HomeMy WebLinkAboutAgenda - 05-04-2021; 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 4, 2021
Action Agenda
Item No. 8-a
SUBJECT: Minutes
DEPARTMENT: Board of County Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes (Under Separate Cover) Laura Jensen, Clerk to the Board, 919-
245-2130
PURPOSE: To correct and/or approve the draft minutes as submitted by the Clerk to the Board
as listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
Attachment 1: April 6, 2021 Virtual Business Meeting
Attachment 2: April 13, 2021 Virtual Budget-CIP Work Session
Attachment 3: April 19, 2021 Virtual Legislative Breakfast
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
Attachment l
1
1 MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 VIRTUAL BUSINESS MEETING
5 APRIL 6, 2021
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday,
9 April 6, 2021 at 7:00 p.m.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
12 and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, Commissioner
13 McKee (arrived at 8:00 pm)
14 COUNTY COMMISSIONERS ABSENT: NONE
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified
18 appropriately below)
19
20 Chair Price called the meeting to order at 7:00 p.m.
21
22 A roll call was called; all members were present except for Commissioner McKee
23
24 Due to current public health concerns, the Board of Commissioners is conducting a Virtual
25 Business Meeting on Tuesday, April 6, 2021. Members of the Board of Commissioners
26 participated in the meeting remotely. As in prior meetings, members of the public were able to
27 view and listen to the meeting via live streaming video at
28 http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on
29 channels 1301 or 97.6 (Spectrum Cable).
30
31 In this new virtual process, there are two methods for public comment.
32 • Written submittals by email
33 • Speaking during the virtual meeting
34
35 Detailed public comment instructions for each method are provided at the bottom of this
36 agenda. (Pre-registration is required.)
37
38 1. Additions or Changes to the Agenda
39
40 A motion was made by Commissioner Hamilton, seconded by Commissioner Greene, to
41 add a closed session at the end of the meeting, pursuant to G.S. § 143-318.11(a)(3) "to consult
42 with an attorney retained by the Board in order to preserve the attorney-client privilege between
43 the attorney and the Board."
44
45 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board
46 in order to preserve the attorney-client privilege between the attorney and the Board."
47 Roll call ensued
48
49 VOTE: UNANIMOUS
50
2
1 Chair Price dispensed with reading the public charge.
2
3 Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks
4 those attending this meeting to conduct themselves in a respectful, courteous manner toward
5 each other, county staff and the commissioners. At any time should a member of the Board or
6 the public fail to observe this charge, the Chair will take steps to restore order and decorum.
7 Should it become impossible to restore order and continue the meeting, the Chair will recess
8 the meeting until such time that a genuine commitment to this public charge is observed. The
9 BOCC asks that all electronic devices such as cell phones, pagers, and computers should
10 please be turned off or set to silent/vibrate. Please be kind to everyone.
11
12 Arts Moment— No Arts Moment was available for this meeting.
13
14 2. Public Comments (Limited to One Hour)
15
16 a. Matters not on the Printed Agenda
17 Robb Levinsky said he wanted to speak on the land use planning process and Buckhorn
18 area plan. He said there has not been much public engagement, and this plan will effect the
19 County for generations to come. He said it would have significant impact on those who deserve
20 input. He said his concern goes beyond the scope of the plan, and residents live here because
21 they value the rural residential character of the County. He said rural buffers should be
22 developed between Mebane and Efland. He said industrial development projects are like a
23 cancer, ruining everything in their path. He said nothing in the plan sets appropriate limitations,
24 and Orange County does not want to be the next Newark, New Jersey. He urged the Board to
25 please choose wisely.
26 Catherine Matthews read the following statement:
27 Hello County Commissioners. I'm back. First let me thank you for your World Water Day
28 proclamation and then let me thank Commissioner Greene for attending our World Water Day
29 Celebration in Efland. I wish more of you could have attended this event to learn about our
30 efforts to preserve clean water and undisturbed land in Orange County. I'm here tonight to ask
31 you how you intend to respond to our President's climate agenda.
32
33 One of Biden's goals is to conserve nearly a third of US land and ocean waters by 2030. Biden's
34 proposal, known broadly as 30 by 30, is to preserve 30% of our lands and 30% of our ocean
35 waters by 2030 (9 short years away). Currently, only 12 percent of the country's land and 26
36 percent of its oceans are protected.
37
38 While Biden's goal is laudable, I think we need to look at our past in North Carolina to see how
39 this national goal might be enacted. Twenty years ago the General Assembly and Gov. Hunt
40 declared that North Carolina should add 1 million more acres of protected land as parks,
41 forests, natural areas, farmlands, etc. before the end of 2010. In 2020, 10 years later, North
42 Carolina finally attained that goal.
43
44 North Carolina's population continues to grow along with greater land development pressures
45 for conversion of private farmlands and forests to intensive development. With the kind of
46 demands on limited water supplies, consequences of a changing climate, diminished food
47 production, need for outdoor recreational opportunities, 11% is simply not enough!
48 The bottom-line, of course, is "what is enough?" What percentage would guarantee not only our
49 survival, but the biodiversity of planet Earth. E. O. Wilson, a preeminent biologist at Duke
50 University, said that we must conserve 50%. Wilson makes his argument clear in a 2016 book,
51 called Half-Earth.
3
1 As a member of a Voice for Efland/Orange I am holding each of you responsible for behaving in
2 an ecologically sane manner. While we collectively stopped Buc-ees, another massive
3 development crept in. While we do not expect to deconstruct Medline, we do expect Medline to
4 work with the North Carolina Wildlife Federation to protect what remain of the acres not covered
5 in concrete.
6
7 We are opposed to the development in the Buckhorn Area Plan. You must decide is it 30% or
8 50% of Orange County lands that will be preserved. Thank you.
9
10 Fiona Johann read the following statement:
11 Hello, I'm Fiona Johann and I've been an orange county resident for 20 years. I want to start by
12 thanking our BOCC and staff for meeting with the Mebane City Council in reference to the
13 Buckhorn Area Plan in March. I am excited to see what kind of strategic planning will come from
14 these two groups joining together to work on this important topic.
15
16 In regards to the Buckhorn Area Plan I want to focus a bit on Gravelly Middle School. Gravelly
17 Middle School serves Mebane residents who also live in Orange county, which is geographically
18 half of Mebane. Gravelly Middle school currently serves 485 6-8 graders. Those middle
19 schooler's are already surrounded on two sides by Medline and the highway. The Buckhorn
20 Area Plan proposes surrounding the school and soccer fields by even more industrial builds.
21 Every other middle school in Orange County is surrounded by residential housing, other schools
22 and nature. What message are we sending to our middle schoolers and their parents by
23 surrounding their school by industrial development? What will that do to their mental and
24 physical health?
25
26 We know that children benefit from being surrounded by nature. This isn't news to anyone, in
27 fact in 2003 Nancy Wells an environmental psychologist and Gary Evans an environmental and
28 developmental psychologist co-published the following findings, "In a rural setting, levels of
29 nearby nature moderate the impact of stressful life events on the psychological well-being of
30 children. Specifically, the impact of life stress was lower among children with high levels of
31 nearby nature than among those with little nearby nature." (Wells, Evans, 2003) How can we
32 know something and have it proven by science and still decide that industrial builds near a
33 school are the good option?
34
35 Not only am I concerned for the children's mental health but also their physical health. The
36 traffic on west Ten will turn to primarily 18 wheelers coming from Medline and the approved Al
37 Neyer distribution center. Isn't that enough risk? Do we really need to add more 18 wheelers to
38 the area and trust that it will just "work out?" There is the risk of accidents but let us not forget
39 the emissions that will come from these vehicles as they break, park, ideal and start in an area
40 so close to the school. Children participate in sports on the middle school complex and soccer
41 fields, are we really okay with putting them in a situation of breathing in even more diesel fumes
42 while breathing heavily for extended periods of time? At least now there are a lot of trees in the
43 area to help absorb emissions, what happens when we cut down our nature provided filters to
44 create even more air, sound and water pollution?
45
46 You all know I have multiple problems with the Buckhorn Area plan, but today I am focusing on
47 the children that live here. We are hurting their futures in more way than one by extending the
48 industrial development area. They will lose nature around their school, in the area they live and
49 also be more prone to long term mental and physical health problems if you continue to expand
50 economic development districts into a historically rural residential and agricultural area. Let us
51 live up to the expectations of our community and do better.
4
1 While on the topic of schools and working with Mebane I would like to mention that Mebane city
2 has 300 new family homes in progress and are most likely to approve another 400 all on the
3 Orange County side of the city. I would like to confirm that the school board and commissioners
4 are aware of all these new developments that will affect Cheeks Elem and Gravelly middle.
5 Mebane City said they invited Orange County officials to these conversations but no one has
6 attended. I wanted to make sure you all of aware of this growth that will directly affect Orange
7 County Schools.
8 Lib Hutchby said she is a grandparent of 5, and has promised her grandchildren to
9 protect the water, air, and soil. She thanked the Board of County Commissioners (BOCC) for its
10 world water day proclamation. She said water does not just fall from the sky and it does not
11 originate in plastic water bottles. She said humans are dependent on water to survive, just as
12 they are dependent on oxygen. She said the Haw River is polluted with polyfluoroalkyl
13 substances(PFAS), the "forever chemical". She said water across the nation contains harmful
14 things, like arsenic and lead. She PFAS has such tight bonds that are almost indestructible, and
15 are very dangerous. She asked if Orange County has tested its water for PFAS, and if the
16 BOCC has a plan to protect the water in Seven Mile Creek. She asked if the BOCC will choose
17 to protect water forever, or protect forever chemicals.
18 Andrea Riley read the following statement:
19 I've been wondering how Orange County citizens and the Orange County Board of
20 Commissioners are going to be able to conserve our land and water resources for future
21 generations — resources that are among Orange County's greatest assets, and that, once paved
22 over or polluted, can be reclaimed only at great cost and with immense difficulty. I'm also
23 wondering if the Commissioners are aware that there is now a contract on what was to be Buc-
24 ee's land, and if they know what is planned for this land. And, are you also aware that significant
25 portions of two of the areas being considered for development in the Buckhorn Area Plan are a
26 part of the Critically Protected Watershed surrounding Seven Mile Creek?
27
28 Will there be so much impervious ground cover in these developments that it produces water
29 runoff and pollution of Seven Mile Creek, the Eno River, and the headwaters of the Neuse
30 River, contaminating the drinking water of Hillsborough, Raleigh, and communities further
31 downstream? And will it inhibit the recharge of the groundwater necessary to sustain Orange
32 County wells and provide enough water during predicted droughts? Will the plants and animals
33 dependent upon the Seven Mile Creek ecosystem survive?
34
35 Shouldn't all land in a Critically Protected Watershed and upstream from Seven Mile Creek be
36 conserved and given a zoning designation that protects it from environmental degradation,
37 rather than be zoned for industrial development? And shouldn't Orange County begin to require
38 permeable ground cover for all new developments in order to protect our water resources and
39 land?
40
41 The Board of County Commissioners needs to demand strict adherence by any future
42 developments to the requirements established in our Comprehensive Land Use Plan, the UDO,
43 the Efland/Mebane Small Area Plan, and the Water and Sewer Management, Planning and
44 Boundary Agreement (or, WASMPBA). These plans are rapidly becoming outdated, however,
45 and have yet to be aligned with the plans of the Mebane Planning Department and Mebane City
46 Council.
47
48 Orange County needs to create a binding Joint Land Use Plan with Mebane, and also invite the
49 inclusion of that town into the Orange County WASMPBA, in order to realize that plan's stated
50 goals for all of Orange County, namely:
5
1 1. To provide a comprehensive, County-wide system of service areas for future utility
2 development;
3 2. To complement growth management objectives, land use plans and annexation plans in
4 existing agreements;
5 3. To resolve in advance and preclude future conflicts about future service and annexation
6 areas;
7 4. To provide for predictable long-range water and sewer capital improvement planning and
8 financing; and
9 5. To provide for limitations on water and sewer service in certain (buffer) areas.
10 In order to counter the rapidly advancing environmental threats and increasing commercial
11 pressures from the neighboring town of Mebane, Orange County needs to act NOW— in
12 conjunction with Mebane - to protect the land and water resources it has — both for its citizens'
13 present well-being, and for future generations. Thank you.
14
15 John Dempsey read the following statement:
16 The North Carolina Natural Heritage Program recently compiled 2 lists of plants, insects and
17 animals living in the Sevenmile Creek watershed that they identify as Significantly Rare, of
18 Special Concern, Threatened or Endangered. One of the lists covers the Buckhorn Area Plan's
19 Growth Areas `C' and 'D' and identifies 10 species that meet this criteria. In addition to the
20 species cited there are also four Natural Communities identified as Rare. An example of a Rare
21 Natural Community is the Sevenmile Creek Sugar Maple Bottom. It consists of a large stand of
22 southern sugar maple, hackberry and swamp chestnut oak; and includes a variety of herbs
23 growing in its understory.
24
25 Their second list covers Growth Area 'E'. It names 16 species as Significantly Rare, of Special
26 Concern, Threatened or Endangered and identifies 8 Rare Natural Communities. The North
27 Carolina Natural Heritage Program's list is not definitive and they advise people to check with
28 other agencies, such as the US Fish and Wildlife Service, for species not included in their
29 survey that may also be considered threatened or endangered. In this case the Neuse River
30 Waterdog is not included on the North Carolina Natural Heritage Program's lists. However the
31 US Fish & Wildlife Service includes areas C, D and E within its range and has proposed to
32 Congress that it be classified as an Endangered Species.
33
34 It is also of note that the North Carolina Resources Commission published a conservation plan
35 for five rare aquatic species in the Neuse and Tar-Pamlico Rivers just this past December. It
36 calls for"Establishing and maintaining working relationships between governing bodies (federal,
37 state, and local), universities, private landowners, private companies, and conservation
38 organizations" in order to protect these species from extinction.
39
40 This is not the first time that a critical watershed has been crossed by an Interstate Highway.
41 When a highway does cross a watershed then you get a corridor that suddenly has increased
42 economic market value and market interest. Those market forces that determine value for
43 economic purposes do not factor for the environmental costs of development. That is the task of
44 local government with zoning jurisdiction. What is the value of Sevenmile Creek? What dollar
45 amount can be placed on a system as rich and as beneficial to Orange County as Sevenmile
46 Creek? It is the upper reach of our watershed, recently studied as a viable potential municipal
47 water reservoir. Considering the projected future growth in our part of Orange County and the
48 beneficial environmental resource that it is, then we should follow the North Carolina Resources
49 Commission's lead and protect Sevenmile Creek with appropriate zoning restrictions while
50 working towards long term protections for this priceless resource. Thank you
51
6
1 Tim Spruill read the following statement:
2 Hello, I am Tim Spruill and have lived in Orange County in Efland for more than 20 years. I am
3 concerned about the disappearance of the rural countryside in Orange County east of Mebane
4 and the degradation of Sevenmile Creek, which will receive drainage from the proposed
5 development by Mebane. This all results in a lower quality of life for those who prefer and value
6 rural areas, good water quality, and good biodiversity.
7
8 In 2019, new rules were passed by the State Legislature governing development in critical and
9 protected watersheds (and are shown in the table that I sent in my letter). The County
10 governments that have land use authority within designated water supply watersheds shall
11 adopt and enforce ordinances and watershed maps that meet or exceed the requirements of the
12 law to protect water supply watersheds.
13
14 My concern is that the planned development will negatively impact Seven Mile Creek, a High
15 Quality Water that also contributes a major portion of water to Hillsborough's public water supply
16 (it empties directly into Lake Ben Johnston) and provides habitat for a multitude of invertebrate
17 and vertebrate species, several of which are considered threatened or endangered. Large areas
18 of impervious surfaces in the form of building roofs and parking areas will ultimately cause an
19 increase in biological impairment of the receiving streams, a decrease in water quality, an
20 increase in flow magnitude, and an increase in sediment loads, effectively creating a lifeless
21 and ugly urban stream as urbanization increases. I am concerned that existing laws concerning
22 allowable buildouts with impervious surfaces are too high-up to 24% for Critical Watersheds and
23 up to 30% for Balance of Watershed (which is a Protected Watershed in Sevenmile Creek
24 between Buckhorn Road and Efland/Hillsborough) will cause severe water quality and biological
25 degradation of Sevenmile Creek and significant degradation of Hillsborough's water supply from
26 Lake Ben Johnston. Research over the past 20-30 years has shown much lower impervious
27 surface percentages cause significant water quality and biological degradation- only 10%
28 impervious coverage in a watershed can cause significant (25% or more) biological community
29 degradation according to a 2012 USGS study. There are several other studies that offer similar
30 conclusions.
31
32 It is the responsibility of Orange County and Mebane to enforce existing State Laws at a
33 minimum, and to consider and hopefully adopt, stricter rules governing critical (6 % maximum
34 impervious) and protected (12% maximum impervious) watersheds to preserve the character of
35 the rural environment between Mebane and Efland/Hillsborough, as well as to limit any
36 development to north of West 10 Road only, to ensure protection of the water quality of
37 Sevenmile Creek and Hillsborough's water supply. Thank you.
38
39 b. Matters on the Printed Agenda
40 (These matters will be considered when the Board addresses that item on the agenda below.)
41
42 3. Announcements, Petitions and Comments by Board Members
43 Commissioner Fowler petitioned the Board to declare May Mental Health Awareness
44 month.
45 Commissioner Hamilton said she had no comments.
46 Commissioner Greene petitioned the Board to start planning legislative agenda items
47 earlier in the year, so that the Board may provide input to the legislative delegation earlier in the
48 process.
49 Commissioner Greene petitioned the Board to add a component to its development
50 review: a concept review. She said she would like this to be added before a development
51 proposal goes to the Planning board. She said this addition would avoid the situation where
7
1 proposals go to the Planning board and others before it comes to the Orange County Board of
2 Commissioners. She said this would apply when rezoning is requested. She said the purpose
3 would be to engage the Commissioners at the beginning of the process, instead of the end, so
4 that the public has an idea of what the proposal is about.
5 Commissioner Dorosin suggested that the BOCC members on the legislative agenda
6 committee should be removed from the December discussion of boards, and rather decided
7 earlier in the year, such as September.
8 Commissioner Dorosin asked if there is an update about his request for the next steps
9 on Buckhorn Area Plan. He said he would like to see the response accelerated. He said he
10 appreciates the civic engagement residents have shown regarding the Buckhorn Area Plan. He
11 said he would like the plan to very clearly state when opportunities for citizen and resident
12 engagement will be available. He also mentioned Orange County's strong history of
13 environmental protections, and said he would like for more context to be provided to the public.
14 Commissioner Bedford said she had no comments.
15 Chair Price said she met with a group of people from Medline, as well as Commissioner
16 Bedford, the County Manager, Durham Tech staff, and Economic Development staff to discuss
17 economic impacts in the community and employment opportunities. She said Medline is eager
18 to be an active and good neighbor.
19 Chair Price said she attended the Quarterly meeting with NCDOT, which included
20 Hillsborough Mayor Jen Weaver and Planning Director. She said regional transportation was
21 discussed, specifically support of the Hillsborough train station. She said negotiations will be
22 needed to allow trains to actually stop at the train station.
23 Chair Price said American Rescue Plan funds will come around May 10, with the other
24 half about a year later. She said Orange County may be eligible for$20-29 million, and she is in
25 discussion with other local government entities about possible economic development projects
26 that could be pursued.
27 Chair Price referred to the Buckhorn Area Plan, and said there is a proposal that the
28 Mebane City Council will voting on tomorrow to allow 409 residential units on the Orange
29 County side, which will impact the schools. She suggested the Board continue to set up
30 ongoing meetings with Mebane. She said this is one example of continued development, as
31 well as the need to work out the Buckhorn Area Plan. She said she and other Commissioners
32 reviewed new State statutes on how the Planning Board will conduct business and how to
33 approach community participation in regards to Buckhorn Area Plan. She suggested the BOCC
34 look at areas A and B, as well as the whole picture to determine the low hanging fruit. She said
35 it is important to engage the community as much as possible.
36 Commissioner Dorosin said he requested last week that the schools provide information
37 on what they have done with normal operating funds that were not expended, due to Covid. He
38 said since he made that request, it has become clear that there will be a great deal of federal
39 funding coming to schools, and he would also like to know how the schools plan to spend those
40 funds. He said he would like any update on these funds at the joint meeting with the schools
41 later this month.
42
43 4. Proclamations/ Resolutions/Special Presentations
44
45 a. Resolution for the Re-naming the New Orange County Environmental
46 Proclamation Recognizing Judicial District 15-B District Court Judge Beverly A.
47 Scarlett Upon Her Retirement
48
49 The Board considered voting to approve a proclamation recognizing Judicial District 15-
50 B District Court Judge Beverly A. Scarlett upon her retirement.
51
8
1 BACKGROUND:
2 Beverly A. Scarlett was appointed as a Judge for Judicial District 15-B of the North Carolina
3 District Court System in 2007, becoming the first Woman of Color to serve the district in this
4 capacity. Judge Scarlett was subsequently elected to the same position by the voters of
5 Orange and Chatham counties in 2012, 2016 and 2020.
6
7 Judge Scarlett has served the residents of Orange and Chatham counties tirelessly and with
8 distinction as a District Court Judge, and has announced her plans to retire. The attached
9 proclamation recognizes and expresses sincere gratitude to Judge Beverly A. Scarlett for her
10 exemplary service, and congratulates Judge Scarlett on her retirement.
11
12 Chair Price introduced the item.
13 Commissioner Greene thanked Judge Scarlett for being an inspiration to her during her
14 time as an assistant prosecutor on the drug treatment and family courts with Judge Buckner,
15 and congratulated her on her career.
16 Latarndra Strong recounted the first time she met Judge Scarlett through their children,
17 who were friends. She said, at that time, she did not know that Judge Scarlett was a judge, but
18 she was a firm parent with high expectations. She said she has learned a lot from Judge
19 Scarlett. She said Judge Scarlett loves this community, and it is evident in her stories and her
20 decades of services. She said she hopes Judge Scarlett is blessed in her retirement, and
21 thanked her for her service.
22 Empress Roi recounted when she met Judge Scarlett during a custody trial. She said
23 her attorney pressed for her case to be heard by Judge Scarlett, who, after careful deliberation,
24 restored her custody rights. She said the decision changed her children's trajectory. She said
25 she is happy to have an opportunity to express her thanks and respect to Judge Scarlett upon
26 her retirement.
27 Chair Price said Judge Scarlett has become a true friend, and the roots of the Scarlett
28 family go deep and wide in Orange County.
29 Chair Price read the proclamation:
30
31 ORANGE COUNTY BOARD OF COMMISSIONERS
32 PROCLAMATION
33 RECOGNIZING JUDGE BEVERLY A. SCARLETT
34
35 WHEREAS, Beverly A. Scarlett was born in rural Orange County into a family with deep and
36 extensive roots in the county; and
37
38 WHEREAS, in 1983, Scarlett received her undergraduate degree from Saint Augustine's
39 College, and later enrolled in North Carolina Central University School Law where she earned
40 her Doctor of Jurisprudence in 1993; and
41
42 WHEREAS, Scarlett became the first Woman of Color from Orange County to have a solo
43 private law practice in Hillsborough; and
44
45 WHEREAS, Scarlett became the first Woman of Color to work in the Prosecutorial District 18 as
46 an Assistant District Attorney; and
47
48 WHEREAS, in 2007, former Governor Mike Easley appointed Scarlett to serve as Judge for
49 Judicial District 15-B of the North Carolina District Court System, which includes Orange County
50 and Chatham County, and thus became the first Woman of Color to serve in this capacity in the
51 district; and
9
1
2 WHEREAS, Judge Scarlett subsequently was elected as Judge for Judicial District 15-B in
3 2012, 2016 and 2020, consistently running without opposition; and
4
5 WHEREAS, as many Women of Color, Judge Scarlett has had to fight against sexism and
6 racism during her careers; and
7
8 WHEREAS, throughout her career, Judge Scarlett has remained a staunch advocate for the
9 rights of children, women and families, and has promoted accountability and community safety
10 to assure safe homes for child well-being and development;
11
12 NOW THEREFORE BE IT PROCLAIMED that the Orange County Board of County
13 Commissioners, on behalf of the people of Orange County, hereby recognizes and expresses
14 sincere gratitude to Judge Beverly A. Scarlett for her exemplary service to Orange County, for
15 breaking barriers and challenging systems, and for her numerous contributions for the
16 betterment and advancement of her community; and
17
18 BE IT FURTHER PROCLAIMED that the Orange County Board of County Commissioners, on
19 behalf of the people of Orange County, congratulates Judge Beverly A. Scarlett on her
20 retirement, and hopes that her life journey hence forward will abound in excitement and joy.
21
22 This the 6th day of April, 2021.
23
24
25 Renee Price, Chair
26 Orange County Board of Commissioners
27
28 A motion was made by Chair Price, seconded by Commissioner Dorosin, to approve and
29 authorize the Chair to sign the proclamation.
30
31 Roll call ensued
32
33 VOTE: UNANIMOUS
34
35 Judge Scarlett said she was emotional thinking of her family members who went through
36 difficult circumstances to survive, and on whose shoulders she stands. She said it has been an
37 honor to serve in every capacity. She said she loved her job as a judge, and made decisions
38 that she felt were in the best interests of her community. She said she has a sisterly bond with
39 Latarndra Strong. She recounted meeting a person in the courtroom for whom she used to
40 clean toilets. She read a passage written by Langston Hughes. She said she loves her
41 community.
42 Commissioner Hamilton thanked Judge Scarlett for her service, and for demonstrating a
43 model of perseverance.
44
45 b. Proclamation Recognizing Thom Freeman-Stuart
46 The Board considered voting to approve a proclamation recognizing and expressing
47 gratitude to retired Orange County Assistant Deputy Clerk Thom Freeman-Stuart.
48 Commissioner Bedford read the resolution:
49
50
51
10
1 BACKGROUND:
2 After almost 15 years of dedicated service to Orange County, Thom Freeman-Stuart retired on
3 March 31, 2021.
4
5 Following a career in the private sector, Thom Freeman-Stuart joined Animal Services in 2003
6 as an Office Assistant. He then became an Accounting Technician with the Department of
7 Social Services in 2008. Mr. Freeman-Stuart joined the Board of County Commissioners' office
8 as an Assistant to the Clerk in 2013 and was reclassified to an Assistant Deputy Clerk in 2017.
9
10 Mr. Freeman-Stuart managed the advisory boards and commissions process, by recruiting
11 volunteers, maintaining records, ensuring appointments were made in a timely manner, and
12 acting as the liaison between the Board of County Commissioners and the advisory boards and
13 commissions. Mr. Freeman-Stuart also oversaw the day to day financial matters of the Board of
14 County Commissioners' office, and assisted in developing and monitoring the budget each fiscal
15 year. Additionally, he served as the lead person for arranging special functions in the county,
16 including advisory board volunteer and employee recognition events.
17
18 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
19 PROCLAMATION RECOGNIZING AND EXPRESSING GRATITUDE TO
20 THOM FREEMAN-STUART,
21 RETIRING ASSISTANT DEPUTY CLERK
22
23 WHEREAS, Thom Freeman-Stuart started working with Orange County in 2006 as an Office
24 Assistant with Animal Services; and
25
26 WHEREAS, Thom earned a promotion to Accounting Technician with the Department of Social
27 Services in 2008; and
28
29 WHEREAS, Thom transferred to the Board of County Commissioners; Office as an Assistant to
30 the Clerk in 2013 and was later reclassified to Assistant Deputy Clerk in 2017; and
31
32 WHEREAS, during his time in the Board of County Commissioners' Office, Thom did an
33 exceptional job maintaining and improving the advisory boards and commissions process, as
34 well as managing the budget and finances for the office; and
35
36 WHEREAS, Thom provided excellent service to both internal and external customers, and was
37 always available to lend a hand; and
38
39 WHEREAS, Thom is regarded by his coworkers as a wonderful colleague and friend whose
40 kindness and good humor will be missed; and
41
42 WHEREAS, Thom retired from Orange County on March 31, 2021 after almost
43 15 years in service to the County and its residents;
44
45 NOW THEREFORE, we, the Orange County Board of Commissioners, do hereby
46 recognize and express deep appreciation and respect for the services rendered by Thom
47 Freeman-Stuart to the Orange County community, and wish him well in his retirement.
48
49 This the 6th day of April, 2021.
50
51
11
1
2 Renee Price, Chair
3 Orange County Board of Commissioners
4
5
6 A motion was made by Commissioner Bedford, seconded by Commissioner Hamilton, to
7 approve and authorize the Chair to sign the proclamation recognizing and expressing
8 appreciation to Thom Freeman-Stuart for his service to the people of Orange County and
9 wishing him well in his retirement.
10
11 Roll call ensued
12
13 VOTE: UNANIMOUS
14
15 Laura Jensen expressed her thanks to Thom Freeman-Stuart for helping her get
16 established in this new role.
17 Commissioner Dorosin said Thom Freeman-Stuart did a great job, and always did it with
18 grace, enthusiasm and a positive attitude
19 Commissioner Bedford said she knows Thom Freeman-Stuart will not miss the late night
20 meetings, and she could not keep all of the advisory boards and commission information
21 straight without him.
22 Chair Price said Thom Freeman-Stuart always worked with a smile, and did his job with
23 ease, a sense of humor and a sense of calm. She thanked him for all of his work.
24 Thom Freeman-Stuart said he was overwhelmed with his item coming after Judge
25 Scarlett, whom he respects. He said government work fell into his lap thanks to former Animal
26 Services director Bob Marotto. He said he is confident in the new Clerk and her staff. He said
27 after moving to Hillsborough, he and his husband were able to get married in front of the old
28 Orange County courthouse, and many of the employees from Orange County came to the
29 wedding. He said he never thought that would happen in his lifetime. He said he is grateful to
30 have had the opportunity to work at the County.
31
32 Commissioner McKee joined the meeting at 8:00 p.m.
33
34 c. Fair Housing Month Proclamation
35 The Board considered voting to approve a proclamation designating April 2021 as Fair
36 Housing Month in Orange County, North Carolina.
37 Annette Moore, Human Rights and Relations Director, introduced the item and
38 discussed how the different resolutions the board passes fit together. She highlighted
39 information from the background described in the agenda:
40
41 BACKGROUND:
42 The month of April is National Fair Housing Month. April 2021 will mark the 53rd anniversary of
43 the enactment of the Federal Fair Housing Act of 1968 and the 27th anniversary Fair Housing
44 portion of the Orange County Civil Rights Ordinance. These laws grant every person a right to
45 live where they choose, free from discrimination on the basis of race, color, national origin, sex,
46 religion, familial status, or disability. The Orange County Civil Rights Ordinance, established in
47 1987, adds additional protection from discrimination based on age and veterans status.
48
49 The United States Department of Housing and Urban Development has chosen "Fair Housing:
50 More Than Just Words" as the 2021 Fair Housing Month theme. The chosen theme addresses
51 the idea that ending discrimination in housing is more than providing equal housing
12
1 opportunities for all. Housing can also be a tool to erase economic and education inequalities
2 and help dismantle systemic racism.
3
4 In the 1930s, the federal Government Federal Housing Administration ("FHA") was part of the
5 New Deal, whose job was to guarantee Americans' loans so they could buy a home in
6 subdivisions and suburbs across the United States. FHA made homeownership possible for
7 millions of average Americans by ensuring long-term, low monthly paying mortgages. However,
8 the FHA required deed restrictions that prevented Blacks from purchasing these homes. This
9 housing boom was bolstered by the Serviceman's Readjustment Act of 1944 ("G.I. Bill") that
10 provided $95 billion into expanding a range of benefits for returning World War II Veterans.
11 Benefits included helping 16 million veterans receive low-cost mortgages, low-interest loans to
12 start a business or a farm, getting one year of unemployment compensation, and receiving
13 education expenses to attend high school, college, or vocational school. Veterans
14 Administration Mortgages guaranteed mortgages for nearly five million new homes for veterans.
15 Between 1946 and 1947, VA mortgages alone accounted for 40% of the homes purchased
16 during that year. Residential ownership became the critical foundation to economic
17 empowerment in the United States. The G.I. Bill was championed as improving returning
18 veterans' economic prospects, promising each soldier the status of the "unforgotten man."
19
20 Ira Katznelson in, When Affirmative Action Was White: The Untold Story of Racial Inequality in
21 the Twentieth-Century America , contends that the New Deal and Harry Truman's Fair Deal
22 Programs discriminated and contributed to the widening gap between Black and White
23 Americans. Katznelson says the G.I. Bill "was deliberately designed to accommodate Jim
24 Crow." He argues that President Franklin Roosevelt, to gain legislative support for the G.I Bill,
25 made compromises with Southern legislators that allowed the G.I. Bill to be drafted in a
26 discriminatory manner. As a result, the G.I Bill, while race-neutral, disproportionately impact
27 black veterans because the legislation as written allowed the program to be in the hands of
28 state and local officials who could interpret guidelines in a racially discriminatory manner, thus
29 excluding Black veterans from receiving benefits.
30
31 A study conducted by the Research Division of Veterans Administration in 1950 demonstrated
32 that between September 1940 and August 1945, returning Black veterans participated almost at
33 the same levels as their white counterparts in G.I Bill programs. However, they did not benefit
34 in the same way. White local officials, businessmen, bankers, and college administrators were
35 in charge of local programs that disenfranchised programs Black veterans. Depending on
36 locality, Blacks veterans were denied housing and business loans, admission to white-only
37 colleges and universities, unemployment benefits, and excluded from job training programs and
38 career opportunities. It didn't take long after the G.I Bill's passage for reports of the obstacles
39 Black veterans faced in obtaining benefits to come to light, from securing loans to being
40 discharged without a hearing and given "less than honorable" ratings so Black veterans wouldn't
41 be eligible for benefits. The disparate impact was apparent even in the North, where in New
42 York and Northern New Jersey, less than 100 out of 67,000 G.I. Bill VA Mortgages were
43 provided to Black veterans.
44
45 Because of these past discriminatory practices, this year, the Department of Human Rights and
46 Relations highlights the protected class of"Veterans" during Fair Housing Month and throughout
47 this next year. The County honors all veterans' service and the missed opportunities of those
48 who served and did not receive the full benefit of what the Country promised them for their
49 service. This month the Department will host a Webinar with the Equal Employment
50 Opportunity Commission ("EEOC") regarding discrimination issues faced by Veterans in
51 Housing and the Workplace, "Hot Topics for Veterans: COVID & Beyond."
13
1
2 Wednesday, April 21, 2021 Veterans Housing and Employment
3 Hot Topics COVID & Beyond 1:OOpm - 4:OOpm
4
5 Later in this Spring, the Department will co-host a "Veterans Stand Down" with State and
6 Federal partners, including the EEOC, the Department of Social Services, the N.0 Department
7 of Military and Veterans Affairs, and the U.S. Department of Veterans Affairs to provide
8 additional resources to Veterans in Orange County. More information about these events can
9 be found at
10 http://www.orangecountync.gov/departments/human_rights_and_relations/index.php.
11
12 Annette Moore read statistics about veterans in Orange County, who make up 4.6% of
13 the population. She said 90% are male, 72% are white, 23% are black, 48% are under the age
14 of 65, 3.9% live below the poverty level, 20% have a disability, and 58% of veterans between
15 the ages of 18 and 64 participate in the labor market.
16 Annette Moore described the events her department will hold for veterans during the
17 month of April, regarding housing and employment opportunities.
18 Commissioner Dorosin thanked Annette Moore for her presentation of the background
19 information, as it is important context for people to know. He said the Fair Housing Act was the
20 one civil rights act that imposed an obligation to create diverse, inclusive, and integrated
21 neighborhoods. He thanked Annette Moore for the work her department does.
22 Chair Price expressed thanks for bringing the item forward and showing the continuing
23 necessity of efforts regarding fair housing.
24 Annette Moore read the resolution:
25
26 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
27 PROCLAMATION
28 FAIR HOUSING MONTH
29
30 WHEREAS, April 11, 2021 marks the 53rd anniversary of Title VIII of the Civil Rights Act of
31 1968 (formally known as the Fair Housing Act) and the 38th anniversary of the North Carolina
32 Fair Housing Act prohibiting discrimination in housing on the basis of race, color, sex, religion,
33 national origin, disability and familial status; and
34
35 WHEREAS, the Orange County Board of Commissioners enacted the Orange County Civil
36 Rights Ordinance on June 6, 1994, which affords to the residents of Orange County the
37 protections guaranteed by the Fair Housing Act and additionally encompasses the protected
38 classes of Veteran Status and Age; and
39
40 WHEREAS, Orange County and the U. S. Department of Housing and Urban Development as
41 well as concerned residents and the housing industry are working to make fair housing
42 opportunities possible for everyone by encouraging others to abide by the letter and the spirit of
43 fair housing laws; and
44
45 WHEREAS, the U.S. Department of Housing and Urban Development annually declares the
46 month of April as National Fair Housing Month, designating Fair Housing: More Than Just
47 Words as the national theme and ideal for 2021; and
48
49 WHEREAS, despite the protections afforded by the Orange County Civil Rights Ordinance and
50 the Fair Housing Act, illegal housing discrimination still occurs in our nation and within our
51 County; and
14
1
2 WHEREAS, by supporting and promoting fair housing and equal opportunity, we are
3 contributing to the strength of our County, State and Nation.
4
5 NOW, THEREFORE, we, the Board of County Commissioners of Orange County North
6 Carolina, do proclaim April 2021 as FAIR HOUSING MONTH and commend this observance to
7 all Orange County residents.
8
9 This the 6th day of April, 2021.
10
11
12
13 Renee Price, Chair
14 Orange County Board of Commissioners
15
16 A motion was made by Commissioner Dorosin, seconded by Commissioner Fowler, to
17 approve the proclamation and authorize the Chair to sign.
18
19 Roll call ensued
20
21 VOTE: UNANIMOUS
22
23 d. Presentation by Carolina Common Enterprise on the Resident-owned Community
24 Model for Manufactured Home Communities
25
26 The Board received a presentation on Carolina Common Enterprise's implementation of
27 the resident-owned community model for manufactured home communities (MHCs).
28
29 Emila Sutton, Housing Director, introduced the item and the speakers.
30
31 BACKGROUND:
32 Manufactured homes are an important piece of the affordable housing continuum. The per
33 square foot cost of producing a manufactured home is less than half the cost of constructing a
34 comparable stick-built, single-family detached home, making manufactured housing one of the
35 most affordable options available to both renters and homeowners. Orange County has
36 approximately 100 manufactured home communities collectively containing more than 2,000
37 lots. Due to the high value of land in the County and the potential for large profit margins, many
38 developers are interested in buying and redeveloping manufactured home communities for
39 other uses, placing residents in danger of displacement and housing insecurity. As such,
40 developing an actionable manufactured housing strategy for the County is a priority.
41
42 Carolina Common Enterprise (CCE) is a tax-exempt nonprofit cooperative development center
43 that provides training and technical assistance to cooperatives in North Carolina, including start-
44 up and growing cooperatives, and businesses converting to a cooperative enterprise. Operating
45 as ROCarolinas, CCE is also the North Carolina network affiliate of ROC USA, a New
46 Hampshire-based nonprofit that establishes resident-owned communities (ROCs)—
47 manufactured home communities that are owned by a cooperative of resident homeowners
48 rather than an outside landlord. In a ROC, residents buy a share in a cooperative that owns the
49 entire community rather than each resident renting or owning an individual lot. To date the ROC
50 USA Network has converted 268 MHCs to resident ownership in 20 states. CCE facilitated the
51 first such North Carolina conversion last year in Randolph County.
15
1
2 CCE will present information on its implementation of the ROC USA development model and
3 the potential of this model as a solution for increasing affordability and stability in manufactured
4 home communities.
5
6 Thomas Beckett, Carolina Common Enterprise Executive Director, introduced the topic,
7 and made the following PowerPoint presentation:
Manufactured Housing
Cooperatives-Potential For RAC U5a
Orange County
For Omnge County Board of County Commissioners
6 April 2021
Carolina Common Enterprise) ROC USA Network
ROCarollnas
Thomas Beckett,Ewecutive Ulrectar Mary O'Hara,Director
Tela Evans,Associate Director
CAROLINAS
g
9
10
ROC�us Carolina Common Enterprise
Cooperative development Center
• Training and technical assistance for cooperative businesses to create
longterm systemicchange in North Carolina's economy.
• Legal services for co-ops.
smic){3)+aY�xempf,founded 2012.
• Primary funding Is USDA Rural Cooperative Development Grant.
• "Helping People Help Themselves"-cooperatives give people greater
control over their own economic circumstances.
• First Resident-Owned Cooperative in 2020:Oak Meadows in Asheboro.
Certified Technical Assistance Provider in ROC USA Network.
089
CAROLINAS
1 1
12
13 Mary O'Hara, ROC USA Director, presented the following slides:
14
WC usa History of ROC USA
1954-zoos
• lstaee-New Hampshi re
• Limited equity..pert,-model
88 Resident Owned Communities.5,D00
Member owners
2D%of all MHCs irgW over 3D%i
3ooe-ioni
• 18 states
• Standardind Iimited equity cmpemtWe model
267 Resident Owned Communities-18,100
Member owners
• 12 certlfled Tech.Asslstarxe Afflllates
• More than�290 mil lion i n Iff—ing provided
J
ROC USA is 501r3 norFpmFt LLC with 3 nor,profit
Members and 1 Member-the ROC Assoclatlon-
1 5 that Is an—lativn of the ROCS we serve.
16
17
16
1
ROC usa`
OC LELIPROC 1 ! �
er p,dsraa ram.
e jai NH
Casa No
v.... t SO NI
VYY PA
W IL IN GH
s.o 95 NO lT VA N r.r.ru
/_
IV2 NN RN TNDO
AL CA �]Rom.
I
`11 LA CAAOLI NRS
ROC user
CHEAr�m
2
3
4
ROC us Core Services
1. Find ulable far•sale opportun ltles for
` homeowners:
a. Extensive market developmentto Idendfy
,,,r.•� viablelb-ale cummunitles
b. Industry friendly brand
C.
Focusancommerclal market time-frames
2. Expert Assistance:
a. Developmentof the m p and fael lltatlon
of the purchase process
b. Post•purchautra l ning,coachingand
technicalasslstance
c. In-person and online Ininingand
net orkingopportunitlea for gOt leaders
3. Cammuniltt Finonanip
a. Forgivable d ue dlllgencefinancing
b. Rcquisltlan Inancing
Imprrne_ fn.ncing
d. Leverage other lenders a nd grantors
5
6
7 Thomas Beckett resumed the presentation:
8
ROCrusa In short:
• Only work with landlords willing to sell.
• Work with resident homeowners after landlord
agrees:
—Feasibility&due diligence to examine costs/benefitsso
homeowners can make an informed choice.
—Training&.Skill-building for long-term stability after closing.
• ROC USA Capital 110%LTV financing for purchase and
expected capital improvements.
• Ten-year contract between ROCarolinas and Resident
Owned Cooperative for ongoing training and guidance.
PJM
10
17
R(3C usa
-••ara•••a Orange County
Manufactured Home Communities within the County
• 81 Manufactured Home Communities(-1810
homes)
• 32 with more than 25 lots(-1390 homes)
• 1 owned by national investor(-215 homes)
• 4 within Town of Chapel Hill(-162 homes)
1
2
_ r
R�Cusa Town of Chapel Hill
Manufactured Home Communities
3
4
5 Thomas Beckett said ROC USA has been in talks with the Town of Chapel Hill to
6 determine how its model could help the four manufactured home communities in northern
7 Chapel Hill. He resumed the PowerPoint presentation:
8
R+aC usa'
"People are no longer tenants,
they're owners —and that makes
them feel good.The security is
the very,very best part." PIM
JEAN STEWAR CAAOLWAS
9 119kn Nttaee nxDeaifun nOwnu'a.ri'eaA.
10
11
18
R00O2 Contact Information
www.commonenterprise.coop www.ROCUSA.ore
919-246-9929 Mary O'Hara
Durham, North Carolina mary@rocusa.org
Thomas Beckett
thomas@commoneriterprise.coop
Teia Evans
teia@commanenterprise.coop RM
CAROLINAS
1
2
3 Commissioner Fowler thanked the presenters. She said there are big pressures on
4 mobile home communities in Chapel Hill. She asked if clarification could be provided on how
5 the program would help communities in Chapel Hill.
6 Thomas Beckett said the program can help communities by creating opportunities for
7 financing so they can purchase their properties, and remove them from the speculative market.
8 He said properties with a high asset value have a high purchase price. He said the program
9 can help with financing, but a higher price makes the rent unaffordable for residents. He said in
10 these types of situations, the program looks for alternative financing to reduce the costs of the
11 loan for residents.
12 Mary O'Hara said meeting the purchase price of a high asset value can make it difficult
13 for residents, so the program seeks financial assistance from community groups or local
14 governments. She said, in some cases, government funding can lower the interest rate, which
15 makes it more affordable for residents.
16 Chair Price said she spoke this morning with the local Mayors, and it was suggested that
17 the Orange County Affordable Housing Collaborative be enlarged by adding a member from
18 each jurisdiction, and including non-profit organizations that work with housing. She said the
19 collaborative could research programs like ROC USA and Carolina Common Enterprise. She
20 said the Board of County Commissioners (BOCC) could expand the charge of the Affordable
21 Housing Collaborative.
22 Commissioner Dorosin said local government can aid in financing, and asked if there are
23 other ways local government could be involved. He noted previous ideas for assisting residents
24 in mobile home parks. He said he is not sure adding so many members to the Affordable
25 Housing Collaborative would be useful, since any decisions would have to come back to the
26 local governing boards for approval.
27 Commissioner Dorosin asked if there are criteria for choosing mobile home parks to
28 assist through programs like ROC USA.
29 Mary O'Hara said every affiliate has targeted areas, but also review areas that come up
30 for sale. She said the affiliates tend to target bigger areas and developments. She said
31 investors look for areas where rents are lower, as there is a greater ability to increase rent. She
32 said infrastructure funding and financing are critical, since some developments have
33 maintenance issues. She said the public sector can also provide incentives to the community
34 owners to sell to the residents, and some have used zoning to address alternative use issues.
35 Commissioner McKee asked if this was exclusive to owner-occupied or renter-occupied
36 homes. He asked if the increase in rents can be identified, as many residents are already living
37 on little funds.
38 Mary O'Hara said ROC typically looks for owner-occupied homes, as they are more
39 suited for set up a resident cooperative. She said if more than 25% of the homes are rented, it
19
1 is more difficult to be successful. She said she does not have an average amount of rent
2 increases, and it depends greatly on what the market rents are, how far below market value the
3 rents currently are. She said if an investor buys a property, the rents typically increase to
4 market value as quickly as possible. She said residents have raised their rents anywhere from
5 $5-$180 increase to purchase the community, and it really depends on the market. She said a
6 $30-$40 increase is probably most typical.
7 Commissioner McKee agreed with the idea of asking the HOME Collaborative to
8 research the ideas further.
9 Commissioner Greene asked Thomas Beckett to speak on limited equity cooperative
10 housing and what it means over time.
11 Thomas Beckett said limited equity housing is a term used to distinguish it from market
12 rate housing. He said in cooperative housing residents own the asset. He said in New York
13 City the model is market rate, and each resident owns a share in the cooperative, and the
14 cooperative owns the building and they all share in maintaining the building. He said the pricing
15 is comparable to market rates in the city, because the membership if a full equity ownership in
16 the value of the underlying property. He said the limited equity housing came about in New
17 York as well, due to many abandoned properties with squatters. She said the membership does
18 not participate in the equity of the building, but rather in maintaining and governing it. He said
19 ROC USA is a limited equity model, where the cooperative corporation is a non-profit, and there
20 are no owners in the equity. He said members of a ROC pay a modest membership fee, and
21 each receives a vote for the Board of Directors and major issues of the community. He said
22 members are buying into a long-term stable rent situation, and the residents have the
23 opportunity to turn any cash flow into a reinvestment into the community. He said the home is
24 classified as a motor vehicle, which are generally considered depreciating assets. He said in a
25 resident owned community, the rents are stabilized, and generally become a higher valued
26 community, which creates equity. He said using a nonprofit as the vehicle takes the land off of
27 the speculative market, and no longer allows an investor to come in and turn it into condos.
28 Chair Price suggested, given the late hour that this topic be researched further by a
29 committee.
30 Commissioner Greene said she supports taking this to a committee for further research
31 and discussion. She said this idea is so valuable, as this is a market driven situation. She said
32 if a landlord wishes to sell, ROC USA begins the process. She said if this model is adopted, it
33 does not create a lot of work for a committee, and the Affordable Housing Collaborative does
34 not need to have its charge changed in order to cover.
35 Chair Price said she supports letting the Affordable Housing Collaborative move forward
36 with researching the item, and would like to increase the membership on the committee to
37 increase the diversity of the group. She said she would like to expand the number of voices on
38 the committee, including representation from people who live in the mobile home communities.
39 Commissioner Greene said the collaborative will bring information back to the full boards
40 for further discussion, and she does not want to slow things down.
41 Chair Price said she is not trying to slow things down, but rather wants to move them
42 along. She said she would like the BOCC to vote to pursue this.
43 Commissioner Greene said she would like for the Board to decide if this is a model that
44 in which the County wants to participate.
45 Chair Price said she thought the existing Affordable Housing Collaborative should
46 research the model. She said the only suggestion she and the mayors of the municipalities had
47 was to increase the diversity of the collaborative
48 Commissioner Greene clarified the suggestion of expanding the number of people on
49 the collaborative. She said, as elected officials, the existing representatives represent the
50 voters of Chapel Hill, the County and the Towns.
20
1 Commissioner Fowler said the suggestion of a separate committee was to bring in other
2 voices from residents in mobile home communities. She said her thought was to keep the same
3 committee (the Affordable Housing Collaborative), but to bring in other perspectives.
4 Chair Price said the suggestion was to also increase the voices of people of color and
5 those that would be affected by development in mobile home community. She said if the Board
6 agrees to pursue the model, the Affordable Housing Collaborative could begin researching and
7 discussing how to move forward.
8 Commissioner Bedford supported partnering with the municipalities to move forward with
9 implementing the ROC USA model in Orange County. She referred to Chair Price's
10 suggestions earlier in the meeting for next steps.
11
12 A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to
13 add four members to the Orange County Affordable Housing Collaborative and to move forward
14 with implementing the ROC USA model.
15
16 Commissioner McKee said the item was put on the agenda as a discussion item, and he
17 was not sure what the Board would be voting on.
18 Chair Price clarified the motion.
19 Commissioner McKee said he felt this was not the appropriate time to vote on the item,
20 since it was only to be a presentation.
21 Commissioner Dorosin said he had all of the information he needed to vote on the
22 motion.
23
24 Roll call ensued.
25
26 VOTE: Ayes, 6 (Commissioner McKee abstained from voting)
27
28 Chair Price said she would work with Emila Sutton to move forward on the item as
29 quickly as possible.
30 Chair Price thanked the presenters from ROC USA.
31 Chair Price suggested taking a 3-minute break.
32 Commissioner Dorosin asked if there is anything that could be moved off of the agenda
33 to a future date in the essence of time.
34 Commissioner Bedford said future agendas are packed through the end of the fiscal
35 year.
36
37 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
38 recess the meeting for 3 minutes.
39
40 Roll call ensued
41
42 VOTE: Ayes, 6; Nays, 1 (Commissioner Dorosin)
43
44 MOTION PASSES
45
46 RECONVENE THE MEETING
47
48 Commissioner Bedford was not yet present, but due to a quorum of Board members
49 being present, Chair Price reconvened the meeting at 9:14 p.m.
50
51 All members were present except for Commissioner Bedford.
21
1
2 The agenda was reviewed to see if anything could be moved.
3 Bonnie Hammersley suggested alternatives for the CIP presentation. She said the
4 Greene Tract item needs to be voted upon, and suggested that the revaluation item could be
5 moved to a future meeting.
6 Commissioner Dorosin requested that the CIP presentation take place.
7 The Board decided to table the revaluation item (item 7) to a future meeting.
8
9 e. Presentation by of Manager's Recommended FY 2021-26 Capital Investment Plan
10 (CIP)
11 The Board received a presentation of the Manager's Recommended FY 2021-26 Capital
12 Investment Plan to the Board of County Commissioners.
13
14 BACKGROUND:
15 Each year, the County produces a Capital Investment Plan (CIP) that establishes a budget
16 planning guide related to capital needs for the County as well as Schools. The current CIP
17 consists of a 5-year plan that is evaluated annually to include year-to-year changes in priorities,
18 needs, and available resources. Approval of the CIP commits the County to the first year
19 funding only of the capital projects; all other years are used as a planning tool and serves as a
20 financial plan.
21 Travis Myren made the following PowerPoint presentation:
22
14QNW____
ORANGE COUNTY
NORTH CAROLINA
INTRODUCTION OF THE
CAPITAL INVESTMENT PLAN
FY2021-26
Soord of Orange County Commissioners
April 6,2021
23
FY2021-26 Recommended Capital Investment Plan
• Change from FY2020-25 Adopted Plan
FY2021-a s r1,1a1 ose s sa,oss tbr s ;1s,oesaeel
FYz�z-za s a.�,aao s e,or<+e+ s 13259.39a
fY2023-24 5 21,467.049 E M.940A70 3 7,47-J,427 I
FYZ24 2i 5 19,626 316 5 22.2321537 3 24 4,321
,R01AL i 137,r00L203 i i36,302A" 6 SAM.163
— Net Increase of$5.0 mil I Ion over four years
• FY2021-22i mmeein Wwt&rstone EMS Subsmtion forslonmmter-5450,090
P(2021.22nsw EMS Subs%tion ImMion study-$250,DDO
FY2021-22netimme sn ban—Anpfor2038.Gn ebam-$275,G00
Fy2D21-22Mw-omkIRD011 pr9JOSI f9f EPM1¢6nCy SN4 SH bWdln¢-$M.000
• FY2023-24mw EMS wbstauoaat rsquestof Chapel HE Fre-53mion
ORANGE COUNTY
.WRnLi AN) tN.,
24 '
25
22
FY2021-26 Recommended Capital Investment Plan
Major Education Projects
- Supplemental Deferred Maintenance
• $30 m+an over pr••(3)yeers-Haw four(d)Ysars
• Apply to Geferred V. -end Lire&Safety Improvement.
• Allxa46dEyAwreg4D*t Ms*fasrs49mFY2D20621{CHCC539gP 4CS4001%
FY2020-21 41,a00,DOG FA.15D ODO m,mRoD0
;YM2122 53.woON 53,600.9w
FY2022-23 $14Guq DGa w.25s ow sia,Zss GDG
FYh12324 56.197.000 $6,19T.909
TOTAL itT•iW.m Ct9,d03,060 laG,000X
1 3
2
3 Travis Myren said Chapel Hill/Carrboro City Schools will take a year hiatus in FY22 from
4 deferred maintenance. He resumed the PowerPoint presentation:
5
FY2021-26 Recommended Capital Investment Plan
• Major Education Projects
- Final 2016 General owigation Bond Draw-$13.3 million
• CHCC8-S1,922,OODiorCrr�MNlllkgh�rwd
• CGS-$11,336.139ror mechanical sy.tem.at ai.(6}School.end roof replacements at
two(2)scdaoes,
- Orange County Campus-DTCC-33 million
• NsidsasssssmsMaadcrogremmingrstammsndapans-May2921
• Site nark Guamnte.d Maximum Rice(GMP)in FY2021-22
• C4nsn•Nlonpu"o4odln FY22-2$(e,$22.6mlllloa
ORANGE COUNTY
K10FM[CARDMI4A
6 `
7
23
FY2021-26 Recommended Capital Investment Plan
Major County Projects
- EMS Substation at Waterstone-32.45 million
• Land doiwk 4 MwloymrNAge4~
• Coaocetirn xih Orange Rural Fie 6eperanPdrpt
• Shared coats for site work,mschanlcal systems,co+nw-wen
• Totter Courrty Share-$3.4 mion
- 203 South Greensboro Project-$8.7 million
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N'QFM I CAROLINA
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FY2021-26 Recommended Capital Investment Plan
• Schedule for Consideration
- IntroducWnof the Capital Investment Plan-April 6
- Work Session on Capital Investment Plan-April 13
Further Consideration through Budget Work Sessions
- Approval of the Operating and Capital Budget-June 15
ORANGE COUNTY
6 NORTI I GLROIANA
13
8 Commissioner Dorosin asked if clarification could be provided on the deferred
9 maintenance by Chapel Hill/Carrboro City Schools (CHCCS).
10 Travis Myren said it was only for supplemental deferred maintenance.
26
1 Commissioner Dorosin said he thought the reduction in FY21-22 would have been
2 smaller.
3 Travis Myren said in 2021-22, Orange County Schools is requesting its share of the
4 deferred maintenance, and will have exhausted its funds by the later years. He said OCS is
5 taking its funds earlier than CHCCS. He said the share of supplemental deferred maintenance
6 is requested in FY23 by CHCCS.
7 Travis Myren clarified that each school system will use their supplemental deferred
8 maintenance shares, but on different schedules.
9
10 5. Public Hearings
11 a. Future Land Use Map (FLUM) and Zoning Atlas Amendment— Richardson (MA20-
12 0006)
13
14 The Board held a public hearing, received the Planning Board/staff recommendation and public
15 comments, closed the public hearing, and considered action on applicant initiated
16 amendment(s) to the Comprehensive Plan Future Land Use Map (FLUM) and Zoning Atlas for a
17 parcel within the Hillsborough Township of Orange County.
18
19 BACKGROUND: The basic facts concerning this application (Attachment 1) are as follows:
20 Applicant: Ms. Gary Carleen Richardson
21 PO Box 4186
22 Burlington, NC 27215
23 Parcel Information: A. Parcel and Size: PIN 9873-54-6387. An approximately 2.72
24 acre parcel.
25 B. Township: Hillsborough.
26 C. Current Zoning: Rural Residential (R-1) and Stoney Creek
27 Basin Overlay District (Higher Intensity Development Area).
28 STAFF COMMENT: The parcel is not located within a
29 Watershed Protection Overlay District.
30 D. Requested Zoning: General Commercial (GC-4).
31 STAFF COMMENT.- Action to approve this request will not
32 affect the parcel's location within the Stoney Creek Basin
33 Overlay District.
34 The potential rezoning of the parcel to GC-4 is not
35 inconsistent with the purpose and intent of this Overlay
36 District.
37 E. Current Future Land Use Map (FLUM) Designation: Rural
38 Residential land use category. Please refer to the maps
39 contained in Attachment 2 for more information.
40 STAFF COMMENT. Applicant has requested the FLUM
41 designation for the property become Commercial Industrial
42 Transition Activity Node (CITAN), which is necessary to
43 approve the rezoning request.
44 As detailed in Attachment 2, the parcel to the north is
45 located within the CITAN while property to the west, across
27
1 NC Highway 86, is located within the Economic
2 Development Activity Node, as detailed on the FLUM.
3 Parcel(s) to the south and east are located within the Rural
4 Residential land use category.
5 F. Growth Management System Designation: Rural
6 Designated.
7 G. Existing Conditions/Physical Features: The parcel is
8 currently undeveloped and heavily wooded with varying
9 topography.
10 H. Roads: The parcel has approximately 360 ft. of frontage along
11 NC Highway 86 to the west.
12 I. Water and Sewer: Development of the property will rely on
13 individual well and septic systems. The Property is not in an
14 area served by public water/sewer.
15 Surrounding Land Uses: North: 4 acre parcel zoned General Commercial (GC-4)
16 supporting a self-storage business;
17 South: An undeveloped 2.7 acre parcel zoned Rural
18 Residential (R-1);
19 West: NC Highway 86, parcels ranging in size from 2.6 to 30
20 acres in area zoned Economic Development
21 Hillsborough Limited Officer (EHD-2). The 30 acre
22 parcel is developed and utilized to support a single-
23 family residential land use; and
24 East: An approximately 235 acre parcel zoned Rural
25 Residential (R-1) owned by Duke University School of
26 Forestry.
27 Development Process, Schedule, and Action: The typical cadence for the review of a General
28 Use Rezoning and Zoning Atlas amendment is:
29 FIRST ACTION — Submission of a General Use Rezoning application with required
30 supporting documents by the property owner.
31 STAFF COMMENT. Ms. Richardson provided required document(s) on
32 November 6, 2020, supplemented in January of 2021 with additional
33 information providing support for the requested change in the FLUM
34 designation.
35 SECOND ACTION — The Planning Board reviews the application at a regular
36 meeting and makes a recommendation to the BOCC.
37 STAFF COMMENT. The Planning Board reviewed this item at its March 3, 2021
38 regular meeting where members voted unanimously to recommend denial of the
39 request(s).
40 THIRD ACTION — The BOCC receives the Planning Board recommendation and
41 makes a decision at a previously advertised public hearing.
42 STAFF COMMENT: Scheduled for April 6, 2021.
28
1 Consistent with State legislation regarding virtual/remote meetings, there is a 24-
2 hour waiting period required before a decision becomes effective. The purpose of
3 the 24-hour waiting period is to allow for submission of written comments.
4 General Use Rezoning: Zoning promotes development of land uses that can co-exist in
5 proximity to one another consistent with the promotion of the public health, safety, and general
6 welfare. Regulations establish opportunities/constraints associated with land development in an
7 attempt to ensure one person's `reasonable use' of property does not affect another person's
8 ability to make reasonable use of their property.
9
10 This request involves a property owner seeking to change the zoning designation of their
11 property from a residential general use zoning district (R-1) to a district allowing for the
12 development of non-residential land uses (GC-4). In acting on this request, the County is
13 unable to impose conditions and the applicant is not required to define what type of
14 development (i.e. permitted use category) is anticipated. If rezoned, all land uses permitted
15 within the GC-4 general use zoning district are suitable for development on the property once
16 compliance with applicable regulations is demonstrated.
17
18 General Use Rezoning applications are processed in a legislative manner (i.e., does not require
19 sworn testimony or evidence) and decisions are based on the BOCC's determination the
20 request is consistent with the purpose and intent of the Comprehensive Plan.
21
22 Proposal: Applicant requests the general use zoning designation of the property become GC-4
23 arguing:
24 ... changing this (property's) zoning to General Commercial(GC-4) will be more
25 in line with the Character of the area. There is a shopping center approximately
26 one mile down the road that includes a Walmart, Home Depot, and various
27 other chain stores and fast food restaurants. On the other side of the road from
28 the shopping center is a newly built Sheetz, which also has space to have
29 another tenet beside them.
30 The request also involves changing the future land use designation for the property from Rural
31 Residential to Commercial Industrial Transition Activity Node (CITAN).
32 STAFF COMMENT.- This change is necessary to approve the rezoning request.
33 The applicant argues current development trends along NC Highway 86, as well as existing land
34 use designations on parcels to the north and west, support changing the designation of the
35 subject property to CITAN.
36 Other pertinent information concerning the property is as follows:
37 Comprehensive Plan: The subject parcel is currently located within the Rural
38 Residential land use category.
39 Per Appendix F, "Relationships Between Land Use Categories and Zoning Districts
40 Matrix" of the adopted Orange County Comprehensive Plan, GC-4 is not an allowable
41 general use zoning category for property located within a Rural Residential land use
42 category.
43 The GC-4 general use zoning district is permitted within the Commercial-Industrial
44 Transition Activity Node (CITAN).
29
1 Per Appendix G Land Use Classification and Overlay Locational Criteria of the
2 Comprehensive Plan, CITAN is located in areas meeting specific criteria including, but
3 not limited to:
4 o Areas currently, or could be reasonably and efficiently, served by centralized
5 public services and utilities;
6 o Located at the intersection of arterial and/or collector highways or in proximity to
7 other major transportation networks;
8 o In areas near major transportation routes that could be provided with public water
9 and wastewater services, which are appropriate for non-residential and higher
10 density residential uses.
11 As detailed by staff (Attachment 5), the subject parcel is not located in an area currently
12 or planned to be served by public utilities (i.e. water and/or sewer).
13 In order for the property to have access to public utilities, the Town of
14 Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan
15 and Water and Sewer Management, Planning and Boundary Agreement (WASMPBA)
16 would need modification first.
17 For more information on the definition of CITAN, and to review the allowed zoning
18 designations permitted within same, the Comprehensive Plan is accessible at:
19 http://www.orangecountync.gov/1242/2030-Comprehensive-Plan.
20 • Future Land Use Map (FLUM) Designation: The FLUM can be accessed at:
21 http://www.orangecountync.gov/DocumentCenter/View/4054/Future-Land-Use-Map-
22 PDF.
23 • Growth Management System Map Designation: The property is Rural Designated.
24 STAFF COMMENT: The Growth Management System Map is a tool utilized by
25 staff to identify permit review thresholds for residential (i.e., subdivision) projects.
26 • Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land
27 Use Plan: COCA is a joint land use document defining locations of `future land use
28 categories' to achieve desired and coordinated pattern(s) of development.
29 Implementation of the COCA Land Use Plan is achieved through consistency with the
30 County's Comprehensive Plan Future Land Use Map, application of County zoning, and
31 a coordinated approach to rezoning.
32 The subject parcel is outside of the Town's Urban Service area.
33 Consistent with COCA, the Town may not extend utilities outside the service area. The
34 applicant approached the Town in 2012 about moving the Urban Service boundary to
35 include this parcel. In recommending approval of COCA, Hillsborough's planning board
36 supported the concept of amending the boundary but did not take action to do so. COCA
37 can be accessed at:
38 https://www.orangecountync.gov/DocumentCenter/View/14011/Central-Orange-
39 Coordinated-Area-COCA-Land-Use-Plan-PDF.
40 Please refer to the map in Attachment 3 for more information. As previously indicated,
41 COCA modifications are necessary to extend the Urban Service Area allowing the
42 property to qualify for utility service.
30
1 Water and Sewer Management, Planning and Boundary Agreement (WASMPBA):
2 Property is located within the Town of Hillsborough Long-term Interest Area. Public
3 utilities (i.e. water and sewer) are available only if the property owner seeks voluntary
4 annexation into the Town and the WASMPBA Primary Service Area boundary is
5 amended to include the parcel. The WASMPBA agreement can be accessed at:
6 http://www.orangecountync.gov/DocumentCenter/View/4190/Water-and-Sewer-
7 Management-Planning-and-Boundary-Agreement-PDF.
8 Environmental Assessment (EA): Per Section 6.16.2 (A) of the UDO, the application is
9 exempt from the Environmental Assessment (EA) requirement. Once a formal
10 development proposal (i.e. site plan) is submitted, it will be evaluated for compliance
11 with the provisions of the UDO. Please note, an environmental assessment application
12 is typically required only for projects exceeding two acres of proposed land disturbance.
13 Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to:
14 `cause an analysis to be made of the application'and provide analysis to the reviewing body. In
15 analyzing this request, the Planning Director offers the following:
16 1. The application is complete in accordance with the requirements of Section 2.8.3 of the
17 UDO;
18 2. The Rural Residential land use category is defined within the adopted Comprehensive
19 Plan as:
20 Land in the rural areas of the County which is appropriate for low
21 intensity and low-density residential development and which would not
22 be dependent on urban services during the plan period.
23 3. The Commercial Industrial Transition Activity Node (CITAN) is defined within the
24 adopted Comprehensive Plan as:
25 Land near major transportation routes that could be provided with public
26 water and wastewater services and is appropriate for retail and other
27 commercial uses; manufacturing and other industrial uses; office and
28 limited (not to exceed 25% of any Node) higher density residential uses.
29 4. The property is not eligible for service by public water and wastewater services based
30 on:
31 a. The Town of Hillsborough/Orange County Central Orange Coordinated Area
32 (COCA) Land Use Plan; and
33 b. The Water and Sewer Management, Planning and Boundary Agreement
34 (WASMPBA).
35 As a result, extension of CITAN is not viable at this time as the parcel is ineligible for
36 public water and wastewater services;
37 5. The request, while potentially representing a logical extension of the CITAN land use
38 category along NC Highway 86 as well as the GC-4 general use zoning district, is
39 inconsistent with applicable planning document(s) are detailed herein;
40 6. Existing agreement(s) between the County and the Town of Hillsborough do not identify
41 this property as being suitable for high intensity residential and/or non-residential
42 development. These agreements would have to be modified to allow the request to
43 receive a favorable recommendation.
31
1 Public Notifications: In accordance with Section 2.8.7 of the UDO, notices were mailed via first
2 class mail to property owners within 1,000 ft. of the subject parcel providing the date/time of the
3 BOCC public hearing where the proposal is to be reviewed on March 18, 2021, 19 days before
4 the meeting. Staff also posted the subject parcel with a sign indicating the date/time of the
5 public hearing on March 22, 2021, 15 days before the meeting. For more information, please
6 refer to Attachment 7.
7
8 Planning Board Recommendation: The Planning Board reviewed this request at its March 3,
9 2021 regular meeting where the following comments were made:
10 A Board member asked if another future land use designation that would be appropriate
11 for the property. There was discussion on the merits of extending the Economic
12 Development Transition Activity Node, west of the property across NC Highway 86, as
13 an alternative to CITAN.
14 STAFF COMMENT: According to the Comprehensive Plan, the GC-4 general
15 use zoning district is only permitted within the:
16 ➢ Commercial Transition Activity Node, and
17 ➢ Commercial Industrial Transition Activity Node (CITAN).
18 Based on surrounding land use designations, and the applicant's wishes, CITAN
19 was the only option.
20 Unfortunately, the area is not suitable for non-residential zoning/development
21 based on existing agreement(s) between the Town and County. Until these
22 agreement(s) are modified, neither CITAN or Economic Development Transition
23 Activity Node could be extended onto the subject property.
24 Board members acknowledged receipt of two emails from adjacent property owners
25 requesting the application be denied due to anticipated traffic impact(s) from non-
26 residential development and extension of `urban development intensities' into what they
27 perceived to be a `rural' area of the county.
28 The applicant did not speak at the Planning Board meeting.
29 After discussing the request, and reviewing staff's recommendation, Board members voted
30 unanimously to recommend denial of the Statement of Consistency (Attachment 8) and the
31 proposed Zoning Atlas Amendment (Attachment 9). Excerpts of the minutes from the meeting,
32 as well as the Board's signed statement of consistency, are included in Attachment 6.
33
34 Agenda materials from the meeting can be viewed at:
35 https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
36
37 Planning Director's Recommendation: The Planning Director recommends the request be
38 denied due to the following:
39 a. Extension of the Commercial Industrial Transition Activity Node (CITAN) is not viable at
40 this time as the property cannot be provided with public water and wastewater services;
41 b. The requested rezoning (i.e. R-1 to GC-4) cannot be approved without the extension of
42 CITAN;
43 c. The requested rezoning is inconsistent with the current policies of the adopted County
44 Comprehensive Plan, the Town of Hillsborough/Orange County Central Orange
32
1 Coordinated Area (COCA) Land Use Plan and the Water and Sewer Management,
2 Planning and Boundary Agreement (WASMPBA);
3 d. Existing agreement(s) between the County and the Town of Hillsborough do not identify
4 this property as being suitable for high intensity residential and/or non-residential
5 development.
6 If amendment(s) to COCA and WASMPBA occur, specifically making the subject parcel suitable
7 for service by public utilities, staff could make an affirmative recommendation on requested
8 future land use map and rezoning amendments. These amendments would have to occur
9 before such a recommendation could be made.
10
11 Effect of Denial or Withdrawal: In the event the rezoning application is denied or withdrawn, it
12 should be noted that Section 2.2.8 of the UDO states that no application for the same or similar
13 amendment, affecting the same property or portion thereof, may be submitted for a period of
14 one year. The one year period begins on the date of denial or withdrawal.
15
16 Michael Harvey, Current Planning and Zoning Supervisor, made the following
17 presentation:
�1
ORANGE COUNTY
NORTH CAROLINA
AGENDA ITEM: 5-a
PUBLIC HEARING
Future Land Use Map (FLUM) and Zoning
Atlas Amendment
Richardson— NC Highway 86
Orange County Hoard of Commissioners
April 6, 2021
18
Meeting Cadence: P-2
1. Staff presentation,opening of public
hearing, acceptance of applicant and public
comments;
2. Questions from BOCC Members;
3. Summary of recommendations;
4. Board deliberation,closure of public
hearing, opening of public written comment
period, scheduling of vote.
NOTE: BOCC will not take action on request
until April 20, 2021 business meeting.
GRANGE COUNTY
19 NOR]][CR LINA
20
33
REQUEST: Piz
Change Future Land Use Map(FLUM)designation:
FROM Rural Residential
TO: Commercial Industrial Transition Activity Node(CITAN)
• Rezone property:
FROM, Rural Residential (R-1); Stoney Creek Basin
Overlay District(Higher Intensity Development Area)
TO: General Commercial (GC-4): Stoney Creek Basin
Overlay District(Higher Intensity Development Area)
Applicant suggests request will bring property more in line
with the character of the area, is consistent with existing
development trends on NC Highway 86, and represents
logical expansion of existing commercial
development/zoning along the highway. __
ORANGE COUNTY
1 NORTI[CR LINA
2
PROPERTY PW4
• PIN 9873546387;
• Approximately 2.7
acres in area;
• Currently zoned
R-1
• Undeveloped —
heavily wooded
with varying
topography;
• Approximately 350
of frontage along
NC Highway 86.
ORANGE COUNTY
3 ruart-r�c unoun..
4
ROLES: P•o•6
• Staff:
— Determine application completeness;
— Determine consistency with Comprehensive Plan,UDO,and other
planning documentslagreements;
— Complete analysis and make a recommendation.
• Planning Board:
— Hear from applicant,staff,and the general public,
— Review/discuss analysis and recommendation(s),
— Recommend approval or denial to the BOCC.
• BOCC:
- Sched u lelhold public hearing to receive application;
— Hear from applicant,staff,and the general public,
— Reviewldimuss staff and Planning Board's analysis and
recommendation(s);
— Close the public hearing: -
ORANGE COUNTY
5 —Approve or deny the request- onncu NA
6
34
Pq6
Applicant
Presentation:
ORANGE COUNTY
1 iuoan unoLNw
2
3 The Applicant was not in attendance, and Michael Harvey resumed the PowerPoint
4 presentation:
5
STAFF ANALYSIS/RECOMMENDATION:
• Application is complete;
• Property is not eligible for service by public utilities.
The Town of Hillsborough/Orange County Central Orange
Coordinated Area (COCA)Land Use Plan and The Water and
Sewer Management, Planning and Boundary Agreement
(WASMPBA)both indicate parcel is not intended to be served
by public waterlsawer
• FLUM designation can't be changed to Commercial Industrial
Transition Activity Node (CITAN) — inconsistent with
definition;
• Request inconsistent with applicable planning documents
(i.e.COCA,WASMPBA,Comprehensive Plan,etc.);
• Staff cannot recommend approval at this time
ORANGE COUNTY
7
Planning Board Recommendation:
• Reviewed request at its March 3, 2021
regular meeting;
-NOTE: Applicant did not speak at meeting.
• Voted unanimously to recommend denial
of the request based on staff analysis;
• Recommended BOCC take action on
Statement of Consistency (Attachment 8)
and Zoning Atlas Amendment (Attachment
9) document denying request.
ORANGE COUNTY
8 NOIr [CR LINA
9
35
BOCC Action:
Manager recommends the Board:
1. Receive request and conduct the public hearing receiving
the Planning Board recommendation, staff, and public
comments;
2. Close the public hearing and authorize acceptance of
written comment(s) until 9.00 a.m. on Thursday April 8,
2021;
3. Schedule action on the Statement of Consistency
{Attachment 8)and Zoning Atlas Amendment(Attachment
9),as recommended by Staff,at the Board's April 20,2021
business meeting
Far more information or questions on this nronosnl�
Michael Harvey,Current Planning Su perywor
mharvey0oranaeceuntyne.aov or t9191 245-2597 ORANGE COUNTY
1
2
3 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin, to
4 open the public hearing.
5
6 Roll call ensued
7
8 VOTE: UNANIMOUS
9
10 PUBLIC COMMENTS:
11 None
12
13 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
14 close the public hearing and asked to accept the planning board's recommendation.
15
16 Commissioner Dorosin said he had some questions.
17 Commissioner McKee withdrew his motion.
18
19 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin, to
20 close the public hearing.
21
22 Roll call ensued
23
24 VOTE: UNANIMOUS
25
26 Commissioner Dorosin asked a question about the process of reviewing and voting on
27 proposals. He said the Planning Board has recommended denial, as the property cannot be
28 connected to water and sewer. He asked if, given that, there is a reason why this project is
29 coming before the BOCC at all.
30 Michael Harvey said an applicant has paid an application review fee, despite the
31 Planning Board's recommendation of denial, and the Board of Commissioners must follow
32 through with the process. He said the Applicant was notified of the public hearing, but is not in
33 attendance.
34 Michael Harvey said due to the definition of CITAN in the comprehensive plan (page 6 of
35 the abstract), the parcel cannot be provided utility services based on current planning
36 documents. He said the Planning Department suggested the Applicant approach the Town of
37 Hillsborough for a modification of agreements to allow for water and sewer to be available to the
38 parcel, but the applicant did not do so.
36
1 Commissioner Dorosin said it is odd that someone could request rezoning for uses that
2 would be impossible, but that the Planning department still has to go through the whole process.
3 Michael Harvey said yes. He said the Applicant requested that the process continue,
4 despite staff explaining that it would not be recommended for approval.
5 Michael Harvey said the Applicant felt she could make a reasonable argument for
6 approval. He said he and the Planning Director did not disagree with her that this request
7 represents a logical extension of the commercial/industrial node. He said the problem is that
8 the extension cannot happen without other things happening first. He said the Planning
9 department encouraged the Applicant to go through the other steps first, as did the Town of
10 Hillsborough Assistant Town Manager.
11 Commissioner Dorosin said looking at the parcel, and what is around it and being near
12 to Highway 86, the application makes some sense. He asked if there should be flexibility in how
13 the lines are drawn. He said it seems to be a poor use of infrastructure resources to have lines
14 run along parcels that are suited to economic development. He said infrastructure on one side
15 of a thoroughfare, but not on the other, is not a good use of resources. He said he would like to
16 work with other jurisdictions to adjust parcels and lines such as these. He said water and sewer
17 is not far away from this parcel.
18 Commissioner Fowler said staff is saying the Applicant should have gone to
19 Hillsborough first to request water and sewer.
20 Commissioner Dorosin said the procedure would require the adjustment of boundaries,
21 which would require action from the BOCC.
22 Michael Harvey said that water and sewer infrastructure would have required annexation
23 by Hillsborough.
24 Commissioner McKee thanked Commissioner Dorosin for his excellent comments.
25 Commissioner Hamilton said the overall discussion is interesting and important, but the
26 Board is only addressing one application at this meeting. She said further discussion should
27 take place at a later time.
28 Chair Price clarified the motion that needed to take place.
29
30 A motion was made by Commissioner Hamilton, seconded by Commissioner McKee, to
31 receive the request, and authorize the acceptance of written comments via e-mail to the Board
32 at ocbocc@orangecountync.gov or by delivery to the Planning Department's office at 131 West
33 Margaret Lane, 2nd floor, Hillsborough, North Carolina 27278, until 9:00 a.m. on Thursday April
34 8, 2021; and to schedule a vote to take action on the Statement of Consistency (Attachment 8),
35 and the Zoning Atlas Amendment (Attachment 9) at the Board's April 20, 2021 Business
36 meeting as recommended by the Planning Board and Planning Director.
37
38 Roll call ensued
39
40 VOTE UNANIMOUS
41
42 Chair Price requested that future zoning items include more context of the parcel being
43 presented. She also said rezoning signs are too small and need to be larger for people to easily
44 read.
45
46 6. Regular Agenda
47
48 a. Interlocal Agreement Regarding the Current and Future Use of the Jointly Owned
49 Greene Tract
37
1 The Board considered voting to approve an Interlocal Agreement between Orange
2 County, the Town of Chapel Hill, and the Town of Carrboro regarding the current and future use
3 of the jointly owned Greene Tract.
4
5 BACKGROUND:
6 The Greene Tract is a 164 acre parcel of which 104 acres is jointly owned by Orange
7 County/Chapel Hill/Carrboro and 60 acres owned by Orange County (Headwaters Preserve).
8 The parcel is located east of the Rogers Road community within the Town of Chapel Hill's ETJ
9 (Extra-Territorial Jurisdiction) — see vicinity map in Attachment 4. In May 2017, a joint staff work
10 group began to examine the preservation and development potential of the Greene Tract. This
11 process included specific elements and goals including, but not limited to:
12 • incorporate a future elementary school and park site,
13 • preserve valuable environmental features and corridors,
14 • protect historical and cultural resources,
15 • encourage cost effective infrastructure, and
16 • identify areas for future development.
17
18 In addition, the Managers, Mayors, and Chair (MMC) recommended staff examine the
19 reconfiguration of the joint owned and County owned tracts.
20
21 Greene Tract Resolution for a Path Forward
22 In January 2020, the Towns and County adopted the 2020 Greene Tract resolution. Not only did
23 this resolution identify land use acreages for the Greene Tract and initiate an environmental
24 assessment, but it also initiated the drafting of an Interlocal Agreement between the three
25 jurisdictions. This document would provide a decision-making process for the three jurisdictions
26 to agree to.
27
28 Managers, Mayors, and Chair(MMC) Meetings
29 On February 14, 2020, the Managers, Mayors, and Chairs (MMC) met to review the draft
30 Greene Tract Interlocal Agreement (ILA). At that meeting, the group completed a thorough
31 reading of the document and proposed revisions. Following this meeting, the Orange County
32 Attorney edited the document, based on comments received, and provided the revised ILA to
33 the MMC.
34
35 On February 26, 2021, the MMC reviewed and discussed the revised draft of the ILA. Due to
36 concerns with Section 5, Disputes, revisions were made to the document. At that meeting, the
37 MMC decided to move forward with presenting the ILA to their respective Boards in April.
38
39 Greene Tract Interlocal Agreement
40 The attached Interlocal Agreement ("Agreement"), contained in Attachment 1, related to the
41 Greene Tract is intended to begin the process of resolving longstanding issues related to the
42 property that began with the adoption of the 1999 Agreement for Solid Waste Management by
43 and between the Towns of Carrboro and Chapel Hill and Orange County. The Greene Tract
44 was addressed briefly in the 1999 agreement primarily in requiring the parties to determine the
45 ultimate uses of the property. The process to make the determination of uses was initiated
46 several times over the years, but was never completed.
47
48 The key aspects of the Agreement include the following:
49 ■ An initial two-year term followed by five five-year terms;
50 ■ Termination of the Agreement by either mutual agreement of all parties or by any single
51 party upon 60 days' written notice to the other parties;
38
1 Requiring that the parties act jointly in selecting professional services, entering
2 development agreements, engaging in public outreach, receiving public input, assigning
3 the Mayors, Chair, and Managers to form a working group to negotiate ultimate uses of
4 the Greene Tract before submitting their recommendations to the governing boards of
5 the parties, and reaching final determinations of the ultimate uses of the property within
6 18 months of execution of the Agreement;
7 Agreeing that the initial intent of the parties is for the property to include mixed use and
8 affordable housing, a school site with a public recreation component, a joint preserve
9 area, and connectivity (pedestrian, vehicular, utility, transportation);
10 Providing a dispute resolution process that requires good faith participation by the
11 parties and includes initial negotiation by the working group followed by mediation if
12 necessary;
13 Providing a means by which the parties may partition their ownership interests and
14 dispose of the property if agreement cannot be reached on the ultimate uses of the
15 property.
16
17 The Interlocal Agreement is planned for adoption consideration at the April 6, 2021 Carrboro
18 Town Council meeting and the April 7, 2021 Chapel Hill Town Council meeting. Any
19 amendments to the Interlocal Agreement by the Town of Chapel Hill or the Town of Carrboro
20 would prompt a return to the BOCC for consideration.
21
22 Greene Tract Update
23 Additional information on the Greene Tract, including next steps following the adoption of the
24 Interlocal Agreement, is contained in Attachment 3. Staff will not present the update at the
25 BOCC meeting, but will be available to address any questions.
26
27 John Roberts reviewed the background information, and the terms of the interlocal
28 agreement. He said the Town of Carrboro approved the interlocal agreement with the following
29 change: deleted last sentence in mediation paragraph (page 8) and replaced with "an
30 agreement will be binding contingent upon approval by each of the governing bodies."
31 Commissioner Greene clarified that in 2g, the words "final approval" means after a lot of
32 discussion by all of the boards.
33 John Roberts said yes.
34 Commissioner Fowler asked if there could be clarification about connecting natural
35 areas.
36 Craig Benedict, Planning Director, said the County's property will be reshaped to create
37 connections to 24 acres of preserved property. He said the County's share of that preserved
38 area is 60 acres.
39 Commissioner Fowler asked if further clarification could be provided.
40 Craig Benedict said there will be a total of 82-84 acres of preservation. He said there
41 are 164 acres total, with 104 that are jointly owned and 60 acres of County owned. He said the
42 County's 60 acres may be reshaped to take the best environmental lands. He said some of the
43 original 60 acres may be developed, while other better parts of environmental lands will be
44 added to create a newly shaped 60 acres.
45 Commissioner Dorosin asked if clarification could be provided on the time frame for
46 future developments.
47 John Roberts said there will likely be an 18-month process in reviews, depending on
48 public engagement.
49 Commissioner Dorosin clarified that it will require unanimity between all of the
50 jurisdictions, including mediation.
39
1 John Roberts said yes, there will need to be unanimous agreement between all of the
2 jurisdictions.
3 Commissioner Dorosin asked if the parties cannot come to agreement, could the County
4 request that its share be bought out by the other parties.
5 John Roberts said that is an option, as well as a judicial partition of the tract.
6 Commissioner Dorosin asked if the property is in the Chapel Hill extraterritorial
7 jurisdiction (ETJ).
8 Craig Benedict said yes.
9 Commissioner Dorosin said ultimately Chapel Hill controls the review process for any
10 developments.
11 John Roberts said yes. He said there is the possibility that it could be withdrawn from
12 the ETJ, but that would be an extreme situation, and take about 2 years.
13 Commissioner Dorosin said he is concerned that development of the Greene Tract will
14 continue to be delayed, and that the County has a more expansive vision of affordable housing
15 than other jurisdictions.
16 Chair Price said the pandemic interrupted public engagement with the community on the
17 property.
18 Commissioner Dorosin said he appreciates the work the group has done, but he would
19 prefer a tighter timeline than 18 months.
20 Chair Price said the timeline could be tightened.
21 Commissioner Hamilton asked if clarification could be provided of what a judicial
22 partition means.
23 John Roberts said it would require going to the court system to divide the property.
24 Commissioner Hamilton said she supports the agreement and it does show progress.
25 She said the current board has intent and vision for the property, but the property being vacant
26 is supporting environmental goals. She said there are some benefits to leaving it undeveloped.
27 She encouraged the Board to focus on the present, and move forward to the benefit of the
28 community, the environment and economic development.
29
30 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
31 approve the interlocal agreement with the change as approved by the Town of Carrboro and
32 authorized the Chair to sign.
33
34 Commissioner Dorosin clarified that he does not want to short circuit the process, or not
35 have public input, but the tract has been in discussion for 20 years, and there is already
36 opposition to any development. He said he is concerned about further delays.
37
38 Roll call ensued
39
40 VOTE: Ayes, 6 (Commissioner Bedford, Commissioner Fowler, Commissioner Greene,
41 Commissioner Hamilton, Commissioner McKee, Chair Price); Nays, 1 (Commissioner
42 Dorosin)
43
44 MOTION PASSES
45
46 b. Follow-up on Orange County's Proposed 2021 Legislative Agenda
47 The Board will:
48 1) review and discuss an updated Draft 2021 legislative package in follow-up to the Board
49 of Commissioners' discussion of the Legislative Issues Work Group's recommended
50 package at the March 16, 2021 Business meeting;
40
1 2) consider approval of updated Draft 2021 Orange County Legislative Priority Issues
2 document for submittal to the County's legislative delegation; and
3 3) consider approval of the Orange County 2021 Legislative Interests document (which also
4 includes the Priority Issues) to also be shared with Orange County's legislative delegation.
5
6 BACKGROUND:
7 The 2021 North Carolina General Assembly session convened on January 27, 2021. The
8 Board of Commissioners has historically appointed a Legislative Issues Work Group (LIWG) to
9 work with staff to develop a proposed legislative package for the County. Based on the work of
10 the LIWG, the BOCC has then reviewed and approved packages of legislative items to present
11 to Orange County's legislative delegation.
12
13 Commissioners Renee Price and Amy Fowler are serving on the 2021 LIWG and worked with
14 staff on the proposed 2021 legislative package, which consisted of the two documents, in
15 preparation for the Board's April 19, 2021 Legislative Breakfast meeting with Orange County's
16 legislative delegation.
17
18 The LIWG identified twenty-two (22) Legislative Priorities, acknowledging that the full Board of
19 Commissioners may want to consider modifying the list, exchange one item for another item,
20 other potential revisions, etc. The LIWG also recommended that the County express its
21 positions on other topics with a draft Other Orange County 2021 Legislative Interests document.
22
23 The Board of Commissioners discussed and considered the Legislative Priorities and the Other
24 Orange County 2021 Legislative Interests documents at the Board's March 16, 2021 Business
25 meeting. As part of the discussion, the Board provided feedback to staff on additions, revisions
26 and repackaging of the materials.
27
28 The updated Draft documents are provided as Attachment 1 and 2 for Board discussion and
29 consideration for approval as amended.
30
31 Greg Wilder, Manager's Office, reviewed the item.
32 Commissioner Dorosin proposed adding the protection of civil rights of transgender
33 persons, and the opposition of any laws that limits civil rights or any targeting for discrimination.
34 He cited two bills in the General Assembly HB358 and SB514, which target transgender
35 residents.
36 Commissioner Greene thanked Greg Wilder for the reformatting.
37 Chair Price asked if Commissioner Dorosin's request would mean including seven
38 priority issues.
39 Commissioner Dorosin said yes.
40 Greg Wilder said clarified the wording for the item.
41
42 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene, to
43 approve the legislative agenda, with the addition of a seventh priority, as described.
44
45 Roll call ensued.
46
47 VOTE UNANIMOUS
48
49 Greg Wilder suggested this item be added after#31 in the entire list, and #7 on the front
50 page.
51 The Board agreed by consensus.
41
1 Greg Wilder said the packet will be sent to the legislative delegation.
2
3 7. Reports
4
5 a. 2021 Orange County Revaluation Results
6
7 This item was tabled to a future meeting.
8
9 8. Consent Agenda
10
11 • Removal of Any Items from Consent Agenda
12 None
13
14 • Approval of Remaining Consent Agenda
15
16 A motion was made by Commissioner Fowler, seconded by Commissioner Greene, to
17 approve the consent agenda.
18
19 Roll call ensued.
20
21 VOTE: UNANMIOUS
22
23
24 a. Minutes
25 The Board approved the draft minutes for the March 2 and 9, 2021 Board of County
26 Commissioners meetings.
27 b. Motor Vehicle Property Tax Releases/Refunds
28 The Board adopted of a resolution, which is incorporated by reference, to release motor vehicle
29 property tax values for nine taxpayers with a total of nine bills that will result in a reduction of
30 revenue
31 c. Property Tax Releases/Refunds
32 The Board adopted a resolution, which is incorporated by reference, to release property tax
33 values for eleven taxpayers with a total of eleven bills that will result in a reduction of revenue.
34 d. Resolution Authorizing Exchange of Property for the Sheriff's Office
35 The Board approved a resolution, which is incorporated by reference, authorizing the exchange
36 of surplus ammunition for credit from AmChar Wholesale, Inc.
37 e. Change in BOCC Meeting Schedule for 2021
38 The Board considered approval of changes to the Board of Commissioners' meeting calendar
39 for 2021.
40 f. Fiscal Year 2020-21 Budget Amendment#10
41 The Board considered voting to approve budget and capital project ordinance amendments for
42 fiscal year 2020-21 for the Health Department; Emergency Services; BOCC/Clerk's Office;
43 Orange County Southern Branch Library Capital Project Ordinance; Coronavirus Relief Funding;
44 Library Services; Department of Social Services; and the Arts Commission.
45 g. Merritt Mill Apartments Development Updates
46 The Board received an update on changes to the Merritt Mill developments being financed in
47 part with Affordable Housing Bonds Funds and considered authorizing the developments to
48 move forward as detailed.
49 h. Compliance Plans for CDBG-CV Grant
42
1 The Board approved four plans required by the NC Department of Commerce as part of Orange
2 County's Community Development Block Grant— Coronavirus (CDBG-CV) award.
3 i. Approval of the Continuity of Services Plan to Guide Realignment from Cardinal
4 Innovations Healthcare to Alliance Health
5 The Board considered voting to approve the Local Management Entity/Managed Care
6 Organization (LME/MCO) Continuity of Services Plan to guide the process of disengaging from
7 Cardinal Innovations Healthcare and realigning with Alliance Health to administer Medicaid and
8 uninsured behavioral health and intellectual/developmental disability services for Orange
9 County residents that are insured by Medicaid or are uninsured.
10
11 9. County Manager's Report
12 None.
13
14 10. County Attorney's Report
15 John Roberts said the Senate filed 160 additional bills to be considered by the General
16 Assembly, and the House still has 2 weeks for additional bills. He said he will provide an
17 overview of these additions.
18
19 11. *Appointments
20 There were no appointments.
21
22 13. Closed Session
23
24 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board
25 in order to preserve the attorney-client privilege between the attorney and the Board."
26
27 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee, to
28 go into closed session at 10:23 p.m.
29
30 Roll call ensued
31
32 VOTE: UNANIMOUS
33
34
35 RECONVENE INTO REGULAR SESSION
36
37 A motion was made by Commissioner Bedford, seconded by Commissioner McKee, to
38 reconvene into regular session at 10:44 p.m.
39
40 Roll call ensued
41
42 VOTE: UNANMIOUS
43
44 14. Adjournment
45
46 A motion was made by Commissioner McKee and seconded by Commissioner Fowler to
47 adjourn the meeting at 10:44 p.m.
48
49 Roll call ensued
50
43
1 VOTE: UNANIMOUS
2
3
4
5 Renee Price, Chair
6
7
8 Laura Jensen
9 Clerk to the Board
10
11 Submitted for approval by Laura Jensen, Clerk to the Board.
Attachment 2
1
1 MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 VIRTUAL BUDGET-CIP WORK SESSION
5 April 13, 2021
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met for a Virtual Budget-CIP Work Session on
9 Tuesday, April 13, 2021 at 7:00 p.m.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
12 and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, Earl McKee
13 (arrived at 7:42 p.m.)
14 COUNTY COMMISSIONERS ABSENT: NONE
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified
18 appropriately below)
19
20 Chair Price called the Board of County Commissioners meeting to order at 7:00 p.m.
21
22 Due to current public health concerns, the Board of Commissioners is conducting a
23 Virtual Budget-CIP Work Session on April 13, 2021 utilizing Zoom. Members of the Board of
24 Commissioners will be participating in the meeting remotely. As in prior meetings, members of
25 the public will be able to view and listen to the meeting via live streaming video at
26 orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on channels 1301 or
27 97.6 (Spectrum Cable).
28
29 A roll call of the County Commissioners was called; all members were present except
30 Commissioner McKee.
31
32 Chair Price said the board will review and discuss the Manager's Recommended Fiscal
33 Years 2021-2026 Capital Investment Plan (CIP) and provide further direction to staff. She said
34 the Deputy County Manager, Travis Myren is going to give the presentation. Chair Price said
35 Travis Myren would give breaks in between the information for Commissioners to ask questions.
36
37 Travis Myren said the process was informal and encouraged the Board of County
38 Commissioners (BOCC) to ask questions during the presentation.
39
40 1. Discussion of Manager's Recommended FY 2021-26 Capital Investment Plan (CIP)
41
42 Travis Myren introduced the information below:
43
44 BACKGROUND: Each year, the County produces a Capital Investment Plan (CIP) that
45 establishes a budget planning guide related to capital needs for the County as well as Schools.
46 The current CIP consists of a 5-year plan that is evaluated annually to include year-to-year
47 changes in priorities, needs, and available resources. Approval of the CIP commits the County
48 to the first year funding only of the capital projects; all other years are used as a planning tool
49 and serves as a financial plan.
50
51 Capital Investment Plan —Overview
2
1 The FY 2021-26 CIP includes County Projects, School Projects, and Proprietary Projects. The
2 School Projects include Chapel Hill-Carrboro City Schools, Orange County Schools, and
3 Durham Technical Community College— Orange County Campus projects. The Proprietary
4 Projects include Water and Sewer, Solid Waste Enterprise Fund, and Sportsplex projects. The
5 CIP has been prepared anticipating moderate economic growth of approximately 2% in property
6 tax growth over the next five years, and 4% sales tax growth. Many of the projects in the CIP
7 will rely on debt financing to fund the projects. Tonight's discussion will focus on County and
8 Proprietary CIP projects. Note: Page numbers are referenced below as they appear in the CIP
9 document. See Attachment A for the Overall 1 CIP Summary (page 20), County CIP Projects
10 Summary (page 30), and the Proprietary CIP Summaries (page 23). Discussion of the Schools
11 CIP projects is scheduled for the April 27, 2021 Work Session. Orange County Campus -
12 Durham Technical Community College new academic building project will also be discussed at
13 the April 27, 2021 meeting. Discussion will also be directed tonight to the Debt Service and Debt
14 Capacity— General Fund (page 169), the Water and Sewer Debt Service requirements paid with
15 Article 46 Quarter Cent Sales Tax proceeds (page 170), and Debt Service requirements for
16 Solid Waste (page 171) and Sportsplex (page 172).
17
18 Travis Myren made the following PowerPoint presentation:
19
ORANGE COUNTY
NORTH CAROLINA
ORANGECOUNTY
CAPITAL INVESTMENT PLAN
FY2021-26
aoord of Orange County Commissioners
Virtual Work 5es5ioa
April 13,2021
20
21
FY2021-26 Recommended Capital Investment Plan
• Capital Investment Plan Review Schedule
County Project Otscussion-April 13
Caunrr GPiw PJa ,
• Pmpnaery Fvde Pmlxis
Ed—tlon Cap%al DIiii—slon-April 27
cr. r w Cl snmia
. oano•cP.xv s<naw
• Ltiar.m ra<n.kacemmsxy cdaa.
Budget Work Se_avlons
Adoption of the Operating and Capua l Budget-done 15
22 - D��ErCOUM1fT�'
23
24 Travis Myren said the board actually appropriates the first year of the plan, but will hear
25 the full plan. He resumed the PowerPoint presentation:
3
FY2021-26 Recommended Capital Investment Plan
FY2022-22 CIP Expenditu—
ORANGE,�COUNTY
1 �er�� a .,,
2
FY2021-26 Recommended Capital Investment Plan
FY2021-26 H—mad"CIP Evpanditur-
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3
4
5 Travis Myren said the $8.7 million is appropriated in FY 2021-22 for the 203 South
6 Greensboro Project, which is higher this year than following years.
7 Commissioner Dorosin said he was thinking about the introductory presentation on this
8 topic from last week and thinking about the operating budget. He said he is hoping there are
9 some opportunities to save some costs, if possible, and reduce any tax increase. He asked if
10 any savings could come from the CIP budget, or if the tax rate increase is only dependent on
11 the operating budget.
12 Travis Myren said the debt service that will be due in the operating budget is predicated
13 on prior year borrowing. He said if the board is focusing on the tax rate, it should look for
14 reductions in the operating budget. He said during the operating budget discussions, there has
15 been real consideration of how to thoughtfully recommend federal money to help pay for some
16 COVID-related expenses and therefore mitigate property tax increase.
17 Commissioner Dorosin said he appreciates staff has that on their mind. He clarified if
18 any changes are made to the CIP, it would be realized in future years in savings of debt service,
19 but not on the current debt service.
20 Travis Myren said Commissioner Dorosin was correct. He resumed the PowerPoint
21 presentation:
4
FY2021-22 Recommended County Projects
Climate Change Mitigation Projects-$536,645(p,31)
—Established in FY2019-20
—Dedicated quarter cent of property tax annually
—Funds transferred from the General Fund role Capital Project to
preserve unspent funding from prior year
—Next funding cycle begins in early May
��
1 . Gr��rc�n cnnor��Y
2
3 Travis Myren said the Department Directors are present in order to answer any
4 questions he is unable to. He said the slides show the recommended appropriations.
5 Travis Myren said the $536,645 on this slide represents the quarter cent on the new
6 revalued tax base.
7 Chair Price referred to page 10 of the CIP, which states "funds that are unspent at end of
8 fiscal year are preserved in the fund instead of being absorbed back into the county's
9 undesignated fund balance". She asked if staff knows how much remains now, when it would
10 be used, and what are the plans for the money that is unspent.
11 Travis Myren said the goal is to spend it down every year, and he believes there is a
12 balance.
13 Gary Donaldson, Chief Financial Officer, said there is around $900,000.
14 Paul Laughton, Deputy Financial Services Director, said the balance is related to the
15 timing of the payment of these. He said the first year has been earmarked for approved
16 projects, and the rest of the money is also ear marked. He said it looks like there is a large
17 balance, but both of those years have dedicated projects towards those funds.
18 Travis Myren said the awards have been made, but the checks have not been cut.
19 Chair Price clarified that in July, it would essentially be zeroed out.
20 Paul Laughton said yes, and added that the account would then show the $536,645 that
21 would be allocated for new projects.
22 Travis Myren resumed the PowerPoint presentation:
23
FY2021-22 Recommended County Projects
• LED Lightbulb Campaign-First Year Project FY19-20
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- � St9,396 gran!
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ORANGE COl11YTY
24
25
5
FY2021-22 Recommended County Projects
Cane-Creek-Solar Site—FY20-21
La rpest saar[nstalletion that ownsA as pent w_
Gram fuming supplememe mdget—nfal M begin Svmmar 2021
17l grant
352 K.solar
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1 Paparent an
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ORANGE CCUMY
• nlunnr.rwA
2
FY2021-22 Recommended County Projects
• Solar on Habitat Homes—FY20-21
—To begin Summer 2M
$95,000 grant
Serves 10 Names
Leveraged over
$70,000 rn
egalpmenl and
rr•anelar,
tloretiore
SM.280 sarongs
per household over
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ORANGE COUNTY
3 -girt—lr,a
4
FY2021-22 Recommended County Projects
• Facility Safety A Accessibility-$368,200(p.33)
—Central Recreation Wheelchair Litt Replacement-$1150,000
Instated In 1W
Nat currently eperasenal
I�
I
5
6
7 Travis Myren said this project would install a new lift that would make the center ADA
8 accessible. He resumed the PowerPoint presentation:
9
6
FY2021-22 Recommended County Projects
Facility Safety&AccessRbility-$368,200)p.33)
• Accessibility Projects
- eoanlywldeaecamildiproleen-925,OM
• Safety Projects
Cedar Grove Communlly Center security cameos•$10,5W
- Seulhem Hume.Services—.c ycameras-$5.000
- Security rerwe al Emergency Services-534,500
Dry fire suppression for Register o}Deeds-$1 W.000
Orange Courtly Transportation So—Rre al—eyelem wgrade-$43 300
OR4.NGE COItNTY
1 a nv,xlu,..lwn_i ..
2
3 Travis Myren said the fence is for security around the empty parking lot behind the
4 Emergency Services building.
5 Travis Myren said there are sensitive documents at the Register of Deeds that are not
6 scanned or available electronically, so a wet fire suppression system for the building does not
7 work for those types of precious documents.
8 Commissioner Fowler asked if efforts are being made to scan the documents in Register
9 of Deeds that have not been scanned.
10 Travis Myren said the documents that can be scanned will be, but some documents are
11 old and are in unscannable formats. He resumed the PowerPoint presentation:
12
FY2021-22 Recommended County Projects
Heating Ventilation and Cooling Projects-$540,000
(P.36)
-Whitted HVAC System Replacement-$350,000
• senree aa,aW sgaae realm ornee,meamar,naa demon Bailee
• System is 17 years A
�4j
OP-ANC,,COUNTY
13
14
15 Travis Myren said there was planning and design money in current fiscal year, so this is
16 the follow up equipment purchase and installation money. He resumed the PowerPoint
17 presentation:
18
FY2021-22 Recommended County Projects
• Heating Ventilation and Cooling Projects-$540,000
(p.36)
- Humidity Impact Study•$25,000
• Reeommend WXadm and reaiaoentenle w address humidity
-Eno Parking Deck Equipment Roam-$15,000
- HVAC Maier Cemporent Replacemerrt-$150,U00
• Replace arvtws,cwryreseers Ie extend weft/lire of equiimerrl
QRANGE COUNTY
7
1 Commissioner Greene asked which building this HVAC system is serving if it is located
2 in the parking deck.
3 Travis Myren said this was IT and electrical equipment in a closet within the parking
4 deck. He resumed the PowerPoint presentation:
5
FY2021-22 Recommended County Projects
Lake Orange dam Remediation-$360,000(p.38)
—Repair existirg erosion control harrier
2020 Assessment
• E�aion Con�,ol earner pnatlzed
nefeas
e spillwa y chanirol repairs from$45.000 to$85.000
FY21.24
Ck.M. FCOUNTY
6
7
8 Commissioner Hamilton asked why the remediation is not more aggressive with fixing
9 the issue and making it safe, given it is classified as a high hazard dam.
10 Craig Benedict, Planning Director, said engineers were hired last year to evaluate the
11 system. He said the work is being done as fast as it can, based on their assessment. He said
12 the evaluation showed the need for important improvements that must be made immediately,
13 and bids will go out July 1, 2021 to make these improvements using money from this budget.
14 Commissioner Hamilton asked if the repairs could not be made more quickly because of
15 the engineering.
16 Craig Benedict said there was a certain amount of money allocated for the engineering
17 study, and now there are funds for the work itself in the coming year's budget.
18 Commissioner Hamilton asked if the process is being driven by budget or engineering
19 constraint.
20 Chair Price said she believed the Commissioners looked at this issue last year or the
21 year before, but there was not enough information at the time.
22 Bonnie Hammersley confirmed the Commissioners did hear the information last year,
23 and said the engineer was hired in order to decide what work needed to be done. She said
24 since the engineer completed the evaluation, the next step is to fund the project.
25 Travis Myren asked if Commissioner Hamilton was asking if money was no object, could
26 this be done faster.
27 Commissioner Hamilton said yes.
28 Travis Myren said the answer to that is not by much, because only so much work can be
29 done on the structure at any given time.
30 Craig Benedict said Travis Myren was correct. He said if this is approved, the lake level
31 will be lowered this summer and improvements will begin with the upcoming year's budget.
32 Travis Myren said the limiting factor was that only so much work could be done
33 simultaneously.
34 Commissioner Hamilton said this project should be a priority, because it is a health and
35 safety issue.
36 Travis Myren said staff will let Commissioners know if it finds a way to accelerate things.
37 Commissioner Dorosin said perhaps there will be some infrastructure money by the time
38 it is ready for the next phase.
39 Craig Benedict said it would be "shovel ready".
40 Travis Myren resumed the PowerPoint presentation:
41
8
FY2021-22 Recommended County Projects
203 South Greensboro Project-$8,681,605(p.43)
-Southern Branch Library
is aaa square feet
• Reaoe9 thecyren and Moogle
• Net new operating Doer.•s537.ee9
-Skills Cevelopment Center
12,600 square feel
Replaces leased space at the Europa Center
- Parking
112 Parkirg spaces
- PrejectSohedule
Guar —d Mum—Price in 0—Wr 2021
1 ' Censtreetien Cempfete in easy 2023 .
2
3 Chair Price asked if the $802,000 for equipment and furnishings reflects the reuse of
4 furnishings.
5 Travis Myren said yes, it reflects the amendments the board made a few months ago.
6 Chair Price said she noticed the presentation skipped over page 42 of the CIP, which
7 discussed ADA Modifications at the Old Courthouse in year two. She asked if more detail could
8 be provided.
9 Travis Myren said this is the Old Courthouse. He said he thinks it is repairs to the side of
10 the building.
11 Steve Brantley, Economic Development Director, said the ADA improvements impact the
12 path of travel into the building, and the stone pathways are currently not accessible, so work
13 would be done to make it so.
14 Chair Price said she has been concerned about ADA compliance since she has been on
15 the board, and the sooner the work can be done, the better and she would like to see it done
16 sooner rather than later. She said if there is more needed from an engineering study that is
17 fine, but she would like to see all of the county buildings become ADA accessible as soon as
18 possible.
19 Commissioner Hamilton said it is a health and safety and accessibility issue, and asked
20 if$40,000 can be pulled from another project. She said this is an area that should be
21 prioritized.
22 Bonnie Hammersley said there is an amendment process if the board would like to make
23 change to the recommended budget, and the board will vote on the amendments before they
24 adopt the budget.
25 Commissioner Bedford recalled this project was removed from the recommended budget
26 in order to do the Durham Tech building. She said she would agree with adding it back in if
27 money could be found.
28 Travis Myren reiterated the amendment process, but also encouraged commissioners to
29 let he or Bonnie Hammersley know if they wanted to make changes. He resumed the
30 PowerPoint presentation:
31
9
FY2021.22 Recommended Projects
• 203SoutirGreens6oro Project-58,681,605(p.43)
- P•je,t-Jed m March 2021
- ralaiCouMy butlget•$IB,B29,108
41.
~b
y• ORAHrGEh OUMY
2
FY2021-22 Recommended Projects
• 203 Soutin Greensboro Project-$8,681,605(p.43)
3
4
5 Travis Myren said adjustments were made in the CIP so the net new borrowing
6 associated with the project is $275,000.
7 Commissioner Bedford said she was nervous when she first saw the diagram because
8 of the high lawn, but this area is not going to be part of library, and it does have some safety
9 features built in.
10 Travis Myren said the library would be on the first floor.
11 Chair Price safety will still be important in this area.
12 Commissioner Bedford said it does have some safety features.
13 Travis Myren resumed the PowerPoint presentation:
14
FY2021-22 Recommended County Projects
Parking Lot Improvements-$30,000(p.Mt)
-Crack el Brig at mulliple facilities-$15,000
-Striping and pa i nting at multiple facilities-$15.000
ORANGE�„��aU.r
15 _ 1
16
10
FY2021-22 Recommended County Projects
Phillip Nick Waters Building Remediation-$685,193
(p.40)
—HVAC and sprinkler rnodi5cationsin warehouse
1
2
3 Commissioner Greene asked if this building is where the county morgue is located.
4 Travis Myren said yes, the morgue is located in the back corner and some protective
5 walkways have been put in place so people can walk to and from the morgue. He resumed the
6 PowerPoint presentation:
7
FY2021-22 Recommended County Projects
• Phillip Nick Waters Building Remediation-$685,193
(p.40)
—Office building remed iation and new HVAC systems completed in
FY2020-21 to solve indoor air quality
SS million through budget amendments
—WarehauseProJeci
storage olemergency rcepome equlpmenb ambulance supphee,personnel
preteclive equipment,basic neceseilyaloclydee
• storage has been aceanmcdated In other County owned and rented syace
i natal air hanging anna to manage heat and humidity
Modify sprimider system to meet code requirements for high bays
ORANGnlE, nCOUNTI'
8nn.lrvn
9
FY2021-22 Recommended County Projects
Phillip Nick Waters Building Remediation-$685,193
(p.46)
— Project Offsets
• ceearcro,recdmmnnhyC.—e h—..$lta.szt
• Ptanning tundt,for Errand Ctrc�Community Center e;yamion-5100,0ao
• RlstoAc courthouse aievasormodemlratlon•slss,ees
Totel o9seta-E403.514
• 4et—borrowing-E281,579
ORANGE
rrE COUNTY
10
11
12 Travis Myren said the Historic Courthouse elevator modernization should have been
13 pushed off anyway to align with other projects at the building.
14 Commissioner Bedford asked about status of projects at Cedar Grove, and the sewer
15 work, in particular.
16 Steve Brantley said the project is nearly finished and will be done within the next couple
17 weeks. He said the approach taken will work without replacing the whole system.
18 Travis Myren said there is a septic system replacement in 2024-2025 if replacing the
19 pipe is insufficient. He resumed the PowerPoint presentation:
20
11
FY2O21-22 Recommended County Projects
• Piedmont Food&Agriculture Processing Facility-
$140,000 gyp.47)
—Install roofing over exterior freezers
- Funded DyArtkfe 46 Sales Tax
J #
1
2
3 Chair Price asked if details could be provided about the current partnership between the
4 county and PFAP.
5 Travis Myren said the county is allowing PFAP to use facility and equipment, but there
6 are no current financial terms. He said he just received a draft of a Management Services
7 Agreement back from PFAP staff, but before this there was not a formal agreement. He said
8 the county is responsible for the structure and pays for the associated insurance, while PFAP
9 operates the programs that take place at the facility. He resumed the PowerPoint presentation:
10
FY2021.22 Recommended County Projects
Roofing and Building Facade Projects-$98,760{p.49}
—Annual roof inspections&repairs-$55,DCD
— Planninganddesrgniunds for WhittedA(meeting room side of
du i ldmg)-$23,700
—Repair to nd s For Dickson House-$20,000
Shineem and sieing
O A�SE�TUI r
1 1
12
13
14 Travis Myren said the Dickson House serves as the Hillsborough Visitor's Building.
15 Chair Price asked if Town of Hillsborough contributes financially for the maintenance of
16 the Dickson House, since it uses it and its tourism board meets there.
17 Travis Myren said there is currently no financial relationship with the town.
18 Commissioner Dorosin asked if there is a lease agreement with the town.
19 Travis Myren said there is a lease document, but no rent payments are collected.
20 Commissioner Dorosin recommended revisiting the idea, or think about selling the
21 building to the town.
22 Chair Price said it is a historic building and she understands the value of it, but if the
23 Historic Hillsborough Alliance and Hillsborough Visitor's Bureau are using it, she would think
24 they would be involved in some respect.
25 Travis Myren said staff would look into this and try to come up with a proposal that would
26 make sense.
27
28 Commissioner McKee arrived at 7:42 p.m.
29
12
1 Commissioner Dorosin asked if staff could get information on what the building could be
2 rented or sold for.
3 Chair Price said it is a historically significant building, and was moved to its current
4 location. She said she is not really thinking of selling it, but maybe the town should contribute
5 upkeep and repairs.
6 Commissioner Dorosin agreed.
7 Commissioner Greene said she would not be opposed to exploring the idea of selling the
8 building to Hillsborough, as the town would value it as much as the county does. She said she
9 did not realize it was a county building because the town uses it.
10 Travis Myren said staff would bring back some options. He resumed the PowerPoint
11 presentation:
12
FY2021-22 Recommended County Projects
County Sustainability Projects-$50,000(p,52)
—Ann ua I funding for sustainability projeols in Counly facilities
— WhEfled window film to,reflecl heat-$1.273
Lai,
13
14
15 Travis Myren said this project is internally focused unlike the grant program, which is
16 externally focused. He resumed the PowerPoint presentation:
17
FY2021-22 Recommended County Projects
County Sustainability Projects-$50,000(p 52)
—Annual funding for sustainabilityprojeclsin County facilities
— LED lighting at Orange Works(DSS Facility)-U.240
• Re6ce lighting
ekcEric Ity bills by
41,00 annua9y—3
year payback
Leverages more Wan
_ SS,000 in utility
- - recentives which
ered 55%of the
� total prgecl coal.
IS ORANGE COUNTY
" rvlmtoueoiwe
19
20 Commissioner Fowler asked if the county and schools are able to apply for Climate
21 Project grant funds.
22 Travis Myren said the schools still can apply for those funds. He said these funds are
23 focused on non-profits and schools.
24 Commissioner Greene said the Town of Chapel Hill won one of the grants this year.
25 She said the desire was for it to be an external community benefit that would be complementary
26 to what the county is already doing for itself regarding climate mitigation efforts.
27 Travis Myren resumed the PowerPoint presentation:
28
13
FY2021-22 Recommended County Projects
Vehicle Replacements-$1.333,341(p.53)
—Public Safety Priorities
Animal S—cesremounte vahMle S51,500
Emergency 9erviceelAmbaW..+Aamin) -14669,41
• SheriRs Olfice vehicles 8111.800
Totnl PubYc Salary $ff54,341
—Transportation
Nine M OCTS bas rhea M(see note) $560,000
ao%oracPT Vehicles Oflser by StatelFeEeial Revenge
-Tval cowmb n.d$112W
O��t�EunOoUlH'A 1'
1 s
2
3 Travis Myren said Commissioner Hamilton asked a question via email earlier about how
4 the maturities of the bonds work. He said on vehicles, and things with short useful lives,
5 maturities are dated to match those useful items. He said borrowing packages are set up so the
6 maturity dates of the loans match the usefulness life of the assets.
7 Travis Myren said the Sheriff's office gets a lump sum and determines the vehicles that
8 need replacing. He said the age of the patrol fleet was such that almost all of the funds are
9 going to replace squad cars that are regularly on patrol.
10 Commissioner McKee asked if the size of the buses being replaced could be identified.
11 Theo Letman, Transit Director, said the buses are 22-26 feet long.
12 Commissioner McKee asked if these are the busses used for the Circulator route.
13 Theo Letman said yes.
14 Chair Price referred to page 12 of the CIP, which says $40,000 is recommended for
15 further electrification of the fleet. She said this amount will not buy much, and asked if these
16 funds are for a charging station.
17 Steve Arndt, Asset Management Director, confirmed the money is for electric charging
18 stations.
19 Commissioner Fowler asked if any of the vehicle replacements would be with electric
20 vehicles.
21 Theo Letman said the technology has not kept up with the industry to supply transit
22 vehicles with electrification. He said they are trying to get that technology, but it is currently only
23 available for larger vehicles rather than the smaller vehicles they utilize more.
24 Travis Myren resumed the PowerPoint presentation:
25
FY2021-22 Recommended County Projects
Vehicle Replacements-$1.333,341(p.53)
—Adminislralive Vehicles
• AMS Vehicle Reylacements)2) 573,444
• EAPR Vehlch Reolacemenl f21 574.440
Totai A,&,inatmtwe 5143,090
ORANGE COUNTY
26
27
28
29 Travis Myren asked if any of these vehicles are electric.
30 Theo Letman said no, these are crew cab pickup trucks.
14
1 Commissioner Hamilton asked the price of an electric charging station.
2 Brennan Bouma, Sustainability Program Coordinator, said the money on a charging
3 station goes to the installation costs. He said an estimate is around $10,000 per charging
4 station. He said the one element also being pursued, partly through a grant, is a lease for one
5 electric passenger vehicle. He said this vehicle will be available through the car share program
6 for county staff administrative needs. He said he hopes this will provide staff experience and
7 comfort with electric vehicles.
8 Travis Myren resumed the PowerPoint presentation:
9
FY2021-26 Recommended County Projects
10
11
12 Chair Price said some of the vehicles seem older, but with less miles, and newer
13 vehicles have many more miles. She asked if there is a gauge used to determine the
14 replacement of Animal Services vehicles.
15 Travis Myren said mileage, age, and maintenance history are factors that go into
16 replacement recommendations. He said even if a vehicle does not have a lot of mileage, it
17 could be in the shop a lot.
18 Theo Letman said the equipment requirements on the vehicles may also require it to be
19 replaced. He said there is an HVAC unit that is mandated on all vehicles that hold animals,
20 which may require a vehicle replacement on a vehicle with low mileage.
21 Chair Price said there is one vehicle that is 2 years older, and is accumulating a lot more
22 mileage.
23 Theo Letman said as the vehicles come up in age, he communicates with Departments
24 about which vehicles need to be replaced soonest.
25 Chair Price said there seems to be inconsistencies.
26 Commissioner Dorosin said some systemization would be good for vehicle replacement.
27 He said vehicles are made better and last longer now. He said he thinks the county may be
28 replacing vehicles more aggressively than needed, so it would be worth looking at best
29 practices.
30 Travis Myren said there are benchmarks and standards staff can provide to the board to
31 demonstrate how the replacement schedule compares to what best practices might be. He said
32 this table is a new feature in this year's budget that provides a lot more details than in past
33 years.
34 Commissioner Bedford asked if there is a similar chart with maintenance schedule for
35 the buildings in the county. She said this is helpful when determining what to prioritize, and she
36 would like to see more schedules.
37 Bonnie Hammersley said staff does have replacement schedules for those things, and
38 she would share them.
39 Travis Myren resumed the PowerPoint presentation:
15
FY2O21-22 Recommended Information Technology
and Communications Projects
Information Technology Governance Council Projects-
$500,000(p,56)
-Funded every other year at$500,000
— Scored by interdepartmental work group
— Intended for functionality and service Improvements
Campuler Asslsled Mass A.—a-1(CAM replacement(T)
Parcel Identlricalion Number(PIN)replacement{All lane records)
New a tropic bill presenlmerd and processing software(Tax)
Loll management system replacement(Aging)
CCIttaEEle55 EefVICR-1-1,rl—(Llhlwy}
Entr,r 'eogral Intonnalion System(GIS)upgrade(All depart—M)
New GIS system(EnvinonmelHal H*Mth)
SwitcMoaM uPprade(Social Services)
ORANGI'aU. fY
1 wErcltunoirwx
2
FY2O21-22 Recommended Information Technology
and Communications Projects
Contactless Service Delivery(Library)
iw.
ORAL EcxataC011lN'�Y
3
4
5 Travis Myren said the kiosk would eliminate the need for interacting with someone when
6 checking out or borrowing a book.
7 Commissioner McKee asked what would happen to jobs with an increased use of
8 contactless delivery.
9 Travis Myren said people are still needed behind the scenes, cataloguing and
10 inventorying books. He also said employees are currently doing curbside delivery, so the staff
11 who were stationed at the desks are now doing curbside delivery. He said this allows for
12 workforce flexibility. He said staff is working with Human Resources to determine what staffing
13 will look like when the county buildings reopen to the public, and is thinking about where staff
14 needs to be and where people can best be redeployed.
15 Commissioner McKee asked how staff would accommodate the public who cannot, or do
16 not want to, use this contactless option.
17 Travis Myren said there would still be an in person option.
18 Commissioner Greene said the Chapel Hill library began using a similar system, which
19 allowed the librarians to assist patrons in other ways. She said there is a threat globally to jobs,
20 with increased automation, but she does not believe in this particular case it would result in the
21 loss of jobs.
22 Commissioner McKee reiterated his concern for residents who cannot, or do not wish to,
23 use this type of system. He said he has gotten calls from residents who are growing more
24 frustrated with the lack of accessibility to assistance in the county.
25 Commissioner Greene said she would not support the library removing in-person options
26 for people who need it.
27 Commissioner McKee said he ran into such a problem personally last week, and it is
28 frustrating that county services are not fully available. He said the board needs to be aware that
29 there are a large number of people in the county who do not have the technical ability or do not
16
1 want to learn the technical ability to use these checkouts. He said there should be
2 accommodation in service provision.
3 Chair Price said there were contactless options a several years ago at the Orange
4 county library, but there was always a person there to help as well. She said librarians are
5 important.
6 Chair Price asked if state and federal money for infrastructure will affect this part of the
7 budget. She asked if the county will be able to use some of this money for network
8 improvement or wireless expansion, as Orange County is trying to extend fiber to rest of the
9 county.
10 Travis Myren said yes, these monies will like be shuffled around, especially with the
11 desktop/lap top replacement schedule. He said desktops are waning, and lap top usage is
12 increasing, as it allows employees to work from home, or on the go. He said if expenditures can
13 be tied back to the pandemic in some way then federal monies can be applied.
14 Chair Price said there are some bills being considered for broadband expansion. She
15 asked if it was passed if some of that money could be used for these efforts and the other
16 money could be allocated elsewhere.
17 Travis Myren said the Broadband Taskforce is currently vetting the potential funding
18 sources associated with Broadband in addition to more money that could be coming to the
19 County. He said this is a good area to look at for potential federal funds. He resumed the
20 PowerPoint presentation:
21
FY2021.22 Recommended Information Technology
and Communications Projects
Information Technology Infrastructure-$1,164,000
(p.57)
- CyberSecuntylnrtfatives $100,000
-Server and Network Upgrades $240,000
- LaMPIDesklonReolacemen S.dule $624,000
-Total Technology infrastructure $1,164,000
Evalwling c VbeneAlol Mi aft355lor hybrid work seanB W replace
M"t ft ON-upgrade
ORPNGF COUNTY
22 uu _rnn,
23
24 Travis Myren explained that Microsoft 365 is a Cloud system, but it requires an annual
25 subscription rather than a larger one-time cost, so staff is comparing costs.
26 Commissioner McKee said he thinks Microsoft 365 works well other than minor normal
27 hiccups.
28 Travis Myren resumed the PowerPoint presentation:
29
FY2021-22 Recommended Information Technology
and Communications Projects
Information Technology Infrastructure-$1,164,000
(p.57)
cesewyn¢iq ra clp I..aprapayi,g wr crp
-:cry
30
17
1
FY2021-22 Recommended Information Technology
and Communications Projects
Register of Deeds Automation—$80,000(p.48)
—Multiyearaccounttofinance technology improvements in
Register of Deeds Qifce
— Prior year funding for replacement of Records Management
Software(RMS)
O��ccEunOoUIYTY
2
3
FY2021-22 Recommended Information Technology
and Communications Projects
• Communication System improvements—$160,308
(P.58)
—Multiyear plan to upgrade for TiimeDivislon Multiple Access
JDMA)compliance
—Upgrade required as user of the Statewide VIPER radio
system
—Future years escalated by five percent 0%)an nually based on
current market condition a
ORANGE COUNTY
5
6 Travis Myren said there is a five-year plan to get all of the radios in compliance with this
7 platform. He resumed the PowerPoint presentation:
8
I — Emergency Services
Suh statfan Long Rang!Plan
:elcoadcr-. 11 Ch. ..F....,F,e
Npart-1 al Coen I.e.aun
FY2020-21
$la*,d w.Wn in 13—
rY E11a ad area
FY2021-22
Cade k,v b Oi Qq Raral
Fire and at YPeleratane
FY2022-23
i ll. Nuip hnde Tar co-laearim with
ChapelfY Fire
"• _ FY2023-24
Crwrwkl ofea4ocalion wilh
.� ChapelfY Fire
ORANGE COUNTY
9
10
11
12
18
FY2021-22 Recommended Emergency Services
Projects
• EMS Substation Project-$2,700,000(p.59)
—Future8ubstationlocalionstudy-$25C.000
—Co-location with Orange Rural Fire Deparlmenl-52 450,000
Total CountV BuQgel•$3,400.000
• Replaces S14w VI on Revere Rwa
klm@ oRqv�a nn
2
3 Travis Myren said the Town of Hillsborough donated the land for the co-location project
4 with Orange Rural Fire Department. He said Orange Rural serves as the Town of Hillsborough's
5 primary fire response agency.
6 Chair Price asked if the cost of the land and the project could be identified.
7 Travis Myren said it will be about a $6 million project. He said Orange Rural would pick
8 up the other half of the project.
9 Chair Price asked if the Town of Hillsborough is contributing in addition to the land.
10 Travis Myren said there may be an area for a police officer to check in, but otherwise
11 there is not really space for Hillsborough staff.
12 Chair Price asked if the town is contributing financially.
13 Travis Myren said yes, through taxes from the fire district. He resumed the PowerPoint
14 presentation:
15
FY2021-22 Recommended Emergency Services
Projects
EMS Substation at Waterstone-$2,450,000(p.513)
16
17
18 Chair Price asked what the county is getting through the study, and how long it would
19 last.
20 Travis Myren indicated that Kirby Saunders, Emergency Services Director is doing some
21 research and it would likely be lower in the adopted budget.
22 Kirby Saunders said the last study was done around 2010 or 2011. He said the county
23 wants to get ahead of the amount of growth that is occurring, and forecast where stations need
24 to be in 10, 15, 20 years, especially when talking about infrastructure projects. He said these
25 projects are costly, and it is important to have them in the right locations.
26 Chair Price asked if it would be a year-long study.
27 Kirby Saunders said yes, and said staff is working with the Carrboro and Chapel Hill fire
28 departments to determine locations, as well as all the rural stations and asking how growth will
29 impact those areas.
19
1 Commissioner McKee said he has been a proponent of co-location since he has been
2 on the board and asked if it is working.
3 Kirby Saunders said it is going great, and the only challenge is co-location in the
4 southern part of the county, due to such rapid growth. He said if it working very well from an
5 operationally perspective.
6 Commissioner McKee said one of the benefits from the last study was the willingness to
7 try co-location again, after some rough water on the first try.
8 Kirby Saunders said they are trying to build in dedicated spaces for EMS and Fire, as it
9 can be challenging when EMS and Fire Service are in the exact same space due to the different
10 rhythms of each group. He said the goal is to have them in the same location, but for each to
11 have separate spaces. He gave credit to fire department partners who have been supportive
12 during colocation efforts.
13
14 A motion was made at 8:26 p.m. by Commissioner Dorosin, seconded by Commissioner
15 Greene, to recess the meeting until 8:30 p.m.
16
17 Roll call ensued
18
19 VOTE: UNANMIOUS
20
21 A motion was made by Commissioner McKee, seconded by Commissioner Greene, to
22 reconvene the meeting at 8:31 p.m.
23
24 Roll call ensued
25
26 VOTE: UNANMIOUS
27
28 Travis Myren resumed the PowerPoint presentation:
29
------------
Lang Range Parks Plan
. L �:: .� r"i':.+ Fvmieao cmvcroveer.sei-5zimmo
. Frrwe Fuwrewrq rcF
�M vmxizr rain.rrok ieore 11.111om
■...._.. se -li000m
..• �"�,,:,.�_ ., Fvzsz�xz uaumerem�enen.slalom
FY2]21261e Lpry-Mm,mae—n
�.tiR�+'—n'•' Fy2p21 28 Platlnootl Farm PoR-f125milim
FY2M49F. -NAR— 0.1kn
Aft••' FY202124 Upper Em NeNa I.--
- _JJ OWTGE CCOOi1NTY
30 ---
31
32 Travis Myren said Blackwood Farm Park is not on this list because it is an electric
33 vehicle project instead of a park improvement project. He resumed the PowerPoint
34 presentation:
35
20
FY2021-22 Recommended Parks,open Space, and
Trail Development Projects
• Blackwood Farm Park-$15,000(p.64)
-AI)Aaccessible Neighborhood Electric Vehicle(NEV)
Atr Ilabb forma np pack Improve Is-simnel of 2022
—Construction Project-summer 2021
Tem Ianes en New 81p—y flv
• Emryrrey end psddny anprovemer
Picnb ahellere and reshow„s
AmphUh-er and fl JMp slaL-
Trarrs-d dix WIF cou
• Ran melese pads durllg cenavl,edon
OR COI.`NTY
1 ,v Nx ,_mm.ln..
2
3 Commissioner Bedford asked if the vehicle was a golf cart.
4 David Stancil, Environment, Agriculture, Parks, and Recreation Director said it is a more
5 elaborate version of a golf cart. He said it has about four to six seats to move people across
6 between locations in a larger facility.
7 Chair Price said the entryway has been reviewed previously, and it has a costly price
8 tag. She asked if this is still the same.
9 David Stancil said yes, and $2.8 million in funds from years past will be going towards
10 these improvements.
11 Chair Price said she thought the $300,000 for the farmhouse renovation was put on
12 hold.
13 David Stancil said the house is more in need of remediation than the one at Mill House
14 Road, and, as such, has been prioritized.
15 Travis Myren said funds were moved from Millhouse to Blackwood. He resumed the
16 PowerPoint presentation:
17
FY2021-22 Recommended Parks,open Space, and
Trail Development Projects
• Lands Legacy Program-$500,000(p.72)
-56%G ra nt fu nded;Annual County cost-$250,000
-Establisheclin2000
-Preserve and protect critical natural and cultural resources
Threatened farr,rend wd WWre nark sues
• Wlld@le habllal and prime lmeele
• Wete+ehedaheem6uff—
• CNterel,archeeOnkal.end hisleric%ilea
-Current project balance of$1.7 million planned to be exhausted
in 2021
S1.5m011en deaig-W esa,rtch ferseven Mile C—R r3�
Q r�iom I uCOIINTY
18
19
20 Chair Price referred to parks and community centers that were skipped over, and asked
21 if staff would provide a report of usage of community centers. She said people do not know they
22 can use the community centers or about the programs happening there.
23 Travis Myren said staff would work with the neighborhood associations and provide
24 more information.
25 Chair Price asked if it is known when the results of the landfill mitigation assessment will
26 be received.
27 David Stancil said staff is providing a status report at the Fairview Community's
28 neighborhood meeting in May. He said he expects to have the state present in September for
29 final recommendations on how to move forward. He said he should be able to provide a status
30 report to the board fairly soon.
21
1 Chair Price said she also wanted the board to get the report.
2 Travis Myren resumed the PowerPoint presentation:
3
FY2021-22 Recommended Parks,Open Space, and
Trail Development Projects
Little River Park-$100,000(p.73)
—Repave park entry a no parking area
—Cooperative agreement with Durham County—50%of costs
- ORANGE COUNTY
5
6 Chair Price asked if$100,000 is 50% or if the county would pay $50,000.
7 Travis Myren said the county will pay $50,000.
8 Commissioner Fowler asked if half of the park is in each of the counties.
9 David Stancil said there are 255 acres in Durham and 136 acres in Orange, but a lot of
10 the publically accessible areas are on Orange County side. He said there is a 15-year
11 agreement of each entity paying 50%.
12 Commissioner Hamilton asked if Orange County is doing the contract work since it is in
13 this CIP.
14 Davis Stancil said as part of the interlocal agreement, Durham County does not operate
15 any parks, so Orange County operates the park on behalf of both counties and would be doing
16 any capital improvements.
17 Travis Myren resumed the PowerPoint presentation:
18
FY2021-22 Recommended Parks,Open Space, and
Trail Development Projects
Mountains to Sea Trail-$181,000(p.75)
—Trail segment from Buckthorn Road to Cane Creek Reservoir to
Alamanoe County line
—Expecled State grant funds for land acquisition-$35,5DC
reduces County cost to$145,5CO
— See map on next slide
O A� SEcxaoiCOtllN'�Y
19
20
22
FY2021-22 Recommended Parks,Open Space,and
Trail Development Projects
v ` _-
, r f:
11
2
3 Chair Price asked how much would be allocated toward land acquisition. She recalled
4 several years ago that she heard someone say Orange County would not buy land for the trail,
5 but would assist. She asked how much the county is budgeting for land acquisition for the
6 Mountains to Sea trail through Orange County.
7 David Stancil said for the coming year, $100,000 of$181,000 is projected for land
8 acquisition. He said there are four landowners with whom staff is working, to secure trail
9 easements or purchases of land to insure access. He said the state has been supportive of
10 land acquisitions. He said it is possible that the county will receive more than $35,000 from the
11 state to assist with land acquisitions. He said the county is acquiring land with the help of the
12 state and the Friends of the Mountains to Sea trail, and while some county funds are going to it,
13 there has been just as much from the state, if not more.
14 Chair Price asked if the total amount spent thus far is known, and how much more would
15 be spent on the Mountains to Sea trail.
16 David Stancil said there is existing funding from previous years, and there are a couple
17 of key properties on the map that will require easements. He said it is hard to estimate because
18 it is unclear if landowners will accept an easement, which is cheaper, or require purchase of the
19 land.
20 Chair Price asked if the amount of Orange County funds that have already been spent
21 on land acquisition is known, and if there is a cap for how much will be spent.
22 David Stancil said he would get back to the board with those totals.
23 Commissioner Hamilton said if the board is getting this information about the Mountains
24 to Sea trail, it should look at all the land acquisition that occurs to support the recreational
25 activities of residents. She said it is important to have perspective.
26 David Stancil said the Lands Legacy Program has 3-year action plans, and the next
27 three-year plan will become available in September.
28 Commissioner Fowler asked if the Friends of the Mountains to Sea Trail contribute
29 financially.
30 David Stancil said it is usually in-kind assistance. He said this group has expertise in
31 building trails, and are very helpful in this regard.
32 Travis Myren resumed the PowerPoint presentation:
33
23
FY2021-22 Recommended Parks,Open Space,and
Trail Development Projects
Upper Neuse River Basin Implementation Strategy -
$175,404(p.76)
-Alternative Implementation Agreement
— Each jurisdiction agrees tobudgetand implement projects
—Examples—created wetland and vegetative stream buffer
2
3 David Stancil said there are a number of menu items that all of the jurisdictions in the
4 Upper Neuse Basin can pull from. He said all of the options will count towards meeting the
5 implementation funding amount for each year.
6 Commissioner McKee asked if county is still held at the 77% and 40%.
7 David Stancil said yes, and the UNRBA has been working on a path forward committee,
8 and these rules will be revisited in the coming years, as there is widespread acceptance that the
9 numbers are not doable.
10 Travis Myren resumed the PowerPoint presentation:
11
FY2021-22 Recommended Parks,Open Space,and
Trail Development Projects
Park and Recreation Facility Renovations,Repairs,and
Safety Improvements-$180,000(p.78)
-Anrual request for ongomg capital improvements
Pates facility repairs aM mpimemem
Safety Improvenyenls
• Site ligh(irg
• Landscapkiq
• 51®nage
Preven o--iMen—
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ORANGlaU, TY
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13
14 Commissioner Hamilton said this is another area where it would be nice to have a
15 schedule and more details in order to respond to constituents about needed repairs.
16 David Stancil said such a schedule exists, and he would provide it to the BOCC.
17 Travis Myren resumed the PowerPoint presentation:
18
FY2021-22 Recommended Water&Sewer
Infrastructure Projects
• Economic Development Water&Sewer Infrastructure-
$1,235,000(p.84)
-Huckhorn Economic Development District
,:airy aan n.ea(M.—Plan)
19
24
1 Travis Myren said this project would take sewer under the interstate to serve the parcels
2 in Growth Area A in the Buckhorn Area Plan. He said the debt service on the project is repaid
3 with article 46 sales tax money.
4 Chair Price asked if clarification could be provided on the districts shown on the map.
5 Travis Myren said Area D3 on this map is Area A in the Buckhorn Area Plan. He said
6 there is also a lift station upgrade shown on the map near Gravelly Hill Middle School.
7 Chair Price asked if the total is $1.2 million into area D3 on the map.
8 Travis Myren said yes.
9 Commissioner Fowler asked if this is an old map, or if this is something with which
10 people are familiar.
11 Travis Myren said Area A has always been in the Economic Development District (EDD).
12 Commissioner Bedford asked for some history about the sewer in this area.
13 Craig Benedict said the project started with a sewer lift system near Gravelly Hill Middle
14 School that provided a gravity system that went up to the D1 parcel. He said a stub was left out
15 near the interstate to take it up to the D3 area when development required it. He said a few
16 years ago a 16-inch water line was installed under the interstate to serve D3 from D1. He said
17 there is gravity sewer and the sewer lift station in the area, which was not stubbed out until the
18 program was phased. He said this is Phase 3, and is expensive.
19 Chair Price asked if Craig Benedict could explain the residential areas.
20 Craig Benedict said originally the gold areas on the map used to flow 3.5 miles over to
21 Hillsborough causing expensive sewer rates. He said in order to stabilize the rates there, a new
22 engineering program was developed to change the flow from Hillsborough to Mebane, near the
23 E2 parcel super sub regional lift station that can handle the flow of central Efland and the
24 majority of the EDD properties along the way. He said the out-of-town Mebane rates for Efland
25 are lower than that of Hillsborough. He said 1.5 to 2 years ago, all of the sewer, gravity, and lift
26 station assets were transferred from Efland, where it was under the county's cost, to Mebane.
27 He said Mebane maintains these assets.
28 Commissioner Hamilton said she is concerned because the board has not completed the
29 Buckhorn Area Plan study, but she feels it is being discussed as though it has done so. She
30 said this can be confusing for residents who are concerned about the decisions the board is
31 going to make. She said she is unsure what the return on investment has been on the water
32 and sewer in the existing projects, and what is expected in the future. She said there are other
33 things for which the Article 46 sales tax can be used. She asked if more information could be
34 provided on the return before making decisions on further water and sewer in this area.
35 Chair Price said there is little context on what is in each area on the map.
36 Chair Price asked if Buckhorn-Mebane EDD Phase 2 is different plan than the county's
37 Buckhorn EDD. She asked if the arrow pointing to 1 is part of A.
38 Craig Benedict said he would provide that information to the board. He said it was about
39 a two-mile extent of sewer that went all the way from D1 to A, and into Mebane. He said this
40 zone is part of phase 2.
41 Chair Price asked if it was Phase 2 of the Mebane-Buckhorn EDD or the county's
42 Buckhorn EDD.
43 Craig Benedict said the engineering program from Efland to Mebane was called the
44 Buckhorn-Mebane Economic Development Infrastructure plan. He said he will provide more
45 specificity for each of the phases to explain how it all ties together. He said it was done in
46 phases so there was less upfront money.
47 Chair Price asked if the map could be labeled more clearly in order to understand which
48 phases are parts of which plan.
49 Travis Myren said staff can clarify that. He said there would be an abstract coming to
50 the board on April 20, 2021 discussing the next steps for the Buckhorn Area Plan. He said this
51 can be revisited and staff can provide additional detail.
25
1 Chair Price agreed with Commissioner Hamilton, and asked if it is premature to put in
2 the CIP that the county will spend over $1 million for construction if there is no plan to which the
3 board has agreed.
4 Travis Myren said he understood, and it was scheduled to move into year 1 so that is
5 why it is here. He said given the uncertainty of the area plan, the board can defer the item.
6 Commissioner McKee said there has been a plan to use half of the bond money for
7 infrastructure in the EDD. He said he may need a refresher on what happened when the board
8 voted to start using that money and dedicate it for sewer and water. He said Morinaga would
9 not be in Orange County if not for this development, which was a promise to the company, and
10 credited Morinaga for the economic development in this area. He asked if staff could provide
11 the commissioners with a brief overview on the return on investment. He asked for time in a
12 work session to look at an overlay presentation beginning with the EDD and adding in the
13 phases when the development happened, so it would be clearer. He said he did not want the
14 board to discuss pulling back from this investment, as failing to go under the interstate strangles
15 area A. He said there was definitely a plan when he first came onto the board, and the county
16 residents voted to move forward on that plan. He said this board may need to review what
17 happened, and the minutes from those meetings.
18 Commissioner Dorosin said Commissioner McKee stated a lot of his points, and agreed
19 there is a plan. He said it is confusing to look at two different maps of the same area between
20 different plans. He said it is important to remember that the plan has always been to provide
21 infrastructure to the area, which is important for any economic development. He said while
22 there are residents with concerns about the type of economic development, they do agree with
23 the idea of economic development there and without the water and sewer it is not possible. He
24 recalled some emerging agreement that area A made the most sense for development, due to
25 its location. He said there is value in making connections when thinking about the value of
26 investment.
27 Commissioner Hamilton agreed it would be helpful to review the history and the plan.
28 She said a plan is a plan, and it still needs to be evaluated if the plan turns out as expected.
29 She said part of the plan is agreeing on the kind of development the board wants to see, and
30 having the community's input so the board does not feel pressure to jump on something that is
31 not aligned with its interests. She said she wants to be cautious, and avoid a situation where
32 the board ends up wasting more time with a proposal that is not in line with the county's values.
33 Commissioner McKee said he does not disagree with Commissioner Hamilton, but
34 wants to remind the board that the return on investment is more than tax dollars. He said that
35 shortly after Morinaga opened, he was at Walmart and overheard a young man talking about
36 getting work at Morinaga, and it being the first job he ever had with benefits, insurance, and a
37 good wage that offered future security. He said if the board is serious about economic justice, it
38 has to talk about the communities that are struggling with low paying jobs and the businesses
39 that are paying $15 an hour and up.
40 Commissioner Greene agreed the old map is confusing when she has the newer
41 Buckhorn Area Plan map in her head. She agreed with Commissioner McKee and
42 Commissioner Dorosin that there has been a long agreement to put water and sewer in Area A
43 and it needs to be done in order to have conversations with any company that wants to develop
44 there. She said those conversations likely will not happen without the infrastructure, which she
45 believes the community expects at this point.
46 Chair Price agreed there needs to be infrastructure, and was referring to the actual build
47 out. She said the board told residents there would be a community conversation. She said she
48 is not trying to get this eliminated, but just wants to make sure the plan is developing in a way
49 that will give the return on investment the board wants.
50 Bonnie Hammersley said the board can be talked about this on April 20, 2021 and staff
51 will bring a better map when the board discusses the Buckhorn Area Plan.
26
1 Commissioner McKee reiterated his request for Mylar overlays in sequence, beginning
2 with the original EDD.
3 Bonnie Hammersley said staff can do that.
4 Commissioner Dorosin said the plan is old, but has not been implemented until very
5 recently. He said the board talked about it for a long time, and once the infrastructure was in
6 place Morinaga, Medline, and other places came. He said he wants to take the time to discuss
7 it but wants to prevent unnecessary delay because the county is behind the curve on this and
8 on its economic development plan. He said this needs to be moved forward as effectively as it
9 can.
10 Chair Price said she wanted to do it effectively and efficiently, but could remember when
11 people would say it was perfect for a golf course. She said some projects have been missed
12 because of the lack of infrastructure.
13 Commissioner Dorosin said Steve Brantley talks frequently about projects going to
14 places where the infrastructure is in place, including roads.
15 Chair Price recalled there was a lot of push back, even twelve years, ago about
16 development in this area.
17 Travis Myren resumed the PowerPoint presentation:
18
FY2021-22 Recommended Water&Sewer
Infrastructure Projects
Economic Development Water&Sewer Infrastructure-
$1,235,000(p.84)
—Extend sewer service under interstate to 200 acre site with rail
access and upgrades lift station to high capacity force main
—Area Ain Buc%homArea Plan
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19
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FY2021-22 Recommended Water&Sewer
Infrastructure Projects
Economic Development Water&Sewer Infrastructure-
$115,000 ip.85)
— Design andeasementacquisitionior potential future investment
area
— RecommendrernovaVdelay based on Duck hom Area Plan
discussions
21
22
27
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Facilities
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3 Travis Myren said this is an overall map of where facilities are located in the county. He
4 resumed the PowerPoint presentation:
5
FY2021-22 Recommended Solid Waste Projects
Solid Waste
• Solid Waste Projects
—Construction&Demolition Landfill Equipment Replacement
(p.87)
Replace Har—,W=der-1 254,652
- rre,am•reme ann•me.ere rrycame meiciazsmmewe mien
• Replace Cal Wheel Leader-184.U5
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FY2021-22 Recommended Solid Waste Projects
Solid Waste
• Solid Waste Projects
—Construction&Demolition Landfill Expansion-SI388,308(p.69)
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9
10 Commissioner McKee asked if this is located on the north side of Eubanks Rd.
11 Roberts Williams, Solid Waste Management Director, said yes.
12 Travis Myren resumed the PowerPoint presentation:
13
28
FY2O21-22 Recommended Solid Waste Projects
Solid Waste
Solid Waste Projects
—Recycling Operations-Equipmert Replacemert(p.91)
Replace Sle d.,—$260 000
Replace F—I Eno Loader—$3W.004
Replace Reae Trader-$165,310
New F250 Rek4 Tr—-V6.O 0
1
2
3 Chair Price asked if the amount the county receives in fees from residents could be
4 identified, and if that money can be used for this replacement schedule or if it could only be
5 used in operating.
6 Travis Myren said all of these things manifest in debt service, and the program fees help
7 pay the debt service on all of this.
8 Travis Myren said the program fees are the foundation of the Solid Waste finances. He
9 resumed the PowerPoint presentation:
10
FY2O21-22 Recommended Sportspiex Projects
• Spartsplex Projects-$405,000
—PaWng lot repair-$75,000(p.95)
— Heating,Ventilation,and Air Conditioning-5100,000(p.95)
— Dwrreplaeements-5125,000(p.95}
— Kldsplexlnllatables and equipment•St05000(p 9$)
ORANGE COUNTY
11 rnxnunoimn
12
13 Travis Myren said as a result of closures over past year, this is a relatively modest CIP
14 recommendation for the Sportsplex that focuses on things that really need to be repaired or
15 replaced, due to age, or in the case of the parking lot, wash out.
16 Commissioner Bedford asked if the Sportsplex got some of the CARES funding, in order
17 to be safe with opening.
18 Travis Myren said no, the Sportsplex did not receive an allocation.
19 Commissioner Bedford said the Sportsplex has managed to be open at a limited
20 capacity.
21 Travis Myren said yes, and the county provided some personal protective equipment,
22 but that was the extent of the involvement.
23 Chair Price asked if the loss over the past year is known.
24 Travis Myren said staff would bring that information back.
25 Chair Price asked if membership fees cover debt service.
26 Travis Myren said the Sportsplex has been able to support its own debt service for the
27 past couple of years, and hopefully it will continue.
28 Commissioner Bedford referred to page 5, and asked if"Sportsplex funds" refers to the
29 fees people are paying.
29
1 Travis Myren said yes, those are the generated revenues. He said that would be
2 differentiated from debt finance.
3 Chair Price said the "Sportsplex funds" has nothing listed for next year, but has $50,000
4 in year 2.
5 Travis Myren resumed the PowerPoint presentation:
6
Planning for Future Significant Capital Projects
• Future Potential Capital Projects
—Emergency Responder Radio System
• Rew cost e Iimate-IN VIPER expansion
—School Facilities
• Centlnuee nvesuneitts m eurvent}aculUee
Planning for new xhad 18ceih-
PoterimA General Oblgetion bond rererendum
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7
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FY2021-26 Recommended Capital Investment Plan
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12
13 Commissioner Bedford said with past revaluations, the Commissioners have done a
14 revenue neutral tax rate. She asked if that is still happening, and said she does not understand
15 how a penny increases by 8.5% due to revaluation.
16 Travis Myren said there will still be a revenue neutral rate. He said there is a $7 million
17 increase in debt service to fill, so the question becomes how many pennies would it take to
18 solve this problem. He said in order to get to that amount takes $2,146,587. He said prior to the
19 revaluation, the number was lower, so it took more pennies to generate the same amount of
20 money.
30
1 Commissioner Bedford said she still does not see what revaluation has to do with this.
2 Travis Myren said the revaluation means a penny is worth more than it was last year.
3 Bonnie Hammersley said the property values of the entire county went up.
4 Commissioner Bedford asked if the revenue would be the same since they set a revenue
5 neutral rate.
6 Bonnie Hammersley said the revenue goes down, because not as much revenue is
7 needed to meet the tax rate.
8 Commissioner Bedford asked if the tax rate is usually dropped to keep the revenues the
9 same.
10 Bonnie Hammersley said yes.
11 Commissioner Bedford asked if the county is still on the hook for 4.22 cents.
12 Bonnie Hammersley said yes.
13 Commissioner Dorosin said the county starts with a revenue neutral rate but it can still
14 be increased if it has to be. He said the starting base is changed to be revenue neutral.
15 Chair Price asked if staff is recommending a 4.22 cents increase.
16 Bonnie Hammersley said no, this is just the tax equivalent and staff would talk about this
17 when the operating budget is discussed.
18 Travis Myren resumed the PowerPoint presentation:
19
FY2021-26 Recommended Capital investment Plan
Debt Service to Geneml Fund Revenue PolicyCom0liance
au.d on Recommended CM
OPAo EcxnoC�m,�iY
20
21
22 Commissioner Fowler asked if the board approving this would be allowing the county to
23 go over its policy.
24 Travis Myren said it is good to have a policy, but the biggest concern is that the elected
25 body is aware of where the county is with respect to the policy. He said rating agencies
26 understand there are projects that may cause fluctuations over time, which result in non-
27 compliance with the policy, but it is with the knowledge of the elected body.
28 Commissioner Fowler asked if this would affect Orange County's ratings.
29 Travis Myren said no and these projections have been in place since the debt model
30 existed. He said as long the elected body approved that amount, is aware of it, and there are
31 efforts to come back into compliance in future years.
32 Bonnie Hammersley said the rating agencies are also aware that the county had a $125
33 million bond. She said the county did not go over 15% until the bond referendum passed.
34 Commissioner Bedford referred to page 145 of the CIP, the Active Capital Project
35 Summary. She asked if these are the projects that were approved in the past but are not done
36 yet. She referred to the affordable housing land banking of$2 million, and said it would be
37 helpful to know the balances on these types of items. She said she would like to know when
38 these projects close out, and if doing so impacts the debt forecast. She said she would like to
39 know if any have funds have not been spent and are available to be used.
40 Paul Laughton said most projects are ones that have gone out for debt financing, but
41 some have not, because they are not ready. He said the projects are shown on the page in
31
1 order to remind the board that they are ongoing projects. He said there is no new funding
2 recommended in the next 10 years.
3 Commissioner Bedford said she would like to know about those that have not yet been
4 borrowed, or the balance that may remain.
5 Paul Laughton said $293,000 was shifted from the Land Banking to the Affordable
6 Housing in the first part of issuance of$2.5 million. He said the ones that have not been
7 financed are covered in the debt model.
8 Commissioner Bedford asked if it is anticipated that the county will borrow $2 million in
9 the next five years.
10 Paul Laughton said yes.
11 Commissioner Bedford said it would be good for the housing group to know how much is
12 still available.
13 Chair Price said she thought the money for the projects was promised in prior funding
14 years and could not be touched.
15 Paul Laughton said it is available because the board did an appropriation towards it, so it
16 is in a separate multi-year capital investment project. He said Housing has done some
17 spending off of this, plus staff used $293,000 from the first year. He said there are monies still
18 available that can be used when ready. He said staff would go out for financing when a project
19 is ready, or has been done.
20 Bonnie Hammersley said the funds are not used without board approval. She said if it is
21 used for different purposes, the board has to approve it.
22 Chair Price asked if there is less than $2 million available for land banking.
23 Bonnie Hammersley said there is less.
24 Chair Price said the document should indicate as such.
25 Bonnie Hammersley said staff would work on that.
26 Commissioner Hamilton asked how debt service is affected if the county does not
27 borrow the funds that were budgeted.
28 Paul Laughton said just because it is budgeted, and intended to be financed, the Local
29 Government Commission (LGC) wants bids in hand or construction that has started. He said
30 the LGC wants to have that backup before approving financing of the money. He said the
31 county will not issue debt until bids have gone out or construction has started. He said if the
32 county does incur expenses, it will reimburse itself for those costs when it does the financing.
33 He said it does not hit debt service until it is included in a financing package.
34 Bonnie Hammersley said the debt service is for exactly what has been borrowed.
35 Paul Laughton said the debt models are based on the recommended CIP, and if a
36 project is started in year 3, the debt service will not start until year 4. He said the BOCC reviews
37 the CIP every year, and things get moved around.
38 Travis Myren resumed the PowerPoint presentation:
39
FY2021-26 Recammenaeu cap,lar rrmBslmem Aran
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32
1
2 Travis Myren said the next check-in point will be the joint meeting with the schools. He
3 said there are questions that have come up through the petition process regarding operating
4 and capital projects that may have been affected by federal funding.
5 Bonnie Hammersley reminded the BOCC if there are any amendments to the
6 recommended CIP to send them by email to her and Travis Myren, and they will work with
7 Finance. She said if there are any offsets, which the commissioners want staff to look into
8 taking out, to also let her or Travis Myren know. She said the list of amendments will go online
9 on a daily basis, and all will be able to view what amendments other commissioners are asking
10 for.
11 Commissioner Fowler referred to page 173 of the CIP, and said she thought school and
12 economic development percentage was 50-50. She asked if this had changed.
13 Paul Laughton said nothing has changed with article 40 and 42, and the half cent sales
14 tax has been as General Statute for years. He said this can be used for capital outlay or school
15 debt. He said the Article 46 sales tax was approved by the voters in November 2011, and
16 became effective April 2012. He said board established the 50% for schools and 50% for
17 economic development. He said article 40 and 42 are different than the Article 46 sales tax.
18 Commissioner Fowler said the same page mentions a 60% target for school projects
19 and 40% for county projects. She asked if the county has been sticking to that, and if Durham
20 Tech is included in those school projects or if it is supposed to be K-12.
21 Paul Laughton said it is for school projects, which would be for any education projects,
22 including Durham Tech. He said this would be a 10-year window of trying to stay around the
23 target of 60-40.
24 Commissioner Fowler asked if the county has been staying around that percentage
25 Paul Laughton said yes, or very close to it.
26 Chair Price asked for a brief explanation of the pages after 146.
27 Paul Laughton said these are projects that correspond to page 145, and are ongoing or
28 have not gone out to financing. He said they are active projects that have not been closed out.
29 Chair Price clarified that it does not mean the Link Center will go unaddressed.
30 Paul Laughton said it just means there is no new funding recommended in the CIP for
31 the next five years.
32 Commissioner Bedford said Commissioner Hamilton and Commissioner Fowler may
33 benefit from seeing the format from last year's amendments. She said years ago, the school
34 collaboration discussed the 60/40 split, and there has not been much analysis since then and
35 whether this funding is appropriate. She said at one point county buildings were falling into
36 terrible disrepair and more funds were needed to fix them. She asked if Article 40 was part of
37 the pay as you go for schools.
38 Paul Laughton yes, pay as you go and Article 46 monies have been used. He said in
39 recent years trying to hold to the fund balance at 16% has been challenging.
40 Commissioner Bedford said there was an additional $3 million for school capital that is
41 expiring this year because of the $30 million. She said it has taken the schools six years to
42 spend the bond money, and Chapel Hill-Carrboro schools asked for an extension to spend their
43 portion of the $30 million, so she feels there may not be capacity at the schools to do as much.
44 She said she would like more conversations based on need versus formula, and what people
45 can actually achieve.
46
47 A motion was made by Commissioner Dorosin, seconded by Commissioner Bedford, to
48 adjourn the meeting at 9:58 p.m.
49
50 Roll call ensued
51
33
1 VOTE: UNANMIOUS
2
3
4 Renee Price, Chair
5
6
7 Recorded by Tara May, Deputy Clerk to the Board
8
9 Submitted for approval by Laura Jensen, Clerk to the Board.
Attachment 3
1
1 MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 VIRTUAL LEGISLATIVE BREAKFAST
5 April 19, 2021
6 8:30 a.m.
7
8 The Orange County Board of Commissioners met for a virtual breakfast meeting with the
9 Orange County Legislative Delegation on Monday, April 19, 2021 at 8:30 a.m.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
12 and Commissioners Amy Fowler (arrived at 8:57 a.m.) Sally Greene, Jean Hamilton, and Earl
13 McKee
14 COUNTY COMMISSIONERS ABSENT: Commissioner Mark Dorosin
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren, Clerk to the Board Laura Jensen, and Assistant to Manager for Legislative
18 Affairs Greg Wilder (All other staff members will be identified appropriately below)
19 LEGISLATIVE DELEGATION PRESENT: Representative Verla Insko, Representative Graig
20 Meyer, and Senator Valerie Foushee (arrived at 8:37 a.m.)
21
22 Chair Price called the meeting to order at 8:31 a.m.
23
24 Due to current public health concerns, the Board of Commissioners is conducting a
25 Virtual Legislative Breakfast on April 19, 2021 utilizing Zoom. Members of the Board of
26 Commissioners will be participating in the meeting remotely. As in prior meetings, members of
27 the public will be able to view and listen to the meeting via live streaming video at
28 orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on channels 1301 or
29 97.6 (Spectrum Cable).
30
31 Chair Price said Commissioner Dorosin would be absent from the meeting, and
32 Commissioner Fowler had a schedule conflict and would be in and out of the meeting.
33
34 A roll call of the County Commissioners was taken; all members were present, except
35 Commissioners Dorosin and Fowler.
36
37 Commissioners introduced themselves during roll call and welcomed the
38 Representatives.
39 Chair Price invited the Representatives to introduce themselves.
40 Representative Insko introduced herself as the Representative of House District 56,
41 which covers mostly Chapel Hill and Carrboro in Orange County. She said she used to be a
42 Commissioner, and is familiar with how the Board of County Commissioners works. She said
43 she is on the Health Committee, Health and Human Services Appropriations Committee,
44 Environment, Elections Law, and a couple of other smaller committees that are not meeting.
45 She said she is concentrating on filing bills that will tell voters that Democrats are serious about
46 taking back the majority, the bills that would be passed, and how the State would be different if
47 Democrats were running it.
48 Representative Meyer introduced himself, and said he represents areas in Orange
49 County that are mostly outside of Chapel Hill and Carrboro, as well as Caswell County. He
50 shared a personal story, saying he recently lamented how little fun there has been in the
51 legislature this year, and his mother told him he should run for County Commissioner as maybe
2
1 he could get more done. He said they would all see as they went through the agenda what the
2 Commissioners have the power to do and what the State Legislature has the power to do. He
3 said he wished the latter made it easier for the Commissioners to get things done.
4 Chair Price invited staff to introduce themselves.
5
6 Senator Foushee arrived at 8:37 a.m.
7
8 Bonnie Hammersley welcomed the Representatives and Senator, and extended thanks
9 for being present today and their service to Orange County.
10 Travis Myren introduced himself, and thanked the Representatives and Senator for their
11 participation in the Broadband Task Force meeting last week.
12 John Roberts introduced himself and welcomed the Representatives and Senator.
13 Laura Jensen introduced herself and welcomed the Representatives and Senator.
14 Tara May, Deputy Clerk to the Board introduced herself.
15 Greg Wilder introduced himself and thanked the Representatives and Senator for their
16 service to Orange County.
17 Senator Valerie Foushee introduced herself, and said she served as a County
18 Commissioner for two terms. She said she serves as the Chair of the Senate Democratic
19 Caucus, and in that role is trying to ensure bills are passed that benefit not only North
20 Carolinians in general, but Orange County residents, in particular. She said she has been
21 assigned to the Education Committee and the Commerce and Insurance Committee, and is part
22 of nine committees. She said she is trying to be a voice for Orange County residents and while
23 it is difficult, she continues to push forward the values and ideals the people want and in many
24 cases need.
25 Jim Northrup, Chief Information Officer, provided contact information in case those on
26 the call have any technical issues.
27 Chair Price said everyone should have received a packet with two lists: one is the list of
28 priorities, and the other is a list of interests the Commissioners have accumulated over the past
29 several years. She said many of the concerns are the same, have updates, or are new issues
30 that have emerged with time. She said there would probably only be enough time this morning
31 to discusses the priorities, and a couple of other discussion topics if the Commissioners chose.
32 She said she will ask each Commissioner to introduce a priority issue and the group can
33 discuss as they go.
34 Commissioner Bedford introduced and read the priority on Mental Health:
35 "Seek legislation to develop and fund a plan to reduce the number of people with mental
36 health issues in county jails as well as ensure that adequate State-funded mental health,
37 developmental disability and substance abuse services and facilities are available at the
38 local level, accessible and affordable to all residents and that sufficient state resources
39 fund service provision costs inclusive of sufficient crisis intervention and treatment, and
40 to structure appropriate county participation in governance."
41 She said this includes everything from Medicaid expansion, Medicaid transformation, MCOs,
42 diversion facilities, the Governor's task force with the Criminal Justice System, schools. She
43 said the pandemic has revealed more need, and said if there is something pending in the
44 legislature the Commissioners would like to know the status.
45 Representative Insko said this is a huge issue. She said the Legislature's biggest
46 problem is that so much money has been cut out of the budget, and there are not many options
47 for money to come in. She said President Biden's plan will send some money that may be able
48 to be used for this. She said mental health is gaining more interest on both sides of the aisle,
49 and knows some Republicans that are looking more closely at mental health issues. She said
50 she has been working closely with some Republicans.
3
1 Representative Meyer said there has been a good group of advocates working on
2 involuntary commitments, and also the broader intersection of mental health and policing. He
3 said he was been trying to work with them. He said Representative John Autry has drafted four
4 bills at the request of the advocates, and he is shopping those bills to some of the Republican
5 leaders in the House, but as of now there are no Republican co-sponsors on the bills. He said
6 they will be filed this week, and does think it is possible that at least one of them will be a
7 bipartisan bill.
8 Senator Foushee said there is not much to report on the Senate side. She said the
9 Senate's main focus over the last several years has been Medicaid transformation. She said
10 there is not much happening besides what the Representatives shared. She said there may be
11 some intersection between what is done for school children, as it relates to mental health, but
12 she cannot see anything that expands beyond providing the services that are more needed
13 because of the pandemic. She said there has to be some rectifying and ensuring the services
14 needed at that level are appropriated. She reiterated that anything beyond rolling Medicaid
15 transformation has not come up in the Senate.
16 Representative Insko said she believed there would be a bill to increase Innovation
17 Waiver slots. She said she and Representative Hawkins filed a bill to increase it by 1,000 beds.
18 She said a Republican in the House filed a similar bill. She said there is interest on both sides
19 of the aisle.
20 Commissioner Bedford said within the County there is a Behavioral Health Taskforce
21 looking at the specific issue of a crisis diversion facility, as part of needs that were exposed
22 through Criminal Justice Resource Department. She said this group's work is trying to keep
23 people out of jail and out of the criminal justice system. She said other counties have been able
24 to [cut out due to technical issue].
25 Chair Price said several years ago, the National Association of Counties (NACO) was
26 looking into keeping mental health out of jails and prisons. She said several of the
27 Commissioners have been on tours in the State and across the country to facilities where
28 people never see handcuffs or bars and there is a warm hand off to mental health. She said
29 she visited a facility like that in Wake County.
30 Commissioner Hamilton read the priority on Full Funding of the Leandro Remedial
31 Action Plan:
32 "Support equity and racial justice by fully funding the Leandro Remedial Action Plan,
33 which details additional comprehensive, targeted education funding over the next eight
34 years, predominantly to low-wealth and minority communities, in order for the State to
35 come into compliance with its constitutional obligation to provide every student a sound
36 basic education."
37 She said based on her experience serving three terms on the Chapel Hill-Carrboro City
38 School (CHCCS) Board of Education, the state has not been keeping up with funding needs for
39 public education, especially in the low wealth and minority communities. She said teachers
40 need to be paid more, especially with the stresses of teaching online, but even before that there
41 was insufficient funding for teachers, students, and facilities.
42 Representative Insko said every time this issue goes to court it wins, but nothing
43 happens. She said the last ruling was that the state needed to put in $8 billion a year for eight
44 years. She asked and Commissioners with a law background to share what else they thought
45 could be done. She said Democrats taking the majority would help, but besides that was
46 unsure.
47 Commissioner Greene said this presents a question of separation of powers, and if the
48 legislature or the courts have authority over the other. She said ultimately they need to change
49 the composition of the legislature as Representative Insko said.
50 Representative Meyer said Commissioner Dorosin is one of the litigants in the current
51 case, and he has been coordinating with him on legislation strategy and litigation strategy. He
4
1 said there was a debate in the House last week on the expansion of school vouchers, and it
2 was used as a strategy to get Republicans on the record mischaracterizing the Constitutional
3 obligation to support sound basic education for every child as it refers to funding private
4 schools, and made the argument that they are trying to achieve the obligation through school
5 vouchers. He said this is all part of a long term strategy of what Commissioner Greene said to
6 show the Legislature is not meeting its obligation, and the Courts should take additional action if
7 and when the legislature does not fully fund it. He said there is a full funding bill being filed and
8 the Governor's budget has been filed and is aggressive on school funding, but it is going to be
9 about what is in the budget negotiations this year, and if the amount recommended meets the
10 court's expectations. He said if it does not, that is why he and other Representatives are trying
11 to work with the litigators to ensure the groundwork is there for them to continue to press the
12 court for action.
13 Senator Foushee said the Senate has been introducing a number of bills that get at
14 funding, and specific aspects of the decision, but getting the bills heard will be no small feat.
15 She said the other thing that hurt was the judge said the court did not mandate what the funding
16 should be because the court cannot do that, but he hoped the legislature would do the right
17 thing and act with a sense of urgency. She said short of changing the leadership by changing
18 the results of the elections, Democrats would not be successful in these efforts.
19 Representative Insko said she believes the Republicans' goal is to transfer public
20 schools to the private sector. She said the per pupil allocation in public schools is $9,000 and
21 $8,000 are being put into the vouchers, which is $1,000 less than what is being spent in public
22 schools. She said there was a lot of talk on the needs of students, not the need of public
23 education. She said the argument is the needs are filled through the private school system
24 rather than the public school system.
25
26 Commissioner Fowler arrived at 8:57 a.m.
27
28 Commissioner McKee read the priority on Broadband/Digital Infrastructure:
29 "Support legislation, funding, and other efforts that provide counties with flexibility and
30 opportunities to support options for increasing access to high-speed internet connectivity
31 and expanding digital infrastructure/broadband capability to the un-served and under-
32 served areas of the state. Access to high speed internet connections will reduce
33 disparities, enhance quality of life for all the State's residents, and broaden opportunities
34 in areas such as education, jobs creation, small business development, health care,
35 civic participation, and growth in farm enterprises."
36 He said the lack of infrastructure and connectivity has become a critical issue and a social
37 justice issue. He said he, and many others, fear that over last year we have reached a
38 crossroads where access to broadband is a requirement. He said he is aware there is some
39 funding that is going to be available to the County. He said Orange County has committed to
40 doing this by forming a Broadband Taskforce. He said more needs to be done than just
41 increasing; it needs to be built out.
42 Representative Meyer said he had a great meeting with the Broadband Taskforce
43 recently and the biggest thing the Commissioners should know is there will be a major
44 announcement from Governor Cooper on this this week or next week.
45 Commissioner Greene thanked Representative Meyer for bringing in his Republican
46 colleague from Union County to the Broadband Taskforce meeting.
47 Senator Foushee said there are bills that were promoted by the North Carolina
48 Association of County Commissioners (NCACC). She said she will push forward Senate Bill
49 689, which will expand County Broadband authority so they can use vertical assets, make
50 grants to providers that are willing to provide service in underserved areas. She said Senate Bill
51 582 provides funding for homes to access Broadband when it is available. She said both of
5
1 those bills are bipartisan bills and hopefully there will be some movement in conjunction with
2 what the Governor is announcing.
3 Commissioner McKee said he is pleased to hear that there is some movement on the
4 previous restrictions that prevented counties' ability to move forward. He said he does not think
5 all restrictions will be lifted, but some adjustments are critical to make it work.
6 Senator Foushee said the one drawback on Senate Bill 689 is the language needs to be
7 changed such that co-ops are held harmless. She said the way the bill is written now, they
8 would lose in terms of having to replace vertical assets as necessary.
9 Chair Price said this has been the number one priority for past several years for the
10 State and National Associations of Counties, particularly in rural areas.
11
12 Commissioner Fowler left the meeting at 9:03 a.m.
13
14 Commissioner Greene read the priority on Minimum Wage Increase:
15 "Support legislation to raise the minimum wage to at least $15 per hour for all, not just
16 employees of the State of North Carolina, to enhance people's economic security,
17 improve access to safe and secure housing, boost the economy with increased
18 spending, decrease dependence on government assistance programs, and improve the
19 lives of families."
20
21 Representative Insko said there are many bills being filed to address this. She said she
22 is interested in getting some information on the change in the low-income group in poverty, and
23 showing that this group is increasing, and the money is continuing to go to the top, and what it is
24 doing to society.
25 Commissioner McKee said he considers this more critical than he did in the past. He
26 said during his 50 years of working life, he never had a job where he received an actual regular
27 paycheck, until three years ago. He said he was shocked to realize it would have been hard to
28 live a normal lifestyle on the paycheck he received, and it was not a minimum wage paycheck.
29 He said it was shocking to see how the majority of other people live. He said he had income,
30 but did not receive it every week, or every other week, or every month. He said it brought home
31 to him the reality of the majority of the people in the County, State, and Country who are living
32 paycheck to paycheck.
33 Commissioner Greene read the priority on Protection of Civil Rights for Transgender
34 Persons:
35 "Oppose any legislation that limits equal rights for transgender persons or otherwise
36 discriminates against them, including in the areas of healthcare and sports."
37
38 Senator Foushee said she would oppose Bills 358, 514, 515.
39 Representative Insko said she was appalled, and said the Republican Party was
40 supposed to be the party of individual liberties.
41
42 Commissioner Fowler arrived at 9:08 a.m.
43
44 Chair Price read the priority on Racial Equity in Criminal Justice:
45 "Support the recommendations of the North Carolina Task Force for Racial Equity in
46 Criminal Justice (TREC), and specifically legislation to legalize the possession and use
47 of marijuana and permit licensed businesses to engage in retail sales to adults, and this
48 decriminalization will in turn broaden the agricultural economy and jobs as well as
49 enhance revenue for governments with taxes, licenses, and other associated revenues
50 that can be utilized to address opioid and other drug-related problems and other needs."
51
6
1 She said the numbers of people who are incarcerated because of possession of marijuana are
2 overwhelmingly Black, Indigenous, and people of color. She said it goes back to 100 years ago
3 when marijuana was decided to be an illegal substance because too many Black and white
4 people were coming together to smoke. She said it is a very unjust system, so Commissioners
5 are putting this forward. She also said there are some farmers that would like to be able to
6 make some money from the crop.
7 Senator Foushee said Senate Bill 646 does all of those things.
8 Representative Meyer said there was a House companion to that bill. He said Chair
9 Price was right about famers, and he hears more about this in Caswell County than Orange
10 County.
11 Representative Insko said she agrees, and would like to see something like the ABC
12 system for marijuana. She said North Carolina has one of the lowest teen alcoholism rates in
13 the nation and gives credit to ABC system for that, and she wants to be careful about teens and
14 marijuana. She said the State needs the tax money, and she would like to see that money
15 come in.
16 Commissioner Fowler said as a pediatrician she does not support marijuana use, but
17 supports the bill of decriminalizing and legalizing it because of the reasons stated. She said
18 regulation is important because the way some people use marijuana through vaping is
19 incredibly dangerous.
20 Commissioner Fowler read the priority on Flexible Billing for Water and Sewer:
21 "Support legislation allowing local governments and other water and sewer providers to
22 implement flexible billing practices to establish pricing policies, potential waivers and
23 debt forgiveness opportunities to assist impacted customers."
24 She said this issue has become really important with the pandemic.
25 Chair Price said Representative Insko has been working on this issue.
26 Representative Insko said the bill has been filed, and was so popular that everyone
27 wants to be part of it. She said the new bill extends it to all public water agencies, so cities and
28 counties would also have the authority to do this. She said it is a good idea to get grants, but
29 the more popular it gets, the more competition there will be in getting those grants. She said she
30 thinks the bill will pass, and it is ready to be heard in Committee now.
31
32 Commissioner Fowler left the meeting at 9:13 a.m.
33
34 Chair Price indicated the Board was done presenting its priorities, and asked if there
35 were any questions on other issues listed.
36 Representative Insko said abolishing the State death penalty was important, and asked
37 Representative Meyer if a bill had been introduced in the House this year.
38 Representative Meyer said he was the sponsor of that bill in the House in previous years
39 but passed it along to Representative Vernetta Alston from Durham because she has been a
40 death penalty litigator. He said he is not sure if she introduced the bill yet or not.
41 Senator Foushee said she liked the issue of legislative leadership term limits. She asked
42 if a Commissioner would like to talk about it.
43 Chair Price said she did not vote for it so someone else would have to speak on it.
44 Commissioner McKee said he does not think it is a bad idea, but the question would be
45 how many terms.
46 Senator Foushee said she is not opposed to it, just thought it was interesting.
47 Chair Price said she knows in other states there are term limits, but she did not want to
48 let the Representatives from Orange County go.
49 Representative Insko clarified that the issue mentioned leadership positions, which
50 would apply to Representative Moore.
7
1 Commissioner Greene said she wanted to mention an issue that came up at the Transit
2 Policy Advisory Committee last week. She said the state maintenance assistance program and
3 rural operating program money has be en eliminated. She said the impact of that in the current
4 year was $6 million to Chapel Hill and Durham. She said the money is vital and ends up having
5 to be replaced through limited capital budgets. She said she has a statement calling for the
6 General Assembly to fully restore the public transportation budget in those two funds. She said
7 she would appreciate any comments.
8 Representative Meyer said the transit folks have been in touch since it happened. He
9 said this will be revisited during this year's budget discussion. He said he is unsure if the
10 Governor's budget team is proposing to address this through ARP funds or state funds. He said
11 it would be better for it to be funded with state funds because it can go back to recurring
12 funding.
13 Senator Foushee said Senator Murdock is working on this on the Senate side.
14 Commissioner Bedford asked if there would be any work across the aisle in developing
15 the budget, or if Democrats would be shut out after Governor proposes the budget and the
16 school increases.
17 Senator Foushee said there is already some change, but she is not sure how effective it
18 is going to be. She said she represents the Senate Democratic Caucus in the budget
19 discussions, and Representative Adcock was also part of initial discussions. She said she has
20 been invited to several of those meetings. She said even though there is a Representative and
21 herself in those discussions, she thinks the way Senator Berger is framing how the process
22 moves forward, particularly with a cap on what the spend number will be, what will be
23 considered for recurring or one time funding through ARP allocations, there is going to be a trick
24 some way where the discussions will only go so far. She said she hates to be pessimistic, but
25 is leery about what influence Democrats will have, and the process being any different than it
26 has been before.
27 Representative Insko said the Democrats are getting public overtures, but in private will
28 have no impact on the budget. She said there does seem to be in an interest in a public
29 collaboration, but it will be a miss when it comes to the money.
30 Representative Meyer said in the end it will be Senator Berger and Governor Cooper.
31 Senator Foushee said Speaker Moore and Senator Berger want a budget that the
32 Governor will sign.
33 Representative Insko said she thinks they want a budget they can run on in 2022.
34 Senator Foushee said the Governor not signing the budget would mean the legislature
35 has failed to do its duty. She said she believes the Senate Democrats will sustain a veto if they
36 believe it is in the best interest of the state, and Senator Berger knows that. She said she
37 believes they want a budget that the Governor will sign and believes the Senate will work
38 towards that effort.
39 Chair Price brought attention to issue #52 on evictions, which came from the Department
40 of Human Rights and Relations. She said this asks the Representatives and Senator to support
41 legislation that would remove an eviction from a tenant's credit record because it tends to follow
42 them. She said even during the pandemic, when a lot of work has been done to avoid evictions
43 with the Eviction Diversion Program, it is something that has been a problem and it has gotten
44 worse and can go from bad to worse when the moratoria is ended. She having this on a credit
45 report really hurts families and communities.
46 Representative Insko said she would pass this around to people who are working on
47 criminal law, to see if it could be amended to a bill, because the filing period has passed. She
48 said she would do that.
49 Chair Price asked if the timing for this meeting should change in the future, because as
50 Representative Insko said, the filing period is over. She said the Board has talked about
8
1 starting its process earlier. She asked if there is a better time to meet with the Representatives
2 and Senator next year.
3 Representative Insko said the primary will most likely not be until May next year because
4 of the Census. She said the sooner, the better, especially in a long session.
5 Chair Price asked if January would be good.
6 Representative Insko said she the legislature will not be in session in January next year,
7 and believes they will not be back in session until after primary in May, but noted this is her
8 assumption.
9 Representative Meyer said in a long session year like this year, it would be better to
10 have this meeting earlier in the year. He said in a short session year, this time is probably fine,
11 somewhere around mid-April. He said next year is a short session year.
12 Senator Foushee said February in long session year, and April is fine for a short session
13 year. She said the Senate's bill filing deadline is two weeks earlier than the House.
14 Commissioner Bedford asked if the Senate was going to crush the school calendar
15 changes.
16 Senator Foushee said she does not see the Senate making any headway, but she files
17 the bills every year.
18 Commissioner Bedford asked as things are happening on short timelines with
19 amendments to bills, what is the best way for Commissioners to effectively communicate with
20 Representatives and Senator and what to tell residents of Orange County.
21 All members of the Legislature said email is preferred because it is a written record.
22
23 A motion was made by Commissioner McKee, seconded by Commissioner Greene, to
24 adjourn the meeting at 9:29 a.m.
25
26 Roll call ensued.
27
28 VOTE: UNANMIOUS
29
30
31 2021 Orange County Priority Legislative Issues
32
33 Mental Health — Seek legislation to develop and fund a plan to reduce the number of people
34 with mental health issues in county jails as well as ensure that adequate State-funded mental
35 health, developmental disability and substance abuse services and facilities are available at the
36 local level, accessible and affordable to all residents and that sufficient state resources fund
37 service provision costs inclusive of sufficient crisis intervention and treatment, and to structure
38 appropriate county participation in governance.
39
40 Racial Equity in Criminal Justice — Support the recommendations of the North Carolina Task
41 Force for Racial Equity in Criminal Justice (TREC), and specifically legislation to legalize the
42 possession and use of marijuana and permit licensed businesses to engage in retail sales to
43 adults, and this decriminalization will in turn broaden the agricultural economy and jobs as well
44 as enhance revenue for governments with taxes, licenses, and other associated revenues that
45 can be utilized to address opioid and other drug-related problems and other needs.
46
47 Full Funding of the Leandro Remedial Action Plan — Support equity and racial justice by fully
48 funding the Leandro Remedial Action Plan, which details additional comprehensive, targeted
49 education funding over the next eight years, predominantly to low-wealth and minority
50 communities, in order for the State to come into compliance with its constitutional obligation to
51 provide every student a sound basic education.
9
1
2 Broadband/Digital Infrastructure— Support legislation, funding, and other efforts that provide
3 counties with flexibility and opportunities to support options for increasing access to high-speed
4 internet connectivity and expanding digital infrastructure/broadband capability to the un-served
5 and under-served areas of the state. Access to high speed internet connections will reduce
6 disparities, enhance quality of life for all the State's residents, and broaden opportunities in
7 areas such as education,jobs creation, small business development, health care, civic
8 participation, and growth in farm enterprises.
9
10 Protection of Civil Rights for Transgender Persons — Oppose any legislation that limits
11 equal rights for transgender persons or otherwise discriminates against them, including in the
12 areas of healthcare and sports.
13
14 Minimum Wage Increase — Support legislation to raise the minimum wage to at least $15 per
15 hour for all, not just employees of the State of North Carolina, to enhance people's economic
16 security, improve access to safe and secure housing, boost the economy with increased
17 spending, decrease dependence on government assistance programs, and improve the lives of
18 families.
19
20 Flexible Billing Options for Water& Sewer Utility Providers— Support legislation allowing
21 local governments and other water and sewer providers to implement flexible billing practices to
22 establish pricing policies, potential waivers and debt forgiveness opportunities to assist
23 impacted customers.
24
25 Other 2021 Orange County Legislative Interests (italics denote priority issues)
26
27 Health and Human Services
28
29 1) Mental Health— Seek legislation to develop and fund a plan to reduce the
30 number of people with mental health issues in county jails as well as ensure that
31 adequate State-funded mental health, developmental disability and substance
32 abuse services and facilities are available at the local level, accessible and
33 affordable to all residents and that sufficient state resources fund service provision
34 costs inclusive of sufficient crisis intervention and treatment, and to structure
35 appropriate county participation in governance;
36
37 2) Behavioral Health Services — Support increased state funding for behavioral health
38 services and facilities at the state and local level, including dedicated resources
39 for community paramedicine projects. Support Medicaid reimbursement to EMS for
40 behavioral health transport to crisis centers and structure appropriate county
41 participation in behavioral health program governance;
42
43 3) Child Care— Seek legislation to reverse changes made to the childcare subsidy
44 program available to working families, including establishing eligibility for all children at
45 200% of the federal poverty level, to help many working parents who are trying to
46 become more financial self-sufficient, and to prorate fees for children attending based
47 on the hours attended;
48
49 4) OOpioid Epidemic Efforts — Support adequate funding for diversionary facilities and
50 programs to provide and expand access for individuals with opioid use disorder
10
1 to seek and complete treatment, and sustain recovery, as well as increased funding
2 to collect data regarding opioid overdoses and to provide for additional law
3 enforcement to investigate and enforce drug laws;
4
5 5) Crime Intervention Services — Support legislation and state funding to provide early
6 intervention services through the Juvenile Crime Prevention Councils, and support
7 increased state funding for the prevention, intervention and treatment of adolescent
8 substance abuse, gang involvement and domestic violence;
9
10 6) Adult Protective Services— Support increased funding and legislation to strengthen
11 adult protective services;
12
13 7) Increase Access to Medicaid — Support legislation to increase access to the
14 Medicaid program to make health insurance available to North Carolina residents at
15 138% of the poverty level and as additional support for rural hospitals;
16
17 Justice & Law Enforcement
18
19 8) Racial Equity in Criminal Justice— Support the recommendations of the North Carolina
20 Task Force for Racial Equity in Criminal Justice (TREC), and specifically legislation to
21 legalize the possession and use of marijuana and permit licensed businesses to
22 engage in retail sales to adults, and this decriminalization will in turn broaden the
23 agricultural economy and jobs as well as enhance revenue for governments with
24 taxes, licenses, and other associated revenues that can be utilized to address opioid
25 and other drug-related problems and other needs;
26
27 9) Abolish State Death Penalty— Support legislation to abolish the State of North
28 Carolina's death penalty;
29
30 10) Bail Reform — Support legislation to develop and fund a plan to help reduce
31 unnecessary arrests by expanding the use of citations or summons, replace money
32 bail with non-financial, least restrictive conditions, restrict detention to the small
33 number of people for whom no condition or combination of conditions can reasonably
34 assure appearance in court and public safety, and reduce disparity within the pretrial
35 justice system. Currently, indigent or poor people charged with crimes are often
36 unable to get out of jail prior to trial because of their inability to pay;
37
38 11) Legislative Study on Educational Requirements for Law Enforcement Officers —
39 Support legislation to establish a legislative study commission to review the current
40 educational curriculum for law enforcement officers and make recommendations
41 regarding potential modifications/additions. The overarching purpose of curriculum
42 revision would be to instill in future LEOs some depth of understanding of the complex
43 nature of the society they will serve. Potential topics for consideration include
44 sociology, American history and literature, psychology, philosophy, and conflict
45 resolution. In addition to members of the Senate and House, members should include
46 a diverse array of experts in law enforcement and criminal justice education; also in
47 higher education, specialists in the humanities/social science subject matter listed
48 above;
49
11
1 12) County Jail System/Housing State Inmates Reimbursement— Support legislation to
2 protect the fiscal viability of the county jail system by reinstating reimbursement for
3 state inmates housed in county jails sentenced to 90 days or less;
4
5 13) Concealed Weapons in Parks—Seek legislation re-authorizing counties to fully
6 regulate the carrying of concealed weapons on county-owned playgrounds and in
7 county-owned parklands and authorize counties to prohibit the carrying of concealed
8 weapons on county and county funded college/university campuses, in addition to
9 playgrounds;
10
11 14) Court Funding — Support increased state funding for NC courts, including reinstating
12 funding for drug treatment court;
13
14 15) Local Government Funding for Law Enforcement— Oppose Senate Bill 100 and any
15 other similar legislation that is designed to limit local government control of local law
16 enforcement funding decisions or practices, or that financially or otherwise penalizes
17 local governments based on local law enforcement funding decisions or practices;
18
19 16) Red Flag Law—Support legislation allowing courts to prevent individuals who show
20 signs of being a danger to themselves or to others from having access to firearms.
21 Mental illness, escalating threats, substance abuse and domestic violence are among
22 the circumstances in which a judge should have the authority to order weapon
23 restrictions or surrender;
24
25 Education
26
27 17) Full Funding of the Leandro Remedial Action Plan— Support equity and racial justice
28 by fully funding the Leandro Remedial Action Plan, which details additional
29 comprehensive, targeted education funding over the next eight years, predominantly
30 to low-wealth and minority communities, in order for the State to come into compliance
31 with its constitutional obligation to provide every student a sound basic education;
32
33 18) Priority School Issues — Support legislation to address the following issues related to
34 schools:
35
36 a) Provide local school systems with calendar flexibility;
37 b) Provide full funding for State allotments including Average Daily Membership (ADM)
38 growth and infrastructure/capital, and support legislation to provide for an overall
39 increase in funding based on average daily memberships outside of the current
40 formula system;
41 c) a periodic accounting process for State per pupil funds so that funds and pro-rated
42 funds follow students to their respective schools, as opposed to the current process
43 that only considers State funding allocations based on students' attendance
44 location on a single day during the school year;
45 d) Impose class size reductions commensurate with State funding for staffing; and
46 e) Maintain full funding for Driver Education;
47
48 19) Maternity/Paternity Leave and Benefits for School Employees— Support legislation
49 which provides State coverage for maternity/paternity leave for all local school system
50 employees that is similar to the coverage the State already provides to all other State
51 employees; support legislation for the State to provide two (2) paid FMLA days to local
12
1 school system employees; and oppose any legislation shifting the State's existing
2 responsibility for employee benefits to local school boards and local governments;
3
4 20) School Impact Fee Authority— Support legislation authorizing all North Carolina local
5 government jurisdictions providing funding for public education to levy impact fees on
6 new residential development to help pay for school construction. The North Carolina
7 General Assembly approved legislation in the 1980's for some jurisdictions to levy
8 these impact fees to support public school infrastructure. The authority to levy the fee
9 to support school facility needs should be available to all local government
10 jurisdictions providing funding for public education;
11
12 21) Smart Start and NC Pre-K— Support legislation to increase and ensure secure and
13 stable funding, enhanced quality early care and education, and family access and
14 benefits in settings public and private;
15
16 22) State/County Partnership for Education — Seek legislation to establish a new state-
17 county partnership to address statewide public school capital challenges—including
18 but not limited to maintenance, renovation, construction and debt—through a
19 dedicated, stable funding stream that is consistent from county to county and sufficient
20 to meet the school facility needs of all 100 counties;
21
22 23) Private School Voucher Funding — Oppose House Bill 32 and any other legislation
23 expanding funding, eligibility, or availability of private school vouchers, which reduces
24 available funding for public education statewide, encourages students to leave public
25 education, and diminishes services and educational opportunities for all remaining
26 public school students;
27
28 24) Virtual Charter School Expansion/Funding — Oppose any legislation expanding or
29 providing additional funding to the State's current virtual charter school program based
30 on its poor performance, failure to meet the needs of students, and the resulting
31 negative impact on funding for public education statewide;
32
33 General Government
34
35 25) Broadband/Digital Infrastructure— Support legislation, funding, and other efforts that
36 provide counties with flexibility and opportunities to support options for increasing
37 access to high-speed internet connectivity and expanding digital
38 infrastructure/broadband capability to the un-served and under-served areas of the
39 state. Access to high speed internet connections will reduce disparities, enhance
40 quality of life for all the State's residents, and broaden opportunities in areas such as
41 education,jobs creation, small business development, health care, civic participation,
42 and growth in farm enterprises;
43
44 26) Repeal of the Monument Protection Act— Support legislation that repeals the (so-
45 called) Monument Protection Act which was enacted to protect confederate
46 monuments and symbols in the wake of the murders of nine African Americans in
47 South Carolina in 2015, and that restores the regulation of monuments or symbols on
48 public property to local governments;
49
13
1 27) Legislative Leadership Term Limit— Support legislation that limits the length of time a
2 North Carolina General Assembly member can serve in the same leadership position
3 to eight consecutive years;
4
5 28) Non-Partisan Redistricting Process for Elections— Support legislation to establish a
6 process for an independent, non-partisan redistricting process after each United
7 States Census for the election of representatives from North Carolina to the United
8 States House of Representatives, the North Carolina House, and the North Carolina
9 Senate;
10
11 29) Voter Registration and Voting — Support legislation to expand access to and
12 participation in voting, including early voting, Saturday voting, automatic voter
13 registration, pre-registration of 16 and 17 year olds, mail-in voting, and by making
14 Election Day a State holiday;
15
16 30) Expansion of Protected Classes — Seek statewide legislative action to provide all
17 North Carolina local governments with the authority to include sexual orientation and
18 gender identity as protected classes in order to protect these classes from
19 discrimination and discriminatory practices; and authorize complaints for
20 discrimination to be brought in North Carolina Courts by any Equal Employment
21 Opportunity Commission recognized protected class;
22
23 31) Protection of Civil Rights for Trans-gender Persons— Oppose any legislation that limits
24 equal rights for transgender persons or otherwise discriminates against them,
25 including in the areas of healthcare and sports;
26
27 Economic Development
28
29 32) Minimum Wage Increase— Support legislation to raise the minimum wage to at least
30 $15 per hour for all, not just employees of the State of North Carolina, to enhance
31 people's economic security, improve access to safe and secure housing, boost the
32 economy with increased spending, decrease dependence on government assistance
33 programs, and improve the lives of families;
34
35 33) Agricultural Economic Development— Support state funding and staffing for
36 agricultural research, Cooperative Extension services and other agriculture-related
37 efforts to support the largest economic driver in North Carolina;
38
39 34) Economic Development Efforts— Support legislation to grow North Carolina's
40 statewide economy through sound state investments, including public infrastructure
41 funding, competitive incentives, and coordinated efforts with county economic
42 development services;
43
44 Revenue & Tax
45
46 35) Revenue Options for Local Government— Support efforts to preserve and expand the
47 existing local revenue base of counties and authorize local option revenue sources
48 already given to any other jurisdiction to all counties. Oppose efforts to divert to the
49 state fees or taxes currently allocated to the counties or to erode existing county
50 revenue streams;
51
14
1 36) Re-instatement of Earned Income Tax Credit— Support legislation to re-instate the
2 State Earned Income Tax Credit which greatly benefitted low wage earners until its
3 elimination after the 2013 tax year;
4
5 37) Homestead Exemption — Support revisions to the Homestead Exemption provisions of
6 the Machinery Act to:
7 a) provide greater opportunities for low-income seniors to remain in their homes and
8 not be displaced due to property tax burdens by approving a one-time ten percent
9 (10%) increase in the base income qualification standard; and maintaining the
10 current provisions which increase the income qualification standard each year
11 based on any cost-of-living adjustment made to the benefits under Titles II and XVI
12 of the Social Security Act for the preceding calendar year; and
13 b) diminish the discriminatory features of the current exemption provisions relating to
14 married couples by establishing graduated income qualification standards for single
15 individuals versus married couples;
16
17 38) Sales Tax Distribution Formula — Support legislation directing that all sales tax be
18 distributed on a per capita basis as it is fair and more equitable for counties with less
19 economic development as compared to the point of delivery basis. The UNC School of
20 Government has indicated that a per capita basis tax "would indeed be a more even
21 distribution of LOST revenue across the state";
22
23 39) Machinery Act— Support local governments' need for more flexibility to remedy
24 measurement and/or condition property appraisal errors related to local property tax
25 functions. North Carolina property tax law substantially limits the ability of local
26 governments to address property tax discrepancies, such as prohibiting the refund of
27 prior years' taxes paid after a measurement and/or condition property appraisal error
28 is discovered. Just as local governments can recoup prior years' property taxes from
29 owners for"discoveries", local governments should likewise be authorized to refund
30 prior years' taxes paid when situations such as measurement and/or condition
31 property appraisal errors are discovered;
32
33 40) Agriculture — Support Conservation of Working Lands and Farmland Preservation —
34 Support a revision to the revenue and acreage requirements of the Use Value
35 Program to reduce acreage requirements, balanced by increasing the income
36 threshold;
37
38 Planning & Environment
39
40 41) Bona Fide Farm Use — Support legislation clarifying that the farm use and agriculture
41 exemption of 153A-340 that restricts local zoning authority applies only to property on
42 which the production of crops or livestock is the primary use. Clarify that marketing
43 and agri-tourism activities must be secondary uses of the property and do not qualify
44 for the exemption in the absence of the production of crops or livestock;
45
46 42) Renewable Energy— Support renewable energy initiatives available to residential,
47 commercial, industrial and agricultural activities to create a market for energy credits.
48 This support will provide incentives to produce renewable energy, which will become
49 increasingly important to preserving and strengthening the economy and
50 infrastructure, and in the case of agriculture help maintain rural heritage and culture;
51
15
1 43) Eminent Domain — Oppose adding language to a constitutional amendment on
2 eminent domain that extends any further preemption of county authority to regulate
3 the placement of telecommunication towers;
4
5 44) Fees-In-Lieu — NCDOT as Additional Recipient— Support legislation amending North
6 Carolina General Statute 153A-331 to add a provision allowing counties to transfer
7 fees collected as part of subdivision development, and in lieu of required street
8 construction, to be transferred to and held by the North Carolina Department of
9 Transportation (NCDOT) for the future construction of roads intended to be added to
10 the State Maintained system. Presently there is no mechanism where a county can
11 collect fees in lieu of transportation improvement construction based on conditions
12 agreed to by both parties during a conditional zoning process. These fees may be for
13 a developer fair share of a future comprehensive intersection improvement but would
14 not be built by NCDOT until other funding could be assigned to do a complete
15 improvement;
16
17 45) Land, Water and Agricultural Preservation Funding— Support Park, Agricultural
18 Preservation, Clean Water Management and other existing trust funds established for
19 the protection of the State's land, water, biological resources, agriculture, and special
20 places before they are irreversibly lost, and request that these funds receive additional
21 funding, preferably through dedicated funding sources;
22
23 46) Oppose any shift of state transportation responsibilities to counties— Oppose
24 legislation to shift the state's responsibility for funding transportation construction and
25 maintenance projects to counties. Counties cannot afford to assume costs for
26 maintaining secondary roads and/or funding expansion projects;
27
28 47) Transportation Funding — Support increased state funding for transportation
29 construction and maintenance needs, recognize Bike and Pedestrian modes of
30 transportation, and support legislation to ensure that the STI funding formula
31 recognizes that one size does not fit all and that projects in both rural and urban areas
32 are prioritized and funded, and eliminate the cap on light rail funding;
33
34 48) Aquatic Vegetation Control — Support legislation to provide for and fund a
35 comprehensive statewide approach to noxious aquatic vegetation control in public
36 water reservoirs;
37
38 Solid Waste
39
40 49) Maintain Local Government Authority over Solid Waste Management— Oppose any
41 shift of solid waste management and recycling services away from local governments;
42
43 50) Recycling — Support legislation to provide additional funding to local governments for
44 recycling to cover significant increased costs for recycling these materials, especially
45 for electronics, and to oppose the lifting of restrictions on disposal of electronics in
46 landfills;
47
48 Other Interests
49
50 51) Flexible Billing Options for Water& Sewer Utility Providers— Support legislation
51 allowing local governments and other water and sewer providers to implement flexible
16
1 billing practices to establish pricing policies, potential waivers and debt forgiveness
2 opportunities to assist impacted customers;
3
4 52) Evictions Information Detailed in Credit Reports— Support legislation that would
5 remove an eviction from a tenant's credit report (1) that occurred "as a result" of the
6 pandemic during the period covered by the Governor's State of Emergency
7 Declaration; and (2) after having been on their credit report for three years;
8
9 53) Food Resiliency and Supply Chain Initiatives — Support food resiliency and supply
10 chain initiatives and funding for equipment, supplies, and other nonrecurring expenses
11 based on the urgency and need created by the COVID pandemic. The average food
12 insecurity rate across North Carolina counties is 14 percent, with that rate projected to
13 rise to 19.3 percent due to the COVID pandemic, and from 19.3 percent to 28 percent
14 for children. A more secure and resilient supply chain will benefit residents and better
15 prepare the State for emergencies that adversely impact the State's food supply;
16
17 54) E-911 Funds— Support protection and broader applications of the NC 9-1-1 Fund to
18 be used primarily for assuring that 9-1-1 systems are able to upgrade existing
19 performance levels in order to pay for 9-1-1 operations or 9-1-1 related upgrades such
20 as the infrastructure needed to migrate to next-generation (NG911) technology.
21 Orange County has appreciated past efforts and supports future initiatives to assure
22 our residents are provided continued access to emergency services from all sources;
23 and
24
25 55) Dangerous Dogs Determinations — Support legislation to amend the NC Dangerous
26 Dog Law to allow dangerous-dog declarations to be revoked after a period of time,
27 and when there is substantial justification for doing so, in order that a dog does not
28 needlessly live its entire life with restrictions such as being muzzled. Orange County's
29 ordinance includes this language, but that consideration is meaningless without a
30 parallel provision within State law.
31
32
33 Renee Price, Chair
34
35
36 Recorded by Tara May, Deputy Clerk to the Board
37
38 Submitted for approval by Laura Jensen, Clerk to the Board.