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HomeMy WebLinkAboutMinutes 12-14-2021 Virtual Business Meeting 1 APPROVED 1/18/22 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS VIRTUAL BUSINESS MEETING December 14, 2021 7:00 p.m. The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, December 14, 2021 at 7:00 p.m. COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford, and Commissioners Amy Fowler, Jean Hamilton, Sally Greene, Earl McKee, and Anna Richards COUNTY COMMISSIONERS ABSENT: None. COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified appropriately below) Chair Price called the meeting to order at 7:00 p.m. A roll call was called; and all members were present. Due to current public health concerns, the Board of Commissioners is conducting a Virtual Business Meeting on Tuesday, December 14, 2021. Members of the Board of Commissioners participated in the meeting remotely. As in prior meetings, members of the public were able to view and listen to the meeting via live streaming video at http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). In this new virtual process, there are two methods for public comment. • Written submittals by email • Speaking during the virtual meeting Detailed public comment instructions for each method are provided at the bottom of this agenda. (Pre-registration is required.) 1. Additions or Changes to the Agenda The Board considered adding a discussion of an appointment to the Orange County Broadband Taskforce under item 11 —Appointments. A motion was made by Commissioner McKee, seconded by Commissioner Greene, to add the appointment discussion to item 11 —Appointments. Roll call ensued VOTE: UNANIMOUS Chair Price dispensed with reading the public charge. 2 Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks those attending this meeting to conduct themselves in a respectful, courteous manner toward each other, county staff and the commissioners. At any time should a member of the Board or the public fail to observe this charge, the Chair will take steps to restore order and decorum. Should it become impossible to restore order and continue the meeting, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. The BOCC asks that all electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. Please be kind to everyone. 2. Public Comments a. Matters not on the Printed Agenda None. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner Fowler said she attended the Chamber of Commerce's legislative forum on December 911. She said David Price, Valerie Foushe, Verla Insko, and Graig Meyer all spoke. She said Congressman Price said the bipartisan infrastructure bill mentioned potential transit funds that could cover things such as the MLK BRT, broadband funds, and possibly public housing for repair and renovation funds. She said the county should be on the lookout for that opportunity. She said she attended the Triangle Area Regional Planning Organization (TARPO) meeting on December 9th, and they reminded attendees that the STIP 6.0 process was halted due to lack of funds. She said they provided scoring for considering how to improve projects for the STIP 7.0 process. She said updates for current projects are available for review on TARPO.org. She said parts of 1-40 will be renamed after Dean Smith and Roy Williams. She said earlier in the day she attended the North Carolina Association of County Commissioners (NCACC) Public Education Steering Committee and heard an update from Nathan Maune of the Department of Public Instruction (DPI). She said Maune discussed using lottery funds for school capital. She said the 2017 needs based public school capital fund was originally opened to only Tier 1 and 2 counties but is now available to Tier 3 counties. She said she would like the county to look at that fund for potential school capital projects. She said they also mentioned that the PS repair and renovation fund in the 2021 budget provides $500,000 per county for classroom facilities. She said she also attended the Health and Human Services Steering Committee earlier in the day. She said there is a website called NCOpioidSettlement.org which provides information on how the funds can be spent. She said she wondered if the funds could be spent towards a diversion facility. Commissioner McKee reminded the Board of his petition to go back to in-person meetings as soon as possible, despite the new COVID-19 variant. He said the Board of County Commissioners (BOCC) is considering going back to in-person meetings in January, and he would like to give it serious consideration. He said he believes the Board should be meeting publicly if at all possible. Commissioner Hamilton wished everyone happy holidays. Commissioner Bedford said on October 51h, Andy Henry from the Durham-Carrboro- Chapel Hill Metropolitan Planning Organization (DCHC MPO) presented information on the 2050 Metropolitan Transit Plan. She said it is a fiscally constrained plan, but reasonable fiscal assumptions are allowed to be made. She said at the November MPO meeting, there was 3 discussion about the potential for a half-cent sales tax increase for transit, and she said that it would require approval by the General Assembly. She said when she read the minutes prior to the Board meeting, she noted that it said a half-cent equivalent and does not have to be on sales tax. She said the half-cent equivalent was already assumed and had been increased to one cent. She said she consulted with the Deputy County Manager Travis Myren and was able to vote yes, but included for the recorded minutes that Orange County was not promising or obligated to put any sales tax increase on a referendum or to fund the equivalent. She said every four years the plan is updated and the expectation for the increase is not until 2031. She said the positive for the increase was a more aspirational vision to do more for bicyclists and pedestrians and multi-modal versus just widening or adding traffic lanes. She said she wanted the rest of the Board to know that she did not obligate the Board to a one-cent sales tax referendum. She said Wake County is working on this and there will be legislative advocacy by other counties to get permission. She said she hopes to attend the NCACC session on the environment on December 15tn Commissioner Richards said she was looking forward to working with the newly elected officials in Chapel Hill and Carrboro who were sworn in the previous week and learning more about how the County can work together with those communities. She said she was impressed with the health department's webinar on alcoholism in Orange County, and it was an informative session, giving a good overview of where we are as a county. She wished everyone happy holidays. Commissioner Greene said she attended the NCACC Justice and Public Policy subcommittee meeting. She said she was happy to see that Cait Fenhagen of Orange County gave a presentation about pretrial diversion. She wished everyone happy holidays. Chair Price said Governor Cooper held a press conference to mark the one-year anniversary of administering the first COVID-19 vaccine. She said a very low percentage of younger children are vaccinated. She said Dr. Kizzy Corbett was honored in Time Magazine, and continues to make Orange County proud. She said Dr. Corbett is a product of Orange County Schools. She said she attended the Chamber of Commerce legislative event. She said the local economy is mainly based on "EdMedBed," which stands for education, medicine, and the hospitality industry. She said the agenda for the Assembly of Governments meeting is being developed and the meeting will be virtual on January 25, 2022, due to it occurring after the holidays and the number of people involved. She said she attended the WCHL "Forum on the Hill". She said she did a segment on economic development. She said she was in conversation with Aaron Keck and Ryan Stewart of Trinsic Residential, who is responsible for the Aura development in Chapel Hill. She thanked Steve Brantley, Economic Development Director, for his briefings. She said Commissioner Richards led a segment on social justice. She said the Orange County Department of Social Services is holding its annual toy chest event from December 13tn through 17tn from 9 am to 7 pm on Mayo Street. She said it is an event to bring holiday joy to children in low-wealth households. She said the One Orange Committee will be conducting a survey on the racial equity plan and will be at the toy chest event. She said this information can also be accessed online. 4. Proclamations/ Resolutions/ Special Presentations a. Recognition of Cedar Ridge High School Volleyball Team for Winning the 2021 State Championship The Board approved a proclamation recognizing the Cedar Ridge High School Volleyball Team on winning the 2021 State Championship. 4 BACKGROUND: The Cedar Ridge High School Volleyball Team won the State 3A championship with its victory in the state finals on November 6, 2021. Chair Price introduced Fiona Cunningham, Coach of the Cedar Ridge High School Volleyball Team. Chair Price read the following proclamation: PROCLAMATION OF RECOGNITION ON CEDAR RIDGE HIGH SCHOOL WOMEN'S VOLLEYBALL TEAM WINNING THE 2021 STATE CHAMPIONSHIP WHEREAS, on November 6, 2021, Cedar Ridge High School Women's Volleyball Team captured the North Carolina High School Athletic Association's (NCHSAA) 3A State Championship; and WHEREAS, under the guidance of Coach Fiona Cunningham, the Cedar Ridge High School Women's Volleyball Team won its first NCHSAA title; and WHEREAS, the Red Wolves completed the season with a 31-2 record; and WHEREAS, the Red Wolves brought honor upon themselves, Cedar Ridge High School, the Orange County Schools District and Orange County; NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners expresses its sincere appreciation and respect to the Cedar Ridge High School Women's Volleyball Team and Coach Fiona Cunningham for the team's outstanding achievement, and their inspiration to youth across North Carolina through their dedication, teamwork, and athletic prowess. This the 14t" day of December 2021. Renee Price, Chair Orange County Board of Commissioners A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to approve the proclamation recognizing the Cedar Ridge High School Volleyball Team for winning the 2021 State 3A Championship and honoring the players and coaches for representing the community with the highest ideals of sportsmanship and integrity, and authorize the Chair to sign. Roll call ensued VOTE: UNANIMOUS Commissioner Bedford said she participated in high school sports herself, and coaches help form character. She thanked Coach Cunningham and congratulated the team. 5 Commissioner Richards said she was a high school and college athlete. She said winning a state championship is the pinnacle. She echoed the comments that coaches play a role in lives of athletes, and setting examples. She thanked Coach Cunningham for mentoring these girls, and congratulated the team. Commissioner Greene extended her congratulations, and wished the team good luck. Commissioner Fowler extended her congratulations. She said she was a former student athlete. She said engagement in schools is importance, and participation in a team is important. She said coaches make a special mark on students. Commissioner Hamilton extended her congratulations to the team, and echoed the comments of other Board members. Commissioner McKee extended his congratulations to the team, the coaches, the staff and everyone who made it happen. Chair Price said she was very impressed by the athletes on the team and thanked them. Coach Cunningham expressed thanks to the Board. She said the athletes earned this honor with the support of their families, the school and the community. She said the school and community empowered the girls to believe in themselves. She said the team worked hard to grow the sport and to get more student athletes involved. 5. Public Hearings a. Proposed Unified Development Ordinance Text Amendment— Modification of Enforcement Provisions Addressing Changes in State Law The Board held a public hearing, received the Planning Board/staff recommendation and public comment, closed the public hearing, and considered action on staff initiated amendments to the Orange County Unified Development Ordinance (UDO) eliminating existing language allowing criminal penalties for violations of certain land use regulations. BACKGROUND: On September 2, 2021, Governor Roy Cooper signed Session Law 2021-138. Portions of the legislation, excerpt contained in Attachment 1, decriminalizes certain types of ordinances including planning and development regulations. Violation(s) of certain provisions of the UDO are no longer potential criminal offences. The full version of the law is viewable here: Session Law 2021-138. The amendment was reviewed by the Board's Ordinance Review Committee (ORC) at its November 3, 2021 regular meeting. Agenda materials are available at: https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 11032021-1326. Attachment 2 contains the draft ORC meeting notes. • What the Amendment Does: Eliminates existing language in Section 9.6.5 giving staff the option of seeking criminal penalties for violations of the LIDO. The proposal renumbers appropriate sections to address the elimination of Section 9.6.5 of the UDO. • What the Amendment Does Not Do: Eliminate language allowing for potential criminal penalties for violation(s) of floodplain management (Section 9.7), soil erosion and sedimentation control (Section 9.8) and stormwater management (Section 9.9) regulations. The Session Law does not modify enabling authority under which these provisions were adopted. As previously indicated the amendment(s) are necessary to address the County's compliance with applicable State law. The County Attorney's office has reviewed the proposal and found it to be legally sufficient. Planning Board Recommendation: The Planning Board reviewed this item at its December 1, 2021 regular meeting (held via Zoom due to current public health concerns) and voted 9 to 1 to 6 recommend approval of the amendments. The member voting no indicated they were not comfortable with the recent State law changes eliminating the County's ability to seek criminal charges for land use violations. Excerpt draft minutes from the meeting and the signed statement of consistency are included in Attachment 3. Agenda materials for the meeting are available at: http://orangecountync.gov/AgendaCenter/Planning-Board-26. Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Consistency, indicating the amendments are reasonable and in the public interest, contained in Attachment 4 and the proposed ordinance contained in Attachment 5. Note Regarding Written Public Comments: Session Law 2021-35 (House Bill 812) became effective on July 1, 2021. A portion of the amended law pertains to written comments for public hearings held in remote meetings during declared emergencies. The Session Law updated the parameters for public written comments. Written comments on the subject of the public hearing can be submitted by interested persons until 24 hours prior to the scheduled time for the beginning of the public hearing. Chair Price introduced Craig Benedict, Orange County Planning Director. Craig Benedict said the amendment decriminalizes violations of the LIDO. He said staff went through the LIDO to remove any language about criminal penalties. He said this does not change potential criminal penalties for violation of floodplain management, soil erosion and sedimentation control, and stormwater regulations. He said these changes were mandated by state law. He reviewed the County Manager's recommendations. A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to open the public hearing. Roll call ensued VOTE: UNANIMOUS PUBLIC COMMENT: None. A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to close the public hearing. Roll call ensued VOTE: UNANIMOUS A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to approve the statement of consistency and the ordinance approving the LIDO text amendments. Roll call ensued VOTE: UNANIMOUS 7 b. Proposed Amendments to the Comprehensive Plan Future Land Use Map and Zoning Atlas - Eno Economic Development District (EDD) The Board held a public hearing, received the Planning Board/staff recommendation and public comment, closed the public hearing, and considered action on BOCC-initiated amendments to the Comprehensive Plan Future Land Use Map and to the Zoning Atlas. As adopted, the amendments will contract a portion of the boundary of the Eno Economic Development District (EDD). BACKGROUND: At its September 14, 2021 meeting, the BOCC voted to initiate amendments to contract the boundary of the Eno EDD and directed staff to proceed with the amendments. Video of the meeting is available at http://orangecountync.gov/967/Meeting-Videos (agenda item 6-b). In 2012, the boundary of the Eno EDD was expanded in anticipation of water and sewer availability. However, recent joint engineering studies have retracted the larger area's viability for public sewer due to Durham system constraints and prohibitive cost. At this time, a smaller primary economic development focus area of 200 acres between 1-85 and US 70 remains viable for public sewer and an existing water line adjacent to the area. The proposed Future Land Use Map and Zoning Atlas amendments affect 112.2 total acres, comprised of 34 parcels. The proposed amendments will prescribe the land uses that will be allowed in the areas that would no longer be part of the Eno EDD. 1. The Orange County Comprehensive Plan Future Land Use Map (FLUM) defines the location of future land use categories and is designed to accommodate a particular combination of general land uses. The FLUM helps achieve a desired pattern of development over time and is implemented primarily through zoning. The proposed amendment to this plan would change the affected areas from an Economic Development Activity Node to a 10-Year Transition Activity Node which is a designation primarily for residential land uses. 2. The Orange County Zoning Atlas is a map of the County's planning and zoning jurisdiction that assigns all parcels a zoning district. Each zoning districts includes specific standards, as outlined in Article 3 of the Unified Development Ordinance (UDO), and specific allowable uses, as are found in the Table of Permitted Uses in Section 5.2 of the LIDO. The proposed amendment would rezone the affected parcels from EDE-1 (Economic Development Eno Lower Intensity) to R-1 (Rural Residential). Maps depicting the affected areas are included in Attachment 2. As contained in Attachment 4, notifications for the public hearing were mailed to affected property owners and those within 1,000-feet of the affected areas on November 29. Signs were posted by staff in the affected areas on November 29. Public Information Meeting — October 26, 2021 Planning staff held an on-line public information meeting on October 26. Other than staff, 9 people, including 3 BOCC members, attended the meeting. Questions from attendees focused on basic zoning information and a comment about increasing traffic noise impacts over the years. The video recording can be viewed at: 8 https://orangecountync.zoom.us/rec/share/OJQhU-2iBUVOnTgRdP6! YudlCN7mn- nKt IaJi9emmX oD8eZMsT9pNn2HLoEAA.JleGSD2Ns2pGsgKx Passcode: ?1KV92kl A combined notice for the public information meeting and Planning Board meeting was mailed to affected property owners and those within 1,000-feet of the affected areas on October 11, 2021 (see Attachment 4 for materials). Signs were posted by staff in the affected areas on October 13, 2021. Planning Board Recommendation: The Planning Board reviewed this item at its November 3, 2021 regular meeting (held via Zoom due to current public health concerns) and voted unanimously to recommend approval of the amendments. Approved minutes from the meeting and the signed statement of consistency are included in Attachment 3 and meeting materials are available at: http://orangecountync.gov/AgendaCenter/Planning-Board-26. No members of the public attended the Planning Board meeting. Planning Director's Recommendation: The Planning Director recommends 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. Note Regarding Written Public Comments: Session Law 2021-35 (House Bill 812) became effective on July 1, 2021. A portion of the amended law pertains to written comments for public hearings held in remote meetings during declared emergencies. The Session Law updated the parameters for public written comments. Written comments on the subject of the public hearing can be submitted by interested persons until 24 hours prior to the scheduled time for the beginning of the public hearing. Perdita Holtz, Planner III, made the following PowerPoint presentation: Slide #1 ORANGE COUNTY NORTH CAROLINA Proposed Comprehensive Plan Future Land Use Map and Zoning Atlas Amendments - Eno Economic Development District (EDD) Decem ber14.2021 Presenter;Perdrta Holtz.AiCP.Planner III 9 Slide #2 Tonight's Purpose • To hold a public hearing, receive the Planning BoardJstaff recommendation and public comment,close the public hearing, and consider action on BOCC-initiated amendments to the Comprehensive Plan Future Land Use Map and to the Zoning Atlas —Initiated at the September 14,2021 BQCC Meeting —If adopted, the amendments would contract a portion of the boundary of the Eno Economic Development District(EDD). ORANGE COUNTY NOICf][GRC11[N. Slide #3 Brief History of the Eno EDD • Most of the area had been + s designated for economic development r ~ purposes since 4.. 1981,when the County adopted a " - Comprehensive "--- Plan. ORANGE COUNTY f�' ]I CAR LINA Perditz Holtz reviewed the map of the Eno EDD. She said all of the area in lavender is designated for the Eno EDD since 1981. She resumed the PowerPoint presentation: 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 W ]I CAR LINA 10 Slide #5 Brief History of Frio ED❑ (continued) • At this time,a smaller =w ECG CP Royd irca primary economic development focus area of 200 acres ' t between 1-85 and US 70 still remains viable for public sewer and an 1 existing water line lies adjacent to the area. - Necessary Utility Services Agreement with - the City of Durham is in process ORANGE COUNTY 1.]OR7]I CAROLINA 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 subdMsion and suggest lower intensity uses (zoning aspect). —No development proposals are related to these proposed changes. ORANGE COUNTY NOFM I CAROLINA Slide #7 Potential Amendments — Future Land Use Map E-EDDA -PWaW l Future Lard use Map H�endmems 112.2 total acres r� (comprised F of 34 parcels) P. '^ t 9qr 4 11 Perdita Holtz said the acreage for potential amendments on the future land use map have been divided into two areas. She said Area 1 is comprised of Green Briar subdivision and Area 2 is comprised of parcels immediately south of Old NC 10, also known as Old Hillsborough Road. She said the proposal is to change the land use designation of these 34 parcels from "economic development" to "10-year transition area," which is primarily for residential uses. She resumed the PowerPoint presentation: Slide #8 Potential Amendments — Zoning Atlas Eno Epp Am a-Pctcrrtial Zan ing?rn—mb.mAs I " i � r L��� Ur env Perdita Holtz said potential zoning amendments would be for the same parcels. She said it would be a change from EDE-1, which is Eno lower intensity, to R-1, which is lower residential. She resumed the PowerPoint presentation: Slide #9 Implications of Amendments, if adapted • Lower the intensity of future development in the area from what could be developed under eAsting economic development zoning. — In either case(rernam 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 12 Perdita Holtz said that EDE-1 is a mixed-use category, and that many of Orange County non-residential zoning districts are also mixed use. She said the county does not have a highly segregated zoning ordinance. She resumed the PowerPoint presentation: Slide #10 Implications of Amendments, if adopted .Sk'1 iilirls f' IAM,4 UJ{All.r�mfolN"allV Pm&ALbL r Y}1rJ*rr�Yr W�UWr&rM Jw rmmLbl AF— SrN•r Teri w• C-1 Ak it +. r } r�YxYxu7' ry Fti�•er.rl hump it Amhy FFIrY�I.wxi Awl Jh��del�L,27 Perdita Holtz showed the planning and zoning matrix, which shows the zoning districts that are allowable and shows land use designations. She said the matrix shows that the existing economic development zoning districts are allowed, along with the conditional districts. She said the change to a 10-year transition means that the appropriate zoning districts are residential, R-1 through R-13, along with some of the conditional districts. She resumed the PowerPoint presentation: 13 Slide #11 Implications of Amendments, if adopted Uses Allowed in EDE-1 Uses Allowed in R-1 (current zoning) (proposed zoning) Care Faalily Bus$.Rail Passenger SWIlffShrl,las,Camnerciel Lelirgs,Si gla�amly, Sahwb.Pc f—u Ad, Retail Lltas 11IP) eupea.oiher9 OMA. SPM.R—ii3. fan-Py rKq parmMed) Gwemkmtal Faolhles SaM€e Was Care Center In a Bug$Rail PasaeW Rmiduioa Sheller klerdarlunrg,AsRarrbyr CarYYash Care Faollty(SLIP) Cemetery{SUP} Pro[essry rah3m rYwq kledim Uses Restaurams GcwnmWAI Faoirim Shai-Term Rental—Fbsl OoD pled ISUP rar some} Clnoe and Flumal Rrieral Horne $otanicw Garderrs d Kerrrel CLM II{SUP} 8"oas Arboredrti9 Resemn Faninymm w swrageaTGno49 CAMP RPP) Teko mToners uUlihas klarOadunrg Parks Telecom Towar9 SUllines Parks Asaarnbry ipeople)U9es. mnEq at type* Reuagonal Faclrnes Whdesale Trade Uses Ravaalloml FaclYbes JWFP {SLIP} DAeIIrg9,&rglelarriry, A99mbry;people)U9es, klab-Farrah.du". wdery oftwes ❑lhaia Slide #12 Implications of Amendments, if adopted (cent.) • Reconfiguration of EDD 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 standards within the EDDswould no longer apply to properties that are not designated E D D 14 Slide #13 Public Notification ! Process • October 26,2021 -Public Information Meeting - Combined Mailed Notice for PI M/PB mailed on October 11 Certlfied mail for preprriy owners whose mning Is prepesad for amendmenl_ • Regular tlrsl class mail to property owners wllhln 1,OM-feel of amendment areas - Combined Signs posted in area on October 13 • November 3,2021 —Planning Board Review and Recommendation • December 14,2021 -BOCC Public Hearing/Potential Decision - Additional mailed notice 1 sign posting on November 29. - Legal Ad publication on December 1 and 8. 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. Slide #15 Manager's Recommendation 1.Conduct the public hearing and accept the Planning Board recommendation and staff/public comment(s); 2.Close the public hearing; 3.Deliberate as desired; and #.Vote to approve the Statement of Consistency (Attachment 1) and Ordinance Approving the Future Land Use Map and Zoning Atlas Amendments (Attachment 2). 15 A motion was made by Commissioner Fowler to open the public hearing. Commissioner Fowler asked if the designation EC could be explained. Perdita Holtz said it means existing commercial, and refers to properties that had commercial uses on them when zoning was first applied in the township. She said in the Eno Township, zoning was first applied in the late 1980s and there was an existing commercial property there. Commissioner Hamilton thanked Perdita Holtz for the informative presentation. She asked how the new zoning would make parcels less dense. Perdita Holtz said that the majority of the parcels that are proposed for rezoning already have only a single-family residence on them. She said that if someone purchased a residence and redeveloped or split a lot, they could only do so if there is enough water and sewer. She said the availability of water and sewer is a component of how dense any development can be anywhere, because you have to be able to dispose of wastewater. Commissioner Hamilton asked if the average parcel size in the area could be identified. Perdita Holtz said she thought it was at least an acre. She said in the Whispering Pines subdivision, the lots are smaller and are zoned R-2. She said the subdivision does not have water and sewer and that many of the undeveloped lots in the subdivision remained undeveloped because they could not find percolation sites for septic systems. Chair Price said this will also prevent a major business from developing next to existing residential. Commissioner Richards asked if the county takes 122 acres out of the development area, is it replaced or does the county continue to reduce economic development areas. Perdita Holtz said that is a policy decision by the Board of County Commissioners. She said in 2018 there was interest in retracting some of the EDDs where the county knew it would not be served by water and sewer and expanding other EDDs, but this idea never really took off. Chair Price said at that time there was more activity in the Buckhorn area, closer to Mebane. The motion to open the public hearing was seconded by Commissioner McKee. Roll call ensued VOTE: UNANIMOUS PUBLIC COMMENT: None. A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to close the public hearing. Roll call ensued VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to approve the statement of consistency and the ordinance approving the future land use map and zoning atlas amendments. 16 Commissioner Richards said she has ongoing questions about designations and what they mean. She said she struggles with the lack of development in economic development district areas from an infrastructure standpoint. She said the county is reliant on Mebane and Durham and their capacity and capability. She said it runs counter to her to have an economic development district when the vast majority of the county is rural and lower density. She said there are only a few areas that are designed for higher density, and she does not understand why there is a lack of infrastructure after 40 years. She said she has spoken with the Planning Department and she was told that this was a political decision that this how the county wants to move. She said the county would have to explore if it wants to do something else. Chair Price said she met with residents in Whispering Pines five years ago who were expressing concern with the intensity and type of use in their community. She said they wanted something that would be compatible with residential as opposed to more manufacturing or high intensity uses. She said since the existing zoning was reliant on Durham and nothing had been done in 40 years, she said it seemed like time to relieve some of the anxiety felt by the residents and put a border around the residential areas. She said they talked about the development on the western side of the County and how that was moving more quickly. Commissioner Richards said her concerns were not so much with this particular item. She said her concerns are global, and she wonders about the county's overall plan and how the county intends to move forward with development when possible. She said she understands the concerns of the residents who spoke at the public meetings Roll call ensued VOTE: UNANIMOUS 6. Regular Agenda a. Fiscal Year 2021-22 American Rescue Plan Act Allocations Round 2 The Board approved the next allocation of American Rescue Plan Act funding to projects, also known as Coronavirus State and Local Fiscal Recovery Funds (CSLRF). BACKGROUND: The Federal American Rescue Plan Act (ARPA) provides direct allocations to local governments. Orange County is designated to receive approximately $28.8 million. The first draw down of approximately $14.4 million was approved by the Board of Commissioners on a budget amendment on June 1, 2021. The second draw down will occur before the end of the current fiscal year. ARPA funds must be obligated by December 31, 2024 and must be fully expended by December 31, 2026. The ARPA funds are intended to broadly address the negative impacts of the COVID-19 pandemic on individuals, government agencies, organizations, and small businesses. The Treasury Department has issued interim guidance on the use of ARPA funds for local governments. This guidance establishes five broad categories for potential investments: 1. Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; 2. Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector; 3. Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic; 17 4. Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and, 5. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. County departments were once again asked to submit proposals consistent with the interim guidance and the goals established by the Board of Commissioners in prior funding allocations. County departments submitted requests totaling over $6.4 million. $3,345,793 is recommended for funding in this round based on project eligibility, ability of the project administration to meet required reporting guidelines, and the positive impact on long term recovery in our community. Those projects recommended for funding in this allocation are listed below by department. Project descriptions may be found as an attachment to this item. 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 ARPA Funding Status Update as of December 14, 2021: • Total Award: $28,839,722 • Total Approved as of June 15, 2021: $8,283,869* • Total Remaining to be Distributed as of June 15, 2021: $20,555,853 • Total FY 2021-22 Round 2 for BOCC Consideration: $3,345,793 • Total Remaining to be Distributed if Round 2 Approved: $17,210,060 *$4,182,392 in previously approved projects were replaced with general fund support after new guidance from the Treasury Department deemed them ineligible or that reporting requirements would cause an undue burden on our local partners. These projects include Outside Agency funding, Visitor's Bureau revenue replacement, Sportsplex revenue replacement, and some Information Technologies projects. 18 Travis Myren, Deputy County Manager, made the following PowerPoint presentation: Slide #1 ORANGE COUNTY NORTH CAROLINA American Rescue Plan Act Round 2 Allocations December 14, 2021 Board of Commissioners Business Meeting Slide #2 6ummary to Date American Rescue Plan Act(ARPA) W.&millon total alocalian Oeligate by❑ecamner 31,2024 Expend by December 31.2025 Reoondladon of Furls 7�talAdbcadon S 26,884,722 IMlal AllaMW4-JOW 3,=1 $ 12,4e$,261 In411911514Exp4nd4urin-Ncomber5.2OL21 $ {2,462,434) 4UIsde Age�c ss-C�c er�6er 5.2021 3 {1.729,958) TotalRounalkllocatinn-Revised S 8,283,Br99 13alanceafAtRPAA10ce6on12.14-W1 # 2D,555,B53 Ellglblllty different from Ooronavlrus Aid.Relief,and -4•� 2 Eoonamlc SecurllyAcl.(CARES Act) �in'rcn D COUNTY Commissioner McKee asked if funds were set aside for broadband infrastructure. Travis Myren said these funds are included in the Total Round 1 Allocation-Revised amount. Chair Price clarified that the full $20 million could not be drawn down at one time. Travis Myren said yes, and resumed the PowerPoint presentation: 19 Slide #3 Round I Allocations ARPA Allocatlons -RDtnd 1 EgrdcdSar Lunch-ti ga $ 119Us FY2021-22eudgar Swat Dutrcoth Harm Ftc"wn and $ WPM ARPAAJ1amYdon&3.M21 5€TE GrentsAdrninpo lion ntlr ORD S M751 FY2D21-22 Budgut Ina OeA anhaac ant brd $ 2spjo ARPAAllac dm&3-2= Cominuaacn of Lagp-L;}c Mc Sa^1l $ L4," FY2021-22 eudgat Gosr-rrnent A&l ea Pace and Equity Ycrrih program S 46-5&0 FY2a21-22 Budget Ewa 01w Pragram ioaffng $ 167,046 FY2021-22 eudgat DIrao Fraargancy+"eq AL 6wnaa JEFLa;Etxdnuras—Far Man& $ 1-140)dO AFTAAIIac don G-3-2021 Adrnin 4hrmnnel}-EHA ar+d Hi using Helpline Terp Sluff S 0357 FY2021-22 Budget Pocplr�h frr i�:lxallrf'rr]i]urgant raPalr prcgrom $ ib)'Cco FY2021-22 eudgar Hauslne Lacamr-Porexe4*m End Hamakr✓rx: $ =10 AFTAAJIac don 6-3-2021 'Reetert tl- A*h'Grunts Fa rJWrel o,@;4- ki S 100-CCO ARKAlloralion&9-2021 Ara Conwisrlan Aid m wpocrad Agana $ 1('" ARPA Alloo dan 6-3-2C21 Ta aid Hasplb&'w Fbcawy $ L CCO FY2021-22Budgut Replxe tenps VferihtyniTkTirdt.+srs with M nenentn-�*riiralioos S SUM ARPA AIIorOon&5-2721 Lang Tln%Han a nar Asslsr aP am $ MQ'CW ARPAAIIac dan 6-3-2021 Durham Tachnlcg Cc rro. W Ccikgg far SrmA easlnass Cantor $ 70p0 ARPA Alloralion&9-2721 InFrayirurjre endrn lerrenftta 5 i.O{QOOO ARPA Alloralion&9-2}21 TOTAL $ x,rxa rra 3Q aallncaredroHnaisrnnaodfvjrrrnrrDiversorr ORANGE COUNTY 3 T OFM r CARGMNA Travis Myren said 30% was designated for direct housing assistance or eviction diversion programming, and 60% was designated to the Broadband project. He resumed the PowerPoint presentation: Slide #4 Emergency Housing Assistance ERA Direct Payments by Income Level Airb alx $2995e1 4 20 Slide #5 Emergency Housing Assistance EHA Direct Payments by Race and Ethnicity it rnro Y k% Mdtl4tmslem 0 �1 ORANGE COUNTY NORTI I CAROLINA Slide #6 Emergency Housing Assistance ERA Direct Payments by lurisdictlan :r�xa srmnxa srsoaxo ]syur �rA00.X0 L50.1'A0 ORANGE COUNTY a taOkTT7I CAROLENA Slide #7 Round 2 Allocation Recommendations • General Approach SWAIn exishng programs through end of hscaIyear Exceptiarrs • Frs1 Re�Wer BenToor.�i Hearn Sernces w:WD • fOnlratlEtl ARPAiAmplanreA39�nre 169696 • Slab�kzabaa PrpQarn hr Fmner Foster Yam 3r-0.000 • TOTAL 3111,@N Use FY2022-23 Budget to introduce new projects ORANGECOUNTY F rAW(I I I f"AROLLKi 21 Slide #8 Round 2 Allocation Recommendations U4"norA WeerlM 141MO R�ownmFnd•d As Manpemen Serdces5 SFeW k=H Pait bri:arlon rpm inn dmendcn comer 599,90G Economc Oe Jopmert iarvnand l-Iospilairy R—y S1 fia'" Emsgency Serdces C—ly Rrse Responder P,elwricral Heath Pra9ran USA N Emergency Services P—md Air Puraying Respimors QPAPRG) M24,006 Fnance G&-kEcl ARPA Coortlnelor In'e 9 H#,-W+i DrecKEHA Rro wa EX"MM9 72,7g0,0W Hoo--j Hous•r(i H@MVQ Coorcineled Fldy` WIoI 5.92,2N Housng Landlord Incemia Prcgram 55 AO if—don 7eshmk9L,Tae.L4 ''ng Sffft e-wngTine Homeowner Asia—Pragarn SOM S-W Sen— Food and cons M support drdhmion and sec.age mo,," S-id Servicss Slahiara-PFopran for F—F..Winih S1 a." sooel 54rykea support W Loy Inoone Fenilde 125,006 7ne41eW 18.U1,11a ORANGE COUNTY a N"FM I CAROLINA Slide #9 Reconciliation with Round 2 Recommendations Reconciliation of Funds 7atalAllaclslon $ 26,1 W722 Round 1 InWA kce*ns-Jnq 6,2021 12,40 261 IneligI3l9ExpendhiresfrnlnRo4nd 1-Decanr6er5.2021 3 (2,452,439) Ouh-drAl w-ss-I]ecrmpse6.2021 g (1,726,6635 ToW Round IAfloridfiulRcvfsrd S d,283,aPr9 Tonal Round2ANoraelunRecomnenobdons S 2.745.793 ealenCe ofARPA MCCe5Wn 1244-211P1 $ 17,21f1, ORANGE COUNTY 9 NORil 1 C ROLINA Commissioner McKee asked if Round 2 funding would be available to allocate in the spring. Travis Myren said yes. Commissioner Richards asked if the budget process could be clarified. Travis Myren said there is an established process for requesting funds for projects and programming, which would also be used for evaluating ARPA requests. He said the budget would show the portion being funded by the ARPA dollars. Commissioner Richards asked if there are separate guidelines for requesting ARPA funds versus regular budget funds. Travis Myren said there may be some things funded by ARPA that would not normally be supported by the General Fund. Commissioner Richards said these funds are designed to respond to a unique situation, and she is troubled by the amount going directly to people coming out of the pandemic. 22 Travis Myren said there is a long-term recovery plan that assessed needs, which is a joint, multi-jurisdictional effort. He said this plan lays out a variety of direct services and needs in the community, public and private, that could affect future allocations. Commissioner Hamilton echoed Commissioner Richards's concerns. She said it seems like in a pandemic, there would be more needs. She said the Board may be missing opportunities to get more funds to folks in need. She said the money was intended to help with recovery, and the Board should want to invest now. Commissioner Hamilton asked about the $150,000 going to the welcome center. She wanted to know how that fits with ARPA. She said it is not clear that using funds for promotional things is a good use. Travis Myren said the welcome center is an allowable use since it was impacted by the pandemic. He said the use of the funds would be for a marketing campaign, to get group activities back. Bonnie Hammersley said group activities will help increase revenue, and there has been a significant loss of revenue in the hospitality industry. Bonnie Hammersley said there are direct funds coming into the community for social services and foster care, and the funds being discussed in this item are in addition to those funds. She said the projects identified in Round 1 and Round 2 are clearly eligible expenses. She said the county is being cautious in spending to make sure that all projects are eligible uses. She said the guidelines are constantly changing, which can be frustrating. Bonnie Hammersley said the Board will have the opportunity to make amendments to the recommended budget as part of the budget process in the spring. Bonnie Hammersley said there are other funds coming into the community for workforce development. Commissioner Greene said the visitors' center took a large hit during the pandemic and it is a challenge to encourage people to come back to Chapel Hill. She said they are developing marketing campaigns. Commissioner Bedford referred to the housing helpline coordinated entry specialist, and asked if a position such as this would potentially be folded in to the regular budget funding when ARPA ends. Travis Myren said there will be some programs that will need to be sustained, and they may be integrated into future funding cycles. Bonnie Hammersley said any positions funded with ARPA are time-limited positions and will be eliminated when ARPA funding ends. She said if the positions are needed to continue, she will find more funds. Travis said an example is the state is covering fees for early childcare payments. He said this will likely need to be extended, and is on the county's list for future ARPA funding, but is not needed right now. Chair Price said the hospitality center took a hit, and anything related to the creative arts took a hit. She said tourism is a big percentage of the local economy. She said places around the country are trying to reintroduce themselves, and the county needs to do something to boost the economy. Chair Price said she and the Mayors thought the long-term recovery plan could be presented at the Assembly of Governments meeting in January. Chair Price said NCACC received $10 million from the state to assist local governments with compliance. She said she would like for the Deputy County Manager to work with NCACC to see how they may be able to help. Chair Price referred to page 6, asked if staff could provide the percentage of the populations in each town and unincorporated areas requested housing assistance at a future meeting. 23 Commissioner Hamilton thanked Travis Myren for his presentation. She said she would like to understand the needs when the Board is allocating funding. She said she wanted to think about the other priorities in the county for capital and educational needs. Commissioner Greene said Triangle J Council of Governments (TJCOG) also received substantial funding to help local governments with spending ARPA funding appropriately. Bonnie Hammersley said Lee Worsley at TJCOG contacted her this morning. A motion was made by Commissioner Bedford, seconded by Commissioner Hamilton, to approve the allocation of ARPA funding for the proposed projects. Roll call ensued VOTE: UNANIMOUS b. Review and Approval of Updated Draft BOCC Rules of Procedure The Board reviewed the updated draft BOCC Rules of Procedure, made changes if appropriate, and approved a final version. BACKGROUND: The Board of County Commissioners first adopted a Rules of Procedure in May 2002. There have been multiple amendments to the Rules of Procedure since that time. When the Rules of Procedure were first drafted, contextual information was included in the form of comments. These comments were drawn from North Carolina General Statutes, literature regarding best practices for local government meetings, and Robert's Rules of Order, and were intended to help the reader understand the purpose of the rule. In Spring 2021, the Clerk to the Board, in consultation with the County Attorney, suggested revisions to the Rules of Procedure to reflect updated North Carolina General Statutes regarding local government meetings, the location of the office of the Clerk to the Board, practices for publishing agendas, and the current process for evaluating the County Manager, Clerk to the Board, and County Attorney. The entire document was also edited for clarity and grammatical errors. The draft was then reviewed and edited by the Chair and Vice-Chair of the Board of County Commissioners. The table of contents will be finalized upon publication. The updated draft was included as an information item to the Board of County Commissioners in the December 6, 2021 Virtual Business Meeting agenda packet. Chair Price reviewed the background information for this item. She said the BOCC can amend the proposed rules this evening, and her goal is to have an accurate and up to date set of rules. Laura Jensen said there have been rules of procedure since 2002, and they have gone through many revisions. She said it is a working document and should reflect the Board and how it operates. Commissioner Greene said she proposed amending rule 19(b)(13), about how the Board can vote. She said it currently says a commissioner can call for a revote after a vote has been taken but it must be done in the same meeting. She said this requires commissioners to really think on their feet, and sometimes voting late at night can require further thought after the fact, and a revote may be necessary. She said this would rarely come into play, but it is important to make this change. She said she would propose mirroring the procedural language of the Town of Chapel Hill, which she read. 24 John Roberts said Commissioner Greene's proposal is appropriate, as it is the will of the Board. Commissioner Hamilton asked if there is a difference between reconsidering a motion and making a new motion. She said the current rules allow for a new motion to be made that can undo a previous motion. She said she wonders if Commissioner Greene's language change is really necessary. Commissioner Greene said that is a good question, but it seems more straightforward to her to revote on a motion, as the wording would stay the same, as opposed to creating an opposite motion. She said she would not put a time limit on this action either. Commissioner Hamilton said she would want a time limit. Commissioner Greene asked if there is a time limit currently. Commissioner Hamilton said no, and currently a new motion has to be made. Chair Price said she recalls the Board doing a revote, but it was done within the same meeting. She said she thought there was a certain amount of time to rethink a vote. She said it would be strange to be allowed to bring something up years later for a revote. John Roberts said a new motion having an opposite effect is similar to Commissioner Greene's proposal. He said he would ask the BOCC to consider the second paragraph is section 14 and see if it affects the Board's thinking. Commissioner Fowler said she is not opposed to rethinking items, but it would depend on the item, as some items have immediate impact or effect. Commissioner Fowler asked if there is still a bulletin board. She also referred to the requirement that all meetings be in North Carolina, unless at a conference, and asked if there are rules regarding virtual meetings, and participant's locations. Laura Jensen said the words "bulletin board" are in the general statute. She said in lieu of a bulletin board, the front doors may also be used. She said the doors of the Whitted Building are functioning as a bulletin board currently, but should she get a bulletin board later this can also be used. She said the statute also requires participants to be in the county for meetings, and the electronic meetings law section has been updated by the County Attorney in the procedures prior to tonight's discussion. Commissioner Greene read the Chapel Hill Town Council procedures that do impose some time limits are taking re-votes. Commissioner Bedford referred to page 86 of the PDF, Section IV Meetings, Rule 6(a) and questioned the need for wording about print media. She asked if print media is currently being used for noticing. She also asked if putting it in the procedures requires it to be done. She recommended removing these words. Laura Jensen said the county is not currently noticing in print media, and a rough estimate of cost would be $200-$300 per notice. John Roberts said including the wording, but not following the practice, would open the Board's decisions to potential challenge. Commissioner Greene said certain notices have to be in the newspaper, but most do not, unless newspapers or radio specifically ask for the notice. A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to approve the amended Rules of Procedure with the words "in print media and" removed from Section IV Meetings, Rule 6(a). Commissioner McKee said he will vote against this as there are still people for whom the newspaper is the only source of information. Chair Price asked when the county stopped putting the notice in the newspaper. 25 Laura Jensen said the County Manager's Office was not certain, but notices of the calendar have not been done for at least 10-15 years. Roll call ensued VOTE: Ayes, 6; Nays, 1 (McKee) A motion was made by Commissioner Greene, seconded by Commissioner Bedford, to amend rule 19(b)13 to read, "the motion to reconsider a previous action may be in order at the same meeting at which the action was taken, or at a subsequent meeting. For certain types of actions, the Board is limited in its ability to reconsider without following additional procedural steps. For example, an ordinance amended or a permit issued following notice and hearing requirements proscribed by ordinance or law cannot be modified without following procedures similar to those followed in the initial consideration. Where a motion to reconsider is in order, it must be made by a Board member who voted with the prevailing side on the action to be reconsidered. Such a motion requires a second and the seconder may be any member of the Board. When such a motion is made and seconded and stated by the chair, the question is, "Shall the Board reconsider its action on the matter to which the motion is addressed?" If such a motion fails, the matter is not reopened or reconsidered. If adopted, the motion is again on the floor for consideration, discussion and action." John Roberts asked if all the current language is being eliminated or just the first paragraph. He said it is on page 101 of the packet. Commissioner Bedford said it is page 23 of this item. Chair Price said there is something to prevent reconsideration for 6 months. Commissioner Greene said it may be best to consider this at another meeting, once the language is fully worked out. Commissioner Greene withdrew her motion. Commissioner Bedford agreed. A motion was made by Commissioner Bedford, seconded by Commissioner McKee, to accept the rules of procedure as amended. Roll call ensued. VOTE: UNANIMOUS A motion was made by Commissioner Hamilton, seconded by Commissioner Bedford, to take a four-minute recess. Roll call ensued VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Bedford, to reconvene the meeting at 9:04 p.m. Roll call ensued VOTE: UNANIMOUS 26 c. BOCC Boards and Commissions Assignments The Board selected the boards and commissions on which Board members would like to serve during 2022. BACKGROUND: BOCC members serve on various County and County-related boards and commissions. On an annual basis, BOCC members indicate their desire to continue serving on specific boards or commissions or their desire to make changes. Chair Price reviewed the process for selecting boards and commissions assignments. She said each commissioner gets to save one board or commission position in order of seniority, with the exception of Commissioner Richards, who does not currently sit on any boards or commissions. She said Commissioner Richards will then get to pick a board or commission position, and then the selection process will go in reverse order of seniority. She said the process would continue to go back and forth until all positions were filled. Chair Price said there are three task forces on the handout in the agenda packet that were listed separately, due to the nature of the group. She said those task forces are not going to be included in the selection process for boards and commissions assignments. Chair Price said it was discussed during agenda review whether or not it was necessary to continue having the Chatham Orange Joint Planning Task Force. She said there was not much business for the task force, and Chatham County did not seem interested in continuing it. Commissioner Greene said she thought there was a fourth task force that should be removed from the selection process: the Transit Policy Steering Committee. She said the group has always been voted for separate from other boards and commissions. She listed previous Orange County Commissioners who were on the committee and said she served along with former Commissioner Dorosin, who was replaced with Commissioner Fowler. Commissioner Bedford said she supported Commissioner Greene's suggestion, but wanted to make sure that Commissioner Fowler wanted to continue to serve on the committee. Commissioner Greene agreed and said the Board could vote on the members of the Transit Policy Steering Committee at the meeting, but that it should be a different process than the boards and commissions selection process. Commissioner Fowler said she had no problem with the committee being voted upon separately, and she said there have been no meetings since she agreed to serve and she does not feel tied to the committee. Chair Price asked Commissioner Fowler if she would like to continue to serve on the committee. Commissioner Fowler said if no one else was interested, she was fine to continue to serve. She asked about the schedule of the meetings. Commissioner Greene said the next meeting is in January, and she would give Commissioner Fowler the information. Chair Price said the Strategic Communications Work Group has only met once. She said she was not sure if Commissioner Hamilton wants to stay on the group. Commissioner Hamilton said she is happy to stay on the group, but she questioned the number of committees and the process for determining which committees should be chosen in a round robin format and which should not. She said there should be criteria for why the Board would treat some differently. She said groups with a specific task should not be decided in a round robin process, but those that have ongoing work should be decided in a round robin process. She said every commissioner should have a chance to serve on a committee and that at some point each board or commission should be evaluated based on whether their work is ongoing. 27 Chair Price said that evaluation took place during agenda review and highlighted the library task force, the school capital needs task force, and the broadband task force. She said she could see the broadband task force continuing, but right now the task force is getting ready to look at bids. She said the Transit Policy Steering Committee was created after the light rail issue. Commissioner Greene said it had a specific task to revise the transit plan. Chair Price agreed and said it could potentially sunset or become something else later on. Commissioner Bedford said the Strategic Communications Work Group should remain in the round robin selection process. The Board of Commissioners made the following selections for boards and commissions assignments: 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 Chief's 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 28 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 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 Transporation 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 A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to approve the boards and commissions assignments as selected by the Board of Commissioners. Roll call ensued VOTE: UNANIMOUS 7. Reports None. 8. Consent Agenda • Removal of Any Items from Consent Agenda None. • Approval of Remaining Consent Agenda 29 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to approve the consent agenda. Roll call ensued VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda None. a. Minutes The Board approved minutes from the November 11, 2021 Board of County Commissioners Meeting. b. Second Reading of Amendments of Portions of the Code of Ordinances to Comply with North Carolina Session Law 2021-138 The Board considered the second reading of ordinances having misdemeanors as one of the available enforcement options and to repeal or re-adopt the misdemeanor provisions as may be required by law and adopted the proposed amendments and re-adopt existing language as described. c. Schools Adequate Public Facilities Ordinance (SAPFO) —Approval of Membership and Capacity Numbers The Board approved the November 15, 2021 membership and capacity numbers for both school districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in developing 10-year student membership projections and the 2022 SAPFO Technical Advisory Committee (SAPFOTAC) Report. d. Lake Orange Erosion Control Barrier Replacement Project - Construction Contract Award The Board awarded a contract for the construction of the Lake Orange Erosion Control Barrier Replacement Project. e. Approval of Trail Easement— Edward Johnson Property The Board accepted a trail easement donation for the purpose of construction of a section of the NC Mountains-to-Sea Trail (MST). f. Contract for the Development of a Solid Waste Master Plan The Board approved and authorized the County Manager to sign a contract with Gershman, Brickner & Bratton, Inc. ("GBB") for the development of a Solid Waste Master Plan. g. Fiscal Year 2021-22 Budget Amendment#5 The Board approved a budget amendment for Fiscal Year 2021-22 for the Health Department; Northern Campus Energy Incentives; Department of Social Services; and Arts Commission. h. Fiscal Year 2021-22 Budget Amendment#5-A The Board approved Budget Amendment#5-A for Fiscal Year 2021-22 for the Employee Wage Adjustment; Schools Achievement Gap and Mental Health Funding; American Rescue Plan Act Funding Replacement; Crisis Diversion Facility Design; and Future Capital Pay-As-You-Go Funding. i. Fiscal Year 2021-22 Budget Amendment#5-13 —ARPA The Board approved Budget Amendment#5-B for Fiscal Year 2021-22. j. Authorization to Approve an Interim Senior Lunch Caterer Contract The Board authorized the approval of an interim food service caterer contract to provide noon meals for the Home and Community Care Block Grant-funded Senior Lunch Program at the Seymour and Passmore Centers for the period January 18, 2021 through June 30, 2022. 30 9. County Manager's Report Bonnie Hammersley highlighted the informational items in the Board's agenda packet. She said there is information about the Mountains to Sea Trail from OWASA. She wished the Board happy holidays. 10. County Attorney's Report John Roberts said he did not have a report and wished the Board happy holidays. 11. *Appointments a. Orange County Broadband Task Force —Appointment Discussion The Board approved an appointment to the Orange County Broadband Task Force. This item was added to the agenda at the beginning of the meeting. BACKGROUND: The Orange County Broadband Task Force is charged to discuss broadband solutions to improve the quality of high-speed Internet services to Orange County residents; and recommend a plan to the Board of Orange County Commissioners to expand reliable high- speed internet services to all county residents and businesses. The Board of County Commissioners appoints all 12 members. The following member is recommended for appointment for Board consideration: NAME POSITION DESCRIPTION TYPE OF EXPIRATION APPOINTMENT DATE TERM Erica Bryant County Manager First Full Term 01/31/2023 Designee If the individual listed above is appointed, no vacancies remain. Chair Price reviewed the recommendation to appoint Erica Bryant to the task force. A motion was made by Commissioner McKee, seconded by Commissioner Greene, to approve Erica Bryant as the County Manager Designee for the Orange County Broadband Task Force. Roll call ensued VOTE: UNANIMOUS 12. Information Items • December 6, 2021 BOCC Meeting Follow-up Actions List • Memorandum - Meeting with OWASA Management and Staff on MST 31 13. Closed Session None. 14. Adjournment A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to adjourn the meeting at 9:50 p.m. Roll call ensued VOTE: UNANMIOUS Renee Price, Chair Laura Jensen Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.