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Agenda 01-18-22; 8-a - Minutes
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 18, 2022 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: November 16, 2021 Virtual Business Meeting Attachment 2: December 6, 2021 Virtual Business Meeting Attachment 3: December 14, 2021 Virtual Business Meeting FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board approve minutes as presented or as amended. Attachment 1 1 1 MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 VIRTUAL BUSINESS MEETING 5 November 16, 2021 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, 9 November 16, 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, Sally Greene, Earl McKee, and Anna 13 Richards 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. 23 24 Due to current public health concerns, the Board of Commissioners is conducting a Virtual 25 Business Meeting on Tuesday, November 16, 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 Chair Price dispensed with reading the public charge. 39 40 Public Charge: 41 The Board of Commissioners pledges its respect to all present. The Board asks those attending 42 this meeting to conduct themselves in a respectful, courteous manner toward each other, county 43 staff and the commissioners. At any time should a member of the Board or the public fail to 44 observe this charge, the Chair will take steps to restore order and decorum. Should it become 45 impossible to restore order and continue the meeting, the Chair will recess the meeting until 46 such time that a genuine commitment to this public charge is observed. The BOCC asks that all 47 electronic devices such as cell phones, pagers, and computers should please be turned off or 48 set to silent/vibrate. Please be kind to everyone. 49 50 2 1 1. Additions or Changes to the Agenda 2 None 3 4 2. Public Comments 5 6 a. Matters not on the Printed Agenda 7 None 8 9 b. Matters on the Printed Agenda 10 (These matters will be considered when the Board addresses that item on the agenda 11 below.) 12 13 3. Announcements, Petitions and Comments by Board Members 14 Commissioner Greene said she hoped to take a hot air balloon ride above Orange 15 County on November 7th as part of first Annual Balloon Festival hosted by Lloyd's Dairy Farm, 16 but was unable to do so, due to bad weather. She said on Friday night she joined Chair Price at 17 the Justice Advisory Council meeting, where she gave a presentation on the national opioid 18 settlement and how the money will flow to Orange County. She said stakeholders talked in 19 detail about the problem in Orange County and various ways to use the money. She said it was 20 a good discussion and the providers had a lot to say. 21 Chair Price said there will be more discussion on the National Opioid Settlement later on 22 the agenda. 23 Commissioner McKee said he has no announcements tonight. 24 Commissioner Richards said she was in attendance with several other commissioners at 25 the Veteran's Day commemoration, and was able to see the progress on the monument. She 26 said on Friday, she attended a meeting of the Triangle Trails organization on behalf of Chair 27 Price and will submit notes to her. She said it was a fall meeting of commissioners from the 28 region, and she learned a great deal about the work going on to connect trails across North 29 Carolina. She said she subsequently had a great conversation with Department of 30 Environment, Agriculture, and Park and Recreation (DEAPR) Director, David Stancil, about 31 where Orange County is in that work, and she hopes to be able to promote some of the things 32 the County has done and is doing. She said she is learning every day about the sacred spaces 33 here and does not think enough is done to promote the work that is done, not only on the 34 Mountains-to-Sea Trail (MST), but all the other connectivity work through trails and preservation 35 the county is doing. She said she is looking forward to working more on that. She said she 36 participated today in the Chapel Hill-Carrboro City Schools (CHCCS) Safety Task Force, which 37 looks at how safety is provided in schools. She said this is an issue the community should 38 continue to pay attention to. 39 Commissioner Fowler said she attended the Juvenile Crime Prevention Committee 40 (JCPC) meeting on November 51h, with the purpose of approving previously unallocated funds. 41 She said about $3,000 went to the Dispute Settlement Center to attend a Restorative Justice 42 conference, and about $7,000 went to Haven/Wrenn House for replacing flooring. She said 43 there is $25,000 left in unallocated funds and JCPC is going to try to meet again if there are 44 local providers that have other needs. She said the funds need to be allocated by the end of 45 December. 46 Commissioner Hamilton said she has no announcements tonight. 47 Commissioner Bedford said the Board's retreat subcommittee met this week and 48 commissioners should have received an email from the Clerk to the Board asking for any 49 particular discussion topics. She said she attended the Orange County Partnership to End 50 Homelessness meeting last night. 3 1 Chair Price reiterated that the county held the Veteran's Day program. She said the 2 medallions are ready to be placed in the surface of the memorial, but the granite is not yet 3 ready. She said anyone may purchase pavers in honor or memory of someone and the paver 4 will be placed right into the foundation. She said Sheriff Charles Blackwood was the guest 5 speaker for the event, and it was a memorable time. She said the event was well-attended, 6 which was uncertain due to COVID, but there ended up being more people than chairs in 7 attendance. 8 Chair Price said the Arts Commission sponsored an open-air painting event with an 9 exhibit at the Arts Mill. She said the event was well attended. She said one could see where 10 people originated next to the paintings, and there were people from all across the United States. 11 Chair Price said she and the town mayors will meet with Quintana Stewart, Public Health 12 Director for an update on the status of the pandemic. She said the Board has received a lot of 13 questions about when the mask mandate will be lifted. She said the county is still looking at the 14 number of cases per day for seven days, and will use that metric to make decisions. She noted 15 that flu and cold season is beginning at this time as well. 16 Chair Price said the county is doing away with library fines, which may make it easier for 17 people to use the library. She asked if the County Manager would give a brief update on the 18 203 project during her report. 19 20 4. Proclamations/ Resolutions/ Special Presentations 21 22 a. Native American Heritage Month Proclamation 23 The Board considered approving a proclamation recognizing November 2021 Native 24 American Heritage Month. 25 26 BACKGROUND: 27 For thousands of years, various nations of Indigenous Peoples with their own tribal 28 governments, social organizations and cultural traditions inhabited the lands that are now 29 known as the United States of America. North Carolina is home to eight state recognized tribes 30 including the Coharie, Eastern Band of Cherokee, Haliwa-Saponi, Lumbee, Meherrin, 31 Occaneechi Band of the Saponi Nation, Sappony and Waccamaw-Siouan. The Occaneechi 32 Band of the Saponi Nation lived in this region now known as Orange County, with their own 33 social, economic, and political systems. 34 35 Native Americans and Alaska Native peoples have struggled and persevered to maintain their 36 identity and their civilization despite centuries of inhumane and unjust Federal policies focused 37 on genocide, removal, and forced assimilation. In recognition of this history, President Joseph 38 R. Biden signed a Presidential Memorandum committing his administration to fulfilling Federal 39 trust and treaty responsibilities, respecting Tribal self-governance, and consulting with Native 40 American Nations on policy issues. 41 42 On August 3, 1990, President George H. W. Bush declared November as National Native 43 American Heritage Month. The month is a platform for Native Americans to share their culture, 44 traditions, arts, and concepts of life, as well as a time for others to celebrate contributions by 45 Native Americans and honor their influence on the advancement of the United States. The 46 theme of November 2021 is "Strong Roots in Changing Times" to reflect the resilience of Native 47 Americans throughout the pandemic and continued preservation of their culture and traditions. 48 49 Chair Price said guests from the Occaneechi-Saponi Tribal Council were in attendance. 50 Chair Price read the following proclamation: 51 4 1 ORANGE COUNTY BOARD OF COMMISSIONERS 2 NATIVE AMERICAN HERITAGE MONTH PROCLAMATION 3 4 WHEREAS, for millennia, various nations of Indigenous Peoples with their own tribal 5 governments, social organizations and cultural traditions had inhabited the lands, now the 6 United States of America; and 7 8 WHEREAS, North Carolina is home to eight state recognized tribes including the Coharie, 9 Eastern Band of Cherokee, Haliwa-Saponi, Lumbee, Meherrin, Occaneechi Band of the Saponi 10 Nation, Sappony and Waccamaw-Siouan; and 11 12 WHEREAS, the Occaneechi Band of the Saponi Nation, having their own social, economic, and 13 political systems, dwelt in this region now known as Orange County; and 14 15 WHEREAS, in the 18th century, the United States of America was founded on a concept that all 16 people are created equal, yet Native Americans and Alaska Native peoples have struggled and 17 persevered to maintain their identity and their civilization despite centuries of inhumane and 18 unjust Federal policies focused on genocide, removal, and compulsory assimilation; and 19 20 WHEREAS, Native Americans have served and continue to serve in the Armed Forces — 21 including the Native American Code Talkers in World War I and World War II —defending the 22 United States and continue to serve at a higher rate than any other ethnic group in the Nation; 23 and 24 25 WHEREAS, President Joseph R. Biden signed a Presidential Memorandum committing his 26 Administration to fulfilling Federal trust and treaty responsibilities, respecting Tribal self- 27 governance, and conducting regular and robust consultations with Native American Nations on 28 a range of policy issues; and 29 30 WHEREAS, Deb Haaland of the Pueblo of Laguna now serves as United States Secretary of 31 the Interior, becoming the first Native American in United States history to serve in the Cabinet; 32 and 33 34 WHEREAS, on August 3, 1990, then-President George H. W. Bush declared November as 35 National Native American Heritage Month with a landmark bill honoring the Tribal People of 36 America, which began in 1976, when Jerry C. Elliott-High Eagle, a Cherokee/Osage Indian, 37 authored Native American Awareness Week legislation; and 38 39 WHEREAS, National Native American Heritage Month is a platform for Native Americans to 40 share their culture, traditions, arts, and concepts of life, as well as a time for others to celebrate 41 the myriad of contributions by Native Americans and honor their influence on the advancement 42 of the United States; and 43 44 WHEREAS, the theme this year is "Strong Roots in Changing Times" to reflect the resilience of 45 Native Americans throughout the pandemic and continued preservation of their culture and 46 traditions; 47 48 NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim 49 November 2021 as NATIVE AMERICAN HERITAGE MONTH, and urges all residents to 50 observe this month by participating in activities and ceremonies, to celebrate November 26, 5 1 2021 as Native American Heritage Day this month and every month, and to honor the cultures 2 and contributions of Native Americans by committing to freedom, peace, and justice for all. 3 4 This 16th day of November 2021. 5 6 7 Ren6e A. Price, Chair 8 Orange County Board of Commissioners 9 10 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to 11 approve the proclamation recognizing November 2021 as Native American Heritage Month and 12 authorize the Chair to sign. 13 14 Roll call ensued 15 16 VOTE: UNANIMOUS 17 18 Tony Hayes said the Tribal Council and the entire Occaneechi Nation are very 19 appreciative of the support always given by Orange County and continued collaboration. He 20 said the Tribe is appreciative of the awareness, recognition and the work the county does in the 21 name of all diversity and including American Indians. He said he is honored to be here and to 22 be recognized by the commissioners. He said he looks forward to continued collaboration and 23 support from the county. 24 Beverly Payne thanked the commissioners for this recognition and said it has been a 25 pleasure to work with the commissioners on different boards and projects and hopes it has been 26 theirs as well. 27 Tammy Hayes-Hill thanked the commissioners for this recognition. She said she is a 28 tribal member and council member. She said she manages the website and currently has the 29 proclamations from the President and Governor Cooper on the website, and is proud to place 30 this proclamation there as well. 31 Chair Price asked Beverly Payne if she wanted to speak about the dedication coming up 32 next year. 33 Beverly Payne said the tribe is having a dedication of the reconstructed village in 34 Hillsborough on April 23, 2022. She said the hope is to make it at least a four-hour event with 35 re-enactors acting out the late 1600-1700 period, and there will also be tribal members acting in 36 the present day. She said this will be a "then and now" type of demonstration and everyone is 37 invited to attend. 38 Commissioner Fowler said she remembers when she was five years old, and someone 39 came by her house in Davie County and told her that her backyard was a Native American 40 graveyard. She said as she grew up she learned that all of the land here belonged to Native 41 Americans. She said she has always tried to learn more and hopes others will also make an 42 effort to understand that Native Americans were not only here first but continue to be here and 43 be strong and have communities that people do not learn about in history books. She said she 44 appreciates the effort the Tribal Council is making to educate everyone. 45 Commissioner Bedford said she remembers her son took AP U.S. History and then went 46 on to Appalachian State to study Recreation Management. She said preserving and enhancing 47 Native American lands and cultural artifacts came up in class and another student said, "let's 48 just have a treaty." She said due to growing up in Orange County her son was able to say that 49 every single treaty has been violated and that is not a solution. She said as more people learn 50 history and more is taught in schools, everyone will benefit. She said she will put the April 23,d 51 event on her calendar. 6 1 Commissioner Richards said one of the things she did with her children when they were 2 growing up was try to learn the traditions of the native people, and one of the things they try to 3 do is incorporate gratitude in their daily lives. She said native people are thankful for everything 4 in nature from the stars, to the sky, to the ground upon which we all walk. She thanked the 5 native tribes for sharing this land and their customs, and honored the ancestors that have come 6 before. 7 Commissioner Hamilton said thank you for the proclamation and recognition of a 8 community that has persisted through many challenges in the national history. She said it 9 reminds her that there is Native American lineage in her own background, and while her African 10 American heritage tends to be emphasized, she remembers the family stories of Native 11 Americans in her family tree. She said she hopes to attend on April 23rd because it is 12 something she wants to learn more about and remember as part of her identity. 13 Commissioner Greene thanked the Tribal Council members for attending and said she 14 has learned that Native Americans have always lived with a respect for the earth. She said the 15 culture of the native peoples can be instructive to others in at least trying to go back to ways of 16 cooperating with the earth rather than consuming the earth. 17 Commissioner McKee said it is essential to recognize everything in the proclamation, 18 and he is looking forward to the event next year. He said there was a display hung up in the 19 Link Government Services Building that was put together by some of the tribal elders and it 20 included tobacco that was grown on his farm. 21 Chair Price said, like Commissioner Hamilton, her great-great grandmother was 22 Cherokee and little is known about her besides having a picture of her and knowing she was a 23 schoolteacher. She said it is so important to know who we are and where we come from and 24 that we all are one. She said when there are events and meetings, it is important to give thanks 25 first to the First Nations People to acknowledge that the land belongs to them. 26 Tony Hayes invited the commissioners to attend the biggest annual festival of American 27 Indians happening virtually on November 20th at the NC Museum of History. He said the event 28 is free and is the largest gathering of all the tribes in North Carolina. He said it is a good place 29 to start for those wanting to learn more. 30 31 5. Public Hearings 32 33 a. Public Hearing on 2020 Consolidated Annual Performance Report (CAPER) for the 34 HOME Investment Partnerships (HOME Program) 35 36 The Board held a public hearing on the draft Consolidated Annual Performance Report 37 (CAPER) for the HOME Investment Partnerships (HOME) Program. 38 39 BACKGROUND: 40 Each year, Orange County reports on activities undertaken with funds from the U.S. Department 41 of Housing and Urban Development through the HOME Program. This annual report, called the 42 Consolidated Annual Performance Report (CAPER), documents the progress towards 43 implementing the priorities and activities identified in the Annual Action Plan. During the 2020 44 CAPER period (July 1, 2020 through June 30, 2021), the County disbursed approximately 45 $200,000 in HOME funds and an additional $45,000 in local matching funds (contributed by the 46 Towns of Chapel Hill, Carrboro, and Hillsborough, as well as the County) for eligible housing 47 activities. These activities included provision of down payment assistance for low-income 48 homebuyers and provision of tenant-based rental assistance. 49 50 Orange County must hold a public hearing to obtain residents' comments and feedback on the 51 Consolidated Annual Performance Report (CAPER). Members of the public may also submit 7 1 comments during the public comment period (November 16 — December 1, 2021) to Erika 2 Brandt, Community Development Manager, by email (ebrandt@orangecountync.gov), by mail 3 (PO Box 8181, Hillsborough, NC 27278) or by telephone (919-245-4331). 4 5 Erika Brandt, Housing and Community Development Manager, reviewed the background 6 information for the item. She said HOME is a federal block grant program from the Department 7 of Housing and Urban Development (HUD) that allocates funds to communities across the 8 country based on a formula that looks at population and other factors. She said Orange County 9 is a consortium of the county and towns, and is the entity that receives the HOME funds. She 10 said the Local Government Affordable Housing Collaborative is made up of one elected official 11 from each jurisdiction in the consortium. She said this group makes funding recommendations 12 on how the consortium should award HOME funds. She said recommendations go before each 13 of the governing boards of the four jurisdictions for approval. She said the CAPER is an annual 14 report that talks about how the consortium allocated HOME funds from a given program year, 15 and how funds were actually dispersed in that program year. She said even though the 16 program year aligns with the county's fiscal year, the actual timeline for dispersing those funds 17 spans a lot longer than a year. She said it is common for an agency to receive funds during a 18 program year but not spend them until a year or more later. She said typically agencies apply 19 for HOME funds well before they are needed, in order to plan in advance. She reviewed the 20 executive summary from the evening's agenda packet. 21 Commissioner Fowler asked if CASA kept the same allocation for the nine units for 22 people with disabilities. 23 Erika Brandt said she can look into that and get back to her. 24 Commissioner Richards asked what happens to returned funds. 25 Erika Brandt said the funds are put back to the pot and added to the 2021 pot of funds. 26 She said this is the first year there was enough funding to fully fund all requests. 27 Commissioner Richards clarified that those funds are not part of this report. 28 Erika Brandt said that is correct, that award was just made last fiscal year and this report 29 is from the previous year. 30 Commissioner Richards asked if the funds have been dispersed. 31 Erika Brandt said no the funds have not been dispersed, but the award went to Habitat 32 for homeownership assistance, but they are still drawing down funds for past fiscal years. 33 Commissioner Richards asked if other organizations can apply for the funds. 34 Erika Brandt said yes organizations did apply and the funds were awarded to Habitat. 35 Commissioner Hamilton asked if project-based vouchers could be explained. 36 Erika Brandt said the Housing Authority administers the Section 8 Housing Choice 37 Voucher Program, which has always been tenant-based in past. She said project-based 38 vouchers are going to be for rental subsidies that are tied to a particular unit rather than a 39 tenant. She said this will be more similar to public housing or any kind of affordable subsidized 40 housing where the unit is subsidized and the renter can live there if they apply and qualify. 41 Commissioner Greene said CASA applied for low income housing tax credit (LIHTC) 42 status and was not successful, so then applied for HOME money and tried again for LIHTC and 43 was awarded. She said because they knew that was their goal, they were strictly following 44 federal guidelines for percentages of units that have to be affordable to different levels of 45 people, and she does not think the allocation of units will change. 46 Chair Price asked if there is a time limit for when the projects need to be completed. 47 Erika Brandt said the funds have to be expended within five years of the funds being 48 committed, which is not the same date as when the county awards them. She said the 49 commitment happens after an environmental review is done, if one needs to be done for a 50 project, and once the development agreement is signed. She said this typically happens around 51 one year after the award is made, and thus funds are typically spent within six years. 8 1 2 A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to 3 open the public hearing. 4 5 Roll call ensued 6 7 VOTE: UNANIMOUS 8 9 PUBLIC COMMENT: 10 None 11 12 Chair Price noted that no one is signed up to speak for the public hearing and said the 13 public has until December 1, 2021 to submit written comments. 14 15 A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to 16 close the public hearing and allow the public to submit any additional comments to the county 17 through the methods noted above by December 1, 2021. 18 19 Roll call ensued 20 21 VOTE: UNANIMOUS 22 23 b. Public Hearing on Orange County's HOME-ARP Allocation Plan 24 25 The Board held a public hearing on Orange County's HOME-ARP Allocation Plan. 26 27 BACKGROUND: 28 The American Rescue Plan Act of 2021 appropriated $5 billion nationwide to provide housing, 29 services, and shelter to individuals experiencing homelessness and other vulnerable 30 populations. The funds were allocated by formula to jurisdictions through the U.S. Department 31 of Housing and Urban Development (HUD) HOME Investment Partnership (HOME) Program. 32 This funding is called "HOME-ARP". In September 2021, HUD awarded the Orange County 33 HOME Consortium (which consists of the County—the "lead entity" for the Consortium —and 34 the Towns of Carrboro, Chapel Hill, and Hillsborough) $1,371,401 in HOME-ARP funds. 35 36 HOME-ARP can fund the following eligible activities: 37 (1) development of affordable housing; 38 (2) tenant-based rental assistance; 39 (3) provision of supportive services (such as housing counseling, homelessness prevention, 40 moving costs) and; 41 (4) acquisition and/or development of non-congregate shelter units. 42 43 Funds must primarily benefit individuals and households in the following "Qualifying 44 Populations": 45 • Experiencing homelessness 46 • At risk of homelessness 47 • Fleeing domestic violence, dating violence, sexual assault, stalking, or human trafficking 48 • Other populations with high risk of housing instability (including highly cost-burdened 49 low-income households, households who have moved two or more times in the last 60 50 days, and households living in a hotel) 9 1 2 Led by the Local Government Affordable Housing Collaborative (a group made up of one 3 elected official from each jurisdiction that comprises the Consortium), the Orange County HOME 4 Consortium must develop an Allocation Plan to identify priority housing and service needs in the 5 community that may be supported with HOME-ARP funds and to describe the process that will 6 be used to distribute HOME-ARP funds. The Consortium's $1.3 million in HOME-ARP may not 7 be used for eligible housing projects or activities until an Allocation Plan is approved by HUD. It 8 is not expected that any funds will be committed or disbursed in the near future, since the 9 Consortium is just now starting the planning process. The Allocation Plan will determine how the 10 HOME-ARP funds will be awarded to projects or activities and lay out, broadly, which types of 11 eligible uses the Consortium plans to prioritize. 12 13 Once the Allocation Plan is created, staff will follow the process outlined in the Plan. For 14 example, if(based on the community engagement and needs assessment process) the 15 Collaborative decides to distribute HOME-ARP funds through a competitive application process 16 and to prioritize development of affordable housing, staff would then issue a funding application 17 for affordable housing development projects. 18 19 As part of the development of the Plan, Orange County must consult with stakeholders that 20 work with the "Qualifying Populations" listed above. County and town staff are actively engaging 21 stakeholders by presenting at meetings, soliciting feedback through a survey, and incorporating 22 feedback from the Towns' community engagement processes around ARPA funding. 23 24 As the lead entity of the Consortium, the county must hold a public hearing to obtain residents' 25 comments and feedback on how the HOME-ARP funds should be awarded. Members of the 26 public may submit comments at the public hearing and during the public comment period 27 (November 16— December 1, 2021) to Erika Brandt, Community Development Manager, by 28 email (ebrandtCa)orangecountync.gov), by mail (PO Box 8181, Hillsborough, NC 27278) or by 29 telephone (919-245-4331). 30 31 The county will hold a second public hearing in the next 3-6 months. Between the first and 32 second public hearings, staff will develop a draft HOME-ARP Allocation Plan based on the 33 feedback received during the first public hearing and public comment period, from the other 34 community engagement and stakeholder consultation efforts (including a survey and 35 presentations at community meetings), and from the ARPA public participation processes being 36 conducted by the Towns of Carrboro and Chapel Hill. 37 38 After the second public hearing on the draft HOME-ARP Allocation Plan, staff will incorporate 39 public feedback into the Plan and present a final version for approval by the Collaborative. Once 40 the Collaborative approves, the four governing boards of the jurisdictions that comprise the 41 HOME Consortium (the towns and the county) must approve the Plan and authorize Orange 42 County, as lead entity, to submit the Plan to HUD. HUD is responsible for final approval of the 43 Plan, at which point, the Consortium may begin to use its HOME-ARP funds. To use the funds, 44 the county will submit draw requests to HUD through its finance system on a reimbursement 45 basis. Any HOME-ARP funds not disbursed by September 30, 2030 will revert back to HUD. 46 47 Corey Root, Housing and Community Development Director, reviewed the background 48 information for this item. She said this money is coming into the county in addition to the HOME 49 funding Erika Brandt just spoke on. She said like the HOME funding, the HOME-ARP funding is 50 awarded to the county through the consortium. She said traditional HOME funds and HOME- 51 ARP funds have some similar eligible activities but some differences as well. She said the 10 1 eligible activities as well as the population the funds are geared toward for HOME-ARP funds 2 are detailed above in the background information for the item. 3 Corey Root said non-congregate sheltering was used during the pandemic for folks in 4 the congregate shelters in the county. She said the HOME-ARP funds may be used for the 5 acquisition of non-congregate sheltering and explained that communities found in doing that, 6 COVID transmission was lower, but it also allowed people who were not able to tolerate 7 congregate shelters to have shelter and be connected to resources where they may not have 8 been otherwise. 9 Corey Root said this public hearing is the beginning of a lot of planned public outreach 10 before the consortium begins awarding funds. She said the community input survey can be 11 found at www.tinyurl.com/OC-Home-ARP, and comments can also be sent to staff through 12 December 1, 2021. She said Orange County has $1.3 million, one time, nonrecurring funding. 13 Commissioner Greene asked if there is any real possibility of purchasing a hotel or some 14 suitable structure for non-congregate shelter in Orange County. 15 Corey Root said staff is looking into this option after being asked by the Local 16 Government Affordable Housing Collaborative to do so. She said it is something that other 17 communities are looking at and is a very specific project communities might consider with this 18 funding. 19 20 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to 21 open the public hearing. 22 23 Roll call ensued 24 25 VOTE: UNANIMOUS 26 27 PUBLIC COMMENT: 28 None 29 30 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to 31 close the public hearing and allow the public to submit any additional comments to the county 32 through the methods noted above by December 1, 2021. 33 34 Roll call ensued 35 36 VOTE: UNANIMOUS 37 38 11 1 6. Regular Agenda 52 2 3 a. Green Tract Resolution Approving the Draft Recombination Plan and Conceptual 4 Plan 5 6 The Board considered approval of the Greene Tract Resolution Approving the Draft 7 Recombination Plat and Conceptual Plan for the 60-acre Portion of the Greene Tract in County 8 Ownership and the 107-acre Portion of the Greene Tract in Joint Ownership between Orange 9 County, the Town of Chapel Hill, and the Town of Carrboro. 10 11 BACKGROUND: 12 The Greene Tract is a 167 acre parcel of which 107 acres is jointly owned by Orange 13 County/Chapel Hill/Carrboro and 60 acres owned by Orange County (Headwaters Preserve). 14 The parcel is located east of the Rogers Road community within the Town of Chapel Hill's ETJ 15 (Extra-Territorial Jurisdiction) — see vicinity map in Attachment 2. 16 17 In May 2017, a joint staff work group began to examine the preservation and development 18 potential of the Greene Tract. This process included specific elements and goals including, but 19 not limited to: 20 ■ Incorporate a future elementary school and park site, 21 ■ Preserve valuable environmental features and corridors, 22 ■ Protect historical and cultural resources, 23 ■ Encourage cost effective infrastructure, and 24 ■ Identify areas for future development. 25 In addition, the Managers, Mayors, and Chair (MMC) group recommended staff examine the 26 reconfiguration of the joint-owned and County-owned tracts. 27 28 Greene Tract Resolution for a Path Forward 29 In January 2020, the Towns and County adopted the 2020 Greene Tract resolution. Not only did 30 this resolution identify land use acreages for the Greene Tract and initiate an environmental 31 assessment, but it also initiated the drafting of an Interlocal Agreement between the three 32 jurisdictions. 33 34 Greene Tract Environmental Assessment 35 The Greene Tract Resolution for a Path Forward initiated the drafting of an environmental 36 assessment in order to obtain site-specific information on environmental and cultural conditions 37 present on the Greene Tract. Following a Request for Proposal (RFP) and bid process, 38 SynTerra was selected to complete the Environmental Assessment. Beginning in May 2020, 39 SynTerra reviewed background information, conducted fieldwork, and completed an 40 environmental analysis of the Greene Tract. The final assessment was presented to the local 41 governments in July 2020 and can be found at the following link: 42 https://www.orangecountync.gov/DocumentCenterNiew/14103/2020-Greene-Tract- 43 Environmental-Assessment. 44 45 2021 Greene Tract Interlocal Agreement 46 The Interlocal Agreement Between Orange County and the Towns of Carrboro and Chapel Hill 47 Regarding the Current and Future Use of the Jointly Owned Greene Tract adopted by the three 48 local governments in April 2021 provided a decision-making process for the three local 49 governments and other key elements including: 50 Required that the parties act jointly in selecting professional services; entering into 51 development agreements; engaging in public outreach; receiving public input; assigning 12 1 the Mayors, Chair, and Managers to form a working group to negotiate ultimate uses of 2 the Greene Tract before submitting their recommendations to the governing boards of 3 the parties; and reaching final determinations of the ultimate uses of the property within 4 18 months of execution of the Agreement; 5 Agreed that the initial intent of the parties is for the property to include mixed use (e.g. 6 residential and/or low intensity commercial, service uses, and maker/incubator space, 7 which serve the needs of the surrounding neighborhoods) affordable housing, a school 8 site with a public recreation component, a joint preserve area, and connectivity 9 (pedestrian, vehicular, utility, transportation). 10 11 Modifications to the County-Owned (Headwaters Preserve) and Joint-Owned Tracts 12 Over the summer, planning, environmental, stormwater, transportation, surveying, and 13 engineering staff met to review the findings of the Greene Tract Environmental Assessment and 14 discuss other key elements (i.e. connectivity, green space, infrastructure, land use, transit, etc.) 15 in order to assist in determining the modified parcel lines of the County-owned (60 acres) and 16 Joint-owned (107 acres) tracts. 17 18 One of the main goals of this process was to encompass the most environmentally sensitive 19 features of the Greene Tract within the County-owned (Headwaters Preserve) or future Greene 20 Tract Preserve areas. The purpose of this was to protect and preserve these areas in the future 21 while balancing development goals of the Greene Tract related to affordable and mixed income 22 housing (housing which is affordable to residents at different income levels) needs and the 23 public school and recreational site. In order to achieve this, environmental staff reviewed 24 preservation plans from 2019 and the Environmental Assessment, completed fieldwork, and 25 drafted new parcel lines for the County-owned and Joint-owned tracts. The proposed parcel 26 lines were presented to the MMC for their review. Based on comments received from the MMC, 27 land use acreages designated in the 2020 Resolution, and additional analysis and fieldwork, 28 modified parcel lines for the County- and Joint-owned tracts were drafted (Attachment 3). The 29 final draft of the proposed County-owned and Joint-owned parcels was utilized in preparing the 30 draft recombination plat and conceptual plan contained in Attachment 1. 31 32 September 30 and October 21 Managers, Mayors, and Chair (MMC) Meetings 33 The Greene Tract staff work group presented the draft Resolution and conceptual plan for 34 review and comment. In addition, the group reviewed and outlined next steps including 35 community outreach meetings. 36 37 November 2021 Community Open House and Virtual Meeting 38 Local government staff members conducted two outreach events in order to update the 39 community on the status of the Greene Tract, present the draft resolution and conceptual plan, 40 review next steps, and receive any questions or comments. 41 ■ Sunday, November 7 - In-person Open House at RENA Community Center 42 ■ Monday, November 8 - Virtual Engagement Session 43 Information regarding these events, including comments and questions received at both events, 44 can be found at the following link: https://www.orangecountync.gov/2127/Greene-Tract. A 45 summary of key themes and comments received at these events will be shared at the BOCC 46 meeting. 47 48 13 1 Greene Tract Resolution Approving the Draft Recombination Plat and Conceptual Plan 2 The proposed Resolution (Attachment 1) continues efforts outlined in the 2020 Greene Tract 3 Resolution for a Path Forward and the 2021 Interlocal Agreement. Furthermore, this resolution 4 includes a culmination of work and contribution including the community, planning, 5 environmental, surveying, transportation, and engineering staff, and the Managers, Mayors, and 6 Chair (MMC) group. The main elements of the resolution include the following: 7 1. Approve the draft recombination plat contained in Exhibit 1 of Attachment 1. 8 This will allow for modifications to the County-owned tract (60 acres) and Joint- 9 owned tract (approximately 107 acres). Additional maps illustrating the 10 modifications to the existing Greene Tract parcel lines are contained in 11 Attachments 3 and 4. Attachment 4 illustrates the exchange of acreage from 12 Joint ownership to County ownership and County ownership to Joint ownership. 13 This map is related to land owner and transfer changes, which may occur 14 through the recombination process. 15 16 2. Approve the Greene Tract Conceptual Plan contained in Exhibit 2 of Attachment 1. 17 This will allow for land uses and acreages, originally designated in the 2020 18 Greene Tract Resolution, to be identified and located on a conceptual plan. 19 Please note the proposed land uses identified and sited on the Joint-owned 20 portion of the Greene Tract contains net acreage totaling approximately 104 21 acres. This total excludes approximately 3 acres which is contained within the 22 railway right of way. 23 ■ The Greene Tract Conceptual Plan is a proposed schematic for future planning 24 purposes and shall not be considered a development plan or application. The 25 following land uses and acreages are designated on the plan: 26 — Headwaters Preserve — 60 acres 27 — Greene Tract Preserve—22 acres 28 — Development—66 acres 29 — Public School and Recreational site — 16 acres 30 31 3. Authorize Managers to sign the final recombination plat as the property owners for the 32 three local governments. 33 Once the draft recombination plat is approved as part of this Resolution, Town of 34 Chapel Hill Surveying staff will move forward with completing the final 35 recombination plat. This action will allow for the County and Town Managers to 36 sign the recombination plat as owners. Once signed, the final recombination plat 37 will be reviewed by the Town of Chapel Hill Planning staff before final recordation 38 at the Orange County Register of Deeds Office. 39 40 4. Continue to solicit input from the public, governing boards, specialized staff, and housing 41 partners, during the master plan and development agreement process. 42 43 The Joint Resolution is planned for adoption consideration at the November 16 Carrboro Town 44 Council meeting and the November 17 Chapel Hill Town Council meeting. Any amendments to 45 the Joint Resolution by the Town of Chapel Hill or the Town of Carrboro would prompt a return 46 to the BOCC for consideration. 47 48 Greene Tract Update 49 Additional information on the Greene Tract is contained in Attachment 5. Staff will not present 50 the update at the BOCC meeting, but will be available to address any questions. Additional 51 background information related to the Greene Tract, including the 2020 Resolution and 2021 14 1 Interlocal Agreement, can be found at this link: https://www.orangecountync.gov/2127/Greene- 2 Tract. 3 4 Chair Price thanked staff for all of the work they have put into this issue in all three 5 jurisdictions, including coming up with the plans, working with SynTerra, making sure that 6 everyone got to see the report when it was completed, keeping information up to day on the 7 website, and for the cooperation with Town of Carrboro and Town of Chapel Hill. She also 8 specifically thanked Public Information Officer, Todd McGee, for sending information out in his 9 weekly newsletter each week. 10 11 Craig Benedict made the following PowerPoint presentation: 12 13 Slide #1 ©RANGE COUNTY NORTH CAROLINA Item 6.a - Greene Tract Resolution Approving the Draft Recombination Plat and Conceptual Plan BOCC Meeting November 16, 2021 14 15 16 Craig Benedict said he is presenting on behalf of the three local governments because 17 Carrboro is voting on this Resolution tonight and Chapel Hill is voting on this Resolution 18 tomorrow night. He said this is a common resolution between all three jurisdictions, and will 19 approve the Draft Recombination Plat and the Conceptual Plan for the Greene Tract. He 20 resumed the PowerPoint presentation: 21 22 15 1 Slide #2 Preamble Y 2020 Resolution adapted by all three local governments Y Orange County adopted January 21, 2020 https-fiwwwomngecauntync,gavCcpcumentCenter.+'Ui"M725612020-Resolution-for 7- Path-Forward-Process-far-Further-Assessment-of-the-G reene-Tract 1. Agree to acreages and land uses A. 22 acres -Greene Tract Preserve B. 16 acres -Public school and recreational site C. 66 acres -Housing and mixed-use Z. Reconfigure 60 acres - Orange County Headwaters Preserve(following the completion of items 3 and 4) 2 3 4 Craig Benedict said there was a 2020 resolution, adopted by all three local governments, 5 which instructed the next steps that staff took. He said while acreage and land uses were 6 assigned in the resolution, it did not put them on a map. He said by doing an environmental 7 analysis and outreach, the next step was creating a map. 8 Craig Benedict said in the late 1990s, there was a 160 acre area purcahsed for landfill 9 purposes, and through an agreement between the three jurisdictions, the land was split into two 10 pieces: 60 acres that went to the solid waste enterprise fund and 104 acres was put into joint 11 ownership and is now known as the Greene Tract area. He said when Orange County 12 repurchased the 60 acre area from itself, it was renamed the Headwaters Preserve. He said for 13 the purposes of tonight's discussion, the Greene Tract is focused on the 104 acres which is 14 jointly owned, and the Headwaters Preserve will also be mentioned, which is the 60 acres the 15 county purchased from itself. 16 Craig Benedict said the 2020 resolution pointed out that the 60 acres may not have been 17 the best environmental lands for the county to preserve. He said the 2020 resolution discussed 18 reconfiguring acreage for preservation of the best enviornmental lands. He said with 82 total 19 acres of preserved lands, there are also 82 acres of land with development potential, and those 20 82 acres would be used for housing and mixed use, as well as some for the school site that was 21 identified. He said the resolution also sought to keep in mind limited open land for schools in 22 Chapel Hill and Carrboro, and that land banking may be a possibility. He resumed the 23 PowerPoint presentation: 24 25 16 1 Slide #3 Preamble 2020 Resolution Continued 3. Conduct Environmental Assessment to determine best 82 acres to preserve Completed July 2020 (in partnership with SynTerra and the Towns) 4. Conduct public engagement (ongoing) Ongoing and includes the Rogers Road Neighborhood Completed ✓En'wonmental Assessment WVebinar and Surrey-April 2021 *Open House-November?„2021 *Virtual Meeting-November B,2021 5. Greene Tract MOU/ILA (for decision making) ✓Completed April 6, 2021 2 3 4 Craig Benedict said the only other environmental assessments done since 2000 were 5 reports done by environmental staff from each of the jurisdictions. He said the SynTerra report 6 found the best 82 acres to preserve. He said it also determined the 82 acres ideal for 7 development were oriented in size and shape so that it could be served by infrastructure, 8 including what roads are necessary for the development side, where to get water and sewer 9 from, etc. He said the SynTerra report balanced issues between environmental preservation 10 and development potential. He said this work was completed in July 2020, and due to COVID, 11 public engagement had to be delayed. He said a video of the findings has been made available. 12 He said as years have continued, there has always been a staff team from local governments 13 and other people involved as well. He said a public survey was also completed in 2021, as well 14 as open house and virtual meetings in November 2021. 15 Craig Benedict's said tonight's goal is to put acreages on a map and reconnect the 16 Green Tract and Headwaters Preserve. He said the 2020 resolution also asked for there to be 17 a memorandum of understanding (MOU) between the three local governments, as this process 18 is taking a long time with incremental steps. He said there is a great deal to still be done, and 19 they need to discuss what exactly goes in those future developable areas. He said there is 20 agreement between the three local governments as to how to keep the process for moving 21 forward in the face of potential barriers/disagreements. He resumed the PowerPoint 22 presentation: 23 24 17 1 Slide #4 Present and Proposed Greene Tract Land Use Configuration w Environmental �uxErriue�r< �re�a. Assessment and Public Outreach �� II a , w 2 3 4 Craig Benedict said the previous ownership map is shown on the left, and the 60-acre 5 medium green area is the Headwaters Preserve. He said the area is not contiguous to other 6 identified wetland and stream buffer areas noted as the Greene Tract Reserve. He said the 7 right side map is a new configuration, and the medium green color would be a total of 60 acres 8 of county-owned preserved land, and the darker green Greene Tract Reserve would equal a 9 total 82 acres of preserved land. He said Syn Terra's analysis determined which areas are 10 jurisdictional and those that are regulatory. He said the strictest restrictions were observed, and 11 the review only come up with 40 total acres of jurisdictional and regulatory areas, but the group 12 doubled the amount and came up with buffers upon buffers to reach 82 acres. He said the 13 yellow area to the east on the map is part of the 66 acres to be developed. He said when this is 14 added to the 16-acre school site, it gives a total of 82 acres of potentially developable land, 15 balanced with 82 acres of preserve. He said in the agenda, there is mention of the plat being 16 107 acres rather than 104 acres. He said a surveyor took a look and found 3 extra acres along 17 the rail right of way, which is on the eastern part of the site. He said a plat will eventually be 18 created to show 3 acres of joint owned land as a rail right of way. He resumed the PowerPoint 19 presentation: 20 18 1 Slide #5 Tonight's Purpose To consider approval of the 2021 Greene Tract Resolution ■ Approve the Draft Recombination Plat (i.e.shifts property lines)for the: ■ County-owned tract(60 acres)and • Joint-owned tract(approximately 107 acres) ■ Approve the Conceptual Plan (i.e. placement of acreage and land uses on the map)for the: ■ 104-acre portion of the Greene Tract in Joint Ownership between OC,CH,and C ■ B0-acre reconfigured OC Headwaters Preserve 2 3 4 Craig Benedict said within the last four years, there has been a lot more interest from 5 local governments and community to move forward. He said there are affordable housing 6 needs, but no decisions have been made on how this area will be developed. He said adopting 7 this resolution is an incremental step to determine what lands could be available and what lands 8 could be preserved. He said next steps will involve non-profits, the housing department, etc. 9 He said tonight's resolution would provide for roughly 23 acres for what was originally orange 10 county land will become jointly owned, and 23 acres of joint land will become part of 11 Headwaters Preserve, so all balances out. He said this is a conceptual plan, not developments, 12 and just seeks to find the best place for preservation areas and developmental areas. He said 13 part of that process involves the school board. He said the conceptual plan does show the 14 different uses on a map. He said Orange County and Carrboro did agree to put them on a map 15 in a 2020 resolution, but decided to do an investigation for the environmental preserve area 16 instead. He said 95% is the same as it was previously, but the school board has also been 17 involved in additional discussions to determine best school site. He resumed the PowerPoint 18 presentation: 19 20 Slide #6 Recommendation The Manager recommends the Board: ■ Receive the Resolution; ■ Discuss as appropriate; and ■ Approve the Resolution contained in Attachment 1 and authorize the Chair to sign. 21 19 1 Craig Benedict said Carrboro suggested yesterday putting in information on other 2 studies and reserves from past 20 years under the 6th whereas clause of the resolution. He said 3 the website has a host of history for steps and decisions taken and made to date. He resumed 4 the PowerPoint presentation: 5 6 Slide #7 Questions and Comments 7 8 9 Commissioner Bedford said some people are saying the land will be sold to a for-profit 10 developer, and asked if Craig Benedict could clarify. 11 Craig Benedict said no decisions about how housing will be placed on the development 12 have been made. He said nothing can move forward without an additional resolution agreed 13 upon by the three local governments. 14 Commissioner Bedford said usually the land is not sold, but rather is donated. She said 15 developers are typically contracted to do what the three local governments have determined will 16 be done. 17 Craig Benedict said the three local governments will likely set parameters of what they 18 expect, which is one of the methods to create affordable-housing. He said since there are 50- 19 60 acres that could be used, there are different opportunities available, and it is completely in 20 the local governments' control. 21 Commissioner Fowler said Craig Benedict addressed a lot of the background 22 information, but one concern she has is about access roads, and considering where roads will 23 go prior to any agreements being made. She said some people do not want roads running 24 through the preserved areas, due to wildlife. She asked if staff would address the issue of 25 roads cross-cutting preserved areas and speak about potential traffic that would come through 26 the Rogers Road community. 27 Craig Benedict said there is another road being planned through Chapel Hill that goes 28 from the far northwest corner that swings around and out through the future church property out 29 to Rogers Road. He said there would be a southern road as well, and would go out to 30 Homestead Road, which would be the primary access to the school site. He said there are 31 historic dirt roads that go through the site. He said this would not disturb any environmental 32 lands. He said it would be land within the preserve, but outside of the jurisdictional and 33 regulatory buffers for the most part. He said the road would swing into the development joint 34 area and be able to connect with some sort of internal network. He said it is not likely that there 35 will be roads over the train tracks to the east. He said no roads are on the map yet, and there is 36 still the opportunity to decide how the roadways would be placed on the map and can be 20 1 tweaked as necessary to accommodate the roads. He said the Headwaters preserve is a 2 headwaters for three different sub-basins, and to get sewer to this area would require having 3 sewer services flow in three different directions. He said when sewer was installed in the 4 Rogers Road community some extensions were made out to this area. 5 Commissioner Fowler asked for a cost to develop water and sewer. 6 Craig Benedict said he could not say that right now, but there are options from where it 7 could come. He said the school site has two stub outs to the property. He said the Rogers 8 Road sewer project extended sewer past the animal shelter and up to the Nunn property. He 9 said the northern part of the site and the eastern area near the tracks would be served to the 10 north at that time. He said as next steps are examined in a master plan, costs for infrastructure 11 would be established. He said the Rogers Road sewer project was a joint effort between 12 jurisdictions, and he hopes any future sewer work would be accomplished similarly. 13 14 PUBLIC COMMENT 15 John Dempsey said the Greene Tract Forest is a 164-acre parcel of publically owned 16 land. He said elected officials are being asked to transfer much publically owned land for 17 eventual private development. He referred to proposal 6A, noting this proposal targets 66 acres 18 for unspecified mixed use and commercial development. He said acreage could vary up to 15% 19 for a total of 76 acres, and 21 acres along the eastern side of the Greene tract will remain as 20 public owned and undeveloped land in the short term, but may be evaluated for development in 21 the future depending on needs at that time. He said that brings the total of public land being 22 developed to 97 acres, over 59% of the property. He said 16 acres are designated for public 23 schools and recreation site, equaling a total of 113 acres out of 164-acre tract that is being 24 targeted for development. He said there is no affordable housing mandated by the joint 25 resolution, but it includes a goal of affordable and mixed income opportunities. He said the 26 Board and town councils should vote no and direct planning staff to work on a plan that is more 27 in line with the Rogers Road: Mapping Our Community's Future report from May of 2016. He 28 believes doing so would garner more public support. 29 Nancy Oates said she is a long-time advocate for affordable housing. She said voting 30 on this resolution is problematic because the public still does not know the ramifications of 31 switching the boundaries around. She said she does not see any reason to rush. She said 32 there was tremendous public turnout at the in person and online meetings, but their questions 33 still have not been answered. She said 50 years ago elected officials dealt duplicitously with the 34 residents of Rogers Road, promising a recreation area, but instead the landfill was expanded, 35 tainting the local wells, and she has a sick feeling this duplicitousness is happening again. She 36 said residents of Rogers Road voices have been clear they do not want "stack them and pack 37 them" housing, but that is what mixed use for all income levels is. She said she did not get 38 support from colleagues when she suggested removing mixed use high rises from allowable 39 uses in 2016. She said in talking with them later, they said the plan was to sell off the land to 40 private developers to pay for the infrastructure and would get more money with mixed use 41 developments. She said the land could be donated to a nonprofit, and if that is the Board's 42 intent, it should be spelled out in the resolution tonight. She said potential traffic impacts have 43 not been explored. She said in 2019, then school board chair Joal Broun said the land was too 44 small for a school and wanted to discuss preserving other land in Chapel Hill for a school site. 45 She said the smallest school that would fit on this site is an elementary school, only if it took up 46 all of the recreation space. She said the Chapel Hill Town Council is leaning on the three newly 47 elected officials to support this and be a team player. She said the environmental report states 48 clearly that no infrastructure is to be laid on top of the protected areas, but maps show that this 49 will indeed happen. 50 Robert Campbell said the Commissioners should move forward with this resolution. He 51 said he is not here to talk about where roads will go or how many houses will be built. He said 21 1 he is talking about moving this resolution forward so the governments and community can come 2 together to have discussions about those things. He said he is looking forward to the future, 3 and people would rather have somewhere to live than somewhere to play. He said one cannot 4 live on a bike or on a walking trail, but one can live in affordable, mixed-use, work force housing. 5 He said now is the time to do the right thing and stop dividing the community when the 6 naysayers say they have met with certain people. He said this is about coming together and 7 doing the right thing, and loving one another. He said this resolution should move forward. 8 Margo Lakin said she is a resident of Orange County. She said the three jurisdictions 9 voting for the Greene Tract proposal are holding meetings concurrently tonight, so the public 10 had to choose which meeting to attend. She said there is a real chance the Commissioners will 11 vote without hearing from constituents, and the Commissioners cannot attend the two other 12 meetings where they could learn further information that could influence their vote. She said 13 she does not see how this process equitable and inclusive. She said throughout the community 14 hearings, there has been no voice opposed to affordable housing. She said the Rogers Road 15 plan is transparent and inclusive, and specifically lists the creation of quality affordable homes 16 as its priorities. She said this progressive plan has been replaced with what the Board will vote 17 on tonight with ambiguity and double speak, but more land open for development and has 18 affordable housing as a goal rather than a mandate. She said the public needs to ask itself why 19 the plan includes mixed use and commercial development, and perhaps it is paving the way for 20 commercial and market rate housing development by using the pretext of much needed 21 affordable housing as a means to garner community support and votes no matter how much the 22 public has been gas slighted. She said no public questions have been answered. She said she 23 is concerned for the environment, and asked the BOCC to vote no on this plan. 24 Delores Bailey said she is a long time resident of Orange County and the Executive 25 Director of EmPOWERment Inc. She said she is flustered because she has been working on 26 the Green Tract since 2003, so she is assuming that people are just finding out about it and that 27 is why they feel it is being rushed through, but it is not. She said 2003-2021 is a long time, and 28 she urged the BOCC to approve the resolution, as it is in line with the work of the Rogers Road 29 community. She said that the area everyone is so proud of now used to be a landfill and 30 somewhere no one wanted to live. She said the people living on Rogers Road stood through all 31 of that and fought that environmental fight, and what they want should happen. She said this 32 resolution is in complete alignment with what the Rogers Road community has asked for in 33 mapping the future. She said is has not been rushed at all. She said she understands that not 34 everyone understands the terminology, but this plan is very much environmentally sensitive. 35 She said tonight's resolution is just so the next step can happen and planning can continue. 36 She said this did not start last year, and tonight is the night to approve this resolution and move 37 to the next step. 38 Abel Hastings said 167 acres should be enough to do two things, but somehow the 39 debate has been turned into a `this or that' decision. He said affordable housing and preserved 40 green spaces are both important to the community. He said he had first hand experience with 41 communities working together, and though he was not part of the 2016 Rogers Road team, he 42 was a member of Neighbors United Around the Green Tract. He said, like the 2016 team, this 43 citizen group took part in an inclusive planning discussion that talked about tough issues. He 44 said this plan does not reflect the community's common themes in 2016 or now. He said the 45 resolution has a few alarming features, such as the reserved land being much smaller than ever 46 before and does not reflect guidance from county's environmental experts. He said roadways 47 and sewer does not sound like environmental preservation. He said development area can 48 include affordable housing which is great, but there is no restriction on the amount of market 49 rate commercial development. He said the Greene Tract is the largest forested area, and while 50 unofficial, it should be acknowledged as a park that is set to turn into development. He said he 51 is sad that the local governments did not follow through on recommendations from previous 22 1 teams to turn Greene Tract into both development and a park, because 167 acres should be 2 enough to do both. 3 Karen Reid said this is the culmination of years and years of planning. She thanked the 4 three municipalities. She said the issues of conservation and buffers for community and 5 headwaters are important, but she urged commissioners to move forward with the proposal and 6 continue having critical dialogue going forward. 7 Bishop Larry Reid said he lived through the Greene Tract being proposed as a landfill. 8 He said he has much to be thankful for that they have moved on from that, but the Rogers Road 9 community has still suffered greatly because of the landfill. He said this mistreatment can be 10 rectified by allowing the property owners to have a say in decisions. He urged the Board of 11 County Commissioners to please move forward. 12 Commissioner McKee said he has been involved in this conversation for 12 years now 13 and it was going on long before he got there. He said he hopes it will not continue long after he 14 is gone. He said many promises were made, but not kept, and the BOCC has tried to rectify 15 this in recent years. He said he appreciates Reverend Campbell's comments, which were 16 eloquent and true. He said he has heard no conversation about selling the land to commercial 17 development, and does not believe for one minute that the local governments will sell it to 18 developers. He said assigning only 20% to affordable housing is not acceptable. He said the 19 BOCC can lead, follow, or get out of the way. He said the county cannot get out of the way as it 20 is a landowner, so it needs to continue to lead. He said this is a concept plan, and it is not 21 meant to decide where every road and stop sign should go. He said the community can be 22 involved in making those decisions later. He said this plan needs to proceed. 23 Commissioner Richards thanked staff for the presentation, and said she is concerned by 24 lack of trust from the community. She said the county has proven itself to be committed to 25 affordable housing and conservation. She said accusations and misinformation from the public 26 are troubling. She said staff doubled the preservation area, and the reconfiguration is meant to 27 connect the two preserved areas so they are contiguous, and the Rogers Road community has 28 been able to speak for itself. She said as a citizen, she went to many meetings at Rogers Road 29 and they are speaking clearly for themselves. She said she will support moving forward. 30 Commissioner Hamilton thanked staff and community and elected officials for all the 31 years working on the Greene Tract. She said it has been 20 years of work towards this point. 32 She said it is an important process to hear the voice of the Rogers Road community but also the 33 voice of all of Orange County. She said she struggles with how and why the decision is timed. 34 She said there was public engagement/community outreach on November 7th and 8th, where 35 questions and accusations were raised, and also confusion that staff has not had the time to 36 respond to. She said there is information on the website, but staff has not been able to respond 37 to the questions people have asked and staff has not had time to address due to the vote on 38 November 16th. She said the lack of trust and transparency hurts the County's ability to do 39 things in the long run. She suggested delaying the vote to December 14th meeting. She said 40 she does not want to delay process, and is committed to seeing this property used to the benefit 41 of residents, and can still move this forward but do it in a way to allow people to have questions 42 answered. She said the municipalities and the county are committed to getting this done and 43 can do it in a way that is more transparent. 44 Commissioner Fowler said she believes in good faith that all are trying to move towards 45 what the community needs. She said she want to reserve green space, but there is a dire lack 46 of affordable housing. She said her main complaint is also about the process. She said she 47 first learned that this item would be on the agenda last Monday, and feels the BOCC should be 48 aware of upcoming items prior to the public being informed. She said she still has many 49 questions: the number of affordable units, roads, traffic, etc. She said it seems that the Rogers 50 Road community is in favor, based on comments tonight, and she wants to honor those desires. 51 She said she does not want to turn the neighborhood into a highway access. She said all 23 1 details will be decided in the future and she will be pushing on those details going forward but 2 will likely vote in favor of this. 3 Commissioner Greene said this has been a long process, and she was around in 2003, 4 and thoughts were very different then about what the needs of the community were, etc. She 5 said this plan has evolved to a clear point for a couple of years now. She said she appreciates 6 neighbors for speaking on behalf of the Rogers Road community who suffered the 7 consequences of the existing landfill. She agreed that the lack of trust is disturbing, but she 8 does not share discomfort about the lack of details at this time. She said the BOCC is 9 reconfiguring the land to preserve that, which should be preserved. She said there is much to 10 talk about later, but she wants to move forward tonight. 11 Commissioner Bedford agreed with her colleagues, and noted that the BOCC does not 12 have any new members to seat. She said she participated in one of the zoom public sessions, 13 and wants to talk about what future public events should involve. She said she also found it 14 concerning that the public knew about this being on agenda before she did. She said she 15 supports moving this process forward, as she has voted for it previously. She agreed that there 16 are many details to determine in future conversations, especially regarding affordable housing. 17 She said home based businesses may be a good option, along with other small stores. She 18 said the voices of the Rogers Road and Eubanks Road have to be respected, and they put up 19 with the landfill nonsense for far too long. She said in 2007, the CHCCS asked the towns and 20 counties to do a search for more land for schools, and 10 properties came back. She said 21 several were inappropriate for school sites, and this land is truly the last and only site for a 22 school. She said she wants to reassure people that around 2013-2014 the schools and the 23 BOCC decided to put new funds towards renovating older facilities. She said the older buildings 24 are smaller and capacity can be expanded. She said there is a lot to consider in next steps, 25 and she wants to be able to respect the change in affordable housing needs as the years go on. 26 She said Chapel Hill's planning department will the take lead on how everyone will be involved 27 in the planning. She said COVID has caused delays and she looks forward to being in person 28 to make great progress moving forward. She said it would have been better for this to be 29 brought to a work session to hash out wording before bringing it to an actual vote. She said it is 30 not too early to think about funding while working on the budget, and do some capital banking 31 now. She said the county committed last $2.5 million of its affordable housing bond to 32 Homestead Road projects. She said there is a lot of work to do, but she is committed to it. 33 Chair Price said it is time to invest in the Rogers/Eubanks community. She said the 34 county and municipalities have treated this community unfairly for decades, and she sees this 35 as another step in the right direction to provide housing, stability, and other services. She said it 36 would be great to have a local school. She said it is important to respect the voices of people 37 who live there. She said she walked around the neighborhood over the years and heard about 38 issues with their wells in the early 1990s. She said 30 years later the county is still trying to 39 provide a decent neighborhood for people who have been burdened for so long. She said there 40 was no intention of deception from staff or elected officials, and this evening's resolution is not 41 too far off from what the majority of the Board vote on two years ago. She said she is surprised 42 by the complaints and concerns. She said the towns and the county are trying to work jointly 43 and have things approved in the same timeline, so by the end of the week all boards are on the 44 same page. She said several statements went out to the general public to show that the towns 45 and county are trying to work together for the benefit of the community. She said she is ready 46 to support the resolution. 47 Commissioner McKee agreed with Chair Price's comments, and said the three partners 48 have to be in agreement. He said this is a reconfiguration, but is the same concept on which 49 the Board voted several years ago that will allow for recreation and animal movement. He said 50 he understands the concern with process, but there will always be a concern with process, and 51 at some point in time the BOCC has to move forward and now is the time. 24 1 Commissioner Richards said she is very unhappy with the process as she stood at the 2 Rogers Road meeting and told people the Board was not voting this week because she did not 3 know the Board was voting. She said she wants to be able to stand by her word. She said she 4 has evolve since that time and feels strongly that her personal vulnerability should not take 5 precedent over doing the right thing. She said moving this forward is the right thing, but wants 6 to have her strong displeasure with the process noted for the record. She does not want to be 7 put in that position again. 8 Commissioner Hamilton said process is important and the Board was not told this vote 9 was happening. She said it was not a matter of not paying attention or missing an email. She 10 said integrity is following a process where everyone is told, and this community is evolving with 11 new people are moving in all the time. She said this topic has been discussed for many years, 12 but some people will not have heard about it as they are new. She said just putting information 13 on a website is not acceptable. She said she will go ahead and support this now, but think that 14 answers to questions from November 7th and 8th should be on the website. She said the Mayors 15 and Chair need to rethink the whole way these meetings are done so there is no lack of 16 accountability to the rest of the commissioners. She said minutes may be needed. She said 17 timelines must be clear, and communicated well in advance. She said there is a lack of trust in 18 the government, and the structures are frustrating with one-way communication. She said the 19 BOCC needs to take responsibility to go above and beyond to make sure everyone is heard and 20 get the information out. She said the BOCC has the power, and bears the burden to use best 21 practices when working with people. She said she hopes this is the last time the Board is in this 22 position, as trust is important. She said the BOCC can address historical wrongs against 23 Rogers Eubanks community and make sure everyone gets their questions answered. 24 Commissioner Greene said she was also uncomfortable and unhappy that the Board did 25 not know this was on the agenda. She said her feelings have evolved on the issue, like 26 Commissioner Richards. She said there have been a lot of steps over years to get to this point, 27 and tonight's vote does not make any substantive decisions. She said she hopes public input is 28 handled in a better way going forward. 29 Commissioner Bedford said she wants to bring back the process from a couple of years 30 ago where the Mayors and Chair meetings include the vice chair and other deputies. 31 32 A motion was made by Commissioner Bedford, seconded by Commissioner McKee, to 33 approve the Greene Tract Resolution Approving the Draft Recombination Plat and Conceptual 34 Plan, and authorize the Chair to sign. 35 36 Chair Price made a friendly amendment to Commissioner Bedford's motion, to amend it 37 to 104 acres. 38 Commissioner McKee seconded. 39 40 Chair Price said she did not realize the commissioners were not getting the emails from 41 Maggie Chotas, facilitator for the Mayors/Chair meetings. She said she will be sure to send all 42 notes to the BOCC moving forward. 43 44 Roll call ensued 45 46 VOTE: UNANIMOUS 47 48 Chair Price said this has been a long process, and all are acting with good intent. She 49 said the purpose of the meeting at the Rogers Eubanks Neighborhood Association was to make 50 sure everyone had access to the same information. 51 25 1 b. Opt-in to the National Settlement with Janssen and National Distributors 2 3 The Board considered entering the national settlement as previously approved by the 4 Board of Commissioners in Closed Session. 5 6 BACKGROUND: 7 As previously reported to the Board of Commissioners, the County's national attorneys have 8 been negotiating with multiple defendants in the national opioid litigation in order to reach a 9 settlement. There are two proposed nationwide settlement agreements ("Settlements") that 10 have been reached that will resolve all opioid litigation brought by states and local political 11 subdivisions against the three largest pharmaceutical distributors, McKesson, Cardinal Health, 12 and AmerisourceBergen ("Distributors"), and one manufacturer, Janssen Pharmaceuticals, Inc., 13 and its parent company Johnson & Johnson (collectively, "Janssen"). This leaves open 14 litigation against numerous other and generally smaller corporate defendants. 15 16 The proposed Settlements require the Distributors and Janssen to pay billions of dollars to 17 abate the opioid epidemic. Specifically, the Settlements require the Distributors to pay up to $21 18 billion over 18 years and Janssen to pay up to $5 billion over no more than 9 years, for a total of 19 $26 billion (the "Settlement Amount"). Of the Settlement Amount, approximately $22.7 billion is 20 earmarked for use by participating states and subdivisions to remediate and abate the impacts 21 of the opioid crisis. 22 23 The Settlements also contain injunctive relief provisions governing the opioid marketing, sale 24 and distribution practices at the heart of the states' and subdivisions' lawsuits and further 25 require the Distributors to implement additional safeguards to prevent diversion of prescription 26 opioids. 27 28 Each of the proposed Settlements has two key participation steps. First, each state decides 29 whether to participate in the Settlements. North Carolina has joined both Settlements. Second, 30 the subdivisions within each participating state must then decide whether to participate in the 31 Settlements. The Board of Commissioners has approved participation in closed session and 32 this action is to formally enter the settlement. 33 34 By formally entering the settlement and executing the attached documents, Orange County will 35 release the Distributors and Janssen from further liability related to opioid impacts in Orange 36 County and the County will gain access to the settlement funds allotted to North Carolina. 37 38 John Roberts, County Attorney, reviewed the background information for the item, and 39 said this is something the Board previously tentatively approved in closed session. He said the 40 BOCC was previously advised as the litigation progressed, and authorized him to communicate 41 to the national attorneys that Orange County was willing to participate in the settlement. He said 42 in open session, the Board approved a memorandum of agreement with the state on how to 43 divide up the settlement and bankruptcy funds for the defendants. He said the settlement 44 agreement has a little over $22 billion from the defendants that are settling this particular 45 litigation that is going to be governed by the memorandum of agreement with the state. He said 46 funds from bankruptcies of defendants will also be governed by the memorandum of agreement 47 with the state. He said 80% of the funds will go directly to local governments, and will come to 48 the county over the next 18 years. He said the Board is being asked to sign the participation 49 agreements, which will formally enter Orange County into the settlement agreement. 50 Commissioner Greene asked if the county and Chapel Hill will be entitled to 85% rather 51 than 80% for signing before October 1St 26 1 John Roberts said the county will get a distribution from that extra 5%, not receive 5% 2 more total. He said he does not know the dollar amount, but it is an incentive fund for counties 3 that got larger towns in their jurisdictions to also sign onto the settlement. 4 Commissioner Greene said North Carolina's share of the settlement is $750 million, so 5 Chapel Hill's share (based on deaths, pills distributed, etc.) is a little over 1%, which is roughly 6 $7.5 million. She said if the Purdue settlement is finalized, it will add another$1 million to 7 Orange County over 18 years. 8 9 A motion was made by Commissioner Greene and seconded by Commissioner Fowler, 10 to approve final entry into the settlement and authorize the Chair to sign the opt-ins and any 11 other documentation necessary to enter and finalize the settlement on behalf of Orange County. 12 13 Roll call ensued 14 15 VOTE: UNANIMOUS 16 17 7. Reports 18 None 19 20 8. Consent Agenda 21 22 • Removal of Any Items from Consent Agenda 23 None 24 25 • Approval of Remaining Consent Agenda 26 27 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to 28 approve the consent agenda. 29 30 Roll call ensued 31 32 VOTE: UNANIMOUS 33 34 Discussion and Approval of the Items Removed from the Consent Agenda 35 None 36 37 a. Minutes 38 The Board approved minutes from the October 5, 2021 Virtual Business Meeting. 39 b. Tyler Technologies Multi-Year Contract Addendum 40 The Board approved and authorized the Manager to sign a five year software maintenance and 41 support contract addendum (paid annually) with Tyler Technologies, Inc. 42 c. Approval of Inter-local Agreement Renewal and Master Plan — Little River Regional 43 Park and Natural Area 44 The Board renewed the inter-local agreement for Little River Regional Park and Natural Area 45 between Orange and Durham counties, for the jointly-owned park and natural area, and to 46 approve the Park Master Plan (which includes the Management Plan). 47 d. Approval of Trail Easement and Conservation Easement Amendment— Carl and Eve 48 Shy Property 27 1 The Board accepted a trail easement donation for the purpose of construction of a section of the 2 NC Mountains-to-Sea Trail (MST) and a small parking area, and to approve an amendment of 3 an existing conservation easement held by the County. 4 e. Orange County Sportplex Field House Stormwater Control Measure Access and 5 Maintenance Easement and Agreement with Town of Hillsborough (103 Meadowlands 6 Drive, Hillsborough) 7 The Board approved a Stormwater Control Measure Access and Maintenance Easement and 8 Agreement with the Town of Hillsborough for the Orange County Sportsplex Field House 9 Stormwater Control Measures; and considered authorizing the Chair to sign the necessary 10 paperwork upon final County Attorney review. 11 f. Fiscal Year 2021-22 Budget Amendment#4 12 The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year 13 2021-22 for the Department of Social Services; Library Services; County Attorney; Health 14 Department; and the Planning and Inspections Department. 15 g. Fine Free Initiative for Orange County Library Services and Approval of Budget 16 Amendment#4-A 17 The Board approved the elimination of late fines for Orange County library patrons, including the 18 immediate elimination of all late fines and forgiveness of all existing fines, and approve Budget 19 Amendment#4-A. 20 h. Approval of WatchGuard Agreement for In-Car Video System and Evidence 21 Management Software 22 The Board approved the WatchGuard Agreement for in-car video system and evidence 23 management software for the Sheriff's Office. 24 i. Approval of Chapel Hill-Orange County Visitors Bureau Advisory Board Amended 25 Policies and Procedures 26 The Board approved amendments to the Chapel Hill/Orange County Visitors Bureau Advisory 27 Board Policy and Procedures document to remove the Orange County residency requirement 28 for members, and to address other housekeeping updates. 29 30 9. County Manager's Report 31 Bonnie Hammersley reiterated that the library is going fine free. She said current fines 32 will be forgiven, and a press release is ready to go out in the morning so that residents know. 33 She said this was an anticipated item for the 2021-2022 budget, and the county tried to 34 coordinate timing with the Chapel Hill Library, but the town did not make the decision in time for 35 Orange County to catch on board. She said the libraries try to do the same things and have 36 similar policies and procedures. She said this is something that will be worked on by the Library 37 Task Force, and she looks forward to coordinating efforts between the county and town 38 libraries. 39 Bonnie Hammersley gave an update on the 203 Greensboro Project in Carrboro, which 40 will eventually potentially house a southern branch library and workforce development center. 41 She said Travis Myren sent email to the commissioners on November 11th indicating the 42 increase of$5.9 million for cost of project. She said staff is conducting a value engineering 43 exercise, and is working on timeline for that and will bring it to the Board. She hopes to find 44 ways to reduce the increase. She said the value engineering does take time, and the cost 45 increases are unfortunate. She said there was detail in the memo that highlighted some of the 46 increases, some of which were incredibly significant. She said the increases have to do with 47 what is happening in the economy, but it seems higher than staff expected this project to go. 48 49 10. County Attorney's Report 50 John Roberts said the legislature is considering three elections bills tomorrow: one 51 adjusts dates and times certain ballots have to be in, the other prohibits private money to be 28 1 used in funding elections or hiring elections personnel. He said the main focus is still on getting 2 the budget done. 3 Commissioner McKee asked if John Roberts to explain the second bill. 4 John Roberts said he does not know what led to this bill, but it adds the following 5 language to the elections section of the general statute "nothing in this chapter shall grant 6 authority to county boards of elections to accept private monetary donations, directly or 7 indirectly, for conducting elections or employing individuals on a temporary basis". He said if 8 the Commissioners are interested, he can ask for more information form the North Carolina 9 Association of County Commissioners (NCACC) staff. He said sometimes these bills are 10 directed at one county that acted in a way the legislature didn't like. 11 Commissioner McKee said he is interested to know more, because he does not 12 understand how that behavior could have been legal to start with. 13 John Roberts said he does not understand either, but sometimes a county will do 14 something the legislature does not like and they will simply clarify the law based on the 15 circumstance. He said he will look into the cause of the bill and report back. 16 17 11. *Appointments 18 None 19 20 12. Information Items 21 22 • November 4, 2021 BOCC Meeting Follow-up Actions List 23 • Memorandum — Outreach Status as Follow-up to the Buckhorn Area Study 24 25 13. Closed Session 26 None 27 28 14. Adjournment 29 30 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to 31 adjourn the meeting at 9:38 p.m. 32 33 Roll call ensued 34 35 VOTE: UNANMIOUS 36 37 Renee Price, Chair 38 39 Tara May 40 Deputy Clerk to the Board 41 42 Submitted for approval by Laura Jensen, Clerk to the Board. Attachment 2 1 1 MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 VIRTUAL BUSINESS MEETING 5 December 6, 2021 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Virtual Business Meeting on Monday, 9 December 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, Sally Greene, Earl McKee (arrived at 7:05 13 p.m.), and Anna Richards 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 Commissioner McKee. 23 24 Due to current public health concerns, the Board of Commissioners is conducting a Virtual 25 Business Meeting on Monday, December 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 Chair Price dispensed with reading the public charge. 39 40 Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks 41 those attending this meeting to conduct themselves in a respectful, courteous manner toward 42 each other, county staff and the commissioners. At any time should a member of the Board or 43 the public fail to observe this charge, the Chair will take steps to restore order and decorum. 44 Should it become impossible to restore order and continue the meeting, the Chair will recess 45 the meeting until such time that a genuine commitment to this public charge is observed. The 46 BOCC asks that all electronic devices such as cell phones, pagers, and computers should 47 please be turned off or set to silent/vibrate. Please be kind to everyone. 48 49 2 1 Board Organization 2 3 a. Election of Chair and Vice-Chair 4 Laura Jensen described the process the Board of County Commissioners (BOCC) will 5 follow to nominate and vote on the nominees for Chair and Vice Chair. She said she will ask 6 the Board for nominations for Chair, which will need to receive a first and second. She said she 7 will then ask for a motion to close the nominations, which will also need to be first and 8 seconded. She said there will be a roll call vote to close the nominations, followed by a roll call 9 vote for the nominees. 10 Chair Price paused the process to allow Commissioner McKee to join. 11 Commissioner Fowler said she would like to make a nomination when Commissioner 12 McKee has joined. 13 14 Commissioner McKee arrived at 7:05 p.m. 15 16 Laura Jensen asked the Board for nominations for the Chair of the Board of County 17 Commissioners. 18 19 Commissioner Fowler nominated Commissioner Price to serve as Chair of the Board. 20 Commissioner McKee seconded the nomination. 21 22 A motion was made by Commissioner Bedford, seconded by Commissioner Greene, to 23 close the nominations. 24 25 Roll call ensued 26 27 VOTE: UNANIMOUS 28 29 Laura Jensen said the Board would now take a vote on Commissioner Price as the 30 nominee to serve as Chair of the Board of County Commissioners. 31 32 Roll call ensued 33 34 VOTE: UNANIMOUS 35 36 Laura Jensen asked the Board for nominations for Vice-Chair of the Board of County 37 Commissioners. 38 39 Commissioner McKee nominated Commissioner Bedford to serve as Vice-Chair of the 40 Board. Commissioner Greene seconded the nomination. 41 42 A motion was made by Commissioner Hamilton, seconded by Commissioner Fowler, to 43 close the nominations. 44 45 Roll call ensued 46 47 VOTE: UNANIMOUS 48 49 Laura Jensen indicated the Board would now take a vote on Commissioner Bedford as 50 the nominee to serve as Vice-Chair of the Board of County Commissioners. 51 Roll call ensued 3 1 2 VOTE: UNANIMOUS 3 4 Chair Price thanked the Commissioners for entrusting her to serve as Chair for an 5 additional year. She said the Board works well together and she enjoys the comradery. 6 Commissioner Bedford thanked the Board for voting for her for Vice-Chair. She said she 7 knows Chair Price will be busy this year and encouraged her to call on colleagues if needed. 8 9 b. Designation of Voting Delegate for all North Carolina Association of County 10 Commissioners (NCACC) and National Association of Counties (NACo) Meetings 1 1 for Calendar Year December 1, 2021-2022 12 13 Commissioner McKee nominated Commissioner Greene to serve as the NCACC voting 14 delegate for the coming year. Commissioner Bedford seconded the nomination. 15 16 Roll call ensued 17 18 VOTE: UNANIMOUS 19 20 Commissioner Fowler nominated Chair Price to serve as the NACo delegate for the 21 coming year. Commissioner McKee seconded the nomination. 22 23 Roll call ensued 24 25 VOTE: UNANIMOUS 26 27 1. Additions or Changes to the Agenda 28 None. 29 30 2. Public Comments 31 32 a. Matters not on the Printed Agenda 33 None. 34 35 b. Matters on the Printed Agenda 36 (These matters will be considered when the Board addresses that item on the agenda 37 below.) 38 39 3. Announcements, Petitions and Comments by Board Members 40 Commissioner Fowler said she attended the Behavioral Health Task Force meeting on 41 November 18th. She said the big news from the meeting is the county's switch from Cardinal to 42 Alliance as its MCO, and continued work on a diversion facility. She said news should be 43 forthcoming on the architectural plans for the facility. She said she attended the JCPC meeting 44 last Friday and $15,000 of the $25,000 in leftover funding was allocated to Wren House for 45 much needed renovations. She said with this allocation, only $10,000 will have to be given 46 back to the state. She said among the various providers, numbers served are up again from 47 where they were down due to COVID. 48 Commissioner Richards said she has nothing to report. 49 Commissioner Hamilton said the first meeting of the Capital Needs Work Group took 50 place November 291h. She said this group was formed to look at the facility needs of the K-12 4 1 public schools, and it is comprised of elected officials and staff from the County as well as the 2 Orange County Schools (OCS) and Chapel Hill-Carrboro City Schools (CHCCS) districts. She 3 said she is serving as the Chair with Bonnie Hauser, member of the OCS board of education, 4 serving as Vice-Chair. She said Gary Donaldson, Orange County Chief Financial Officer, gave 5 a presentation on the finances for capital needs for schools. She said the work group will meet 6 again on January 10th at 8:00 a.m. She said Chair Price is the other commissioner on the 7 Capital Needs Work Group. She said the Board of Health also met on November 171h and 8 wrapped up work for the year. 9 Commissioner Bedford said she sat in on the Alliance Health Board Meeting last 10 Thursday, and the transition is effective December 1 st. She said it will take a billing cycle to 11 work through some of the wrinkles, due to the transition. She said she forwarded a letter from 12 the Alliance Board Chair welcoming Orange County. 13 Commissioner Greene said the Cedar Ridge High School women's volleyball team won 14 the state championship, which is the school's first state championship since 2003, when the 15 men's track team won. She said she became aware of this achievement during the 16 Hillsborough Holiday Parade, where she was positioned in front of the team's float. 17 Commissioner McKee said the parade was well received, and there was a large crowd in 18 attendance. He said there is a milestone coming up for the Broadband Task Force in the next 19 couple of weeks when RFPs are due back. He said the task force will be meeting on 20 Wednesday to discuss how those will be opened, followed by another meeting in a couple of 21 weeks to actually look over and evaluate them. He said the group will also look into some short 22 term wireless options, until the fiber fix can be implemented. He said this will be an expensive 23 and long project, but he is glad that it is moving forward. 24 Chair Price said there is draft Rules of Procedure as an information item in tonight's 25 packet, and the Board will be voting on that at the December 14th meeting. She said the main 26 changes were just correctional updates. She said the rules can be amended in the future, but 27 she hopes this can serve as a basis that is accurate. She reminded the public that the mask 28 mandate is still in effect in public indoor spaces, in light of the Omicron variant. She asked if the 29 board would like to recognize the Cedar Ridge volleyball team at their next meeting with a 30 proclamation. She said December 6, 1865 was the day of the ratification of the 1311 31 Amendment, declaring the abolition of slavery and involuntary servitude, except as punishment 32 for a convicted crime. She said therein lies the rub because there are issues with that clause, 33 and vestiges still remain, but today marks 156 years since the abolition of slavery in the United 34 States. 35 Commissioner Greene said there was an item in the Rules of Procedure, to which she 36 wanted to propose an amendment. 37 Chair Price said that can be considered next week, if the Board would like. She said it 38 was not her intention to go through the Rules of Procedure thoroughly, but just to make 39 corrections for accuracy. 40 Commissioner Bedford asked if Commissioner Greene would send the proposed 41 amendment to the Clerk for distribution to the Board. 42 43 4. Proclamations/ Resolutions/Special Presentations 44 None. 45 46 5. Public Hearings 47 None. 48 49 6. Regular Agenda 50 5 1 a. First Reading of Amendments of Portions of the Code of Ordinances to Comply 2 with North Carolina Session Law 2021-138 3 The Board considered the first reading of ordinances having misdemeanors as one of 4 the available enforcement options and repealed the misdemeanor provision as may be required 5 by law. The proposed updates and revisions will be presented for second reading approval at 6 the Board's December 14, 2021 Business meeting. 7 8 BACKGROUND: 9 As previously reported to the Board of Commissioners, the North Carolina General Assembly 10 recently passed and the Governor signed into law an act that prohibits certain local government 11 ordinances from having criminal penalties and requires a new adoption process for other local 12 government ordinances that have criminal (misdemeanor) penalties. Part XIII of North Carolina 13 Session Law 2021-138 reads in pertinent part: 14 15 § 153A-123. Enforcement of ordinances. 16 17 (b)Except for the types of ordinances listed in subsection (b 1) of this section, violation of 18 a county ordinance may be a misdemeanor or infraction as provided by G.S. 14-4 only if 19 the county specifies such in the ordinance. An ordinance may provide by express 20 statement that the maximum fine, term of imprisonment, or infraction penalty to be 21 imposed for a violation is some amount of money or number of days less than the 22 maximum imposed by G.S. 14-4. Notwithstanding G.S. 153A-45, no ordinance 23 specifying a criminal penalty may be enacted at the meeting in which it is first 24 introduced. 25 26 (b 1) No ordinance of the following types may impose a criminal penalty.- 27 enalty.27 (1) Any ordinance adopted under Article 18 of this Chapter, Planning and 28 Regulation of Development or, its successor, Chapter 160D of the General 29 Statutes, except for those ordinances related to unsafe buildings. 30 (2) Any ordinance adopted pursuant to G.S. 153A-134, Regulating and licensing 31 businesses, trades, etc. 32 (3) Any ordinance adopted pursuant to G.S. 153A-138, Registration of mobile 33 homes, house trailers, etc. 34 (4) Any ordinance adopted pursuant to G.S. 153A-140.1, Stream-clearing 35 programs. 36 (5) Any ordinance adopted pursuant to G.S. 153A-143, Regulation of outdoor 37 advertising or, its successor, G.S. 160D-912, Outdoor advertising. 38 (6) Any ordinance adopted pursuant to G.S. 153A-144, Limitations on regulating 39 solar collectors or, its successor, G.S. 160D-914, Solar collectors. 40 (7) Any ordinance adopted pursuant to G.S. 153A-145, Limitations on regulating 41 cisterns and rain barrels. 42 (8) Any ordinance regulating trees. 43 44 In considering the recommended changes, the Board may wish to examine the full section of 45 the ordinance in addition to the subsections shown on Attachment 1. Due to the number of 46 sections in need of amendment or re-adoption, it is not practical to attach the entire 600 plus 47 Code of Ordinances. The Board and the public may view the Code of Ordinances at this link. 48 Each section may be accessed by clicking the Chapters linked on the left hand side of the page. 49 50 In order to comply with the provisions of subsection (b1) of the session law, the following 51 ordinances should have the misdemeanor penalties removed from the ordinance. 6 1 2 Code of Ordinances --- First Reading --- Text Amendments as reflected in Attachment 1 3 4 o Chapter 1; Section 1-7 - General Penalties --- Language amended 5 o Chapter 4; Section 4-51 ---Animal Control Generally ----Clarifies that now all 6 violations of the animal control ordinance are intended to automatically be 7 misdemeanors 8 o Chapter 8; Section 8-42 — Regulation of Massage Businesses --- Misdemeanor 9 language replaced by civil penalty 10 o Chapter 8; Section 8-81 —Tax on Gross Receipts for the lease or rental of motor 11 vehicles --- Misdemeanor language removed 12 o Chapter 8; Section 8-100 — Regulation of Sexually Oriented Businesses --- 13 Misdemeanor language replaced by civil penalty 14 o Chapter 8; Section 8-122 — Regulation of Mobile Food Vending Businesses --- 15 Misdemeanor language replaced by civil penalty 16 o Chapter 18; Section 18-156 —Weapons --- Clarifies possession on County 17 property is a misdemeanor rather than relying on the general language in Section 18 1-7 19 20 There is consensus among local government attorneys that the substantial change in the 21 manner in which ordinances that have a misdemeanor penalty are adopted into law should be 22 addressed by the governing board, out of an abundance of caution, by re-adopting those 23 provisions under the new method. The ordinances in the Code that provide for a misdemeanor 24 penalty include the following sections. 25 26 Code of Ordinances --- First Reading --- No Changes to Language 27 28 o Chapter 4; Section 4-42 --- Control of Dangerous Animals 29 o Chapter 4; Section 4-51 ---Animal Control Generally 30 o Chapter 4; Section 4-133 --- Display of Wild Animals 31 o Chapter 4; Section 4-184 --- Keeping Wild Animals 32 o Chapter 14; Section 14-42 --- State of Emergency 33 o Chapter 14; Section 14-83 --- Emergency Management 34 o Chapter 14; Section 14-129 --- Rescue Franchise Agreements 35 o Chapter 14; Section 14-261 --- Oil Pollution and Hazardous Substances 36 o Chapter 16; Section 16-37 --- Smoking 37 o Chapter 16; Section 16-57 --- Noise 38 o Chapter 24; Section 24-1 --- Hunting and Fishing 39 o Chapter 24; Section 24-3 --- Firearms Discharge 40 o Chapter 24; Section 24-4 --- Fireworks Display 41 o Chapter 34; Section 34-1 --- Disposal of Solid Waste 42 o Chapter 34; Section 34-47 --- Solid Waste Collection and Disposal 43 o Chapter 34; Section 34-77 --- Recyclable Materials 44 o Chapter 36; Section 36-34 --- General Water Conservation 45 o Chapter 36; Section 36-67 --- Emergency Water Conservation 46 o Unified Development Ordinance; The UDO has provisions that must be 47 amended, however, the process to amend the UDO is more involved than that of 48 the Code and the Planning Department is moving the UDO amendments through 49 that process. 50 7 1 There has been discussion previously by Board members about the necessity for the 2 misdemeanor penalty provisions of some ordinances. Contrary to what may be generally 3 believed, the goal of the penalty sections of the ordinances is compliance rather than 4 punishment. Generally a civil citation for a violation would issue prior to any misdemeanor 5 citation. And, for the most part, once the offender is in compliance the civil penalty, if any was 6 assessed, may be waived in whole or in part depending on the circumstances. Having a 7 misdemeanor option is another avenue to encourage compliance either through the threat of 8 enforcement or when a civil penalty fails. The only ordinance violations that regularly involve 9 misdemeanor penalties are violations of the Animal Control Ordinance. When misdemeanor 10 violations are charged, the outcome is out of the hands of County staff and is decided by the 11 District Attorney. For these reasons misdemeanor penalties are rarely pursued for violations of 12 ordinances other than for violations of the Animal Control Ordinance. 13 14 John Roberts reviewed the background information for the item. He said several months 15 ago, the Governor signed a bill into law that is the result of several years of research done by 16 the General Assembly, looking at each county and city's ordinances for misdemeanor 17 provisions. He said he believes the intention was to remove most misdemeanor authority from 18 local governments. He said the advisory committee for the study came back with a limitation on 19 what local governments could adopt misdemeanor penalties for. He said the documents 20 provided in the agenda packet were actually a draft, and he will share his screen to show to 21 correct final documents. 22 John Roberts focused on subsection b1 as written above, which has the limitation. He 23 said the LIDO has to be amended, and will be on the December 14, 2021 agenda. He said this 24 evening the Board will see subsection 2, which refers to ordinances regulating businesses. He 25 said he is recommending addressing with amendments to misdemeanor language. He said 26 much of subsection b1 is not something for which Orange County has an ordinance. He said 27 prior boards have asked why misdemeanor penalties are there at all. He said these are not 28 something intended to fine or convict people, but rather are intended to encourage compliance. 29 He said most ordinances have multiple avenues for pursuing penalties, including civil and 30 criminal penalties up to a Class 3 misdemeanor. He said since he has been at the county, he is 31 not aware of any misdemeanors being enforced other than the Animal Control Ordinance. He 32 said the Board can look at removing misdemeanors in the future if it would like. He said the first 33 section has some minor amendments to change the misdemeanor language, and the second 34 thing is readopting misdemeanors as a best practice measure to address the new method 35 imposed by the General Assembly. He said there are very few sections where he is 36 recommending the Board make any change. He reviewed the few changes. 37 Chair Price said the language in the ordinance is "punished by a fine", and asked John 38 Roberts to clarify his point that these provisions are not intended as punishment. She said it 39 seems contradictory to say this. 40 John Roberts said a fine can be a civil fine as well. He said this language is in here 41 because some of the misdemeanor language refers back to 1-7, and he felt it needed to be 42 clearer. He asked if the Board would like to change this. 43 Chair Price said no because she does not have any alternate suggestions, but just 44 wanted to point out the language of the ordinance goes against the idea that these provisions 45 are in place to encourage compliance, rather than impose punishment. 46 John Roberts said since he has been with the county, the only misdemeanors enforced 47 were for violations of the Animal Control Ordinance. 48 John Roberts continued his presentation. He went over the section where he is 49 recommending no changes as shown in the background information for the item and on 50 Attachment 1. He said he is asking the Board to readopt these sections at the December 14, 51 2021 meeting. He clarified that no vote on this is necessary tonight. 8 1 Commissioner Richards asked if the state is limiting what local governments can do, and 2 if this is the legislature trying to come in and recriminalize things in light of local governments 3 attempting to decriminalize. 4 John Roberts said this is not related to the movement to decriminalize some things. He 5 said, several years ago, the General Assembly asked local governments to provide a list of all 6 ordinances with misdemeanor penalties. He said this is the culmination of that request. He 7 said this started out as the legislature trying to strip authority from local governments as they 8 have done continuously over the last 10-12 years. He said this list resulted from these 9 discussions. He said a lot of the items that local governments can no longer regulate via 10 misdemeanor are things the General Assembly likes, such as planning, billboards, businesses, 11 etc. 12 Chair Price said the remedies indicate the County Manager or their designee may 13 assess civil penalties. She said a lot of this is under the LIDO, and asked if there is a process in 14 place if there is a violation. 15 John Roberts said a previous manager delegated enforcement of ordinances to the 16 department that deals with that ordinance, for example: Animal Services and the Dangerous 17 Dogs Ordinance. He said Animal services issues a citation and works with the County 18 Attorney's office, who then works with Assistant District Attorney assigned to it. He said there 19 will be either a misdemeanor, out of court settlement, or some other enforcement action for 20 violation of the ordinance. 21 Chair Price asked if department heads have authority to issue citation based on a report 22 from a member of the public. 23 John Roberts said in some departments, yes, but in others they would have to call the 24 Sheriff and ask for an investigation. 25 Chair Price said this item will be brought back next week, December 14, 2021, for a 26 second reading and vote. 27 28 b. Approval of an Allocation Framework for the FY2020-21 Financial Results 29 The Board considered approving an allocation framework for the FY2020-21 financial 30 results, which resulted in a total net positive financial positon of approximately $12 million, with 31 the approved framework to be codified in a budget amendment for consideration at a future 32 meeting. 33 34 BACKGROUND: 35 This abstract provides a high level summary of the attached Update on FY2020-21 Year End 36 Financial Results report which provides a more detailed discussion of the sources and proposed 37 uses of the County's positive net financial positon ending on June 30, 2021. 38 39 The results of the FY2020-21 financial audit will show positive results in two areas. On an 40 operating basis, the audit will show a surplus of approximately $8.9 million before transfers. Of 41 that amount, approximately $8 million is available for a mid-year budget adjustment. In addition, 42 the fund balance reconciliation contained in the audit will show $4 million in available one time 43 resources resulting from a decrease in the fund balance appropriation used to balance the 44 FY2020-21 Budget compared to the smaller amount appropriated to balance the FY2021-22 45 Budget. 46 47 The positive operating results relied on revenue collections that exceeded budgeted 48 expectations and intentional expenditure restrictions that limited expenditures to below 49 budgeted amounts. Some of these variances are expected to be recurring or ongoing while 50 others are non-recurring or one time occurrences. 51 9 Source Amount Recurring vs. Non- Recurring Property Tax Collection Rate $1,600,000 Recurring • 98.7% Budgeted • 99.27% Actual Motor Vehicle Tax Collection Rate $ 400,000 Recurring • 99.4% Budgeted 103.8% Actual (exceeds 100% due to payment of delinquent bills Sales Tax Collections (Articles 39, $4,000,000 Recurring 40 and 42) • Budgeted to decrease by 4.5% Actual Collections exceed Budget by 17.4% Medicaid Hold Harmless $2,000,000 Non-Recurring • Budgeted at $1.75 million • Actual Payment - $3.75 million No Use of Fund Balance to Balance $4,000,000 Non-Recurring Budget • $8,200,000 Budgeted $1,900,000 Assigned to FY2021-22 Budget • $2,300,000 Allocated to maintain 16% Unassigned Fund Balance $4,000,000 Available for Allocation TOTAL00i 000 1 2 Based on the recurring and non-recurring nature of the variances outlined above, the following 3 table proposes specific uses for those funds. A more detailed description of the proposed 4 allocations is contained in the attached Update on FY2020-21 Year End Financial Results 5 report. 6 Proposed Recurring Employee Wage Adjustment $ (1,883,875) Recurring • Three percent wage increase retroactive to July 1, 2021 Schools Opportunity Gap & Mental $ (1,500,000) Recurring Health Fund • Allocated by average daily membership • Schools to provide spending plan • Track progress on key indicators FEMA Back Stop $ (407,543) Non-Recurring • Reserved for unreimbursed COVID-19 emergency expenditures • May be repurposed if reimbursement occurs Ineligible Federal Expenses $ (2,228,629) Non-Recurring 10 • Sportsplex Deficit • Visitors Bureau Deficit • Information Technology Expenses for County use • Expenses not eligible under evolving federal regulations Outside Agencies $ (1,729,953) Non-Recurring • Substitute general fund resources for proposed ARPA funding due to rigorous reporting requirements for sub recipients Crisis Diversion Facility Design $ (250,000) Non-Recurring • Conceptual design funding for potential new facility Transfer to Capital Reserve Non-Recurring • Reserved to fund existing debt $ (4,000,000) financed projects or increase capital funding for priority projects • A decision on how to allocate this funding could be made at a later date TOTALGRAND (12,000,000) 1 2 Commissioner Bedford said it is always good news when there is an adjustment due to 3 additional revenue, rather than additional expenses. She said the suggested framework was 4 thoughtful and captured the will of what the Board previously wanted to do with the budget, but 5 could not. 6 Travis Myren said this additional revenue is good news, but is not something that is 7 expected to happen every year. He said the county should typically be projecting better, but the 8 pandemic caused this discrepancy in projection and reality. He made the following PowerPoint 9 presentation: 10 11 11 1 Slide #1 Agenda Item Clb. ORANGE COUNTY NORTH CAROLINA, Approval of art Allocation Framework for the FY2020-21 Financial Results Board of Orange County Commissioners December 6, 2021 2 3 4 Slide #2 The Context far the FY2020-21 Budget Uncertainty Aggressive Interventions • created and Approved touring • Remote Work—Online Stay at Horne order Consumerism Unemployment Increasing • County Small Business Grants • State Directed-Conservative • Federal Funds to Counties and Revenue Projections Municipalities — Maintain Counly Services • Intentional Cost Containment — Prds*rva social sarety xet Strategies • Direct Federal Payments to Individuals ORAINGE COUN Y n:©¢n r CkROLINA 5 6 7 Travis Myren said staff had no idea what to expect when the 2020-2021 budget was first 8 proposed, only six weeks into the stay-at-home order. He said the idea was to operate 9 conservatively, as the Department of Revenue was advising counties to be careful about 10 projecting revenues and to not rely on the same hold harmless payment as received in the past. 11 He said, due to a change in how sales tax was delivered a few years ago, an increase in online 12 shopping during pandemic resulted in higher sales tax revenue. He said stimulus payments 13 also had an impact on this, as seen in slide #4. He resumed the PowerPoint presentation: 14 15 12 1 Slide #3 i=Y20 0- 1 Year End Results Actual Operating Revenues Over Budgeted Levels Actual Operating Expenditures Under Budget Nan- PFgwrty TaxCo1wcllon Rate 31040W Racunng 99 lye Bwoeled 99.27%AcDjal NkKar Which TekCafteCon bate FAD3,D76 Recurring * 99.4%Budgeted * 1939" Actual [exceeds 10496 due to RaWmrd Qf defrquent t+lISL 8alW%x one tr+;i54R[ cunnng MgetM Po decrease IYF d 5% AM81 0019nons emLe Budget a9 169% MMIcald NON Pbrmleas 52.WD OD] HMJ2e€urnng * Budgeted al$1.75 rnikicn * Am al Qapnenl-$3.75 m1kan a as of Fund Balmmeta Bzkmcv Budget fA.000.0meQMFlg M.2GD aD3&Klgeted 51,9]6 aD3 A.9919,ed to F'Y2021,22 Budget 52,30aaD3 AMcated to rreirtaln 1B% Unesagned Fund Baince Sd,D]a aDa AaeliaGle Ty mocanan 2 3 4 Slide #4 Sales Tax Illustration Sales Fax Callecwms by Month AU6j3MW 3rd W—k..lM h 3Pd1 y. Ind 5a4nsiA-C_effa&2020 - S25CFm* i 5LHCAK* 1 5t ulLL-.9y3F2P2P. SLilCA M SSUQEO4Pp Woe*(Mo s r '�!m icl�rar dmor� 4a.�mv O.�u.sui iu�V cc, c Luxc 4ii L'u, ..c '�9Q',�.pC=ffii ORANGE COUNTY NOR7]T CkROLINA 5 6 7 8 13 1 Slide #5 Framework for Mid-Year Budget Adjustment EfflplloVee 5 11,P53b75J rnnin4 'LThee pefcenl f3%)walle increase re�wclrw to July 1,21,21 _ hoolsCpµominity04polYlsm�lHeailtfiFund t [9,`�iQ.Or J urnng Allacarnn by asaragie daily mierrt,ership Sd—iads ro protide spending plan Track progress on Euey Inclicat S FEMA8ack Swp 5d eWTR72 Resermad ran unrelmhursed CMAD-19 emergency e4pirdflnues rMw herepuiposed irrelmlaursennem-occurs In*6gW Fsdersl Expsrrm S [2.228-6N) Nan-Flaarnrig Spuflspreo Den€t 4lsirars Bureau❑elwt Irtantahan TechndogV Experses frrCounly use Owulde Agoricka. 6 (1.7Z .r-7 [yZrrirg • S.GslilLte general fund resourcas rar prapased ARPAtuntling due to ngori»s repmiiorg re•uirempenls bar sub recipaenls EriW Ovvmlon NwIlk y owlon i2S(r Uir:q scurry CcrirepLnl design iurrdng rar palemal rieiu raolily Tramm"fa cap1bol Reeerle 5 iA,DOD 003) NanJ�earnrg + Reserved to fund ansa ng debt finanoad prgpds gr i ncreose rapilal furrckrig far priarily prolKs A decisim an haw 1a allau.W lrrs funding Would be nada ar a kilerii [Lal2 2 3 4 Travis Myren said the county has not been able to provide an across the board wage 5 increase to county employees for two fiscal years. He said if approved, employees would see a 6 retroactive lump sum check at the end of December, and wages would go up 3% for the rest of 7 the fiscal year. 8 Travis Myren said allocation for schools would be based on average daily membership. 9 He said the County Manager has spoken to the superintendents, who are ready and able to 10 provide a spending plan for the use of these funds, as well as the key indicators to track that the 11 funds are being used as they are intended. 12 Commissioner McKee asked if the Board could set tight parameters about what the 13 money could be spent on. 14 Travis Myren said yes, but this is not being recommended. He said staff is asking for a 15 specific plan from the schools. 16 Commissioner McKee said he would like to set parameters around the use of these 17 funds for students who are currently non-proficient from grades 3-8. He said the Board must 18 intervene in closing the achievement gap in the school districts. He asked if there is support 19 from other Board members on this. 20 Commissioner Greene thanked Bonnie Hammersley for talking to the superintendents. 21 She said she spoke with a CHCCS school board member, and feels the Board must collaborate 22 with the schools. She said everyone wants to address the same problems, but she does not 23 want to dictate how this should be done. She said they need the metrics, and end of grade 24 scores are not always the best metrics. She said the schools can offer an appropriate metric. 25 Commissioner Hamilton said she agrees with Commissioner Greene. She said the 26 schools need more money, and it is the responsibility of the school board to provide education 27 for all children, and hire professionals to close the gap. She said she has watched what the 28 school boards do over the years, and there has been a lot of effort put forth to address the 29 achievement gap. She said it is important to understand what the metrics say and do no say. 30 She said she does not agree with the metrics that have been proposed, if they are too broad to 31 capture what is actually happening. She said if the Board just keeps demanding change without 32 understanding what drives the gap, it will cause more stress for students and staff alike. She 14 1 said county commissioners do not know enough, and must work in partnership with the schools. 2 She said the Board needs to hear more from the schools to better understand the root of the 3 achievement gap. She said there is a broad range of students in this community, and the Board 4 needs to have a better idea before setting outlines that may not help and may actually harm. 5 She said she supports providing the money for mental health and the Board should look back at 6 the details of what the school asked for, and what was not provided for previously. She said the 7 Board should ask the schools what needs they currently have, and be clear on who is 8 responsible for what. She said she does not agree with current proposal. 9 Commissioner Richards said the job of the school district should be geared toward all 10 children achieving success at all times. She said she does not want to throw more money at a 11 program to address closing the achievement gap, which is a hot buzz word these days. She 12 said she does not believe either school district is working up to its mission, and wants to see 13 better quality educational and outcome for all students. She said this money should go to social 14 emotional health, and the ramifications of COVID-19, isolation, and stress. She said she 15 understands the county should not micromanage, but she thinks what the schools asked for, but 16 was unable to be funded, should dictate how the money is allocated. She said she would like to 17 know the gaps in terms of the overall district request, and what was funded and what was not. 18 She said she supports money going to mental health, social emotional learning (SEL), because 19 there has never been enough support in this area. 20 Commissioner Fowler said the surplus came about through austerity and online sales 21 tax. She said the county was austere in what it provided to the schools, and she supports this 22 money and thinks the schools should dictate where the emphasis and dollars go. She said she 23 would like to know if the schools have already received other funds in this area, and may no 24 longer need it. She said if funds are needed, she supports giving them to the schools. 25 Chair Price said she is in favor of$1.5 million going to mental health and SEL, which 26 were both highlighted as needed areas in the budget from the schools. She said if students are 27 unable to learn because of some other reason, achievement scores will go down. She said she 28 falls in the middle on whether or not the county should have some say in how the money is 29 spent. She said what is outlined here can help with collaboration between schools and the 30 county. She said she would like to see a spending plan with indicators contained within, prior to 31 Board approval. She said the Board does have some degree of fiduciary responsibility, and 32 wants everyone to work together for the best of the children. She said it helps the Board if 33 progress is tracked with key indicators, so as to better budget in the future. She said the needs 34 are likely endless. 35 Commissioner McKee said none of his comments were meant to denigrate any 36 individual or board. He said no one can say that the proficiency rates are acceptable, and these 37 rates are his focus. He said he is happy to approve the proposal tonight, but he very much 38 wants to address these issues in the future. He said it was not intent to change anything 39 tonight, but he will not accept the proficiency levels, and will keep hounding the issue until 40 students achieve a significant increase in proficiency rating overall. He said he refuses to see 41 students matriculate out of schools without being proficient. 42 Commissioner Bedford said she supports this amount, but this is a recurring expense for 43 future years. She asked if actual enrollment will be used for this year. 44 Travis Myren said he was going to use projected ADM, but would have to look at that in 45 advance of the budget amendment coming back on the 14t" 46 Commissioner Bedford said she became a school board member in 2003, and heard a 47 lot about community mental health services being offered in schools out of state, and local 48 schools hoping to do the same. She said over the years, some mental health services have 49 been cobbled together through various measures, but there has never been anything 50 comprehensive. She said Orange County leads in ratios of mental health counselors in 51 schools, but is still less than what is recommended by national standards. She said she would 15 1 like to see these additional dollars focused on mental health and SEL with broad definitions. 2 She said she has not attended school board meetings recently, and does not know what school 3 boards are doing to address issues. She said she wants to leave it up to schools to determine 4 on what to spend the money specifically, but does also like to have a plan because of ESSR 5 funds the schools boards got this year. 6 Chair Price asked the County Manager if she could explain the current situation with 7 counselors and social workers in the schools. 8 Bonnie Hammersley said she wanted to share a conversation she had with the 9 superintendents. She said the schools will provide a spending plan to school boards for 10 approval, then to the BOCC for approval. She said there would be an agreement that this would 11 not go to current expense, and they are intended to be ongoing funds. She said they also 12 discussed that schools should be able to determine priorities within plan. She said ultimately 13 the BOCC would have the opportunity to speak into the plan, but she has always relied on 14 superintendents as experts in their fields. She said both schools boards requested funds in 15 their expansion budgets for these issues, and she imagines these are the most pressing needs, 16 as students were not in school for many months. She said a question was raised as to whether 17 these funds could also be used for mental health for school employees. She told the schools to 18 work with the boards and bring the plan forward. She said they also talked about metrics, which 19 the schools thought should be different. She said the BOCC will approve a framework of funds, 20 but will have to go through additional approval for more details. 21 Commissioner Hamilton said CHCCS had $1 million in its expansion budget for SEL and 22 mental health, but the county could not fund it. She said there are words in the information 23 provided about what the plan is, but she does not feel comfortable approving it unless it is clear 24 it is just a framework. She said anyone who is paying attention and reading the documents 25 would make the assumption that if it is in the document it will be done. She said she wants to 26 be specific. 27 Commissioner Richards said employees have gone two years without increases, and 28 there have also been no trainings. She said this may be a onetime opportunity to catch up more 29 with employees. She asked if there is any consideration to this issue. 30 Commissioner Richards asked if the Sportsplex is meant to be self-sustaining. 31 Bonnie Hammersley said the Sportsplex is an enterprise fund, and does not receive 32 general funds from the county, but the county is the safety net. She said the county did provide 33 some support during COVID-19, but the Sportsplex is now back on track. She said the county 34 has two enterprise funds: Solid Waste and Sportsplex. 35 Commissioner Richards said she assumed part of the funds available came through 36 department austerity measures, and asked if departments had delayed projects, etc. that can be 37 corrected. 38 Travis Myren said department savings from delayed projects have been re-budgeted. 39 Bonnie Hammersley said the 5% reduction of operating funds was meant to be 40 sustainable, i.e.: there is no expectation for the money to be put back. She said this is not 41 uncommon in county government. 42 Commissioner Richards asked if salaries will be maintained in the new budget. 43 Bonnie Hammersley said the county is currently 6% behind the market before this 44 increase. She said she cannot say what will be done in next budget because projections are 45 not available yet. She said the full impact of the pandemic is not known, as the pandemic is not 46 over. She said she hopes to make up some of the loss. 47 Commissioner Richards said when she spoke with department heads, each department 48 brought up the amount of work employees have to do, nature of work changed due to COVID- 49 19, and vacancies in departments. She said it is important to stay competitive. 50 Bonnie Hammersley said one area where the county can remain competitive, is to allow 51 remote working. She said the private sector is doing tremendous amounts of remote work, 16 1 which is attractive to young professionals. She said one of her goals for the upcoming budget, 2 will be to look at some type of retention package to retain employees. She said there is a labor 3 shortage right now, with boomers retiring, and employees have opportunity they did not have 4 with opportunities to go other places. She said the county must compete with private sector in 5 that way. She said it is also evident that the pandemic has left everyone exhausted. She said 6 when this surplus came up, she knew it was important to put some funding towards employees. 7 Commissioner Richards asked if county employees have emotional and mental health 8 services/support. 9 Bonnie Hammersley said yes, there is employee assistance and a strong benefits 10 package. 11 Chair Price thanked the County Manager for putting the salary increase in the budget. 12 She said she wanted a cost of living increase for employees during the budget, but it was not 13 available at the time. She said the County Manager promised to put any excess funds towards 14 the employees, and she has done so. 15 Travis Myren referred to Commissioner Bedford's earlier question, and said the ADM 16 share for CHCCS would go down a bit if using current enrollment. 17 Commissioner Bedford said she would like it to be reflective of current enrollment for 18 accuracy. 19 Travis Myren asked if Board wants to address specific wording of how the money can be 20 used by the schools. 21 Commissioner Greene said a good way to synthesize the discussion would be to offer 22 money to schools under the joint umbrella of opportunity gap and mental health/SEL, and let 23 them come back to board with priorities based on their needs. She said she is persuaded that 24 both school systems could use it all for mental health, but to honor the intent of the Board, she 25 would like the wording to be proposed as both, as it gives schools greater flexibility. 26 Commissioner McKee said Commissioner Greene's comments were spot on, and 27 agrees with her proposal. 28 Commissioner Richards said she will go along with this plan, but will remain concerned 29 as long as the opportunity gap is discussed but the system is not held accountable for the 30 results of a sound education for all. 31 Commissioner Richards referred to planning funding for the crisis intervention center, 32 and asked if these funds would be in addition to the planning funding. She said she asked for a 33 list of ARPA funds expenses, and there was a line item of planning funding for the crisis center. 34 Travis Myren said the crisis center is on both lists, but it is not eligible for ARPA 35 expenditures 36 Commissioner Richards said $160,000 is not happening but $250,000 is happening. 37 Travis Myren said yes, as it is not eligible for APRA funding. 38 Commissioner Richards asked if the costs went up. 39 Travis Myren said staff is recommending an increase in funding for the planning stage, 40 to allow the process to move further down the road. He said it will come off ARPA list at the 41 next BOCC meeting. 42 Commissioner Richards asked if staff will let the BOCC know if other items are removed 43 from the list. 44 Travis Myren said he will go back to those ARPA fund items which are be replaced with 45 general fund monies at the end of his presentation. 46 Commissioner Bedford said she would take out the sentence about measuring outcomes 47 by end of grade tests (EOG's). She said she would prefer to let the school superintendents 48 propose the measures. 49 Commissioner Hamilton said this is one slice of the budget, and she is unclear why the 50 Board would require it if not required for the rest of the school budgets. She said the Board is 51 micromanaging the process, and she believes it should fund generally and let the school 17 1 experts do their work. She said tying funding to specific metrics is an over stepping of 2 boundaries, as the BOCC does not understand these metrics sufficiently. She said this will not 3 help students. She said it is very important to have conversations with the schools, and to gain 4 understanding, but she disagrees with tying funding to certain metrics. She said the BOCC 5 would not like if the state micromanaged in this way. 6 Commissioner Hamilton said she does agree with the employee wage adjustment and 7 thanks staff for their sacrifices. She said she would like to have a list for what ARPA funds were 8 originally allocated versus what these funds cannot be used for. She said she would like to 9 know how much funding remains and how the BOCC can assign it. 10 Chair Price said the achievement gap, mental health and SEL are interrelated, and the 11 BOCC is addressing both in this funding category. She said she feels good about letting 12 schools make decision about how to spend this money within this category. 13 Bonnie Hammersley said the superintendents suggested that the districts can provide 14 key performance indicators for both and would be doing it anyway. She said the 15 superintendents do not feel like the Board is micromanaging them and are extremely pleased. 16 She said the state requires the county to provide key performance indicators for everything it 17 does, so it is not unusual to receive money and have to do this. 18 Commissioner Greene proposed striking the last paragraph under"Opportunity Gap 19 Reduction and Student Mental Health Support Fund" of the attached memo. She suggested 20 keeping paragraphs 1 and 2, and making the next to last sentence of 2nd paragraph, "as 21 proposed, each district would provide a spending plan each year with key performance 22 indicators, which could not supplant current spending." 23 24 A motion was made by Commissioner Greene, seconded by Commissioner McKee, to 25 amend the Update in FY2020-21 Year End Financial Results memo as indicated above. 26 27 Commissioner Bedford made a friendly amendment to correct the allocation amounts in 28 the second paragraph under"Opportunity Gap Reduction and Student Mental Health Support 29 Fund" based on average daily membership. 30 Commissioner Greene and Commissioner McKee accepted Commissioner Bedford's 31 amendment. 32 Travis Myren said the actual budget amendment for these changes will come back on 33 December 14, 2021 and he will attach the updated memo to the actual budget amendment so 34 the Board can take final action. 35 Chair Price said the Board does need to vote on the motion on the floor. 36 Commissioner Fowler asked if the Board should wait to vote on the proposed 37 amendment until the rest of the items on the memo are discussed in case there are additional 38 amendments. 39 Chair Price recommended voting on any amendments separately. 40 The Board decided to move forward with a vote on the motion made by Commissioner 41 Greene. 42 43 Roll call ensued 44 45 VOTE: UNANIMOUS 46 47 Commissioner McKee thanked staff for the $4 million for capital reserve, and would like 48 for it to be left standing for a wireless solution or other need. 49 Travis Myren said he can talk about the rest of the framework. He said a lot of non- 50 congregate sheltering was paid for during the pandemic assuming there would be Federal 51 Emergency Management Agency (FEMA) reimbursement, but now there is pushback from the 18 1 State and FEMA for full reimbursement for these expenses. He said staff thinks they will 2 ultimately be reimbursed but, if not, is recommending around $400,000 that can be repurposed. 3 Travis Myren said when ARPA guidance first came out, it was clear that revenue deficits 4 were an eligible use of funds; however, guidance changed, and money is now needed to cover 5 the deficits experienced by the Sportsplex and Visitors Bureau. He said as reporting 6 requirements came out for ARPA funds, it became clear that many outside agencies, funded 7 using those funds, do not have the administrative capacity to follow those requirements. He 8 said if the sub-recipients failed to report properly it becomes a liability for the county. He said 9 general fund money is recommended to replace the ARPA funds used for Outside Agencies. 10 He resumed the PowerPoint presentation: 11 12 Slide #6 Board Action • Approve an allocation framework for the FY2020-?7 Year Enc! Financial Surplus totaling$12 million. • Authorize staff to present a budget amendmentat an upcoming meeting to effectuate the mid•yearbudget adjustment. ORANGE COUNTY NX)IM[URiil IN, 13 14 15 Commissioner Richards referred to the table on slide #5, and asked if the designation of 16 funds as recurring or non-recurring could be explained. 17 Travis Myren said non-recurring means that those particular funds will not be used to 18 fund the expense in the future. 19 Commissioner Richards said the school district expenses are listed as recurring, but 20 these funds will not be used, which leads to her confusion. 21 Bonnie Hammersley said the sales tax will continue to increase at that level, and sales 22 taxes are used for the schools and employees, because the source of fund is recurring. 23 Commissioner Richards clarified that the designation refers to whether or not the source 24 of funding is recurring or non-recurring, as opposed to the expense itself. 25 Bonnie Hammersley said yes. 26 Chair Price asked for the difference between recurring and non-recurring to be specified 27 in the framework in the budget amendment for next week as a reminder. 28 Travis Myren said he would do that. 29 30 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to 31 approve the allocation framework totaling $12 million and authorize staff to present a budget 32 amendment at a future meeting to codify this framework. 33 34 Chair Price asked if the memo needs to be approved. 35 Travis Myren said staff has what they need in order to describe the Board's expressed 36 intent for the funds. 19 1 Chair Price asked if the memo would have to be approved next week. 2 Travis Myren said it will be attached to the budget amendment for approval. 3 Chair Price asked the BOCC to send any other changes to Travis Myren. 4 5 Roll call ensued 6 7 VOTE: UNANIMOUS 8 9 Chair Price thanked Chief Financial Officer, Gary Donaldson, and Deputy Financial 10 Services Director, Rebecca Crawford, for their work on this item. 11 12 7. Reports 13 None. 14 15 8. Consent Agenda 16 17 • Removal of Any Items from Consent Agenda 18 None. 19 20 • Approval of Remaining Consent Agenda 21 22 Chair Price noted some changes to the minutes sent by the Clerk by email, which will be 23 reflected in the adoption of the minutes. 24 25 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to 26 approve the consent agenda. 27 28 Roll call ensued 29 30 VOTE: UNANIMOUS 31 32 Discussion and Approval of the Items Removed from the Consent Agenda 33 None 34 35 a. Minutes 36 The Board approved minutes from the October 7, 2021 Virtual Joint Meeting with the Orange 37 County Chiefs' Association and Work Session, the October 19, 2021 Virtual Business Meeting, 38 and the November 4, 2021 Virtual Business Meeting. 39 b. Motor Vehicle Property Tax Releases/Refunds 40 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle 41 property tax values for two taxpayers with a total of two bills that will result in a reduction of 42 revenue. 43 20 1 C. Property Tax Releases/Refunds 2 The Board adopted a resolution, which is incorporated by reference, to release property tax 3 values for eighteen taxpayers with a total of twenty one bills that will result in a reduction of 4 revenue. 5 d. Applications for Property Tax Exemption/Exclusion 6 The Board considered five untimely applications for exemption/exclusion from ad valorem 7 taxation for five bills for the 2021 tax year. 8 e. Updates to the Assistance Policies for the North Carolina Housinq Finance 9 Agency (NCHFA) 2021 Urgent Repair Program (URP21) and the 2020 Essential 10 Single Family Rehabilitation Loan Pool (ESFRLP20), and the Orange County 11 Procurement and Disbursement Policy 12 The Board authorized the County Manager to sign, and thereby adopt, the amended URP21 13 Assistance Policy, ESFRLP20 Assistance Policy, and Orange County Procurement and 14 Disbursement Policy for Urgent Repair and Housing Rehabilitation Programs. 15 f. Three Party Right of Way Encroachment Agreement on Primary and Secondary 16 System Associated with the Orange County Emergency Services Substation 17 The Board approved a Three Party Right of Way Encroachment Agreement on Primary and 18 Secondary System between the North Carolina Department of Transportation (NCDOT), 19 Orange County, and Orange Alamance Water System (OAWS); and authorized the County 20 Manager to sign the Encroachment Agreement on Primary and Secondary System contingent 21 upon final review by the County Attorney and upon Orange Alamance Water System's 22 execution of the Agreement. 23 g. Advisory Board and Commissions -Appointments 24 The Board approved the Advisory Boards and Commissions appointments as reviewed and 25 discussed during the November 11, 2021 Work Session. 26 27 9. County Manager's Report 28 Bonnie Hammersley said ARPA fund discussion will be on December 14, 2021 and the 29 County is still receiving guidance on that. She said she will bring forward what is known for sure 30 to be eligible at this time. She said tomorrow is the ChairNice-Chair agenda meeting and will be 31 publishing December 14th agenda on Thursday December 9th, and encouraged Commissioners 32 to contact staff with any changes before then. 33 34 10. County Attorney's Report 35 John Roberts said the General Assembly met briefly today and recessed until Friday. He 36 said the Panel of Court of Appeals issued a stay today in legislative redistricting, but full Court of 37 Appeals reversed it for the full court to hear it. He said the Governor and Attorney General 38 petitioned the State Supreme Court to intervene, so hopefully it will intervene and make 39 adjustments. 40 41 11. *Appointments 42 None. 43 44 12. Information Items 45 46 0 Tax Collector's Report— Numerical Analysis 47 0 Tax Collector's Report— Measure of Enforced Collections 48 0 Tax Assessor's Report— Releases/Refunds under $100 49 0 Memorandum - Draft Rules of Procedure for Review 50 21 1 13. Closed Session 2 None. 3 4 Chair Price reminded the Board that it will be choosing committees and boards at its 5 next meeting, and encouraged commissioners to think about the boards on which they would 6 like to serve. 7 Commissioner McKee said he appreciates the accommodation for the in person work 8 session in November, and looks forward to hearing feedback on that experience. 9 Commissioner Bedford said the Chair is talking with mayors about the Assembly of 10 Governments meeting because of the number of people required for attendance and a lack of 11 safe venue. 12 13 14. Adjournment 14 A motion was made by Commissioner McKee, seconded by Commissioner Bedford, to 15 adjourn the meeting at 9:11 p.m. 16 17 Roll call ensued 18 19 VOTE: UNANMIOUS 20 21 Renee Price, Chair 22 23 24 Tara May 25 Deputy Clerk to the Board 26 27 Submitted for approval by Laura Jensen, Clerk to the Board. Attachment 3 1 1 MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 VIRTUAL BUSINESS MEETING 5 December 14, 2021 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, 9 December 14, 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, Sally Greene, Earl McKee, and Anna 13 Richards 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; and all members were present. 23 24 Due to current public health concerns, the Board of Commissioners is conducting a Virtual 25 Business Meeting on Tuesday, December 14, 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 The Board considered adding a discussion of an appointment to the Orange County 40 Broadband Taskforce under item 11 —Appointments. 41 42 A motion was made by Commissioner McKee, seconded by Commissioner Greene, to 43 add the appointment discussion to item 11 —Appointments. 44 45 Roll call ensued 46 47 VOTE: UNANIMOUS 48 49 Chair Price dispensed with reading the public charge. 50 2 1 Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks 2 those attending this meeting to conduct themselves in a respectful, courteous manner toward 3 each other, county staff and the commissioners. At any time should a member of the Board or 4 the public fail to observe this charge, the Chair will take steps to restore order and decorum. 5 Should it become impossible to restore order and continue the meeting, the Chair will recess 6 the meeting until such time that a genuine commitment to this public charge is observed. The 7 BOCC asks that all electronic devices such as cell phones, pagers, and computers should 8 please be turned off or set to silent/vibrate. Please be kind to everyone. 9 10 2. Public Comments 11 12 a. Matters not on the Printed Agenda 13 None. 14 15 b. Matters on the Printed Agenda 16 (These matters will be considered when the Board addresses that item on the agenda 17 below.) 18 19 3. Announcements, Petitions and Comments by Board Members 20 Commissioner Fowler said she attended the Chamber of Commerce's legislative forum 21 on December 9th. She said David Price, Valerie Foushe, Verla Insko, and Graig Meyer all 22 spoke. She said Congressman Price said the bipartisan infrastructure bill mentioned potential 23 transit funds that could cover things such as the MLK BRT, broadband funds, and possibly 24 public housing for repair and renovation funds. She said the county should be on the lookout 25 for that opportunity. She said she attended the Triangle Area Regional Planning Organization 26 (TARPO) meeting on December 9th, and they reminded attendees that the STIP 6.0 process 27 was halted due to lack of funds. She said they provided scoring for considering how to improve 28 projects for the STIP 7.0 process. She said updates for current projects are available for review 29 on TARPO.org. She said parts of 1-40 will be renamed after Dean Smith and Roy Williams. 30 She said earlier in the day she attended the North Carolina Association of County 31 Commissioners (NCACC) Public Education Steering Committee and heard an update from 32 Nathan Maune of the Department of Public Instruction (DPI). She said Maune discussed using 33 lottery funds for school capital. She said the 2017 needs based public school capital fund was 34 originally opened to only Tier 1 and 2 counties but is now available to Tier 3 counties. She said 35 she would like the county to look at that fund for potential school capital projects. She said they 36 also mentioned that the PS repair and renovation fund in the 2021 budget provides $500,000 37 per county for classroom facilities. She said she also attended the Health and Human Services 38 Steering Committee earlier in the day. She said there is a website called 39 NCOpioidSettlement.org which provides information on how the funds can be spent. She said 40 she wondered if the funds could be spent towards a diversion facility. 41 Commissioner McKee reminded the Board of his petition to go back to in-person 42 meetings as soon as possible, despite the new COVID-19 variant. He said the Board of County 43 Commissioners (BOCC) is considering going back to in-person meetings in January, and he 44 would like to give it serious consideration. He said he believes the Board should be meeting 45 publicly if at all possible. 46 Commissioner Hamilton wished everyone happy holidays. 47 Commissioner Bedford said on October 5th, Andy Henry from the Durham-Carrboro- 48 Chapel Hill Metropolitan Planning Organization (DCHC MPO) presented information on the 49 2050 Metropolitan Transit Plan. She said it is a fiscally constrained plan, but reasonable fiscal 50 assumptions are allowed to be made. She said at the November MPO meeting, there was 51 discussion about the potential for a half-cent sales tax increase for transit, and she said that it 3 1 would require approval by the General Assembly. She said when she read the minutes prior to 2 the Board meeting, she noted that it said a half-cent equivalent and does not have to be on 3 sales tax. She said the half-cent equivalent was already assumed and had been increased to 4 one cent. She said she consulted with the Deputy County Manager Travis Myren and was able 5 to vote yes, but included for the recorded minutes that Orange County was not promising or 6 obligated to put any sales tax increase on a referendum or to fund the equivalent. She said 7 every four years the plan is updated and the expectation for the increase is not until 2031. She 8 said the positive for the increase was a more aspirational vision to do more for bicyclists and 9 pedestrians and multi-modal versus just widening or adding traffic lanes. She said she wanted 10 the rest of the Board to know that she did not obligate the Board to a one-cent sales tax 11 referendum. She said Wake County is working on this and there will be legislative advocacy by 12 other counties to get permission. She said she hopes to attend the NCACC session on the 13 environment on December 151h 14 Commissioner Richards said she was looking forward to working with the newly elected 15 officials in Chapel Hill and Carrboro who were sworn in the previous week and learning more 16 about how the County can work together with those communities. She said she was impressed 17 with the health department's webinar on alcoholism in Orange County, and it was an informative 18 session, giving a good overview of where we are as a county. She wished everyone happy 19 holidays. 20 Commissioner Greene said she attended the NCACC Justice and Public Policy 21 subcommittee meeting. She said she was happy to see that Cait Fenhagen of Orange County 22 gave a presentation about pretrial diversion. She wished everyone happy holidays. 23 Chair Price said Governor Cooper held a press conference to mark the one-year 24 anniversary of administering the first COVID-19 vaccine. She said a very low percentage of 25 younger children are vaccinated. She said Dr. Kizzy Corbett was honored in Time Magazine, 26 and continues to make Orange County proud. She said Dr. Corbett is a product of Orange 27 County Schools. She said she attended the Chamber of Commerce legislative event. She said 28 the local economy is mainly based on "EdMedBed," which stands for education, medicine, and 29 the hospitality industry. She said the agenda for the Assembly of Governments meeting is 30 being developed and the meeting will be virtual on January 25, 2022, due to it occurring after 31 the holidays and the number of people involved. She said she attended the WCHL "Forum on 32 the Hill". She said she did a segment on economic development. She said she was in 33 conversation with Aaron Keck and Ryan Stewart of Trinsic Residential, who is responsible for 34 the Aura development in Chapel Hill. She thanked Steve Brantley, Economic Development 35 Director, for his briefings. She said Commissioner Richards led a segment on social justice. 36 She said the Orange County Department of Social Services is holding its annual toy chest event 37 from December 13th through 17th from 9 am to 7 pm on Mayo Street. She said it is an event to 38 bring holiday joy to children in low-wealth households. She said the One Orange Committee will 39 be conducting a survey on the racial equity plan and will be at the toy chest event. She said this 40 information can also be accessed online. 41 42 4. Proclamations/ Resolutions/Special Presentations 43 44 a. Recognition of Cedar Ridge High School Volleyball Team for Winning the 2021 45 State Championship 46 The Board approved a proclamation recognizing the Cedar Ridge High School Volleyball 47 Team on winning the 2021 State Championship. 48 49 4 1 BACKGROUND: 2 The Cedar Ridge High School Volleyball Team won the State 3A championship with its victory 3 in the state finals on November 6, 2021. 4 5 Chair Price introduced Fiona Cunningham, Coach of the Cedar Ridge High School 6 Volleyball Team. 7 Chair Price read the following proclamation: 8 9 PROCLAMATION OF RECOGNITION ON 10 CEDAR RIDGE HIGH SCHOOL WOMEN'S VOLLEYBALL TEAM 11 WINNING THE 2021 STATE CHAMPIONSHIP 12 13 WHEREAS, on November 6, 2021, Cedar Ridge High School Women's Volleyball Team 14 captured the North Carolina High School Athletic Association's (NCHSAA) 3A 15 State Championship; and 16 17 WHEREAS, under the guidance of Coach Fiona Cunningham, the Cedar Ridge High School 18 Women's Volleyball Team won its first NCHSAA title; and 19 20 WHEREAS, the Red Wolves completed the season with a 31-2 record; and 21 22 WHEREAS, the Red Wolves brought honor upon themselves, Cedar Ridge High School, the 23 Orange County Schools District and Orange County; 24 25 NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners 26 expresses its sincere appreciation and respect to the Cedar Ridge High School 27 Women's Volleyball Team and Coach Fiona Cunningham for the team's 28 outstanding achievement, and their inspiration to youth across North Carolina 29 through their dedication, teamwork, and athletic prowess. 30 31 This the 1411 day of December 2021. 32 33 34 35 Renee Price, Chair 36 Orange County Board of Commissioners 37 38 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to 39 approve the proclamation recognizing the Cedar Ridge High School Volleyball Team for winning 40 the 2021 State 3A Championship and honoring the players and coaches for representing the 41 community with the highest ideals of sportsmanship and integrity, and authorize the Chair to 42 sign. 43 44 Roll call ensued 45 46 VOTE: UNANIMOUS 47 48 Commissioner Bedford said she participated in high school sports herself, and coaches 49 help form character. She thanked Coach Cunningham and congratulated the team. 50 Commissioner Richards said she was a high school and college athlete. She said 51 winning a state championship is the pinnacle. She echoed the comments that coaches play a 5 1 role in lives of athletes, and setting examples. She thanked Coach Cunningham for mentoring 2 these girls, and congratulated the team. 3 Commissioner Greene extended her congratulations, and wished the team good luck. 4 Commissioner Fowler extended her congratulations. She said she was a former student 5 athlete. She said engagement in schools is importance, and participation in a team is 6 important. She said coaches make a special mark on students. 7 Commissioner Hamilton extended her congratulations to the team, and echoed the 8 comments of other Board members. 9 Commissioner McKee extended his congratulations to the team, the coaches, the staff 10 and everyone who made it happen. 11 Chair Price said she was very impressed by the athletes on the team and thanked them. 12 Coach Cunningham expressed thanks to the Board. She said the athletes earned this 13 honor with the support of their families, the school and the community. She said the school and 14 community empowered the girls to believe in themselves. She said the team worked hard to 15 grow the sport and to get more student athletes involved. 16 17 5. Public Hearings 18 19 a. Proposed Unified Development Ordinance Text Amendment— Modification of 20 Enforcement Provisions Addressing Changes in State Law 21 The Board held a public hearing, received the Planning Board/staff recommendation and 22 public comment, closed the public hearing, and considered action on staff initiated amendments 23 to the Orange County Unified Development Ordinance (UDO) eliminating existing language 24 allowing criminal penalties for violations of certain land use regulations. 25 26 BACKGROUND: 27 On September 2, 2021, Governor Roy Cooper signed Session Law 2021-138. Portions of the 28 legislation, excerpt contained in Attachment 1, decriminalizes certain types of ordinances 29 including planning and development regulations. Violation(s) of certain provisions of the UDO 30 are no longer potential criminal offences. The full version of the law is viewable here: Session 31 Law 2021-138. 32 The amendment was reviewed by the Board's Ordinance Review Committee (ORC) at its 33 November 3, 2021 regular meeting. Agenda materials are available at: 34 https://www.orangecountync.gov/AgendaCenterNiewFile/Agenda/ 11032021-1326. 35 Attachment 2 contains the draft ORC meeting notes. 36 • What the Amendment Does: Eliminates existing language in Section 9.6.5 giving staff 37 the option of seeking criminal penalties for violations of the UDO. The proposal 38 renumbers appropriate sections to address the elimination of Section 9.6.5 of the UDO. 39 • What the Amendment Does Not Do: Eliminate language allowing for potential criminal 40 penalties for violation(s) of floodplain management (Section 9.7), soil erosion and 41 sedimentation control (Section 9.8) and stormwater management (Section 9.9) 42 regulations. The Session Law does not modify enabling authority under which these 43 provisions were adopted. 44 As previously indicated the amendment(s) are necessary to address the County's compliance 45 with applicable State law. The County Attorney's office has reviewed the proposal and found it 46 to be legally sufficient. 47 Planning Board Recommendation: The Planning Board reviewed this item at its December 1, 48 2021 regular meeting (held via Zoom due to current public health concerns) and voted 9 to 1 to 49 recommend approval of the amendments. The member voting no indicated they were not 50 comfortable with the recent State law changes eliminating the County's ability to seek criminal 51 charges for land use violations. 6 1 2 Excerpt draft minutes from the meeting and the signed statement of consistency are included in 3 Attachment 3. Agenda materials for the meeting are available at: 4 http://orangecountync.gov/AgendaCenter/Planning-Board-26. 5 6 Planning Director's Recommendation: The Planning Director recommends approval of the 7 Statement of Consistency, indicating the amendments are reasonable and in the public interest, 8 contained in Attachment 4 and the proposed ordinance contained in Attachment 5. 9 10 Note Regarding Written Public Comments: Session Law 2021-35 (House Bill 812) became 11 effective on July 1, 2021. A portion of the amended law pertains to written comments for public 12 hearings held in remote meetings during declared emergencies. The Session Law updated the 13 parameters for public written comments. Written comments on the subject of the public hearing 14 can be submitted by interested persons until 24 hours prior to the scheduled time for the 15 beginning of the public hearing. 16 17 Chair Price introduced Craig Benedict, Orange County Planning Director. 18 Craig Benedict said the amendment decriminalizes violations of the UDO. He said staff 19 went through the LIDO to remove any language about criminal penalties. He said this does not 20 change potential criminal penalties for violation of floodplain management, soil erosion and 21 sedimentation control, and stormwater regulations. He said these changes were mandated by 22 state law. He reviewed the County Manager's recommendations. 23 24 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to 25 open the public hearing. 26 27 Roll call ensued 28 29 VOTE: UNANIMOUS 30 31 PUBLIC COMMENT: 32 None. 33 34 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to 35 close the public hearing. 36 37 Roll call ensued 38 39 VOTE: UNANIMOUS 40 41 A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to 42 approve the statement of consistency and the ordinance approving the UDO text amendments. 43 44 Roll call ensued 45 46 VOTE: UNANIMOUS 47 48 b. Proposed Amendments to the Comprehensive Plan Future Land Use Map and 49 Zoning Atlas - Eno Economic Development District (EDD) 50 The Board held a public hearing, received the Planning Board/staff recommendation and 51 public comment, closed the public hearing, and considered action on BOCC-initiated 7 1 amendments to the Comprehensive Plan Future Land Use Map and to the Zoning Atlas. As 2 adopted, the amendments will contract a portion of the boundary of the Eno Economic 3 Development District (EDD). 4 5 BACKGROUND: 6 At its September 14, 2021 meeting, the BOCC voted to initiate amendments to contract the 7 boundary of the Eno EDD and directed staff to proceed with the amendments. Video of the 8 meeting is available at http://orangecountync.gov/967/Meeting-Videos (agenda item 6-b). 9 10 In 2012, the boundary of the Eno EDD was expanded in anticipation of water and sewer 11 availability. However, recent joint engineering studies have retracted the larger area's viability 12 for public sewer due to Durham system constraints and prohibitive cost. At this time, a smaller 13 primary economic development focus area of 200 acres between 1-85 and US 70 remains viable 14 for public sewer and an existing water line adjacent to the area. 15 16 The proposed Future Land Use Map and Zoning Atlas amendments affect 112.2 total acres, 17 comprised of 34 parcels. The proposed amendments will prescribe the land uses that will be 18 allowed in the areas that would no longer be part of the Eno EDD. 19 20 1. The Orange County Comprehensive Plan Future Land Use Map (FLUM) defines the 21 location of future land use categories and is designed to accommodate a particular 22 combination of general land uses. The FLUM helps achieve a desired pattern of 23 development over time and is implemented primarily through zoning. The proposed 24 amendment to this plan would change the affected areas from an Economic 25 Development Activity Node to a 10-Year Transition Activity Node which is a designation 26 primarily for residential land uses. 27 28 2. The Orange County Zoning Atlas is a map of the County's planning and zoning 29 jurisdiction that assigns all parcels a zoning district. Each zoning districts includes 30 specific standards, as outlined in Article 3 of the Unified Development Ordinance (UDO), 31 and specific allowable uses, as are found in the Table of Permitted Uses in Section 5.2 32 of the LIDO. The proposed amendment would rezone the affected parcels from EDE-1 33 (Economic Development Eno Lower Intensity) to R-1 (Rural Residential). 34 35 Maps depicting the affected areas are included in Attachment 2. As contained in Attachment 4, 36 notifications for the public hearing were mailed to affected property owners and those within 37 1,000-feet of the affected areas on November 29. Signs were posted by staff in the affected 38 areas on November 29. 39 40 Public Information Meeting — October 26, 2021 41 42 Planning staff held an on-line public information meeting on October 26. Other than staff, 9 43 people, including 3 BOCC members, attended the meeting. Questions from attendees focused 44 on basic zoning information and a comment about increasing traffic noise impacts over the 45 years. The video recording can be viewed at: 46 https://orangecountync.zoom.us/rec/share/OJQhU-2iBUVOnTgRdP60 YudICN7mn- 47 nKt IaJj9emmX oD8eZMsT9pNn2HLoEAA.JleGSD2Ns2pGsgKx Passcode: ?1 KV92kl 48 49 A combined notice for the public information meeting and Planning Board meeting was mailed 50 to affected property owners and those within 1,000-feet of the affected areas on October 11, 8 1 2021 (see Attachment 4 for materials). Signs were posted by staff in the affected areas on 2 October 13, 2021. 3 4 Planning Board Recommendation: The Planning Board reviewed this item at its November 3, 5 2021 regular meeting (held via Zoom due to current public health concerns) and voted 6 unanimously to recommend approval of the amendments. Approved minutes from the 7 meeting and the signed statement of consistency are included in Attachment 3 and meeting 8 materials are available at: http://orangecountync.gov/AgendaCenter/Planning-Board-26. No 9 members of the public attended the Planning Board meeting. 10 11 Planning Director's Recommendation: The Planning Director recommends approval of the 12 Statement of Consistency, indicating the zoning atlas amendments are reasonable and in the 13 public interest, contained in Attachment 1 and the proposed ordinance, which includes both the 14 FLUM and Zoning amendments, contained in Attachment 2. 15 16 Note Regarding Written Public Comments: Session Law 2021-35 (House Bill 812) became 17 effective on July 1, 2021. A portion of the amended law pertains to written comments for public 18 hearings held in remote meetings during declared emergencies. The Session Law updated the 19 parameters for public written comments. Written comments on the subject of the public hearing 20 can be submitted by interested persons until 24 hours prior to the scheduled time for the 21 beginning of the public hearing. 22 23 Perdita Holtz, Planner III, made the following PowerPoint presentation: 24 25 Slide #1 ORANGE COUNTY NORTH CAROLINA Proposed Comprehensive Plan Future Land Use Map and Zoning Atlas Amendments - Eno Economic Development District (EDD) 17ecember14,2021 Presenter Perada Holtz,AICD Planner III 26 27 28 9 1 Slide #2 Tonight's Purpose • To hold a public hearing, receive the Planning Boardlstaff recommendation and public comment, close the public hearing, and consider action an B©CC-initiated amendments to the Comprehensive Plan Future Land Use Map and to the Zoning Atlas —Initiated at the September 14,2021 BOCC Meeting —If adopted, the amendments would contract a portion of the boundary of the Eno Economic Development District(EDD). ORANGE COUNTY 2 N Vnf cant LINA 3 4 Slide #3 Brief History of the Eno EDD • Most of the area had been m r designated for economic development purposes since 1981,when the County adopted a -- Comprehensive Plan. ORANGE COUNTY NO6lTl[CkR.LEN.A 5 6 7 Perditz Holtz reviewed the map of the Eno EDD. She said all of the area in lavender is 8 designated for the Eno EDD since 1981. She resumed the PowerPoint presentation: 9 10 Slide #4 Brief History of Eno EDD (continued) • Small Area Plan adopted in 2008. • In 2012, the boundaries of the Eno EDD were expanded in anticipation of water and sewer availability. • Recent joint engineering studies have retracted the larger area's viability for public sewer due to Durham system constraints and prohibitive cost. ORANGE COUNTY i-NA 12 13 10 1 Slide #5 Brief History of Eno EDD (continued) At this time,a smaller CF primary economic development focus , area of 200 acres t r� between 1-85 and US 70 still remains viable - for public sewer and an existing water line lies adjacent to the area. - Necessary Utility Services Agreement with the City of Durham is in process ORANGE COUNTY 2 3 4 Slide #6 Proposed Amendments Comprehensive Plan Future Land Use Map and Zoning Atlas —Reduce the size of designated economic development areas (FLUM aspect) near the existing Whispering Pines subdivision and suggest lower intensity uses (zoning aspect). —No development proposals are related to these proposed changes. ORANGE COUNTY NOun I 1=kROUNA 5 6 7 Slide #7 Potential Amendments — Future Land Use Map Eno EDb Area votemial Future Land Usem Amendmea,ts ~ 112.2 total acres { (comprised ;'k of 34 parcels) qr a t -^- —� L�..�7..ra--... ..- 8 9 11 1 Perdita Holtz said the acreage for potential amendments on the future land use map 2 have been divided into two areas. She said Area 1 is comprised of Green Briar subdivision and 3 Area 2 is comprised of parcels immediately south of Old NC 10, also known as Old Hillsborough 4 Road. She said the proposal is to change the land use designation of these 34 parcels from 5 "economic development" to I 0-year transition area," which is primarily for residential uses. She 6 resumed the PowerPoint presentation: 7 8 Slide #8 Potential Amendments — Zoning Atlas En Epp Arca-Pe}errtia[Zgning Aanen&nwd& _ 1 M1µ.: 9 10 11 Perdita Holtz said potential zoning amendments would be for the same parcels. She 12 said it would be a change from EDE-1, which is Eno lower intensity, to R-1, which is lower 13 residential. She resumed the PowerPoint presentation: 14 15 Slide #9 Implications of Amendments, if adopted Lower the intensity of future development in the area from what could be developed under eAsting economic development zoning. — In either case(remain as-is or rezone),existing residential is allowed to remain, — Existing EDE-1 zoning allows for a variety of residential uses. including single-family residential 16 17 12 1 Perdita Holtz said that EDE-1 is a mixed-use category, and that many of Orange County 2 non-residential zoning districts are also mixed use. She said the county does not have a highly 3 segregated zoning ordinance. She resumed the PowerPoint presentation: 4 5 Slide #10 Implications of Amendments, if adopted q H. _ 7na11'Ixa..pm Alif+tiM■rrlMlrl .m blit Imur JYr 6 8 Perdita Holtz showed the planning and zoning matrix, which shows the zoning districts 9 that are allowable and shows land use designations. She said the matrix shows that the 10 existing economic development zoning districts are allowed, along with the conditional districts. 11 She said the change to a 10-year transition means that the appropriate zoning districts are 12 residential, R-1 through R-13, along with some of the conditional districts. She resumed the 13 PowerPoint presentation: 14 15 13 1 Slide #11 Implications of Amendments, if adopted Uses Allowed in EDE-1 Uses Allowed in R-1 (current zoning) (proposed zoning) ',are Factiry 91j5&Ball PassKW Shaer Slatales,Gonrnerciel CwH.rgs,Sirglefaniby, .-Schwls,Perrnmmy+ane. seml Uses ISUPI, dupW others¢Aub_ 3ixq.Rxrealnn farnly nal pennhmd) ,Ga a vttental Faalniffi 3&oce Uses Care Carter In a Bus 8 Rail Passenger ReAdmca ShEft Mardadunrg. Aswrnhy, -',. r A4sh Care Febnty(SLIP) Cemelery QS•JPI Pracesorg I-t pact Medical lies =oe?auralrts CNAmnTiernl Facilities " Short-Term Revell—hast Codex! SUP ror Borne} C"and Flnamal r j'iefal Horne 13Mnical Cvrd9"M 8 Kerml+fess M 4GUPt SFMCaS Arborekirna .ReSearrn Flalay WA MN .Slorage of Goods Cane['SLOP) Tcdanam Towers&UtiiAsss %ianLractunrq Perks Telecom Towers&Utlikes Packs. Assarntty dpecple)Uses, variety of types +2ecrealloml Padlues i,Molesale Trade Uses Recrealttnal Faclihes {SMPl dSiJPI. ti iiamelirgs,Smgle--Ianfy, '�Aesamtly;peeple)Uses. iduii-ftiky.dwleu, variety of types 2 alhees 3 4 Slide #12 Implications of Amendments, if adopted (coat.) Reconfiguration of EDM boundaries shift the parcels that would provide the required 100-foot buffers new development must provide on the boundary of the EDD. Any new development would be subject to the various standards in the UDO for the type of development proposed. - Additional sta nd ards with i n the EDDswould nu longer apply to properties that are not designated EDD 5 6 7 14 1 Slide #13 Public Notification / Process • October 26,2021 -Public Information Meeting — Combined Mailed Notice for PI NRPB mailed an October 11 CertlAed mad for property owners whose zoning Is proposed for amendment_ Regular firs[class mad to property owners wllhln 1,800—feel of amendment areas — Combined Signs posted in area on October 13 November 3,2021 -Planning Board Review and Recommendation December 14,2021 -BCCC Public Hearing/Potential Decision - Additional mailed notice I sign pasting on November 29. - Legal Ad publication an december 1 and S. 2 3 4 Slide #14 Planning Board's and Planning Director's Recommendations • Approval of the Statement of Consistency, indicating the zoning atlas amendments are reasonable and in the public interest, contained in Attachment 1 and the proposed ordinance, which includes both the FLUM and Zoning amendments, contained in Attachment 2. 5 6 7 Slide #15 Manager's Recommendation 1.Conduct the public hearing and accept the Planning Board recommendation and staff/public comments); 2.Close the public hearing; 3.Deliberate as desired; and 4.Vote to approve the Statement of Consistency (Attachment 1) and Ordinance Approving the Future Land Use Map and Zoning Atlas Amendments (Attachment 2). 8 9 15 1 A motion was made by Commissioner Fowler to open the public hearing. 2 3 Commissioner Fowler asked if the designation EC could be explained. 4 Perdita Holtz said it means existing commercial, and refers to properties that had 5 commercial uses on them when zoning was first applied in the township. She said in the Eno 6 Township, zoning was first applied in the late 1980s and there was an existing commercial 7 property there. 8 Commissioner Hamilton thanked Perdita Holtz for the informative presentation. She 9 asked how the new zoning would make parcels less dense. 10 Perdita Holtz said that the majority of the parcels that are proposed for rezoning already 11 have only a single-family residence on them. She said that if someone purchased a residence 12 and redeveloped or split a lot, they could only do so if there is enough water and sewer. She 13 said the availability of water and sewer is a component of how dense any development can be 14 anywhere, because you have to be able to dispose of wastewater. 15 Commissioner Hamilton asked if the average parcel size in the area could be identified. 16 Perdita Holtz said she thought it was at least an acre. She said in the Whispering Pines 17 subdivision, the lots are smaller and are zoned R-2. She said the subdivision does not have 18 water and sewer and that many of the undeveloped lots in the subdivision remained 19 undeveloped because they could not find percolation sites for septic systems. 20 Chair Price said this will also prevent a major business from developing next to existing 21 residential. 22 Commissioner Richards asked if the county takes 122 acres out of the development 23 area, is it replaced or does the county continue to reduce economic development areas. 24 Perdita Holtz said that is a policy decision by the Board of County Commissioners. She 25 said in 2018 there was interest in retracting some of the EDDs where the county knew it would 26 not be served by water and sewer and expanding other EDDs, but this idea never really took off. 27 Chair Price said at that time there was more activity in the Buckhorn area, closer to 28 Mebane. 29 30 The motion to open the public hearing was seconded by Commissioner McKee. 31 32 Roll call ensued 33 34 VOTE: UNANIMOUS 35 36 PUBLIC COMMENT: 37 None. 38 39 A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to 40 close the public hearing. 41 42 Roll call ensued 43 44 VOTE: UNANIMOUS 45 46 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to 47 approve the statement of consistency and the ordinance approving the future land use map and 48 zoning atlas amendments. 49 50 Commissioner Richards said she has ongoing questions about designations and what 51 they mean. She said she struggles with the lack of development in economic development 16 1 district areas from an infrastructure standpoint. She said the county is reliant on Mebane and 2 Durham and their capacity and capability. She said it runs counter to her to have an economic 3 development district when the vast majority of the county is rural and lower density. She said 4 there are only a few areas that are designed for higher density, and she does not understand 5 why there is a lack of infrastructure after 40 years. She said she has spoken with the Planning 6 Department and she was told that this was a political decision that this how the county wants to 7 move. She said the county would have to explore if it wants to do something else. 8 Chair Price said she met with residents in Whispering Pines five years ago who were 9 expressing concern with the intensity and type of use in their community. She said they wanted 10 something that would be compatible with residential as opposed to more manufacturing or high 11 intensity uses. She said since the existing zoning was reliant on Durham and nothing had been 12 done in 40 years, she said it seemed like time to relieve some of the anxiety felt by the residents 13 and put a border around the residential areas. She said they talked about the development on 14 the western side of the County and how that was moving more quickly. 15 Commissioner Richards said her concerns were not so much with this particular item. 16 She said her concerns are global, and she wonders about the county's overall plan and how the 17 county intends to move forward with development when possible. She said she understands 18 the concerns of the residents who spoke at the public meetings 19 20 Roll call ensued 21 22 VOTE: UNANIMOUS 23 24 6. Regular Agenda 25 26 a. Fiscal Year 2021-22 American Rescue Plan Act Allocations Round 2 27 The Board approved the next allocation of American Rescue Plan Act funding to 28 projects, also known as Coronavirus State and Local Fiscal Recovery Funds (CSLRF). 29 30 BACKGROUND: 31 The Federal American Rescue Plan Act (ARPA) provides direct allocations to local 32 governments. Orange County is designated to receive approximately $28.8 million. The first 33 draw down of approximately $14.4 million was approved by the Board of Commissioners on a 34 budget amendment on June 1, 2021. The second draw down will occur before the end of the 35 current fiscal year. ARPA funds must be obligated by December 31, 2024 and must be fully 36 expended by December 31, 2026. 37 38 The ARPA funds are intended to broadly address the negative impacts of the COVID-19 39 pandemic on individuals, government agencies, organizations, and small businesses. The 40 Treasury Department has issued interim guidance on the use of ARPA funds for local 41 governments. This guidance establishes five broad categories for potential investments: 42 1. Support public health expenditures, by funding COVID-19 mitigation efforts, medical 43 expenses, behavioral healthcare, and certain public health and safety staff; 44 2. Address negative economic impacts caused by the public health emergency, including 45 economic harms to workers, households, small businesses, impacted industries, and the 46 public sector; 47 3. Replace lost public sector revenue, using this funding to provide government services to 48 the extent of the reduction in revenue experienced due to the pandemic; 49 4. Provide premium pay for essential workers, offering additional support to those who 50 have borne and will bear the greatest health risks because of their service in critical 51 infrastructure sectors; and, 17 1 5. Invest in water, sewer, and broadband infrastructure, making necessary investments to 2 improve access to clean drinking water, support vital wastewater and stormwater 3 infrastructure, and to expand access to broadband internet. 4 5 County departments were once again asked to submit proposals consistent with the interim 6 guidance and the goals established by the Board of Commissioners in prior funding allocations. 7 County departments submitted requests totaling over$6.4 million. $3,345,793 is recommended 8 for funding in this round based on project eligibility, ability of the project administration to meet 9 required reporting guidelines, and the positive impact on long term recovery in our community. 10 11 Those projects recommended for funding in this allocation are listed below by department. 12 Project descriptions may be found as an attachment to this item. 13 FY 21-22 Department Program Name Request Round 2 Asset Management Install Point Ionization equipment in new detention center $68,800 Services & Sheriff Economic Development Tourism and Hospitality Recovery $150,000 Emergency Services County First Responder Behavioral Health Program $45,000 Emergency Services Powered Air Purifying Respirators (PAPRS) $124,000 Finance Contract ARPA Coordinator $66,886 Housing Direct EHA Program Expenditures $2,700,000 Housing Housing Helpline Coordinated Entry Specialist $32,202 Housing Landlord Incentive Program $55,000 Information Technologies, Software to administer the Long Time Homeowner $8,905 Tax, & Housing Assistance Program Social Services Food and costs to support distribution and storage $60,000 Social Services Stabilization Program for Former Foster Youth $10,000 Social Services Support for Low Income Families $25,000 Grand Total $3,345,793 14 15 ARPA Funding Status Update as of December 14, 2021: 16 • Total Award: $28,839,722 17 • Total Approved as of June 15, 2021: $8,283,869* 18 • Total Remaining to be Distributed as of June 15, 2021: $20,555,853 19 • Total FY 2021-22 Round 2 for BOCC Consideration: $3,345,793 20 • Total Remaining to be Distributed if Round 2 Approved: $17,210,060 21 22 *$4,182,392 in previously approved projects were replaced with general fund support after new 23 guidance from the Treasury Department deemed them ineligible or that reporting requirements 24 would cause an undue burden on our local partners. These projects include Outside Agency 25 funding, Visitor's Bureau revenue replacement, Sportsplex revenue replacement, and some 26 Information Technologies projects. 27 28 Travis Myren, Deputy County Manager, made the following PowerPoint presentation: 29 30 Slide #1 18 ORANGE COUNTY NORTH CAROLINA American Rescue Plan Act Round 2 Allocations December 14, 2021 Board of Commissioners Business Meeting 1 2 3 Slide #2 Summary to date American Rescue Plan Act(ABPA) $28.8 million inial alocalkon Obligate by December 31,2424 Exyerrd by L ecernkw 31.2025 RecooGiliatiOn al Funds TQta1A11ocadon $ 29,830,722 IrAlal Allocallons-Jw"12021 i S 12.466,261 I+"Ilgsbla ERpandduna-Dsce mbar 5,2D21 3 12,462.4391 Outsde Rge^cies-Ds err:t-L-5,2+21 $ 11.729,9531 TWalRour,diA-Vocation-Revised S 812831M Balance WARPA klocaBon 12.14-21121 $ 20,555,863 EII®Iblllty different from Coronavirus Aid,Relief,and ` Economle SecurllyA�ci,[CARES Acly f�.NrF COUNTY Ae�li rwr. 4 5 6 Commissioner McKee asked if funds were set aside for broadband infrastructure. 7 Travis Myren said these funds are included in the Total Round 1 Allocation-Revised 8 amount. 9 Chair Price clarified that the full $20 million could not be drawn down at one time. 10 Travis Myren said yes, and resumed the PowerPoint presentation: 11 12 19 1 Slide #3 Round I Allocations ARPA AlDmdotl5-Ramd 1 Evjiw.ld 5w} ,:nch yam $ 10^9 PV2g21-ti.9udgp[ saaatt7utroach Harm Pad ctmandDaAlacman $ U-01D O MPA Allucsbon&3-WM .5 FTE Grentx nin pasman n tlne 0RI1 5 W751 FY2C21-22 Budget ine�%,o ah anhano nantfLM $ 25k= ARPA.AIIor non 6-3-2021 Co ainuaronofl3reuapAccess 5er 1 $ 13.1}10 FY2021-22Hudgat Gows—nent A=lig zm11 a argil Equitr Yowth Prugrem $ d6.540 FY2021-22 budget ErrLan Ol�Pragram staffing $ 167,015 FY2021-228udgat Dlram Emargane, axrg"is .anm JBIA)ErpQetdrturas-Feu Months $ '1�8low ARPA..MIumdon fr3-= M min yPersonnel}-EHA a-3 Housing Helpline Terry 5aff $ 626357 FY202i-22 Budget Ropkereh hrds n Mcally-h.rdai urgent rapsir dam $ 1.10L0Q FY2021-22 Eadgat Houungtamter-Parawwshpm End Horradceorsdm $ =10 ARPAAIIacaruan 6-3-1021 'Re3urt tFe Au'Grents Pamm turel 3 1{Q000 ARPA Allocation 6-3-2023 Ara Cumanissian Aid m lrnpaemd Agana $ 1kDOO ARPA AIIotvman r3-2021 T� and Hospltaity P,a a $ Lw FY202i-22 Budget Rtpdace iemprrr{eat-fy madriirztu w4 pemnenent modrrimtions 5 5-L136 AfiPA Alloration 6-3-2021 to*Tines Hann nar Assistaca-?rWam $ 2SOXW ARPA Allocation 6-3-2021 Durham Tachnirs3 Cammr.Ty CoM p for SrFaJ Buunass Canozr $ 7t7XM ABPA Alluradi"6-3-2021 Btardin d10-astrurtureDeaw,and a^n lemerrtet� 5 5,€00..0]}0 ARRA AIIocapon 4-3-2021 7E1TAL S xTx�Sg J'gen a)JIMMOdTO J,Ynii.Sf ngtarrilPs�riiDrr�rwersr9rr ORANGE CC LINTY 9 Nowa I CAROLINA 2 3 4 Travis Myren said 30% was designated for direct housing assistance or eviction 5 diversion programming, and 60% was designated to the Broadband project. He resumed the 6 PowerPoint presentation: 7 8 Slide #4 Emergency Housing Assistance CHA Direct Payments key Income Level AM0% $291.591 ORANGE COUNTY S N01M L CAROLINA 9 10 20 1 Slide #5 Emergency Housing Assistance EHA D•irectPayments by Race and Ethnicity rnM a� ORANGE COUNTY NOR I CAR.QLINA 2 3 4 Slide #6 Emergency Housing Assistance EHA Direct Payments by Jurisdiction ORANGE COUNTY 6 WORTM CAROLINA 5 6 7 Slide #7 Found 2 Allocation Recommendations General Approach S,rstaln extsflhg programs through one of fiscal yaar Exceptions firg RRfpon]H SarkixurdlNWln SE+.cocas 345AD f.=nUscled ARPACanp—Assmnce 96fi,6'd6 $iabdzaban Pmaarn hr Ferrer F lar Yom S't t f1Ufl Toru sixa,aN Use FY2022-23 Budget 6o introduce new projects ORANGE COUNTY 7 WORTII{{R{ryLINA 8 21 1 Slide #8 Round 2 Allocation Recommendations 10 r1mro 1-100 rr Run• d n.no,rrm..ra.a A-;d M...9 est Si--&Shenff kffiWl Port knaalm equoprmt rn rear del.erdion caner SUADD Ecorwmc Der .pmrst Tc—rr ad FLospdafly Rm—y s150,OW Frr—g.Mys-- Cwiy Firs Responder Betmmral Hcatlr Program ld5,OW Frr—q ncy Senates P—md Air Purrhrng Respialurs(PAPRS1 S424,65a F,ndnrq CA MO ARPA coordiwor !05.956 Hogs.}] [Nwt EM l4ro0rw EAperxlh rgs 12,T00,000 Hwsryg HoWer4 NON C.00rdnal49 Erlry 5p&WBI 572,292 Housrg Landlord 1—e Pr q— SKM ktc .T hnobg-,T.,B 1,a Soh--Lctg T-Homeanrer Assts Prg7— sa,WS Socm Servtes Food ad costs to support cislrihulwn arrd shsage !65,060 Socrd S-- St hlirmon Program V Formic Fo V.urh 11 6.0W saw Support ror Low 5rdorne,Falrilee !25,004 arand Tom 1a,a40.Tla QRANGE COUNTY 5 hyC1RT1 f CkROL(NA 2 3 4 Slide #9 Reconcii ation with Round 2 Recommendations Reconciliation of(Funds talAlbcatlan 8 28,834,722 Round 1 inIW AAotetions—Jww 3,2021 3 12,496,2V Imligibla Fxpendk.rrea Gran Rcud l—December 5,2021 $ (2,452,438) OutW*A.gam-es—Gstr0bsr 6,221 $ {1,729,9631 7oTal Round i Aibcafbn Rcvisrd # 1r2B3,d19 70741 ROM02AJAW.Mbtl R800tNOWN,l8CM 9 f 3.3'45,393 15alanceolARPAAlocadon12.14,29l ; 17.21Dm s ORANGE COUNTY N7OWn r CkPDLlNA 5 6 7 Commissioner McKee asked if Round 2 funding would be available to allocate in the 8 spring. 9 Travis Myren said yes. 10 Commissioner Richards asked if the budget process could be clarified. 11 Travis Myren said there is an established process for requesting funds for projects and 12 programming, which would also be used for evaluating ARPA requests. He said the budget 13 would show the portion being funded by the ARPA dollars. 14 Commissioner Richards asked if there are separate guidelines for requesting ARPA 15 funds versus regular budget funds. 16 Travis Myren said there may be some things funded by ARPA that would not normally 17 be supported by the General Fund. 18 Commissioner Richards said these funds are designed to respond to a unique situation, 19 and she is troubled by the amount going directly to people coming out of the pandemic. 22 1 Travis Myren said there is a long-term recovery plan that assessed needs, which is a 2 joint, multi-jurisdictional effort. He said this plan lays out a variety of direct services and needs 3 in the community, public and private, that could affect future allocations. 4 Commissioner Hamilton echoed Commissioner Richards's concerns. She said it seems 5 like in a pandemic, there would be more needs. She said the Board may be missing 6 opportunities to get more funds to folks in need. She said the money was intended to help with 7 recovery, and the Board should want to invest now. 8 Commissioner Hamilton asked about the $150,000 going to the welcome center. She 9 wanted to know how that fits with ARPA. She said it is not clear that using funds for promotional 10 things is a good use. 11 Travis Myren said the welcome center is an allowable use since it was impacted by the 12 pandemic. He said the use of the funds would be for a marketing campaign, to get group 13 activities back. 14 Bonnie Hammersley said group activities will help increase revenue, and there has been 15 a significant loss of revenue in the hospitality industry. 16 Bonnie Hammersley said there are direct funds coming into the community for social 17 services and foster care, and the funds being discussed in this item are in addition to those 18 funds. She said the projects identified in Round 1 and Round 2 are clearly eligible expenses. 19 She said the county is being cautious in spending to make sure that all projects are eligible 20 uses. She said the guidelines are constantly changing, which can be frustrating. 21 Bonnie Hammersley said the Board will have the opportunity to make amendments to 22 the recommended budget as part of the budget process in the spring. 23 Bonnie Hammersley said there are other funds coming into the community for workforce 24 development. 25 Commissioner Greene said the visitors' center took a large hit during the pandemic and 26 it is a challenge to encourage people to come back to Chapel Hill. She said they are developing 27 marketing campaigns. 28 Commissioner Bedford referred to the housing helpline coordinated entry specialist, and 29 asked if a position such as this would potentially be folded in to the regular budget funding when 30 ARPA ends. 31 Travis Myren said there will be some programs that will need to be sustained, and they 32 may be integrated into future funding cycles. 33 Bonnie Hammersley said any positions funded with ARPA are time-limited positions and 34 will be eliminated when ARPA funding ends. She said if the positions are needed to continue, 35 she will find more funds. 36 Travis said an example is the state is covering fees for early childcare payments. He 37 said this will likely need to be extended, and is on the county's list for future ARPA funding, but 38 is not needed right now. 39 Chair Price said the hospitality center took a hit, and anything related to the creative arts 40 took a hit. She said tourism is a big percentage of the local economy. She said places around 41 the country are trying to reintroduce themselves, and the county needs to do something to boost 42 the economy. 43 Chair Price said she and the Mayors thought the long-term recovery plan could be 44 presented at the Assembly of Governments meeting in January. 45 Chair Price said NCACC received $10 million from the state to assist local governments 46 with compliance. She said she would like for the Deputy County Manager to work with NCACC 47 to see how they may be able to help. 48 Chair Price referred to page 6, asked if staff could provide the percentage of the 49 populations in each town and unincorporated areas requested housing assistance at a future 50 meeting. 23 1 Commissioner Hamilton thanked Travis Myren for his presentation. She said she would 2 like to understand the needs when the Board is allocating funding. She said she wanted to 3 think about the other priorities in the county for capital and educational needs. 4 Commissioner Greene said Triangle J Council of Governments (TJCOG) also received 5 substantial funding to help local governments with spending ARPA funding appropriately. 6 Bonnie Hammersley said Lee Worsley at TJCOG contacted her this morning. 7 8 A motion was made by Commissioner Bedford, seconded by Commissioner Hamilton, to 9 approve the allocation of ARPA funding for the proposed projects. 10 11 Roll call ensued 12 13 VOTE: UNANIMOUS 14 15 b. Review and Approval of Updated Draft BOCC Rules of Procedure 16 The Board reviewed the updated draft BOCC Rules of Procedure, made changes if 17 appropriate, and approved a final version. 18 19 BACKGROUND: 20 The Board of County Commissioners first adopted a Rules of Procedure in May 2002. There 21 have been multiple amendments to the Rules of Procedure since that time. When the Rules of 22 Procedure were first drafted, contextual information was included in the form of comments. 23 These comments were drawn from North Carolina General Statutes, literature regarding best 24 practices for local government meetings, and Robert's Rules of Order, and were intended to 25 help the reader understand the purpose of the rule. 26 27 In Spring 2021, the Clerk to the Board, in consultation with the County Attorney, suggested 28 revisions to the Rules of Procedure to reflect updated North Carolina General Statutes 29 regarding local government meetings, the location of the office of the Clerk to the Board, 30 practices for publishing agendas, and the current process for evaluating the County Manager, 31 Clerk to the Board, and County Attorney. The entire document was also edited for clarity and 32 grammatical errors. The draft was then reviewed and edited by the Chair and Vice-Chair of the 33 Board of County Commissioners. The table of contents will be finalized upon publication. The 34 updated draft was included as an information item to the Board of County Commissioners in the 35 December 6, 2021 Virtual Business Meeting agenda packet. 36 37 Chair Price reviewed the background information for this item. She said the BOCC can 38 amend the proposed rules this evening, and her goal is to have an accurate and up to date set 39 of rules. 40 Laura Jensen said there have been rules of procedure since 2002, and they have gone 41 through many revisions. She said it is a working document and should reflect the Board and 42 how it operates. 43 Commissioner Greene said she proposed amending rule 19(b)(13), about how the Board 44 can vote. She said it currently says a commissioner can call for a revote after a vote has been 45 taken but it must be done in the same meeting. She said this requires commissioners to really 46 think on their feet, and sometimes voting late at night can require further thought after the fact, 47 and a revote may be necessary. She said this would rarely come into play, but it is important to 48 make this change. She said she would propose mirroring the procedural language of the Town 49 of Chapel Hill, which she read. 50 John Roberts said Commissioner Greene's proposal is appropriate, as it is the will of the 51 Board. 24 1 Commissioner Hamilton asked if there is a difference between reconsidering a motion 2 and making a new motion. She said the current rules allow for a new motion to be made that 3 can undo a previous motion. She said she wonders if Commissioner Greene's language 4 change is really necessary. 5 Commissioner Greene said that is a good question, but it seems more straightforward to 6 her to revote on a motion, as the wording would stay the same, as opposed to creating an 7 opposite motion. She said she would not put a time limit on this action either. 8 Commissioner Hamilton said she would want a time limit. 9 Commissioner Greene asked if there is a time limit currently. 10 Commissioner Hamilton said no, and currently a new motion has to be made. 11 Chair Price said she recalls the Board doing a revote, but it was done within the same 12 meeting. She said she thought there was a certain amount of time to rethink a vote. She said it 13 would be strange to be allowed to bring something up years later for a revote. 14 John Roberts said a new motion having an opposite effect is similar to Commissioner 15 Greene's proposal. He said he would ask the BOCC to consider the second paragraph is 16 section 14 and see if it affects the Board's thinking. 17 Commissioner Fowler said she is not opposed to rethinking items, but it would depend 18 on the item, as some items have immediate impact or effect. 19 Commissioner Fowler asked if there is still a bulletin board. She also referred to the 20 requirement that all meetings be in North Carolina, unless at a conference, and asked if there 21 are rules regarding virtual meetings, and participant's locations. 22 Laura Jensen said the words "bulletin board" are in the general statute. She said in lieu 23 of a bulletin board, the front doors may also be used. She said the doors of the Whitted 24 Building are functioning as a bulletin board currently, but should she get a bulletin board later 25 this can also be used. She said the statute also requires participants to be in the county for 26 meetings, and the electronic meetings law section has been updated by the County Attorney in 27 the procedures prior to tonight's discussion. 28 Commissioner Greene read the Chapel Hill Town Council procedures that do impose 29 some time limits are taking re-votes. 30 Commissioner Bedford referred to page 86 of the PDF, Section IV Meetings, Rule 6(a) 31 and questioned the need for wording about print media. She asked if print media is currently 32 being used for noticing. She also asked if putting it in the procedures requires it to be done. 33 She recommended removing these words. 34 Laura Jensen said the county is not currently noticing in print media, and a rough 35 estimate of cost would be $200-$300 per notice. 36 John Roberts said including the wording, but not following the practice, would open the 37 Board's decisions to potential challenge. 38 Commissioner Greene said certain notices have to be in the newspaper, but most do 39 not, unless newspapers or radio specifically ask for the notice. 40 41 A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to 42 approve the amended Rules of Procedure with the words "in print media and" removed from 43 Section IV Meetings, Rule 6(a). 44 45 Commissioner McKee said he will vote against this as there are still people for whom the 46 newspaper is the only source of information. 47 Chair Price asked when the county stopped putting the notice in the newspaper. 48 Laura Jensen said the County Manager's Office was not certain, but notices of the 49 calendar have not been done for at least 10-15 years. 50 51 Roll call ensued 25 1 2 VOTE: Ayes, 6; Nays, 1 (McKee) 3 4 A motion was made by Commissioner Greene, seconded by Commissioner Bedford, to 5 amend rule 19(b)13 to read, "the motion to reconsider a previous action may be in order at the 6 same meeting at which the action was taken, or at a subsequent meeting. For certain types of 7 actions, the Board is limited in its ability to reconsider without following additional procedural 8 steps. For example, an ordinance amended or a permit issued following notice and hearing 9 requirements proscribed by ordinance or law cannot be modified without following procedures 10 similar to those followed in the initial consideration. Where a motion to reconsider is in order, it 11 must be made by a Board member who voted with the prevailing side on the action to be 12 reconsidered. Such a motion requires a second and the seconder may be any member of the 13 Board. When such a motion is made and seconded and stated by the chair, the question is, 14 "Shall the Board reconsider its action on the matter to which the motion is addressed?" If such a 15 motion fails, the matter is not reopened or reconsidered. If adopted, the motion is again on the 16 floor for consideration, discussion and action." 17 18 John Roberts asked if all the current language is being eliminated or just the first 19 paragraph. He said it is on page 101 of the packet. 20 Commissioner Bedford said it is page 23 of this item. 21 Chair Price said there is something to prevent reconsideration for 6 months. 22 Commissioner Greene said it may be best to consider this at another meeting, once the 23 language is fully worked out. 24 Commissioner Greene withdrew her motion. 25 Commissioner Bedford agreed. 26 27 A motion was made by Commissioner Bedford, seconded by Commissioner McKee, to 28 accept the rules of procedure as amended. 29 30 Roll call ensued. 31 32 VOTE: UNANIMOUS 33 34 A motion was made by Commissioner Hamilton, seconded by Commissioner Bedford, to 35 take a four-minute recess. 36 37 Roll call ensued 38 39 VOTE: UNANIMOUS 40 41 A motion was made by Commissioner McKee, seconded by Commissioner Bedford, to 42 reconvene the meeting at 9:04 p.m. 43 44 Roll call ensued 45 46 VOTE: UNANIMOUS 47 c. BOCC Boards and Commissions Assignments 48 The Board selected the boards and commissions on which Board members would like to 49 serve during 2022. 50 51 BACKGROUND: 26 1 BOCC members serve on various County and County-related boards and commissions. On an 2 annual basis, BOCC members indicate their desire to continue serving on specific boards or 3 commissions or their desire to make changes. 4 5 Chair Price reviewed the process for selecting boards and commissions assignments. 6 She said each commissioner gets to save one board or commission position in order of 7 seniority, with the exception of Commissioner Richards, who does not currently sit on any 8 boards or commissions. She said Commissioner Richards will then get to pick a board or 9 commission position, and then the selection process will go in reverse order of seniority. She 10 said the process would continue to go back and forth until all positions were filled. 11 Chair Price said there are three task forces on the handout in the agenda packet that 12 were listed separately, due to the nature of the group. She said those task forces are not going 13 to be included in the selection process for boards and commissions assignments. 14 Chair Price said it was discussed during agenda review whether or not it was necessary 15 to continue having the Chatham Orange Joint Planning Task Force. She said there was not 16 much business for the task force, and Chatham County did not seem interested in continuing it. 17 Commissioner Greene said she thought there was a fourth task force that should be 18 removed from the selection process: the Transit Policy Steering Committee. She said the group 19 has always been voted for separate from other boards and commissions. She listed previous 20 Orange County Commissioners who were on the committee and said she served along with 21 former Commissioner Dorosin, who was replaced with Commissioner Fowler. 22 Commissioner Bedford said she supported Commissioner Greene's suggestion, but 23 wanted to make sure that Commissioner Fowler wanted to continue to serve on the committee. 24 Commissioner Greene agreed and said the Board could vote on the members of the 25 Transit Policy Steering Committee at the meeting, but that it should be a different process than 26 the boards and commissions selection process. 27 Commissioner Fowler said she had no problem with the committee being voted upon 28 separately, and she said there have been no meetings since she agreed to serve and she does 29 not feel tied to the committee. 30 Chair Price asked Commissioner Fowler if she would like to continue to serve on the 31 committee. 32 Commissioner Fowler said if no one else was interested, she was fine to continue to 33 serve. She asked about the schedule of the meetings. 34 Commissioner Greene said the next meeting is in January, and she would give 35 Commissioner Fowler the information. 36 Chair Price said the Strategic Communications Work Group has only met once. She 37 said she was not sure if Commissioner Hamilton wants to stay on the group. 38 Commissioner Hamilton said she is happy to stay on the group, but she questioned the 39 number of committees and the process for determining which committees should be chosen in a 40 round robin format and which should not. She said there should be criteria for why the Board 41 would treat some differently. She said groups with a specific task should not be decided in a 42 round robin process, but those that have ongoing work should be decided in a round robin 43 process. She said every commissioner should have a chance to serve on a committee and that 44 at some point each board or commission should be evaluated based on whether their work is 45 ongoing. 46 Chair Price said that evaluation took place during agenda review and highlighted the 47 library task force, the school capital needs task force, and the broadband task force. She said 48 she could see the broadband task force continuing, but right now the task force is getting ready 49 to look at bids. She said the Transit Policy Steering Committee was created after the light rail 50 issue. 51 Commissioner Greene said it had a specific task to revise the transit plan. 27 1 Chair Price agreed and said it could potentially sunset or become something else later 2 on. 3 Commissioner Bedford said the Strategic Communications Work Group should remain in 4 the round robin selection process. 5 The Board of Commissioners made the following selections for boards and commissions 6 assignments: 7 Board Name 2022 BOCC Member ABC Board Commissioner Fowler Alliance Board Commissioner Fowler Board of Health Commissioner Hamilton Board of Social Services Commissioner Bedford Burlington/Graham MPO Transportation Advisory Commissioner Bedford-member Committee Commissioner Richards-alternate Climate Council Comissioner Fowler Community Home Trust Board of Directors Commissioner McKee Cooperative Extension Leadership Council Commissioner McKee Durham- Chapel Hill — Carrboro Metropolitan Commissioner Bedford-member Planning Organization Board Commissioner Greene-alternate Durham Tech Board of Trustees Commissioner Price Family Success Alliance Advisory Council Commissioner Richards Fire Chiefs Association of Orange County Commissioner McKee Food Council Commissioner Greene Go Triangle Board of Trustees Commissioner Price Commissioner McKee Go Triangle Special Tax Board Commissioner Fowler Go Triangle Transit Advisory Committee Commissioner McKee Healthy Carolinians Commissioner Hamilton Commissioner Richards-member Intergovernmental Parks Work Group Commissioner Hamilton-Alternate JCPC (Orange County Juvenile Crime Prevention Council) Commissioner Fowler Commissioner Hamilton Joint Public Safety Training Facility Work Group Commissioner Price Jordan Lake One Water Association-Elected Officials Commissioner Richards Commissioner Richards Justice Advisory Council Commissioner Bedford Commissioner Richards Legislative Issues Work Group LIWG) Commissioner Price North/South Bus Rapid Transit (N/S BRT) policy committee Commissioner McKee 28 Orange County Behavioral Health Work Group Commissioner Fowler Orange County Local Government Affordable Housing Collaborative Commissioner Greene Orange County Partnership for Young Children Commissioner Richards Orange County Partnership to End Homelessness Commissioner Bedford Piedmont Food Processing Center Commissioner Greene Small Business Loan Program Commissioner Price Commissioner Bedford Solid Waste Advisor Group SWAG Commissioner Hamilton Commissioner Hamilton Strategic Communications Work Group Commissioner Price The Chamber For a Greater Chapel Hill-Carrboro Board of Directors Commissioner Richards Triangle Area Rural Planning Organization (TARPO) Commissioner Fowler-member Trans oration Advisory Committee Commissioner Greene-alternate Commissioner Greene-member Triangle J. Council of Governments TJCOG Commissioner Bedford-alternate Commissioner Greene-member Upper Neuse River Basin Association Commissioner Bedford-alternate Visitor's Bureau Advisory Board Commissioner McKee 1 2 A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to 3 approve the boards and commissions assignments as selected by the Board of Commissioners. 4 5 Roll call ensued 6 7 VOTE: UNANIMOUS 8 9 7. Reports 10 None. 11 12 8. Consent Agenda 13 14 • Removal of Any Items from Consent Agenda 15 None. 16 17 • Approval of Remaining Consent Agenda 18 19 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to 20 approve the consent agenda. 21 22 Roll call ensued 23 24 VOTE: UNANIMOUS 25 29 1 Discussion and Approval of the Items Removed from the Consent Agenda 2 None. 3 4 a. Minutes 5 The Board approved minutes from the November 11, 2021 Board of County Commissioners 6 Meeting. 7 b. Second Reading of Amendments of Portions of the Code of Ordinances to Comply 8 with North Carolina Session Law 2021-138 9 The Board considered the second reading of ordinances having misdemeanors as one of the 10 available enforcement options and to repeal or re-adopt the misdemeanor provisions as may be 11 required by law and adopted the proposed amendments and re-adopt existing language as 12 described. 13 c. Schools Adequate Public Facilities Ordinance (SAPFO) —Approval of Membership and 14 Capacity Numbers 15 The Board approved the November 15, 2021 membership and capacity numbers for both school 16 districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in 17 developing 10-year student membership projections and the 2022 SAPFO Technical Advisory 18 Committee (SAPFOTAC) Report. 19 d. Lake Orange Erosion Control Barrier Replacement Project - Construction Contract 20 Award 21 The Board awarded a contract for the construction of the Lake Orange Erosion Control Barrier 22 Replacement Project. 23 e. Approval of Trail Easement— Edward Johnson Property 24 The Board accepted a trail easement donation for the purpose of construction of a section of the 25 NC Mountains-to-Sea Trail (MST). 26 f. Contract for the Development of a Solid Waste Master Plan 27 The Board approved and authorized the County Manager to sign a contract with Gershman, 28 Brickner & Bratton, Inc. ("GBB") for the development of a Solid Waste Master Plan. 29 g. Fiscal Year 2021-22 Budget Amendment#5 30 The Board approved a budget amendment for Fiscal Year 2021-22 for the Health Department; 31 Northern Campus Energy Incentives; Department of Social Services; and Arts Commission. 32 h. Fiscal Year 2021-22 Budget Amendment#5-A 33 The Board approved Budget Amendment#5-A for Fiscal Year 2021-22 for the Employee Wage 34 Adjustment; Schools Achievement Gap and Mental Health Funding; American Rescue Plan Act 35 Funding Replacement; Crisis Diversion Facility Design; and Future Capital Pay-As-You-Go 36 Funding. 37 i. Fiscal Year 2021-22 Budget Amendment#5-13 —ARPA 38 The Board approved Budget Amendment#5-B for Fiscal Year 2021-22. 39 j. Authorization to Approve an Interim Senior Lunch Caterer Contract 40 The Board authorized the approval of an interim food service caterer contract to provide noon 41 meals for the Home and Community Care Block Grant-funded Senior Lunch Program at the 42 Seymour and Passmore Centers for the period January 18, 2021 through June 30, 2022. 43 44 9. County Manager's Report 45 Bonnie Hammersley highlighted the informational items in the Board's agenda packet. 46 She said there is information about the Mountains to Sea Trail from OWASA. She wished the 47 Board happy holidays. 48 49 10. County Attorney's Report 50 John Roberts said he did not have a report and wished the Board happy holidays. 30 1 2 3 11. *Appointments 4 5 a. Orange County Broadband Task Force —Appointment Discussion 6 The Board approved an appointment to the Orange County Broadband Task Force. 7 This item was added to the agenda at the beginning of the meeting. 8 9 BACKGROUND: 10 The Orange County Broadband Task Force is charged to discuss broadband solutions to 11 improve the quality of high-speed Internet services to Orange County residents; and 12 recommend a plan to the Board of Orange County Commissioners to expand reliable high- 13 speed internet services to all county residents and businesses. 14 15 The Board of County Commissioners appoints all 12 members. 16 17 The following member is recommended for appointment for Board consideration: 18 NAME POSITION DESCRIPTION TYPE OF EXPIRATION APPOINTMENT DATE TERM Erica Bryant County Manager Designee First Full Term 01/31/2023 19 20 If the individual listed above is appointed, no vacancies remain. 21 22 Chair Price reviewed the recommendation to appoint Erica Bryant to the task force. 23 24 A motion was made by Commissioner McKee, seconded by Commissioner Greene, to 25 approve Erica Bryant as the County Manager Designee for the Orange County Broadband Task 26 Force. 27 28 Roll call ensued 29 30 VOTE: UNANIMOUS 31 32 33 12. Information Items 34 December 6, 2021 BOCC Meeting Follow-up Actions List 35 Memorandum - Meeting with OWASA Management and Staff on MST 36 37 38 31 1 13. Closed Session 2 None. 3 4 5 14. Adjournment 6 7 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to 8 adjourn the meeting at 9:50 p.m. 9 10 Roll call ensued 11 12 VOTE: UNANMIOUS 13 14 15 Renee Price, Chair 16 17 18 Laura Jensen 19 Clerk to the Board 20 21 Submitted for approval by Laura Jensen, Clerk to the Board.