MARCH, 2021. Renee Price, Chair Orange County Board of Commissioners A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to approve and authorize the Chair to sign the resolution recognizing March 3, 2021 as a day of reflection, commemorating the first North Carolinian diagnosed with COVID-19. Roll call ensued VOTE: UNANIMOUS Vicki Jones, Orange County Training and Performance Manager, said one of the Department of Equity and Inclusion initiatives is to offer Virtual Lunch and Learns to the County. She said the March Lunch and Learn will feature Dr. Joanne Wilson from Duke Health. She invited the Commissioners to attend the Lunch and Learn, on Tuesday, March 16, 2021, and to submit ideas for future Lunch and Learns. e. Big Night in for the Arts (added to Special Presentations during Additions or Changes to the Agenda) t. One night,four counties. 25 Katie Murray made the following PowerPoint presentation: loin us as we celebrate and support the arts rommunities of the Triangle. Proceeds will fund arts programming,Initiatives far equity In the arts,and arts relief efforts. THURSDAY,MAt2CH 71 17PM - BI NIGH IN The arts has been one of the ''�� • - hardest-hit industries of the �• Corona�irus Pandemic. Eery part of the arts sector has:seen impacted: • Museums Actors • Teaching spaces Dancers • Festivals&events Musicians • Live music venues - Set builders • Galleries&retailers Visua!artists • Theater&film venues SoundNighting engineers BI NIGH IN One year of closed arts venues: =One year of unemployment for most creative workers =One year of lost tax revenue for local and stake government T Dne year of no audience spending in neighboring businesses BI NICH IN DCAC Response: �• Orange County Arts Support Fund:5101,322 raised to date Disbursed S1fifik state CARES grants and$5ok County support grants Served as source of information for local arts community THE IMPACT OF COVID-19 FOUR ART5 COUNCILS TOGETHER WITH WRAL: 26 WHAT IS BIG NIGHT IN? BI NIGH IN A regional initiative that will be r �• broadcast and lire streamed in partnership with WRAL, featuring performances from Ivcal and national talent. Funds raised will help local artists and arts/cultural organizations begin their path to recovery. 61 NIGH IN CHAPEL HILL �P n i.�HAM GApNER PITTS[40 RO RAL EIGH a 6RANFOR[1 SCOTTY -.I I.L 4F'Ir.'.4 MANDOLIN QRANGE MkRSA LIS MCCREERT ':�LLi �'_LJ'-- BI NIGH IN • Jaki Shelton Green Sisters'Voices �• • C.J.Suite Carlos Gonzales • Fred Joiner Valces Chorus • Jonathan Byrd Puppet5how,lnc. • XOx6K Meet the Moment Art Walk • VNC Arts Everywhere FRANK Gallery • Hillsborough ArtsCouncll PlaymakersRepertoryCompany • The ArtsCenter Carolina Performing Arts 27 FEATURING • Ginger Wagg!Wild Actions Local public art FUNDSBI NIGH IN $265,000 four countytotal as of March 1 w� m t LDCAL SPONSORS: �• CHAPELHILL PH' FAR I HIGHROCK Astaic Furcn FARMS HOW 4ASSILf yAVS Lr O DONATEBI NIGH IN DONATE ONLINE»>www.BigNightln.arg �• CALL I N »�5pm-8:30pm on March 11 {number TBA) TEXT»>Text'i4RT5"to 919-869-1015 28 fG f " . One nigK four counties, joinwa,we celebrate and support the arts communities of the Triangle, "o'..d s wil I fund arts prograrrinning initiatives for equity in the arts,and arts relief efforts, Commissioner Greene said Katie Murray and others have raised over $100,000 for the community. Commissioner Fowler recognized the difficulties artists have faced over the last year, including not being able to express their art. Chair Price thanked those who put the event together, and encouraged the community to watch. A motion was made by Commissioner Fowler and seconded by Commissioner Hamilton to recess the meeting for 3 minutes. Roll call ensued VOTE: UNANIMOUS RECONVENE THE MEETING Commissioner Fowler was not yet present, but due to a quorum of board members being present, Chair Price asked for a motion to reconvene the meeting. A motion was made by Commissioner Dorosin and seconded by Commissioner Hamilton to reconvene at 9:22 p.m. Roll call ensued. VOTE: UNANIMOUS 5. Public Hearings None Commissioner Fowler returned to the meeting at 9:25 p.m. 6. Regular Agenda a. 203 South Greensboro Project— Southern Branch Library and Skills Development Center 29 The Board reviewed options and authorized the approach necessary to reconcile the budget for the 203 Greensboro Project, which, at the completion of the Schematic Design phase, is estimated to be $1,807,160 over the approved budget. BACKGROUND: At the March 10, 2020 Orange County Board of Commissioners Business meeting, the Board approved a final scope and budget for the construction of the 203 Project, named for its address at 203 South Greensboro Street, Carrboro, NC. This project is a joint venture between the Town of Carrboro and Orange County that is intended to construct an Orange County Southern library branch as well as permanent facilities for the Skills Development Center. The Town of Carrboro's portion of the project includes meeting spaces, a small theater, and office space. The proposed site of the development is an existing Carrboro municipal parking lot. The design process began in April 2020 and involved a series of interviews and meetings with the proposed building occupants. This work continued through the year and culminated in the development of a Schematic Design (SD) including a detailed cost estimate. As shown in the chart below, the total SD cost estimate was $2,592,533 over budget. Orange County's portion of the project was estimated to be $2,409,812 over the authorized budget of$15.6 million. Attachment 1 provides the detailed Schematic Design estimate for the project. Approved Project Budget $22,282,000.00 Schematic Design Estimate $24,874,533.00 Deficit -$2,592,533.00 Of the total estimated deficit, $2 million can be attributed to parking deck costs that exceeded initial budget assumptions. The approved budget anticipated the construction of a pre-cast parking deck costing $25,000 per parking stall. However, the limited size of the building site imposed constraints that required the construction of a "cast in place" parking deck costing $36,170 per parking stall. In addition, the original budget was based upon the construction of 83 Orange County parking stalls while the deck design requested by the building occupants increased that total to 112 stalls. The fol owing chart summarizes this information. 4 of stalls Cost per stall Parking Cast ❑riginal Parking Budget 83 $25,000 $2,075,000 Schematic Design Estimate 112 $36,170 $4,075,274 During December 2020, the project team conducted a Value Engineering (VE) exercise in an effort to close the funding gap. A number of reduction strategies were employed, resulting in a reduction of Orange County's portion of the deficit to $1,807,160. Attachment 2, the 203 Schematic Design Cost Reduction Summary, provides details regarding the VE efforts taken to date. Attachment 3 provides a cost allocation matrix that divides the VE savings between the Town of Carrboro and Orange County. Several strategies can be used to reduce the remaining $1.8 million deficit. The following table outlines different strategy combinations in five different options. 203 Project Budget Options Option 1 Option 2 Option 3 Option 4 Option 5 Eliminate 20 stalls from $ (401,970) $ (401,970) $ (401,970) parking deck to Town 30 Ordinance minimums Eliminate an additional 20 stalls from parking deck and $ (780,788) $ (780,788) replace with offsite leased spaces Transfer FFE 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% 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 Strategies $(1,807,160) $(1,807,160) $(1,807,160) Debt Finance Total Project $1,807,160 Deficit Debt Finance with $950,000 $857,160 in Project Offsets Option #1 • Reduce parking stalls to the number required under the Town's Land Use Ordinance - $401,970 Through the design process, the facility occupants requested 20 more parking stalls than the number that would be required under the Town's Land Use Ordinance. This request was made prior to knowing the very high cost of the cast in place structure. Since these parking spaces would be considered excess, this reduction can be accomplished without replacing those spaces. • Reduce and replace an additional 20 parking spaces - $780,788 The Town's ordinance would allow the County to replace constructed parking spaces on site with leased spaces in the surrounding area. The elimination of 20 additional spaces in the parking deck would result in a construction cost savings of $780,778 and an addition of approximately $6,000 to the annual operating budget to lease off site spaces. • Reduce furniture, fixtures, and equipment (FFE) - $447,775 The total FFE budget is $1,250,000. A portion of the FFE budget ($447,775) could be transferred to the construction budget. This reduction would leave $802,225 for FFE and result in reusing some of the existing classroom furniture, office furniture, and AV equipment. 31 • Reduce Sound Transmission Class (STC) rating of the window glazing in 57% of the windows - $117,827 Sound Transmission Class (STC) is an integer rating of how well a building partition or window attenuates sound. A reduction in the STC rating of window glazing will make the building noisier. The windows will transmit more outside noise from traffic into the building. • Reduce construction contingency from five percent (5%) of construction costs to four point five percent (4.5%) - $58,800 Reducing the project contingency to 4.5% would accomplish the remaining savings. Since this project is using a Construction Manager at Risk construction method, the need for a robust owner's contingency is slightly reduced. Option #2 • Option #1 Parking Reductions - $1,182,758 Utilize the same parking reduction strategies contained in Option #1 • Smaller reduction of FFE - $375,000 A smaller FIFE reduction would reduce the reuse of existing furniture and equipment. This reduction would leave $875,000 for FFE. • Reduce the STC rating of fewer windows - $74,824 This option reduces the STC rating on thirty-six percent (36%) versus fifty-seven percent (57%) in Option #1. • Maintain construction contingency reduction from five percent (5%) to (4.5%) — 58,800 This option maintains the same contingency reduction as Option #1. • Shell out orientation room - $63,000 The facility design currently includes an orientation room that is intended to support the Skills Development Office as they introduce new clients to services offered by the office. This option would shell out that room meaning that interior mechanical, electrical, structural, life safety, and finishes would not be constructed at this time. Rather, the space would be ready for renovation should funds become available. • Remove outdoor terrace and green roof- $52,778 The facility design currently includes an outdoor terrace that would be used for outdoor social gatherings. Removal of the third floor outdoor terrace would eliminate a building amenity, but it would not impair the services provided in the facility. Option #3 The third reduction option would reduce the scope of the overall project that was approved by the Board. It is included only to represent the full range of options available to eliminate the estimated project deficit. • Reduce parking stalls to the number required under the Town's Land Use Ordinance - $401,970 32 This option only reduces the number of parking stalls to the minimum required under the Town's ordinance. This option does not contemplate replacing an additional 20 spaces with leased stalls. • Shell out library and eliminate the library FFE budget - $1,262,000 This option would defer construction of the library portion of the facility but preserve the buildout of the library at a future date when funds become available. Shelling out the space would save $512,000. Since the library would not be functional, this option also eliminates $750,000 associated with the library's FFE budget. • Smaller reduction of FFE for Skills Development - $84,390 This reduction would leave $415,610 for FFE in the Skills Development Center which would be sufficient to eliminate or minimize the reuse of furniture and equipment. • Maintain construction contingency reduction from five percent (5%) to (4.5%) — 58,800 This option maintains the same contingency reduction as Option #1. Option #4 This option would increase the budgeted amount for the project to accommodate the schematic design cost estimate. It would add $1,807,160 to the project budget. This option would require a budget amendment. Borrowing an additional $1,807,160 would add up to $160,000 in annual debt service payments. Option #5 This option increases the project budget by $1,807,160 but also provides $950,000 in offsetting project reductions in the Capital Investment Plan (CIP) to reduce the overall impact on the County's debt requirements to $857,160. Specifically, the Board could choose to eliminate the conservation easement project budgeted in Year 1 of the CIP and eliminate the Justice Center generator project. The conservation easement project is funded by $500,000 in debt financing while the generator project is funded with $450,000 in debt financing. This option would also require a budget amendment. Next Steps Assuming that the library space is constructed and fully functional, it will require an increase in annual operating costs of approximately$538,000. This new resource may also shift library usage from the Chapel Hill library to the County's Southern Branch site. Since FY 14-15, Orange County has contributed $568,139 annually to support library services to Orange County residents who live outside the municipal limits of the Town of Chapel Hill. When the Southern Branch Library is open, County staff will evaluate the impact the new branch has on the demand for services at the Chapel Hill Library. This analysis will inform funding decisions that will be necessary to operate the Southern Branch Library. Travis Myren, Deputy County Manager made the following PowerPoint presentation: 33 Agenda Item&a, ORANGE COUNTY NORTH CAROLINA 203 South Greensboro Project Board of Orange County Commissioners March Z 2021 The 203 Project—An Evolution • Lon®History of Discussion • Current Librarylnvestraents -MaM lBrarcF-HaelnmrgF swts<Tnnnw pemrg mm -Cykrary 4MeDeugb Elememary Lecatiena-Carihoro -C.—Wien W­,W Hill Library •5%0.10g Annua lVPeelq Gam•ooilm ORANGE COUNTY The 203 Project—An Evolution • December2017-Execution a Joint Development Agreement -TaWa Adaim9trar a space The Ana Center cl CarMoro -aa�.ca„my seWFero eraeu rwrary -co.y -41%orshared coats Total Prefect...-46,-.— Spring Spring 2020-Initial Cost Estimates and Scope Adjustments -The Art Centr cl Caitboro WilMraws h Pmlect doe to Costs Town/W 5.950eTuare Met Ceanly Adds Permanent 5ite rm 5kgs Deve.—t Carder St 2,500 Wq reel) -c *u coat AJecaltm-5-arshme4 casa Tow Pro)eet audpn-415,a M,444 O14N1GErC21J The 203 Project—An Evolution • Spring 2020-Design Process Begins • Winter 2020-Schematic Design Cost Estimates -Cotnt Costa-32,409,612 Gver eudpn • Preliminary Value Engineering Reduce Core HeigM by 4 Met -llae Lower Grave Crone Use Gypsum Irsleed of Meld nt Remove Terrace Ftoeilnp x.n sFMIWte W.Ptl1—Concrete Total Wlue En9h5eenng$avlaga of$002,652 • Remaining Project Deficit-$1,807,160 ORANC�[OUNTY 34 7r s OPKI;ErCOO;p ATY The 203 Project—Cost Comparison s s � - �.rae..xad 5 �S�so B S 1 OPA�n Eu O�L!r The 203 Project—Parking Difference #ofstalls Costperstall Parking Cost XdnalParkigButet 83 $25,000 $2,075,000 Schematic Design Estimate 112 $36,170 $4,075,274 • Numberof5tallslncreasedby29 -MS ,E.—efTewnLaiduseONO— • Costper5talllncreasedby$11,170 oue to site ca..oremn(c..c m ei.oe ORALES2L'I Y The 203 Project—Options to Eliminate Deficit zo3 vroyea s�dset oeeloY. m sraa B tl..uT 8 tr Y�.s�ap 8 yr� OKAY IIE CO�UN iY 35 The 203 Project—Debt Analysis .bt M. ....I w� ..If h ORAhIGE C2UN TY The 203 Project—Tax Equivalent Analysis T.Egnmdent Debt analysis in Comer,$I0a Vela . O,RAA Eu OMY The 203 Project— Board Action • Approve one or more of the 103 Greensboro Street Project options Mimed above to eliminate a projected S1,BOL 160 p4ea deficit • Itnecessaty,authorize staff to present a budget amendment at an upcoming meeting to effectuate the changes. r 'I IIT Commissioner Fowler referred to parking, and asked if these numbers were reached through discussions with the construction manager. She said if the first twenty spaces are removed, it adjusts the cost by$400,000, but removing the next 20 adjusts the cost by $780,000. She asked if there is a reason for this difference. Travis Myren said removing spots in increments of 40 adjusts the building's core and the elevator would not have to go up as far. He said this adjusts the building's infrastructure. Chair Price referred to the Justice Center generator, and asked if the impacts of deleting this could be identified. Travis Myren said the Sheriff's department is the only area of the Justice Center with an emergency generator. He said if the power is out, court cannot meet until power is restored. He said the new Clerk of Court requested the generator. Commissioner Dorosin said he is most in favor of the last option, with offsetting capital costs, and reduced incremental debt service by $85,000 a year. He said the County is currently giving over$568,000 to Chapel Hill Library. He said if$85,000 is taken out of this funding, it would cover the debt service increase. He said the money would still be related to library 36 services. He said does not want to cut the library or reduce the parking. He said reusing fixtures and furniture from buildings and centers that will be vacated will reduce costs. Commissioner McKee asked for clarification on differences between the approved budget for the project, and the new costs for the schematic design. Travis Myren reviewed them. Commissioner McKee confirmed the combined cost for Carrboro and Chapel Hill, and said Orange County would fund over half of the costs. Commissioner McKee asked if the $2 million change is a result of the new schematic design, and has come into play since last spring. Travis Myren confirmed, and said this came into play in November 2020. Commissioner McKee said he is concerned that the difference between pre-fabricated versus poured in place was not known earlier in the design process. He said this seems like an obvious factor to consider. He said the costs have been escalating, and he expects this to continue. Travis Myren said the guaranteed maximum price will be known in late September. Commissioner McKee said the price could increase between now and September. Travis Myren said yes, that is possible. Commissioner McKee asked if there is a reason the BOCC is looking at this now before the start of the budget process. He said he does not think it is financially responsible to borrow even more money. Commissioner McKee said he is not interested in building a shell building, and the proposed savings is not that great, given the importance of the project. Commissioner Greene said the reason the BOCC is looking at this tonight is because Carrboro has to get approval from the Local Government Commission (LGC) for their funding process. Commissioner Greene said this branch library has been discussed for a long time, and this discussion at the meeting is part of the political process. She said Carrboro considered the parking issue for a long time. She said she is not interested in changing the parking structure. She said she is most interested in options 4 and 5. She said under option 5, the County could reduce payments to the Chapel Hill Library, once the new library begins attracting patrons. Commissioner Bedford asked if reviewing the CIP would delay the project by 3 months. Travis Myren said if there is a delay, the next opportunity to get a borrowing package in front of the LGC was January 2022. Commissioner Bedford said she would like to take the time to understand how it impacts the CIP, and possible tax rate increases. She said she is not interested in a shell building and wants to preserve the parking spaces. She said the BOCC will hear from the Behavioral Task Force in April, as well as from the schools, and so many needs are unknown at this time. She said the BOCC does not have updated revenue projections, and it is important to consider the things that counties are required to do, like maintenance at the schools and courts. She said all County projects have an equity element. She said she wants to see the full picture with the budget. Commissioner Hamilton asked if Carrboro's timeline could be identified. Bonnie Hammersely said there is a requirement for a decision within 45 days of the end of schematic design, which is March 7, 2021. She said there is liability if the Board does not go forward with the project after that date. She said, because of audits, the timing of when a financing package goes before the LGC is significant. She said there can be delays to review and approval, if the package is submitted too late. She said the final design will be done by September, so the project can go before the LGC. Commissioner Hamilton asked if September is the real deadline. 37 Bonnie Hammersely said yes, September is the deadline for the maximum spending to be known. She said in order to get everything done by September the design process needs to be started. She said it could not start until the schematic phase was done, which was just completed after a period of pause. Commissioner Hamilton asked if holding a decision on the project for a month would affect the design process. Bonnie Hammersley said yes, waiting would make the design timeline too tight, and getting in front of the LGC would not be possible. Commissioner Hamilton asked how the project got into this situation. She said the County is in a corner. Bonnie Hammersley said the County is not managing this project. She said the parking question has been discussed for several years. She said the timing is unfortunate. Commissioner Hamilton expressed concern about not funding the Justice Center generator, due to the impact on those who are in the court system. She said access to the courts is important. Chair Price asked for an explanation on the conservation easement, and the pros and cons of eliminating. Travis Myren said there was $1 million in the conservation easement project. He said two projects will likely closely in by the end of the fiscal year, which would leave a remaining balance of about $400,000. He said the next time the County could borrow for conservation easements is 2023. Chair Price asked if there is a reason why the County went from 42% funding to over 50%. She said she understands that one partner pulled out, but wants to understand why the County is responsible more than 50% of the project. Travis Myren said the increase is a result of locating the skills development center at the site. Commissioner Dorosin said the most important thing is the development agreement that the County signed. He said he feels the County is bound to that agreement, and the County has a long-term commitment to the project. He said there is an important racial equity aspect to it. He said the property is currently used as a parking lot, so the parking needs are important to the project. He said, with any delay, the County can expect the costs to go up. Commissioner Dorosin said he was not sure how valuable the generator would be to the courthouse, given that a power outage would affect many other people in the community. He said almost half of the users of the Chapel Hill Library come from out of town. He said the library has been closed the last year, but the County still gave over$500,000. He referred to school capital projects, and said he will want to know how money was used last year, given the absence of students from the buildings. He said he hopes that projects were addressed. He said budget adjustments can be made throughout the year, and he felt that revenues will improve. Commissioner McKee asked if the liability of not meeting the March 7, 2021 deadline could be identified. He said he feels that he is being rushed into making a decision, due to Carrboro instructing the designer to go ahead with the design process. Bonnie Hammersley said Carrboro has instructed the design process to proceed. Commissioner McKee said he feels that his back is against the wall, and Carrboro made a decision without talking to its partners. He asked if missing the September deadline would kill the project. Bonnie Hammersley said Carrboro does not want to abandon the project. She said staff has been working for a while on various options for providing parking, and she apologized for the Commissioners feeling rushed. 38 Commissioner McKee said he supports building the parking spaces and having a final building constructed, rather than a shell building. He said he wants to wait until the guaranteed maximum price is available, and look at the building with the other budget and CIP issues. He said a delay at this point is not significant, given the length of time the project has been discussed. John Roberts said if a decision is not reached, both parties could walk away without any penalties, and just responsible for their own costs. He said if neither party wants to walk away, then there are fewer liability concerns. Commissioner Greene said there is no desire to walk away from the project, and the County entered into a development agreement. She said she feels the generator for the court system is important, but it was added at the request of the new Clerk of Court, and she feels it could be removed from the list. She referred to the conservation easements, and said she would like to soften the blow by reducing the contingency fee. She referred to the windows, and would be interested in option 2, knowing that windows can be replaced at a later time. She said this option would bring the conservation easement down by a few hundred thousand dollars. She said everyone wants to support this project, and, in general, this has been a good partnership, and she wants the County to come to the table. Commissioner Fowler said the rental income for the parking spaces would take 130 years to make up for the costs of the parking spaces, and this is an expensive way to increase economic development. She said she would take funding from the conservation easements, as well as the justice center generator, plus Option 1-rows 3, 4, and 5, which would leave $300,000 to be financed by debt. She said if the BOCC must make a decision tonight, she wants to minimize the debt financing. She said this is a nice project, and something the County would very much like to do, but the County has obligations, such as school construction. She said she would like to reduce the amount of parking, in an effort to reduce the amount of cars, in favor of public transportation and biking. Commissioner McKee said a reduction of 20 parking stalls in Option 1, in addition to Commissioner Fowler's suggestions would provide enough money to make up the difference in costs. Chair Price said she wanted to move forward on the project, as the library is an essential community resource for families and for providing equity. She said the location is a good home for the skills development center. She said the BOCC has to move forward and cannot stagnate, despite the pandemic. She said any changes made are budget amendments to this year's budget. She said she is interested in options 1 and 5. She said the windows could be removed and existing furniture can be reused, but she wants to keep the parking spaces. She said she would be willing to delay the conservation easements, and forego the court generator. Commissioner Dorosin asked if, in the future, funds could be moved around again, if revenue projections change. Bonnie Hammersley said yes, funding is only adopted for 1 year, and changes can be made to the plan at a later date. She said power outages typically do not happen at the justice center, as the court usually shuts down when there is bad weather. A motion was made by Commissioner Dorosin to transfer the FFE in Option 1, reduce the construction contingency, reduce the STC rating for window glazing to 36%, remove the justice center generator and delay the conservation easements. Commissioner Bedford asked if changing the windows affects energy efficiency. Steve Arndt of Asset Management Services said the energy efficiency remains intact. Commissioner Fowler seconded Commissioner Dorosin's motion. 39 Commissioner McKee asked if these changes total $1.5 million in savings. Travis Myren said yes. Commissioner McKee offered a friendly amendment to reduce the parking stalls by 20, and to reduce the degree of reuse in FFE. Commissioners Dorosin and Fowler did not accept the amendment, and said the remaining amount would be funded by debt. Commissioner Bedford said she supports the motion, and wants to see the usage of the library before removing funding from the Chapel Hill Library. Commissioner Bedford asked for clarification of moving CIP budget amounts around within 5 years. Travis Myren said moving items around within the five years would not affect the overall tax rate impact. Commissioner McKee said he will support this motion, but he was frustrated by having to act fast on the project. He said he is pleased to see the support the library has among the Commissioners. He agreed with Commissioner Bedford about observing usage numbers, and possibly renegotiating the funding for Chapel Hill Library down the road. Roll call ensued VOTE: UNANIMOUS 7. Reports NONE 8. Consent Agenda • Removal of Any Items from Consent Agenda • Approval of Remaining Consent Agenda • Discussion and Approval of the Items Removed from the Consent Agenda Item 8-h was approved earlier in the meeting during Special Presentations. A motion was made by Commissioner Greene, seconded by Commissioner McKee, to approve the remaining consent agenda items Roll call ensued. VOTE: UNANMIOUS a. Minutes The Board approved the draft minutes for the January 22 and 23, 2021 virtual Board of County Commissioners retreat. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for five taxpayers with a total of five bills that will result in a reduction of revenue. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for twelve taxpayers with a total of nineteen bills that will result in a reduction of revenue. 40 d. Applications for Property Tax Exemption/Exclusion The Board considered three untimely applications for exemption/exclusion from ad valorem taxation for three bills for the 2020 tax year. e. Fiscal Year 2020-21 Budget Amendment#8 The Board approved budget and grant project ordinance amendments for fiscal year 2020-21 for the Department on Aging; Housing and Community Development; Board of Elections; Orange County Public Transportation; Health Department; and Arts Commission. f. Updates to the Assistance Policies for the 2020 North Carolina Housing Finance Agency (NCHFA) Urgent Repair Program (URP20) and Essential Single-Family Rehabilitation Loan Pool (ESFRLP20) The Board approved and authorized the County Manager to sign the revised URP20 and ESFRLP20 Assistance Policies, thereby adopting the revised policies. g. Robert & Pearl Seymour Center Corporate Water Easement and Dedication Letter with Orange Water and Sewer Authority (2551 Homestead Road, Chapel Hill) The Board: 1) Approved a Corporate Water Easement and dedication letter with Orange Water and Sewer Authority (OWASA) for the Robert and Pearl Seymour Center; 2) Authorized the Chair to sign the Corporate Water Easement paperwork upon final County Attorney review; and 3) Authorized the County Manager to sign the Dedication Letter upon final County Attorney review. 9. County Manager's Report Bonnie Hammersley referred to the requests to reopen the library, and said many library staff are assigned to work at vaccination clinics or to respond to calls. She said these employees are not essential employees, and do not qualify for the vaccination yet. She said, therefore, the library will remain closed for the time being. Bonnie Hammersley reminded the Commissioners that the City of Mebane will be present at the March 9t" work session. Commissioner McKee asked for confirmation that the waitlist for vaccinations is updated regularly, Bonnie Hammersley said the list is reviewed regularly, and the Health Department said it is quite accurate. Commissioner Hamilton reminded everyone that there are other partners throughout the community that can provide vaccinations. Commissioner Greene said the county makes it easy to opt out of the waitlist if you get vaccinated elsewhere 10. County Attorney's Report NONE 11. *Appointments NONE 12. Information Items • February 16, 2021 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Measure of Enforced Collections • Tax Assessor's Report— Releases/Refunds under $100 41 13. Closed Session NONE A motion was made by Commissioner McKee, seconded by Commissioner Dorosin, to adjourn the meeting at 10:49 p.m. Roll call ensued VOTE: UNANMIOUS Renee Price, Chair Laura Jensen Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.