HomeMy WebLinkAboutAgenda 04-26-22; 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 26, 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: March 15, 2022 Business Meeting
Attachment 2: March 21, 2022 Virtual Legislative Breakfast
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
Attachment 1
1
1 MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 BUSINESS MEETING
5 March 15, 2022
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met for a Business Meeting on Tuesday, March
9 15, 2022 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC.
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 1. Additions or Changes to the Agenda
23 Chair Price proposed adding a Resolution in Support of Ukraine to the agenda as Item
24 4-c.
25
26 A motion was made by Commissioner Bedford, seconded by Commissioner Greene, to
27 add an Item 4-c to the agenda to consider approving a Resolution in Support of Ukraine.
28
29 VOTE: UNANIMOUS
30
31 Chair Price dispensed with reading the public charge.
32
33 Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks
34 those attending this meeting to conduct themselves in a respectful, courteous manner toward
35 each other, county staff and the commissioners. At any time should a member of the Board or
36 the public fail to observe this charge, the Chair will take steps to restore order and decorum.
37 Should it become impossible to restore order and continue the meeting, the Chair will recess
38 the meeting until such time that a genuine commitment to this public charge is observed. The
39 BOCC asks that all electronic devices such as cell phones, pagers, and computers should
40 please be turned off or set to silent/vibrate. Please be kind to everyone.
41
42 2. Public Comments (Limited to One Hour)
43 a. Matters not on the Printed Agenda
44 Dale Hodson read the following prepared comments to the Board:
45
46 "My name is Dale Hodson, and I'm a resident of Orange County and Chapel Hill, and I'm
47 not an attorney. I have bad news for Orange County residents, businesses, and organizations
48 that have been harmed by the COVID restrictions imposed by the County: It didn't have to
49 happen. Regardless of the restrictions that the State of North Carolina has imposed, I believe
50 that the March 13, 2020 Orange County State of Emergency declaration, and all amendments to
2
1 it, legally ended after March 18, 2020 — nearly two full years ago. Because of that, I believe that
2 all of the restrictions, shutdowns, and stay-at-home orders issued by the County over the last
3 two years have been invalid and probably illegal after March 18, 2020. Why do I believe this?
4 Because the original declaration and each subsequent amendment and extension are in
5 contradiction to the Orange County Code of Ordinances. Section 14-40 of the Code states: "...
6 Any proclamation issued under this article shall expire five days after its last imposition ..."
7 Again, listen to those words: "shall expire five days after its last imposition" The Code doesn't
8 say that the five day expiration is a guide, or a suggestion, or that a proclamation "might expire,"
9 or "could expire" - the Code says "shall expire." And "shall expire" is an order, not a choice. I
10 understand the desire by the Board Chair to incorporate phrases such as "shall remain in effect
11 until it is rescinded," but I believe such phrases violate Orange County law. The invalid
12 language in the Declaration gives the purposeful impression that the Declaration could go on
13 forever, and certainly longer than the statutory limit of five days. For the entire two years since
14 the Declaration was first published, the Board and others have purposely given the impression
15 that a valid County State of Emergency existed. If the County wanted a State of Emergency
16 longer than five days, it would have been a simple matter: Just issue a new declaration every
17 five days. For the last two years, thousands of County residents and businesses have been
18 harmed by these invalid emergency declarations. I would think that County residents and
19 businesses might seek legal recourse for the mental, emotional, physical, and financial harm
20 they have incurred since the expiration of the Declaration two years ago. I request that the
21 Board publicly display and send a statement to the media saying that the original State of
22 Emergency declaration legally expired after March 18, 2020, and that all subsequent
23 Amendments were invalid because there was no legal Orange County State of Emergency
24 declaration in effect when the various amendments were declared."
25
26 b. Matters on the Printed Agenda
27 (These matters will be considered when the Board addresses that item on the agenda below.)
28
29 3. Announcements, Petitions and Comments by Board Members
30 Commissioner McKee and Commissioner Hamilton had no comments or
31 announcements.
32 Commissioner Bedford said she will represent the Board tomorrow at the Hillsborough
33 Durham Technical Community College Campus during UNC-Chapel Hill's announcement
34 regarding targeted recruitment of young adult students. She said she will report back to the
35 Board.
36 Commissioner Greene congratulated the Eno River Foundation, Town of Hillsborough,
37 and Orange County for the acquisition of over two hundred acres of the Ayr Mount estate, which
38 will be added to the Eno River State Park. She said the area include four settlement areas,
39 including one that date backs to 1,000 B.C., the Orange County Speedway, green buffers, and
40 wildlife corridors. She said this is an exciting addition to the county's protected natural
41 resources. She said that the Orange County Transit Policy Steering Committee has given
42 tentative approval for the final revised Orange County Transit Plan. She said that the plan
43 should come before the Board in the early fall. She thanked Craig Benedict for his leadership on
44 this plan.
45 Commissioner Fowler indicated that the County is allowed to appoint two members to
46 the Alliance Health Board of Directors beginning in April. She said Alliance Health also has a
47 Family and Consumer Advisory Council that can have up to twelve members. She encouraged
48 people to apply for both boards through the Alliance website.
49 Commissioner Richards had no comments or announcements.
50 Chair Price said she received an email from the Triangle J Council of Governments
51 (TJCOG) that they are merging the rural and the metro. She asked for more information on this
3
1 from staff. She echoed Commissioner Greene's comments on the new natural park and the
2 benefits that this will provide to the county. She also congratulated the Arts Commission for their
3 Big Night In for the Arts fundraiser. She shared that Caitlin Fenhagen, Criminal Justice
4 Resource Department Director, has signed up to be part of the North Carolina chapter of the
5 Vera Institute of Justice and their inaugural meeting is tomorrow. She announced that the
6 Orange County 4-H is having an awards program on Thursday evening at 6:00 pm.
7
8 4. Proclamations/ Resolutions/ Special Presentations
9 a. Recognition of Craig Benedict, Retiring Orange County Planning & Inspections
10 Director
11 The Board expressed gratitude to Craig Benedict, retiring Orange County Planning &
12 Inspections Director, for his devotion and service to Orange County.
13
14 BACKGROUND: After 23 years of dedicated service to the Orange County community, Craig
15 Benedict is retiring on April 1, 2022.
16
17 Craig Benedict began his career of service with Orange County as Planning & Inspections
18 Director in 1999. Mr. Benedict worked closely with the Orange County Planning Board and
19 Board of Commissioners on a multitude of issues, projects and initiatives.
20
21 The Board of Commissioners expresses its appreciation to Mr. Benedict for his devotion and
22 service to Orange County residents, Orange County government, and the Board of
23 Commissioners.
24
25 Chair Price read the following letter of recognition honoring Mr. Benedict:
26
27 Orange County Board of Commissioners
28 Post Office Box 8181
29 300 West Tryon Street
30 Hillsborough, North Carolina 27278
31
32 March 15, 2022
33
34
35 Dear Mr. Benedict,
36
37 With this letter, the Orange County Board of County Commissioners does hereby acknowledge
38 the dedication and service you have given to Orange County since your hire as Director of
39 Planning and Inspections on March 1, 1999.
40
41 During your time with Orange County, you worked on a variety of different projects and
42 initiatives that improved the Planning and Inspections department and advanced many goals of
43 the Board of County Commissioners (BOCC). You actively participated in and provided your
44 expert guidance to the advisory board for your department, the Planning Board.
45
46 You also provided guidance to many Commissioners and provided numerous presentations to
47 help the BOCC understand the complex issues that were brought before them. Your skills as a
48 planning professional helped them achieve a greater understanding of the matters under your
49 jurisdiction.
50
4
1 During your tenure, the Orange County population grew by more than 25 percent, and your
2 professional expertise helped guide and manage this growth in a responsible manner.
3
4 You collaborated with many departments, including Transportation, Solid Waste, Economic
5 Development, DEAPR, Tax and many others, and established valuable relationships with the
6 towns and other entities within the county.
7
8 Your imprint in Orange County will remain for decades to come, as you have mentored staff and
9 provided leadership to so many. A testament to the contributions that you have made for
10 Orange County include the following:
11
12 • Water and sewer in both the Efland-Buckhorn-Mebane area and Rogers Road
13 area
14 • Improvement in coordination with N.C. Department of Transportation
15 • SAPFO (Schools Adequate Public Facilities Ordinance) adoption, administration,
16 and implementation
17 • Development and implementation of the Joint Hillsborough Strategic Growth Plan
18 • Development and Implementation of Orange County's 2008 Comprehensive Plan
19
20 Your fun and optimistic personality will be missed. Most of all, your ability to articulate your
21 humor in your poetry will remain unmatched.
22
23 We wish you the best in your retirement.
24
25 Sincerely,
26
27
28 Renee Price
29 Chair, Orange County Board of Commissioners
30
31
32 Craig Benedict said it has been a joy working for Orange County. He said he thinks they
33 have accomplished a lot of the goals of the Commissioners and community set over 20 years
34 ago - to preserve the quality of life in Orange County and not allow some of the explosive
35 growth like is seen in surrounding areas. He said the structure is in place to maintain that and
36 progress going forward. He said it was quite a ride and it is hard to know when to retire, but it is
37 time for the next chapter.
38 Commissioner Hamilton thanked Craig Benedict for his service to Orange County. She
39 said that when she was a new commissioner, she did not realize how much Mr. Benedict did
40 and all the areas his department touches. She congratulated him on all of the substantial work
41 he has done in Orange County.
42 Commissioner McKee thanked Craig Benedict for all of the time he spent working with
43 him to help him with planning items and said he has enjoyed working with him.
44 Commissioner Bedford thanked Craig Benedict for the guidance he has provided her on
45 the complicated work of the Planning Department and wished him well in retirement.
46 Commissioner Greene thanked Craig Benedict for his work on the Transit Plan and all of
47 his work with her as a commissioner and during her time on the Chapel Hill Town Council. She
48 wished him the best in his retirement.
49 Commissioner Fowler thanked Craig Benedict for his many years of service and for
50 orienting her as a new commissioner. She said she hopes he enjoys retirement.
5
1 Commissioner Richards thanked Craig Benedict for the time he has spent with her since
2 she came onto the board in the fall and said his guidance and support helped her come
3 onboard quickly. She said this is indicative of his many years of service and told him to enjoy his
4 retirement.
5 Chair Price said she has worked with Craig Benedict since she was on the Planning
6 Board and expressed thanks for his work over the twenty or so years they have worked
7 together. She wished him well in his retirement.
8
9 b. World Water Day Proclamation
10 The Board considered proclaiming March 22, 2022 as World Water Day in Orange County.
11
12 BACKGROUND: In 1992, the United Nations (UN) General Assembly adopted a resolution to
13 declare the 22nd of March each year as "World Day for Water." In observing World Water Day,
14 governments are invited to devote the Day to the promotion of public awareness, focusing
15 attention on the importance of freshwater and the sustainable management of freshwater
16 resources.
17
18 This year, the theme for World Water Day is "Groundwater - Making the Invisible Visible."
19 Groundwater is invisible, but its impact is visible everywhere. Groundwater may be out of sight,
20 but it must not be out of mind. The theme draws attention to the hidden water resource that has
21 always been critically important, but not fully recognized in sustainable development
22 policymaking.
23
24 This year's campaign will explain groundwater's vital role in water and sanitation systems,
25 agriculture, industry, ecosystems and climate change adaptation. The overarching message of
26 the campaign is that exploring, protecting and sustainably using groundwater will be central to
27 surviving and adapting to climate change and meeting the needs of a growing population (from
28 https://www.unwater.org/world-water-day-2022-groundwater/).
29
30 Upcoming activities related to World Water Day include the UN-Water Summit on Groundwater
31 2022 scheduled for December 7 and 8, 2022, which aims to bring attention to groundwater at
32 the highest international level. Orange County Creek Week will be held March 12-19, 2022
33 (www.orangecountync.gov/CreekWeek).
34
35 Events locally in March include:
36 • The Haw River Clean-up Athon to be held on Saturday, March 19, 2022;
37 • The Ellerbe Creek Watershed Association will lead Creek Week (March 12 through 19,
38 2022) with Clean-Up to be held on Saturdays - March 12 & 19, 2022.
39 (https://www.ellerbecreek.org/attend-an-event.html);
40 • Maude Barlow, and internationally known Canadian writer and activist, will participate in a
41 webinar on March 22, 2022 hosted by Food & Water Watch, with experts and community
42 leaders discussing how to pass the WATER Act, stop water privatization, and ensure
43 clean, affordable water for all (Register here); and
44 • The Women's International League for Peace and Freedom (WILPF-Triangle) and
45 Triangle Raging Grannies will invite the public to celebrate World Water Day 2022 at a
46 "Groundwater — Making the Invisible Visible" event to be held at Northgate Park in
47 Durham on Saturday, March 26, 2022 from 1:00-4:00 pm. The event will include an
48 American Indian Water Blessing, water quality exploration, activities for children,
49 interpretive dance, a parade with Paperhand Puppets, Raging Grannies, the reading of
50 Orange County's Proclamation, scientific explanations of groundwater, and more.
51
6
1 Commissioner Greene read the following proclamation:
2
3 ORANGE COUNTY BOARD OF COMMISSIONERS
4
5 WORLD WATER DAY
6 PROCLAMATION
7
8 WHEREAS, the United Nations (UN) has declared March 22nd as World Water Day and has
9 invited governments around the world to devote the Day to the promotion of public awareness of
10 the importance of water and the sustainable management of water resources; and
11
12 WHEREAS, the theme for World Water Day 2022 is "Groundwater - Making the Invisible
13 Visible," highlighting that Groundwater is invisible, but its impact is visible everywhere, and
14 though it may be out of sight, Groundwater must not be out of mind; and
15
16 WHEREAS, the intended goal of World Water Day 2022 is to acknowledge groundwater as a
17 hidden treasure that enriches our lives, that everyone needs to work together to sustainably
18 manage this precious resource, and that exploring, protecting and sustainably using
19 groundwater will be central to surviving and adapting to climate change and meeting the needs
20 of a growing population; and
21
22 WHEREAS, today, water around the world is under extreme threat from a growing population,
23 increasing demands of agriculture and industry, and the worsening impacts of climate change;
24 and
25
26 WHEREAS, according to UN estimates, 2.2 billion people around the world are living without
27 access to safe water; and
28
29 WHEREAS, climate change is and will continue to strain the availability, quality, and quantity of
30 water for the basic human needs of potentially billions of people; and
31
32 WHEREAS, the UN Sustainable Development Goals provide the clear goal of providing safe
33 water and sanitation for all people by 2030; and
34
35 WHEREAS, the United States uses 82.3 billion gallons per day of groundwater for public
36 supply, private supply, irrigation, livestock, manufacturing, mining, thermoelectric power, and
37 other purposes, according to the U.S. Geological Survey, and 55% of the population of North
38 Carolina depends on groundwater for drinking water; and
39
40 WHEREAS, water use has a direct link to overall monthly housing affordability when
41 considering that ten percent of homes have leaks that waste 90 gallons or more per day,
42 according to the U.S. Environmental Protection Agency; and
43
44 WHEREAS, Orange County recognizes that water and sanitation measures are key to poverty
45 reduction, economic growth, and environmental sustainability; and
46
47 WHEREAS, people around the world and in Orange County value water for its cultural, religious
48 and spiritual meanings; and
49
50 WHEREAS, Orange County serves as the headwaters for three of the major NC river systems —
51 the Cape Fear, the Neuse and the Roanoke; and
7
1
2 WHEREAS, the County contains 15 different watersheds, 10 of which are used downstream for
3 drinking water; and
4
5 WHEREAS, Orange County has been working for decades to monitor and preserve water
6 quality and quantity for residents though programs such as the Groundwater Observation Well
7 Network and policies such as the Critical Watershed Protection Overlay Districts; and
8
9 WHEREAS, dedicated community organizations such as the Triangle Women's International
10 League for Peace and Freedom understand the critical value of water and work to support water
11 preservation and protection in an effort to make water accessible to all; and
12
13 WHEREAS, Orange County residents are helping to protect water quality and quantity by
14 practicing and supporting responsible agricultural practices, wetland protection and restoration,
15 and innovative wastewater management and reuse programs;
16
17 NOW, THEREFORE, we, the Orange County Board of Commissioners, do proclaim March 22,
18 2022 as "World Water Day" in Orange County and challenge residents to celebrate the Day by
19 sharing with each other the ways in which they value water.
20
21
22 THIS THE 15TH DAY OF MARCH, 2022.
23
24
25 Renee Price, Chair
26 Orange County Board of Commissioners
27
28
29 A motion was made by Commissioner Greene, seconded by Commissioner Fowler, to
30 approve the proclamation and authorize the Chair to sign the proclamation on behalf of the
31 Board.
32
33 VOTE: UNANIMOUS
34
35 Lynn Hutchby thanked the Board for passing the World Water Day Proclamation. She
36 said she Triangle Branch of Women's International League for Peace and Freedom has a care
37 for water as well. She said the Board's attention to one of life's necessities has made a big
38 difference. She said that what they have chosen to say that water is life. She said that in 1987
39 she was at a water pump in Togo, West Africa and a woman asked her how she gets her water.
40 She said it has become an emotional experience for her to tell this story of trying to explain a
41 faucet to someone who did not know what it was and had to walk miles every day for water. She
42 said that in response, the woman looked at her and said, "I am so sorry. That must be very
43 lonely." She said that this experience provided insight into her ignorance. She said that she
44 realized that she did not know the source of her drinking water, and that her relationship with
45 water changed after that. She said that she learned about Jordan Lake and that it takes over
46 2,000 gallons of water each minute to cool the Shearon Harris Nuclear Power Plant. She said
47 that the U.S. is the largest energy consumer. She explained that 49% percent of the water in the
48 U.S. goes to generate electricity. She said that when those facts are examined, you find that at
49 home we are more aware of the need to be water protectors. She said that she learned about
50 groundwater and appreciates that Orange County has no large streams originating in other
51 counties that flow through Orange County. She said that the county serves as the upper
8
1 watershed, or headwaters, for three of the major river systems. She said to the east those are
2 New Hope Creek, Morgan Creek, Cane Creek, and Back Creek that flow into the Cape Fear
3 River system. She said that in the North ,the Eno and Little Rivers flow into the Neuse River
4 system. She said that in the south, Hyco and Lynch Creek flow north into the Roanoke River
5 system. She said that there is joy to celebrate access to clean water and sanitation. She
6 thanked the Board again for passing the resolution. She noted there will be an event at
7 Northgate Park in Durham on March 26th for the public to attend.
8 Chair Price invited Wesley Poole to speak on upcoming events.
9 Wesley Poole, Water Resource Coordinator for Orange County, reviewed the upcoming
10 events listed in the background information for the item. He noted that there will be a stream
11 cleanup Friday, March 18th hosted by the Planning and Inspections Department and the
12 Department of Environment, Agriculture, Parks and Recreation.
13
14 c. Resolution in Support of Ukraine
15 The Board considered approving a Resolution expressing support for Ukraine.
16
17 BACKGROUND: On February 24, 2022, Russia invaded the country of Ukraine. This invasion
18 has received significant response from across the globe, with many countries taking political,
19 financial and other actions to express support for Ukraine, as well as voicing opposition to
20 Russia's military invasion and its threat to the people of Ukraine, the remainder of Europe, and
21 the world in total.
22
23 On March 8, 2022, the Carrboro Town Council adopted a resolution in support of Ukraine. The
24 attached draft resolution provides a similar opportunity for the Orange County Board of
25 Commissioners to express its support for Ukraine.
26
27 Chair Price reviewed the background information for the item. She asked if any
28 Commissioners had comments or changes.
29 Chair Price asked if the resolution needed to be read into the record.
30 Laura Jensen answered yes.
31
32 Commissioner Fowler read the following resolution:
33
34 ORANGE COUNTY BOARD OF COMMISSIONERS
35
36 RESOLUTION IN SOLIDARITY WITH UKRAINE IN OPPOSITION TO THE RUSSIAN
37 INVASION, ASSAULT AND ATROCITIES AGAINST THE UKRAINIAN PEOPLE
38
39 WHEREAS, Orange County is a peace-loving community that advocates human rights and the
40 well-being of all people; and
41
42 WHEREAS, the people of Orange County oppose tyranny, unprovoked aggression and war;
43 and
44
45 WHEREAS, North Carolina Governor Roy Cooper issued Executive Order No. 251 condemning
46 and responding to Russia's invasion of Ukraine; and
47
48 WHEREAS, Orange County stands in solidarity with Ukrainian sovereignty and her territorial
49 integrity as an independent and democratic Ukraine, and with the Ukrainian people as they
50 resist Russian aggression, military invasion and the threat to their existence; and
51
9
1 WHEREAS, Orange County supports an immediate ceasefire, sincere negotiations, a
2 humanitarian corridor for Ukrainians seeking safe passage, and the delivery of humanitarian aid
3 to those in peril and to war refugees; and
4
5 WHEREAS, on February 17, 2022, United States Senators Rob Portman (R-OH) and Jeanne
6 Shaheen (D-NH) led a bipartisan group of senators in adopting a bipartisan resolution
7 cosponsored by Senator Richard Burr of North Carolina, in support of Ukraine amid increased
8 Russian aggression; and
9
10 NOW, THEREFORE, BE IT RESOLVED that, the Orange County Board of Commissioners:
11 (1) commends the courage, resolve, and restraint shown by the Ukrainian people in their pursuit
12 of sovereignty and democracy, and pays tribute to the many people who gave their lives in
13 pursuit of a free and democratic Ukraine;
14 (2) reaffirms unwavering support for a secure, democratic, and independent Ukraine, free to
15 choose its own leaders and future;
16 (3) condemns the illegal military invasion of Ukraine and annexation of Crimea by the Russian
17 Federation in 2014, and the violence fomented by Russian proxies in eastern Ukraine, two
18 active conflicts that continue in 2022; and
19
20 BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners encourages
21 residents to advocate for humanitarian aid, ensure safe passage and haven for refugees, and
22 provide support for the Ukrainian people and organizations, such as these:
23
24 o NGO that arranges life-saving equipment for Ukrainian soldiers:
25 https://savelife.in.ua/en/donate
26 o Hospitallers working at the frontline:
27 https://www.facebook.com/hospitaIIers/posts/2953630548255167
28 o Ukrainian Women's Veteran Movement:
29 https://www.uwvm.org.ua/?page_id=3437&lang=en
30 o NGO that assists internal refugees: https://unitedhelpukraine.org/
31 o NGO that assists internal refugees, especially from Crimea:
32 https://www.peaceinsight.org/en/organisations/crimea-
33 sos/?location=ukraine&theme
34 o NGO that aids traumatized children: https:Hvoices.org.ua/en/
35 o A foundation that assists healthcare and education in eastern Ukraine:
36 https://razomforukraine.org/projects/zhadan/
37 o Libereco Partnership for Human Rights that provides evacuation and medical
38 assistance: https://www.Iphr.org/en/humanitaere-hiIfe-ukraine/
39 o Caritas is a foundation that offers humanitarian assistance:
40 https://www.caritas.org/ukraine-appeal-22/
41 o Malteser International provides evacuation assistance: https://www.malteser-
42 international.org/en/donation.html?amount=100&interval=0&fb_item_id=24633
43 o To fund protective and other defensive gear for the Ukrainian army:
44 https://savelife.in.ua/en/donate/
45
46 BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners asks the Clerk
47 to the Board to share copies of this resolution with the mayors of the towns of Carrboro, Chapel
48 Hill, and Hillsborough.
49
50 This the 15th day of March, 2022.
51
10
1 Renee A. Price, Chair
2 Orange County Board of
3 Commissioners
4
5
6 A motion was made by Commissioner Fowler, seconded by Commissioner Bedford, to
7 approve the resolution, and authorize the Chair to sign the resolution on behalf of the Board.
8
9 VOTE: UNANIMOUS
10
11 5. Public Hearings
12 None
13
14 6. Regular Agenda
15 a. 203 South Greensboro— Consideration of Guaranteed Maximum Price (GMP)
16 The Board considered approving next steps for the 203 South Greensboro project with the final
17 Guaranteed Maximum Price (GMP) of $34,692,067 and a total project for construction and a
18 total project budget of$41,174,840. The County's share of the total project cost is $22,218,882.
19
20 BACKGROUND: The 203 Project is a joint venture between the Town of Carrboro and Orange
21 County. The scope for the project includes the construction of a new Orange County library
22 branch as well as permanent facilities for the Skill Development Center. The Town of
23 Carrboro's portion of the project includes meeting spaces, a small theater, and offices. The
24 proposed site of the development is located on an existing Carrboro municipal parking lot near
25 the center of the town.
26
27 This project is being executed through a Construction Manager at Risk (CMAR) project delivery
28 method. This delivery method requires the Construction Manager (CM) to deliver the project
29 within a Guaranteed Maximum Price (GMP) which is based on the construction documents and
30 specifications at the time of the GMP plus any reasonably inferred items or tasks. The project
31 architect for the project is Perkins & Will, and the Construction Manager is Barnhill Contracting
32 Company.
33
34 Bidding for the GMP began on January 17, 2022, and concluded on February 16, 2022. A
35 preliminary GMP and associated budget implications were presented to the BOCC at the March
36 1, 2022 Business meeting. The County received the final GMP on March 8, 2022. The final
37 GMP did not change from the GMP presented at the Board's March 1, 2022 Business meeting.
38 The final GMP for construction remains $34,692,067. The total project budget including design
39 fees, furniture, fixtures, and equipment and a five percent (5%) owner's contingency brings the
40 total project budget to $41,174,840. Based on the County's dedicated space in the building,
41 associated parking, and the County's share of common areas, the County's total project cost is
42 $22,218,882 as shown in the following table:
43
44
11
Town Orange County Total
A.Construction
Total Construction&CMAR $15,490,004.00 $19,202,063.00 $34,692,067.00
B.Design
Architectural Fees(Ratio of CBO/OC Sq. Ft. =44.52/55.48) $752,074.13 $937,220.87 $1,689,295.00
Supp.Architectural Fees(Ratio of CBO/OC Sq. Ft. =44.52/55.48) $252,784.56 $315,015.44 $567,800.00
$1,004,858.69 $1,252,236.31 $2,257,095.00
C.HE&Contingency
Furniture,Fixtures and Equipment(FF&E) $1,688,850.00 $802,225.00 $2,491,075.00
Owner's Contingency(5%) @ Ratio of CBO/OC 44.52/55.48 $772,245.00 $962,358.00 $1,734,603.00
Subtotal FFE&Contingency $2,461,095.00 $1,764,583.00 $4,225,678.00
TOTAL Project Budget $18,955,957.69 $22,218,882.31 $41,174,840.00
1
2
3 Orange County's share of the project construction budget overrun is approximately $4,968,033.
4 The Owner's Contingency, based upon a 5% of the GMP, rose from $530,050 to $962,358, an
5 additional $432,300. The total project budget impact is an increase of $5,400,333. Additional
6 operating costs for the new Library are currently estimated to be $537,670 in the first full year of
7 operation.
8
9 Additional Options for Consideration
10 On March 1, staff presented an option to shell in the County's portion of the facility. That option
11 would produce approximately $1.6 million in total savings but would result in unusable
12 programming spaces until additional funding is allocated to finish the space. Based on the
13 Board's discussion, staff discussed two additional options to reduce the scope of the project and
14 decrease the required budget.
15
16 Option 1: Delete the Orange County Skills Development Center from the project with
17 minimal redesign.
18
19 This option would entail the removal of one level from the building and one level of the parking
20 deck. This option keeps the current design mostly intact. The estimated time for redesign is
21 five months plus an additional two months for re-permitting and bidding. The minimal redesign
22 option would cost approximately $605,000 in architectural fees. The Construction Manager
23 estimates a construction cost savings of approximately $3,765,000.
12
1
2 Option 2: Delete the Orange County Skills Development Center from the project with a
3 more comprehensive redesign.
4
5 This option would take the design back to a conceptual phase but could result in greater cost
6 savings due to the opportunity to utilize a pre-cast parking deck. Additional public hearings and
7 design approvals would be required. The time for redesign with associated approvals is
8 estimated to be fourteen months plus an additional three months for permitting and bidding.
9 Design and preconstruction costs would be applicable. The more extensive redesign would cost
10 approximately $1,539,000. The Construction Manager estimates a construction cost savings of
11 approximately $4,158,500.
12
13 Based on an analysis of the construction market by Barnhill, construction costs are not
14 expected to decline over the foreseeable future. Escalation of material and labor costs is
15 expected to continue nationally due to supply and demand. Other large construction projects in
16 central North Carolina are currently being developed and subsequently the project may
17 experience less interest and less competitive pricing if the project is re-bid at a future date.
18
19
20 Travis Myren reviewed the background information for the item and gave the following
21 PowerPoint presentation:
22
23 Slide #1
Age nda 9[e m 6-a -
ORANGE COUNTY
NORTH CAROLINA
203 South Greensboro
Consideration of Guaranteed Maximum Price
Bard of grange CauntW Commissibners
March 15,2022
s
24
25
26
13
1 Slide #2
Guaranteed Maximum Price
No change from March 1 report
Final Guarante" Maxim urn Pricer-March 10,2022
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2
3 Travis Myren noted that the Guaranteed Maximum Price (GMP) has not changed since
4 the Board received a presentation from Steve Arndt, Asset Management Services Director, on
5 March 1, 2022.
6 He said the development agreement guides how common area expenses (shared costs)
7 are split between the County and the Town of Carrboro.
8
9 Slide #3
Financial Impact of GMP
County Financial Impart
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NORTI I CJLROL[NA
10
14
1 Travis Myren reminded the Board that they approved the current budget for the project in
2 March of 2021. He noted that the GMP has exceeded the allocated budget, so the Board would
3 need to approve an increased budget to move forward with the current plan for the project.
4
5 Slide #4
Debt Metrics
t Aadlilonal Principle and Intereest Payments •$8.2 milion over 24 year term
Debt Service to General FLmet Re rluee Policy
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ORANGE COUNTY
NOR'T]f CkRGL[NA
6
7
8 Slide #5
Scope Reduction
• Option 1 - Delete the grange County Skills Development Center
from the project with minimal redesign
— Tnlle FQr redesign iz seven(7)1Y*ntt«4 ti;permitting and tbiddifng
Redmtgn coot approximately S605.OM in architactura9 fees
Option Z Delete the Orange County Skills Development Center
from the project with a more comprehensive redesign
— Opportunity to utilize=a fare-cast parking deck
Tim* for redesign sevente&n (17)months to permitting and bidding
Redesign woudd costapproximateiy $1.5n,000-
Removes 12,600 square feet of program space and 45 parking
spaces
• The Construction Manager estimates aeon struotion oast savings of
approximately$3.765.000
ORANGE COUNTY
NOR-n I CAROLINA
9
15
1 Travis Myren said that realistically, they are left with the reduction of scope to reduce
2 prices of construction.
3
4 Slide #6
Scope Reduction — Impact on Shared Costs
Current structure of Development Agreement-Shared costs
allocated by percentage of square feet occu pled
— 5 ilesrrark
Crammon areas In b41Ilding
Shared parking (36 WactLs?
Orange County Percentage
— Dec rea5e5 from 54°6 Io 39
CarrWro's Percentage
— Increases from 46%W 61°�
implications for Development Agreement
GRANGE COUNTY
I\X'RTJ I CkRi DANA
5
6
7
8 Slide #7
Scope Reduction Financial Impact
Financial impact of Cost share changes
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GRANGE COUNTY
9
10
16
1 Slide #8
Scope Reduction — Budget Impact
Budget Imp=of Scope Ra4uctlon
Current Budgeted Amount $16,818548
Scope Reduction Budget $15,103,215
Difference -$1,715,333
- Coo my would have sufficient budget to proceed with no budget
adjustment
- used on current Mructuro of the current Development
Agreement
ORANGE COUNTY
NOFUT]f CAROLINA
2
3 Travis Myren said that these changes would be a cost savings of about $7 million dollars
4 for the county. He said this would be less than the current budget and would not need a budget
5 amendment. He said that there would be a necessity to revisit the development agreement.
6
7 Slide #9
Next Steps
R Manager's Recommendation
- Review and consider the 203 ProKd Guerariteed Maximum Price(GMP)
r Questions and Discussion
ORANGE COUNTY
MZIRT7[CAROLINA
8
9 Commissioner Greene asked what the percentage increase is needed to match the
10 budget with the GMP.
17
1 Bonnie Hammersley said it is a 24% increase from the current budget.
2 Commissioner Fowler asked if the first option Travis Myren proposed eliminated both the
3 Skills Development Center and parking.
4 Travis Myren said that option eliminated both. He said that the difference is whether
5 there is a cast in place parking deck or a pre-cast parking deck.
6 Commissioner Fowler clarified that removing the Skills Development Center would allow
7 for a pre-cast parking deck.
8 Travis Myren said yes, because the deck would be able to be separated from the actual
9 building at that point.
10 Commissioner Fowler clarified that this choice would require an additional 17 months.
11 Travis Myren said yes.
12 Commissioner Fowler said to move forward with this change and see savings, Carrboro
13 would also have to agree to paying a higher percentage of the shared costs. She asked if Staff
14 has an idea of Carrboro's willingness to agree to this change.
15 Travis Myren said the Carrboro Town Manager had proposed freezing Carrboro's
16 amount of construction, but the Town Council has not weighed in on that.
17 Commissioner Fowler clarified that if that happened, the County would not be saving as
18 much money.
19 Travis Myren said that is correct, and the county would still have to add about $2.2
20 million.
21 Commissioner Fowler clarified that would be a savings of$4.5 million total.
22 Travis Myren said yes.
23 Commissioner McKee asked if the GMP is an absolute price.
24 Travis Myren said yes, unless the owner (the county) asked for a change, or there was
25 an act of God that required additional construction costs.
26 Commissioner McKee asked what happens if the contractor says they have to have
27 more money or they will go bankrupt.
28 John Roberts said the construction contract will have bond provisions and insurance
29 provisions that will cover those circumstances. He said this scenario is unlikely.
30 Commissioner McKee said that as of March of 2021 they were in for 16 million and that
31 what they are debating tonight is the increase in the project costs.
32 Travis Myren said that is correct.
33 Commissioner McKee asked if there was a reason the project was not started in April
34 2021.
35 Travis Myren said there was no GMP at that point, and it took this long to receive it.
36 Commissioner McKee said the Board approved a budget at that time.
37 Travis Myren said yes, the Board approved a budget of $16.8 million at that time, and
38 now an increase is needed to move the project forward.
39 Commissioner McKee said he understands there was no GMP in April 2021 and asked if
40 the project could have moved forward without that.
41 Travis Myren said if the GMP was set at that time at $16.8 million, construction could
42 have started then.
43 Commissioner McKee said he would have liked to see the project built on land outside of
44 Carrboro, but there was opposition because it was not in town. He said there will still be
45 thousands of people in rural Orange County that will have to access the library by car. He
46 indicated he is not sure if he will vote yes on this tonight because there is a lot about the project
47 he does not like. However, he said he does like the educational component of the library.
48 Chair Price noted that the Skills Development Center will still need to have rental space
49 if not included in the project. She asked about the total savings to the county in light of this.
50 Travis Myren said the 20-year rent cost is $4.6 million and tonight the Board would have
51 to approve $5.4 million increase for the project to move forward as is.
18
1 Chair Price asked if the county is saving any money in the long run.
2 Travis Myren said over the 20-year period there would be a savings.
3 Commissioner Richards asked what capital projects would be impacted in the 1-5-year
4 period if the Board did not want to raise taxes at all.
5 Travis Myren said he would follow up with information on that.
6 Commissioner Richards asked if there are projects in years 1-5 in the CIP that could be
7 pushed back or eliminated.
8 Travis Myren said he cannot think of any discretionary projects.
9 Bonnie Hammersley said the CIP was scrubbed for the Durham Tech facility, which was
10 not approved, so all of the remaining projects are needed. She said that all of the parks and
11 other discretionary projects were moved out to years 6-10.
12 Commissioner Fowler said to get the CIP back under, the Board took money from lands
13 legacy, so there is not anything left to move.
14 Commissioner McKee asked if there is $4 million in capital reserve that could be used.
15 Bonnie Hammersley said yes. She said that staff is discussing anticipation of inflation
16 increasing in 2023 and using the reserve to address price spikes for other projects.
17 Chair Price asked Bonnie Hammersley if she has heard from President Buxton regarding
18 Durham Tech.
19 Travis Myren said he did. He said that Durham Tech is planning to resubmit a proposal
20 for an expansion to the current facility, rather than a separate facility as proposed previously.
21 Chair Price indicated that Durham Tech is now considering a renovation and expansion
22 of their current facility rather than a separate building because Durham is putting a bond
23 referendum on the ballot to cover a new facility in Durham, which would eliminate the need for a
24 similar building in Orange County. She said the money the county has been trying to find for a
25 second building would be much less if it were just a renovation and expansion.
26 Commissioner Fowler asked if moving forward with the project would be a guaranteed
27 tax increase.
28 Travis Myren said with the current budget approved in April 2021, there was a need to
29 raise taxes, so there will need to be an additional tax increase if the increased project budget is
30 approved.
31 Commissioner Fowler asked if that means in the next year that would be a fifty-cent tax
32 increase.
33 Travis Myren said it is a .15 increase.
34 Chair Price asked if they could use some of the Durham Tech money to cover this.
35 Travis Myren said those funds are budgeted too far out in the CIP for current use.
36
37 Chair Price invited public commenters to speak.
38
39 Nerys Levy indicated she is representing the Friends of Carrboro Library. She said that
40 34 years ago the Friends began their quest for a public library in southern Orange County. She
41 said that in 1995 the Carrboro library was established in the McDougal Schools and that in
42 2004, the Carrboro Cybrary was established. She said there have been three library task force
43 to examine the state of the county's libraries. She said prior to library opening in Hillsborough,
44 Orange County was 76th in the state for library provision. She said that with the approval of the
45 library in Hillsborough, Orange County's rank moved to 501h and has remained. She said that
46 Wake County has 22 libraries and Durham County has 12. She said that the Town of Carrboro
47 will provide land for the library and that is now valued at 1.4 million. She said that libraries
48 promote community and equity. She said that the 203 project is close to Orange Literacy and EI
49 Centro Hispano. She said that in 2021, the county closed the McDougal school's library. She
50 said all that remains to serve Carrboro and southwest Orange County is the Cybrary. She said
51 that any redesign will cause delay and higher cost to the project. She said that it would deny
19
1 another generation of students that live in low-income housing in Carrboro access to a library.
2 She said that there is no off ramp for this project. She said that the library is the highest benefit
3 to its people. She urged the commissioners to vote to approve the GMP.
4 Lydia Lavelle addressed the Board. She asked the Board to please stay with this project
5 as partners with Carrboro. She said that none of us could have anticipated the financial cost
6 related to COVID 19 and supply chain issues. She said that many boards in the past have also
7 worked on this project. She said that this project is so important to the Town of Carrboro that it
8 is offering almost as much money as the county and is donating land. She said that construction
9 costs are not expected to decline soon, so redesign would ultimately cost more money. She
10 said that the federal ARPA and CARES money has allowed the County to give money to other
11 county departments and those departmental unused general funds could be allocated for the
12 project. She said if the Board were to pull from the project, she fears it will never be funded. She
13 said they have been able to fund the Orange County Detention Center and the Durham Tech
14 building. She said that it is sited where it is to be near so many services and public transit. She
15 said the parking deck will allow for more economic impact. She urged the commissioners to stay
16 the course and approve the project.
17 Kathy Kaufman said she has been a rural southwest Orange County resident since
18 1995. She said the Board should lock in the GMP for the 203 project. She said a library
19 downtown would have been immeasurable for her own children during their school years. She
20 said there are many students in Carrboro who cannot access the Chapel Hill library but would
21 benefit from the 203 Project. She said that the other organizations housed in the building will be
22 beneficial to the economy. She said that this project is 30 years in the making and should not be
23 delayed. She said that a delay will be less project for more cost. She said that the investment
24 will pay back into the future.
25 Cameron Binkie thanked the Board for their attention. He said he is a resident of
26 Carrboro and asks the Board to move forward with the library project. He said the Board has the
27 challenge to decide what they will allocate money to. He said everyone can benefit from a
28 library and is free to everyone in the community regardless of background. He said that a library
29 will bring more people downtown.
30 Ree Ree Wei said she is the executive director of a nonprofit called Transplanting
31 Traditions Community Farm. She said she is from Chapel Hill. She said her community is
32 dependent on the library in many ways and serves as a community space. She said that the
33 Carrboro (CH) Public Library was the first library she attended that had books in her language.
34 She said the library was a space for her to learn and expand her knowledge. She said the
35 location of the library will be accessible for her community members.
36 Tom McQuiston said 15 years ago, his son died of a drug overdose while he was a
37 student at East Chapel Hill High School when he was 18 years old. He said that they took their
38 grief and made the Reintegration Support Network and a Youth Center. He said the youth
39 center that is proposed to be part of this project is the result of some of this work. He said that
40 Bob Seymour fought for the Senior Center and now it is an important symbol of the type of
41 Community here in Orange County. He said that there was a report from the US Surgeon
42 General that there is an unprecedented need for mental health support in teens right now. He
43 encouraged the Board to do whatever necessary to move forward with the 203 Project with a
44 youth center there.
45
46 Commissioner Fowler asked if the Board goes forward with the current increased price,
47 how that will impact the timeline to fund capital needs of schools and the Crisis Diversion
48 Facility.
49 Travis Myren said the CIP that is being worked on now, includes additional funds for
50 school repairs and there will be capacity for a $120 million bond in 2027. He said the Crisis
20
1 Diversion Facility is an unknown and not currently in the CIP. He said the county also needs to
2 reckon with the replacement of the recreation center that also is not in the CIP.
3 Commissioner Fowler asked if that is repairs for the recreation center.
4 Travis Myren said the needs are not known right now, but significant work will be needed
5 in the next 10 years.
6 Commissioner Fowler asked for additional info on $4 million capital reserve.
7 Travis Myren said there was a fiscal year end surplus last year and the Board approved
8 allocating some of it for capital reserve, as well as some for COVID-related expenditures that
9 may not be reimbursed by FEMA. He said the Board could allocate the money to this project
10 through a budget amendment and finance the remainder.
11 Commissioner Fowler asked if taxes still have to be raised even if the capital reserve
12 money is used.
13 Travis Myren said taxes are already increasing for the current project budget, and if the
14 $4 million in capital reserve is used, less money would be needed, and thus less of an
15 additional tax raise. He clarified that taxes would still have to be raised by some amount
16 regardless.
17 Commissioner Fowler asked if that means other projects would not be addressed until
18 after 2027 or beyond.
19 Travis Myren said yes, if the Board wants to maintain the tax rate.
20 Commissioner McKee asked if there is an option to get out of the Skills Development
21 Center lease and what the cost would be.
22 Travis Myren said the first term is up either this year or next year.
23 Commissioner McKee clarified that if the county did not extend the lease, then there
24 would be no cost.
25 Travis Myren said correct. He said he ran the numbers, and over a 20-year term, the
26 cost would be $6.4 million in Skills Development Center rent at Europa Center, compared to the
27 principle interest of$8.2 million.
28 Commissioner McKee asked how many years the terms of the lease are.
29 Travis Myren said he is not sure.
30 Commissioner McKee said his concern is that the project will not be ready before the
31 county would have to renew for a new lease term.
32 Travis Myren said the county can negotiate an extension based on the progress of the
33 project.
34 Commissioner McKee clarified and said that the Board is not locked into renewing for 5
35 or 10 years and that the Board could negotiate different terms.
36 Travis Myren said that yes those are voluntary.
37 Commissioner McKee said the Board gives around $568,000 a year to the Chapel Hill
38 Library and asked how the Library Task Force is going. He asked about where those
39 discussions are now.
40 Travis Myren said the first meeting has taken place and the next one is scheduled for
41 April.
42 Commissioner McKee clarification that there will be ongoing expenses to the library of
43 half a million dollars, in addition to the cost of construction, for staffing and maintenance of the
44 library. He said this could open a conversation on renegotiating the amount given to Chapel Hill
45 Library. He said that he wants to mention again that this is an ongoing expense outside of
46 construction.
47 Commissioner Bedford said she looked at the CIP to try to find projects, but there is not
48 flexibility in it without additional debt capacity. She asked what the current cost is per parking
49 spot.
50 Travis Myren said $48,000 per spot.
21
1 Commissioner Bedford said she supported the parking deck a year ago when it was not
2 this much. She recalled that Commissioner Fowler tried to get the Board to decrease parking at
3 that point and she wishes she had listened. She said she cannot justify $48,000 per parking
4 spot when there are so many other critical county needs, including supporting RENA and
5 affordable housing. She noted that every year since she has been a commissioner, the Orange
6 County Partnership to End Homelessness asks the Board for less than $2 million to address
7 community needs, and additional money has not been budgeted. She said that they were able
8 to receive COVID federal funds and those were used to start the street outreach team. She said
9 that team has been very successful but that because the federal funds were a one-time
10 allocation, those positions will expire on June 30th. She said that when they go over in Capital
11 and don't raise taxes, the debt services have to be reduced at operating. She said that at the
12 county level, the Link Building was condemned because of mold and still needs to be taken
13 down. She noted that CARES money has all be spent and ARPA money will be used for
14 broadband. She said that the behavioral health crisis center needs the service now. She said
15 there is $50,000 for sustainability projects in the capital budget – but for climate that is not very
16 much. She said the money that is already spent is sunk costs and that is not how to make a
17 decision going forward. She said she does not see the capital reserve covering the costs. She
18 said that she does not see the parking spots rising to the need to spend $48,000 per spot. She
19 said this is a wonderful project, but the county has greater needs. She said they did not give
20 employees raises two years ago. She said that they did not do a raise in the per-pupil spending.
21 She said that the children have gorgeous libraries at school, so they do have those books to
22 take home during the day. She said she won't be supporting this project at this point but thinks
23 the county can still work with Carrboro to get additional library services there. She said she
24 does not believe the building is doable at this point.
25 Commissioner Hamilton said it is hard being a commissioner and to weigh all of the
26 needs of the county. She said she thinks about those who are most vulnerable in the county,
27 and there are a lot of residents who fit that. She said she has been passionate about the capital
28 needs of schools, and there are old schools that are not safe anymore—it is more than just
29 school repairs. She said the schools that have the open campuses, like Estes Hills, were once
30 wonderful, but now are no longer safe. She said it would take millions of dollars to address
31 these issues. She said children are on the list of the most vulnerable. She said that if the school
32 environment that helps them learn then that impact will roll on for years. She said that the
33 community has failed many children because they have not addressed the capital needs. She
34 said now that schools are not expanding, it is the time for the community to commit to spending
35 money on decent schools. She said that cannot be done without millions of dollars and making
36 tough choices. She said another important potential project is the Crisis Diversion Facility for
37 residents who are experiencing mental health crises. She said this will keep people out of jail
38 and it will keep those who are suicidal out of emergency rooms. She said this is a need that the
39 county does not have in the CIP and will be millions of dollars. She said that they need to make
40 hard choices. She mentioned the current events in Ukraine and the unknowns. She asked how
41 that will impact the future and citizens will have the ability to pay for taxes if the county needs to
42 raise the. She said that as an economist, one of the first things they teach them is about sunk
43 costs. She said in behavioral economics there is discussion on how people want to continue to
44 follow through on projects because of the invested time, money, and energy without regard to
45 whether the current costs outweigh the current benefits. She said she is looking at now and the
46 economic environment going forward to determine where the dollars are going to be best spent.
47 She said that she feels it would be spending for the most vulnerable and that she does not feel
48 that the library is in that category. She said the uncertainty in inflation and higher costs also
49 makes this project hard to do.
50 Commissioner Greene noted that Carrboro is discussing this matter tonight as well. She
51 said that before the meeting she learned from the mayor that there will be six votes for the
22
1 project to continue and one vote against it, with the one against being the same person that has
2 historically voted against it. She said that Carrboro is the county's partner and has been from
3 the beginning. She said there is such thing as good faith and reliance on a partner. She said
4 this is a joint project that has been looked at favorably from previous commissioners. She said
5 there has been a lot of time, energy, money, effort that has gone into this project so far for so
6 many good reasons. She said that if they turn their backs on the project, they would be failing
7 so many. She said that from a preservation perspective, there is the concept of embodied
8 energy. She said that is when you do not want to tear down and old building because of all of
9 the energy already spend building it. She said that while there is not a building at the project yet
10 but plenty of energy and money that has gone into it. She said if it were not for the cost
11 increase, the Board would be moving ahead and would already be spending $16.8 million for
12 this project. She argued that an increase of $5.4 million is not the whole cost of the library. She
13 said the commissioners will not all agree with where the money should go if not toward this
14 project. She said that a public library is as important as schools and a behavioral health center.
15 She said that because the Board believes in investing in early childhood. She said all speakers
16 have told the commissioners of all the other benefits—social safety net benefits—that the
17 county is charged with providing, that will be brought to the community with the approval of the
18 library. She said that providing a place to gather for the youth will prevent them from future
19 needs of behavioral health or crisis intervention. She said this will not be just a resource for the
20 middle class in Carrboro to use. She said there are over 20,000 people in Carrboro that are not
21 being served by a library. She said they have funded the Family Success Alliance because they
22 invest in early childhood and families. She said she cannot advocate for this project strongly
23 enough. She said she would propose allocating $3 million in capital reserve fund to this project
24 and finance the rest. She said this is not a project the county should turn its back on and if that
25 happens, it is bad business for partnership with Carrboro or any other municipality. She said
26 that in regard to the Chapel Hill library, ever sense the project of the southwestern project came
27 up, that over time it would make sense for the county's contribution to go down over time. She
28 noted that libraries also provide internet access for people who do not have it another way. She
29 said many people do not have internet access and there should be public access to computers
30 in this part of town. She said she is passionately in favor of moving forward with this project.
31 Chair Price said Commissioner Greene said many of the things she was going to say.
32 She said a library is more of a place of books—it is a resource; it is for adults and people who
33 don't have resources at home in addition to children. She said it is important for students to
34 gather and study together. She said that schools close and people need a place to go in
35 evenings and weekends. She said libraries were important to the Civil Rights Movement in the
36 south. She said it is a place where differences can be equalized, because it is a place of coming
37 together. She said libraries provide a venue for tutoring and other support services. She said
38 that the Crisis Diversion Center is currently a concept and there is no guarantee that will be built
39 anytime soon, just because this library is not built. She said the people in Northside, Southwest,
40 the rural area, the refugee communities will be able to access the library and facilities. She said
41 this collaboration with Carrboro speaks to One Orange—human development in addition to
42 community development. She said that $5 million is a lot of money but would hate to see it go
43 by the wayside after all of the effort put into it. She said that she is in 100% support of this
44 project.
45 Commissioner McKee asked if there are plans to guarantee parking spaces remain
46 available for library patrons.
47 Bonnie Hammersley said there will be signage with time limits but there is not a way to
48 enforce.
49 Commissioner McKee said the motion in March of 2021 included reduction of
50 construction contingencies and window glazing to 36%, removal of the justice center and a
51 generator and to delay conservation easements. He asked if these have been incorporated.
23
1 Travis Myren said yes.
2 Commissioner McKee said he doesn't like the location of the project but can overlook
3 that. He said he is supportive of the building but is not supportive of shelling out and scope
4 reductions. He said at this point the Board should approve it or walk away from it, and he does
5 not want the latter. He said the library is a component of education. He said that he does not
6 buy the economic development or the cost per person arguments, or that the county is required
7 to build libraries. He said it has been looked at long enough and it is not going to get any
8 cheaper. He said that they need to move forward with it.
9
10 A motion was made by Commissioner Greene, seconded by Commissioner McKee, to
11 proceed with the project as proposed using $3 million cash and that the other $1 million be
12 financed.
13 Commissioner Bedford asked if the $3 million available or if it will have to be financed.
14 Bonnie Hammersley said it is available in the reserve.
15 Commissioner Richards asked if that happens, what impact would that have to the tax
16 increase.
17 Bonnie Hammersley said there is some increase needed for what is already approved.
18 She said that the additional proposed increase would decrease additional increase by more
19 than half. She said that using the cash would make the increase minuscule.
20 Commissioner Fowler noted it would also reduce planned increases in future years. She
21 said this has been a difficult decision because everything about it sounds great except for price
22 of parking. She said that the GMP is not guaranteed from her experience with previous projects.
23 Bonnie Hammersley said she has dealt with GMPs before and from the county side
24 there will be no increase to cost.
25 Commissioner Fowler said her past experience with the school board they were very
26 good at finding Acts of God to increase the GMP. She said that everything about the project
27 feels useful, but school needs are not imagined and are the county's obligation. She said she
28 agrees with the statements made by colleagues about who will be served by library.
29 Chair Price said some of the parking will be used for the Town of Carrboro.
30 Commissioner Greene said the Board has the Manager's word that the GMP will be
31 what the GMP is, and this board is a different board.
32 Commissioner Bedford said with this project, more affordable housing, especially PSH
33 gap will not be met.
34 Chair Price said there are many needs and there is not guarantee which projects will be
35 affordable or not.
36 Commissioner Greene said she has worked as hard on ending homelessness as anyone
37 has, but there are other sources for money for housing. She said it feels wrong to pit that need
38 against the library. She said that not moving forward seems like a colossal breach of faith.
39
40 VOTE: UNANIMOUS
41 Ayes (Commissioners Richards, Fowler, Greene, Price, and McKee)
42 Nays (Commissioners Bedford and Hamilton)
43
44 Commissioner McKee left the meeting at 9:06 pm.
45
46 b. Recommendations for Employee Health Insurance and Dental Insurance
47 The Board considered approving the Manager's recommendations regarding employee health
48 and dental insurance effective July 1, 2022 through June 30, 2023.
49
50 BACKGROUND: The County provides employees with a comprehensive benefits plan that
51 includes participation in robust health and dental insurance plans for employees and their
24
1 families. Each year, the Board of Commissioners is asked to review and approve health and
2 dental insurance rates in advance of the annual budget so that open enrollment can be
3 completed prior to the beginning of the plan year which starts on July 1.
4
5 Health Insurance
6 Since the Board of County Commissioners approved Orange County's participation in the North
7 Carolina Health Insurance Pool in FY 2018-19, the County has maintained the same monthly
8 premium equivalent rates for health insurance and dental coverage for employees and pre-sixty-
9 five retirees based on stable claims experience.
10
11 Funding for the health plan is based on estimated premium equivalents rates that are necessary
12 to pay for incurred claims, administrative costs and expected liability of claims incurred but not
13 yet reported (IBNR). The plan also carries a reserve balance which ensures the County's ability
14 to pay claims. A reserve policy or the fund ratio target should range between 1.5 and 3.0 over
15 IBNR to ensure the ability to pay for future claims based on current claims experience which
16 currently have been higher than expected. The current fund ratio is 1.9 through January 2022.
17 In FY2022-23, that reserve amount is recommended to be 2 to 2.5X of expected IBNR liability.
18
19 In the current fiscal year, the Health Insurance plan experienced an increase in the overall
20 number of claims, higher costs per claim, and two very high-cost claims. Although the plan is
21 projected to have a positive year-end balance of $1,380,254, additional funding is necessary to
22 cover projected total plan costs for FY 2022-23 and to build reserve levels for future
23 sustainability of rates. The actuarial analysis conducted by the North Carolina Health Insurance
24 Pool is recommending an increase of five percent (5%).
25
26 The Manager recommends that the County assumes 100% of the recommended 5% increase
27 and that the employee contribution continues at current rates. This represents a total budget
28 increase of$626,813.
29
25
1
FY 2020-21 through FY 2021-22 Health Insurance Rates
Monthly Employee Employer
Year Rates Cost Annual Cost Contribution Contribution
2021 Current Rates $1,048,610 $12,583,316 $1,637,930 $10,945,390
2022 Renewal Rates $1,100,844 $13,210,129 $1,719,517 $11,490,611
Current Rates with Employer
2022 Increase Only(Renewal) $1,100,844 $13,210,129 $1,637,930 $11,572,198
Net Increase $52,234 $626,813
2
3 Dental Insurance
4 Delta Dental is the County's Dental provider and the County will continue to provide coverage
5 with Delta Dental. The Board of County Commissioners approved an increase of funding
6 totaling $92,236 (County contribution of $73,286) for the FY2021-22 Dental Fund. The total
7 Dental budget is currently $639,000 and no increase is recommended for FY2022-23.
8
9 Brenda Bartholomew, Human Resources Director, reviewed the background information
10 for the item, and gave the following PowerPoint presentation:
11
12 Slide #1
ORANGE COUNTY
NORTH CAROLINA
Action Item 6-b
Reccmrnenclaticns for Employee Health Insurance and
Dental Insurance
effective July 1, 2022 through June 30, 2023
Larch 15, 2422
13
14
15
26
1 Slide #2
Background
Joined North Carolina Health Insurance Pool
(NCHIP)
- July 1,2018 by DOCC approval
mbirlad
+ Gounty has maintained monthly premiumcamon.#sari
equivalent rates for health insurance
- suable claims experience
- high reserve in transition year
For the FY 2.02012021 and FY 202112022 plan
years, maintained budgetof$13-3 million
• Dental Insurance is provided by Delta Dental
- total Dental budget is currently$639,000
ORANGE COUNTY
1 NOW17 f CAROLLNA
2
3 Brenda Bartholomew said the monthly premium has been maintained by county since
4 2015 and not passed onto to employees.
5
6 Slide #3
Budget Summary
• Although the plan is projected to have a positive year-end reserve#alan^e ❑`
additional funding is 1lecessary
• build reserve levels for Mure SUSlai:nablllty of raps
• to coverpr9jected total place costs f9r FY 2023!2023
— increase in the overall number of cieim5
— higher casts per claim
— fliph member of high clairns
— two very high coat cila ima
• The current fund ratio is t,gx through Jarmary 2022
— Chan Sh6VA through decemter 2021;this is within tho raleo to Cow expected
(IONR); our to-rget is 2.5X
Ending YTD Fti 22 Taial Bakwice Esurnmed Reserve Resende
tieA3we 1=Y2T 18NR Needs Raga
$1,957,777 -$684,780 $1,272,997 $714.047 S559,W t.9
31,785,110 S714.C47 St,071.07, 2.5
3512,121 3512.121
ORANGE COUNTY
Nloirri i CAROLLNA
7
8 Brenda Bartholomew said that there have been high claims and an increase in overall
9 claims this past year. She said the target for reserve ratio is 2.5 and it has fallen behind.
10
27
1 Slide#4
Budget Comparison Orange County
6U0W"%*M lir
sr� I
�iQr]
59U1
S7U] —
A] -
x
s)WIi spa W21 po)tg T Eich
��L� ti °iWs ilk l l 12 lllp Q
ORANGE COUNTY
1 NOW11 f CAROLLNA
2
3 Brenda Bartholomew said that this shows from July 2021 to December 2021 actual versus
4 budget and three months exceeded the budget.
5
6 Slide #5
Budget Summary (continued )
Recommending an increase of five percent (5% ) to cover
eected costs for FY 2022/2023
Equates to a budget increase of $626,813 for health
insurance
FY 211211-21thrarghFT=-22 HeaRhlltsarme Rates
YM I MMINVE09 AMUII Front €M*W
tmMhuuon [nrtrlhri0m
2021 Currentdaiu $1,049,610 $11,;W16 X1,637,+130 $10—Q43,3%
2U22 Rerrewtal MES $1,100,94 $13,210,129 $1,719,51; $1L19rQ611
Current Raps with lanpinyer
2022 wreese only(Renewal] $1,104,84A $1x10.129 $1,637,930 $11.57d.M
Pw Ina wl $52,2;09 RAW
ORANGE COUNTY
N16i 1 L CARGLLN14
7
8 Brenda Bartholomew said that this would be a county cost only and keep the employee rates
9 the same.
10
28
1 Slide #6
Manager Recommendation
* approve an increase of % to the Health Insurance
Premium Equivalents for both active and pre-65 retirees
with the amount of the increase to be fully paid by the
County:
approve moving forward with Dental Insurance as
outlined above (no changes); and
* approve the County continuing to participate as a
member in the North Carolina, Health Insurance Pool
(NCHIP),
: —
ORANGE COUNTY
NNOW11 f CAROLINA
2
3
4 Slide #7
QUESTIONS
ORANGE COUNTY
NOR'n f CAROLINA
5
6
7
8 A motion was made by Commissioner Fowler, seconded by Commissioner Greene, to
9 approve an increase of 5% to the Health Insurance Premium Equivalents for both active and
10 pre-65 retirees with the amount of the increase to be fully paid by the County; approve moving
29
1 forward with Dental Insurance as outlined above (no changes); and approve the County
2 continuing to participate as a member in the North Carolina Health Insurance Pool (NCHIP).
3
4 VOTE: UNANIMOUS
5
6 7. Reports
7 None.
8
9 8. Consent Agenda
10
11 • Removal of Any Items from Consent Agenda
12 • Approval of Remaining Consent Agenda
13 • Discussion and Approval of the Items Removed from the Consent Agenda
14
15 A motion was made by Commissioner Bedford, seconded by Commissioner Hamilton, to
16 approve the consent agenda.
17
18 VOTE: UNANIMOUS
19
20 a. Minutes
21 The Board approved minutes from the February 8, 2022 Virtual Work Session and February 17,
22 2022 Virtual Business Meeting.
23 b. Change in BOCC Meeting Schedule for 2022
24 The Board amended its meeting calendar for 2022 and rescheduled the May 17, 2022 BOCC
25 Business Meeting to May 24, 2022 at 7:00 pm.
26 c. Schools Adequate Public Facilities Ordinance (SAPFO) — Receipt and Transmittal of
27 2022 Annual Technical Advisory Committee Report
28 The Board received the 2022 Annual Report of the SAPFO Technical Advisory Committee
29 (SAPFOTAC) and transmitted it to the SAPFO partners for comments before certification in
30 May.
31 d. Approval of a Resolution Authorizing an Increase in the Micro-Purchase Threshold
32 from $10,000 to $30,000
33 The Board approved a resolution increasing the micro-purchase threshold from $10,000 to
34 $30,000 for County expenditures incurred with Federal Grant funds and authorized an
35 amendment to the County's Purchasing Policy to reflect the increased thresholds.
36 e. Changes to the Orange County Broadband Task Force
37 The Board approved a change to the number of positions composing the Orange County
38 Broadband Task Force.
39 f. Lake Orange Erosion Control Barrier Replacement Project — Award of Construction
40 Contract Amendment #1 (Amendment over $250,000)
41 The Board awarded a construction contract amendment (over $250,000) for the construction of
42 ALT-1 scope as defined within the Lake Orange Erosion Control Barrier Replacement Project.
43 g. Fiscal Year 2021-22 Budget Amendment#9
44 The Board approved a budget amendment for Fiscal Year 2021-22.
45
46 9. County Manager's Report
47 Bonnie Hammersley said that the county's new northern campus including the jail and
48 Bonnie B. Davis Facility was the third GMP in her career. She said all of those projects have
49 come in under budget on a GMP. She said she and the Deputy Manager review all change
50 orders, so unless there is an act of God, she will not allow the price to increase.
30
1 Bonnie Hammersley reminded the board about their next business meeting on April 5,
2 2022 and announced that Travis Myren will be presenting the CIP on that date.
3 Commissioner Greene asked about status of meeting at the Southern Human Services
4 Center.
5 Chair Price said that it was decided at ChairNice-Chair Agenda review that the Board
6 will only meet at the Whitted Human Services Center until June.
7 Chair Price reminded the Board that the Legislative Breakfast will be Monday morning at
8 8:30 AM.
9 Laura Jensen said she was in a meeting with Asset Management Services today about
10 HVAC work at the Southern Human Services Center, which may affect the timeline of returning
11 to that building. She said staff would provide more updates as they became available.
12 Commissioner Bedford said they were hoping they could have people come in to the
13 Southern Human Services Center for budget input.
14 Bonnie Hammersley said there are other conference rooms at the center that can be
15 used for this.
16
17 10. County Attorney's Report
18 John Roberts had no report.
19
20 11. *Appointments
21 None.
22
23 12. Information Items
24 • March 1, 2022 BOCC Meeting Follow-up Actions List
25 • Memorandum — Library Services Task Force Update
26 • Memorandum — Update - Groundwater Observation Well Network
27
28 13. Closed Session
29 None.
30
31 14. Adjournment
32 A motion was made by Commissioner Bedford and seconded by Commissioner Greene
33 to adjourn the meeting at 9:19 p.m.
34
35 VOTE: UNANMIOUS
36
37
38 Renee Price, Chair
39
40
41 Tara May
42 Deputy Clerk to the Board
43
44 Submitted for approval by Laura Jensen, Clerk to the Board.
Attachment 2
1
1 MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 VIRTUAL LEGISLATIVE BREAKFAST
5 March 21, 2022
6 8:30 a.m.
7
8 The Orange County Board of Commissioners met for a virtual breakfast meeting with the
9 Orange County Legislative Delegation on Monday, March 21, 2022 at 8:30 a.m.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
12 and Commissioners Amy Fowler (arrived at 9:10 a.m.), Sally Greene, Jean Hamilton, and
13 Anna Richards
14 COUNTY COMMISSIONERS ABSENT: Commissioner Earl McKee
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren, Clerk to the Board Laura Jensen, and Assistant to Manager for Legislative
18 Affairs Greg Wilder (All other staff members will be identified appropriately below)
19 LEGISLATIVE DELEGATION PRESENT: Representative Verla Insko, Representative Graig
20 Meyer, and Senator Valerie Foushee (arrived at 8:39 a.m.)
21
22 Chair Price called the meeting to order at 8:35 a.m.
23
24 Due to current public health concerns, the Board of Commissioners is conducting a
25 Virtual Legislative Breakfast on March 21, 2022 utilizing Zoom. Members of the Board of
26 Commissioners will be participating in the meeting remotely. As in prior meetings, members of
27 the public will be able to view and listen to the meeting via live streaming video at
28 orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on channels 1301 or
29 97.6 (Spectrum Cable).
30
31 A roll call of the County Commissioners was called; all members were present except for
32 Commissioner Fowler and Commissioner McKee.
33
34 Chair Price welcomed the legislative delegation. She noted that it was the last time that
35 the current legislative delegation will be together with the commissioners.
36 The Board of County Commissioners introduced themselves and welcomed the
37 Representatives.
38
39 Senator Valerie Foushee arrived at 8:39 a.m.
40
41 Chair Price invited the legislative delegation to introduce themselves.
42 Representative Meyer said they were on a break from the longest long session in
43 General Assembly history. He said the upcoming session is expected to be short. He said they
44 anticipate making amendments to the budget that don't affect tax policy and will not be
45 controversial. He said there is discussion of major legislation including Medicaid expansion
46 and legalization of medical marijuana. He said it is not clear if it will proceed or not.
47 Representative Insko said she would be in office until after the May primary. She said
48 she has learned a lot from the position. She said government is complex and you keep
49 learning. She said in order to be effective you have to dig into the issues. She said she was
50 looking forward to traveling.
2
1 Senator Foushee said it has been her pleasure to serve with the commissioners in her
2 current position. She said she looks forward to the legislative breakfast every year. She said
3 they have always felt badly about not bringing forward positive things for Orange County by way
4 of the General Assembly. She said they will go into the short session with the hope that by the
5 end of the calendar year, there will be an opportunity to expand Medicaid. She said there might
6 be an opportunity to disperse federal funds for education, health care, and housing. She said
7 that where possibilities exist, there is also opportunity. She said she looks forward to her last
8 few months as a legislator.
9 Chair Price said there was background information in the agenda packet that everyone
10 received. She reviewed the list of priority items. She also referred to a larger list of additional
11 concerns that was in the agenda packet. She asked if there was anything specific that the
12 group wanted to discuss further.
13 Representative Insko said she wanted to get an update on environmental issues.
14 Senator Foushee said she asked if the county could be more specific about the request
15 to "structure appropriate county participation in governance" under the mental health category in
16 the priority list.
17 Commissioner Bedford said the item was first written when the county was with Cardinal
18 Innovations and there was not an Orange County representative on the board. She said now
19 that the county is with Alliance, Commissioner Fowler is on the board, and they are soliciting
20 applications for a second board member. She said the mental health board structures are
21 inconsistent across state between the MCOs.
22 Chair Price said that the state association has advocated that counties know more about
23 what is going on than the state. The goal would be to allow counties to have more of a say.
24 Commissioner Bedford said part of it is related to pass through mental health funding.
25 She said it would be nice if counties could have more of that funding to do more specific work in
26 the community. She said Orange County has a behavioral health task force working on the
27 designs for a mental health crisis center because MCOs are not doing it. She said that MCOs
28 are sitting on huge fund balances, more than what is needed. She said MCOs need closer
29 management and greater supervision from NCDHHS.
30 Representative Insko referred to the request under the mental health category to "reduce
31 the number of people with mental health issues in county detention centers." She said
32 intervention needs to happen earlier, even as young as elementary school. She said there
33 should be more access by psychologists and psychiatrists at school to identify children that
34 aren't adjusting well.
35 Chair Price said the county provides funding to schools for mental health support.
36 Bonnie Hammersley, County Manager, said in the past year the county provided funding
37 for behavioral health in the schools as well as to address the achievement gap. She said the
38 schools presented their plans for spending the funds to the Board. She said both school
39 districts used the funds for staff to address behavioral health issues. She said Chapel Hill
40 Carrboro City Schools' request was more comprehensive, but Orange County Schools looked at
41 both the behavioral health of children and staff. She said that was done recently due to higher
42 sales tax revenue than anticipated. She said the recommendation was to use that funding for
43 the behavioral health issues in the schools.
44 Representative Insko said when a young person is arrested and they are identified as
45 having a mental health issue, there are intermediate steps before they are incarcerated. She
46 said when there were changes in service provision between the LMEs and state, there was an
47 increase in the number of people going to jail. She said it is still a serious problem that needs to
48 be dealt with.
49 Bonnie Hammersley said it is an ongoing problem. She said the Criminal Justice
50 Resource Department is looking closely at that with the social workers employed in the
51 department. She said as state hospitals were closed, it triggered an increased inmate problem
3
1 in jails. She said the county wants to focus on this area as it develops the behavioral health
2 center.
3 Chair Price said there are diversion courts and programs for children. She said that
4 Caitlin Fenhagen has hired psychologists have been hired to work with children.
5 Commissioner Bedford said that the proposed mental health facility was original focused
6 on diversion from jail. She said that due to the pandemic, schools are struggling due to staff
7 vacancies. She said that they can't find the people to do the work, but that the needs of
8 children have been exacerbated by the pandemic. She said the behavioral health center is
9 being restructured to serve children ages four and up. She said everything is coming together
10 to create a very serious mental health crisis in the community. She said Orange County is
11 number one in the state for supplementing the schools, but is below the national average. She
12 said teachers need support as well.
13 Commissioner Hamilton said that there is a shortage of mental health professionals.
14 She said we have pay people more. She said social workers are the backbone of mental
15 health. She said we have to pay human service workers more in order to have the work force to
16 meet the needs of our community.
17 Commissioner Bedford said that even Murdoch Center, a mental health facility in Butner,
18 NC that takes people with an IDD diagnosis who are having a mental health breakdown, was
19 closed due to lack of staff. She said providers lost staff who are not coming back. She said that
20 state institutions and emergency departments are full and not taking more patients, and it is a
21 crisis.
22 Representative Meyer said that this problem is statewide and there is attention from
23 Republican leadership in both chambers of the General Assembly. He said that he's spoken
24 with legislative leaders to address the crisis statewide. He said the challenge is that our ability
25 to respond is too slow when the crisis is in front of us.
26 Representative Insko said she was interested in a goal under Justice and Public Safety
27 regarding Racial Equity in Criminal Justice — "Support the implementation of the
28 recommendations of the North Carolina Task Force for Racial Equity in Criminal Justice
29 (TREC)." She said she was hoping to have made some progress on the issue, but there is a
30 long way to go.
31 Chair Price said she felt it was still a priority.
32 Representative Insko said the state really needed to make abolishing the death penalty
33 a high priority.
34 Senator Foushee said she felt there had been some progress. She said that passing
35 Senate Bill 300 which several Democrats worked was an accomplishment. She said some
36 recommendations have been implemented. She said we can always do better, but getting
37 people together to move towards talking about it was a big step. She listed some police reform
38 practices that were agreed upon. She said that progress had been made through bipartisan
39 effort, which was notable.
40 Commissioner Greene said that was good news.
41 Commissioner Bedford said that in Orange County, the superior and district courts
42 worked on bail bond policies to improve the situation locally.
43 Chair Price said she was part of that workgroup and they were trying to make
44 improvements regarding the ability to pay and reducing cash bail amounts.
45 Commissioner Richards said that Orange County was fortunate to have had a few
46 initiatives regarding cash bail in addition to the work done by the towns. She said there is good
47 work being done locally, but there is still work to be done regarding the fees incarcerated
48 individuals must pay for necessities as well as health safety for inmates. She said one issue
49 they were watching was handgun permitting. She said there are associations watching the
50 issues around some of the subtleties of how policies are implemented. She said it was
4
1 concerning how they took the permitting process and made changes. She said she appreciates
2 the attention paid to issues.
3 Senator Foushee said that when these situations come forward, it's not just legislators
4 who need to talk with partners. She gave an example of when progress was made on
5 legislation, but just before it was to be considered, partners expressed objections. She said
6 legislators can lobby, but if they don't hear from people at the county level, they get push back.
7 She said they can't let perfect be the enemy of the good. She said that the legislative
8 delegation pushes every day, but the numbers are often not there. She said that the
9 commissioners' associations can also push and that will help achieve goals. She said they
10 were almost there with the permitting legislation, but then got push back from the conference of
11 district attorneys. She said they do everything in partnership, but that the squeaky wheel will get
12 the grease.
13 Chair Price said that some county associations got pushback when they encouraged the
14 legislation. Some recommendations might not fit in every county. She said racial injustice and
15 inequity is in every county, even in Orange County.
16 Commissioner Greene said that with 100 counties, many of them rural, it is a challenge
17 to advocate for issues.
18 Chair Price said that when an issue is personal that is when you begin to see progress.
19 She said that closure of rural hospitals pushed some counties to advocate for Medicaid
20 expansion.
21 Chair Price said that they skipped over Medicaid because they are hopeful that it will
22 happen this year.
23 Chair Price referenced the Leandro Remedial Action Plan and asked if anyone had any
24 questions.
25
26 Commissioner Amy Fowler arrived at 9:06 a.m.
27
28 Representative Meyer said that he believes the General Assembly will incorporate
29 pieces of what Leandro calls for in legislation, but there will not be Republican support for
30 anything with the name Leandro on it. He said that they are reviewing what the Leandro plan
31 calls for and finding opportunities to work on those individual pieces. He said they are trying to
32 find out what they can accomplish as soon as possible.
33 Commissioner Greene said she was pleased to hear Representative Meyer's comments
34 on Leandro and felt that was the right approach. She said it reminded her of a previous
35 environmental justice act that people objected to because of what it was called. She said
36 supporters said to forget the name, just give us the justice.
37 Senator Foushee gave another example of when a name change made a difference in
38 the success of legislation, specifically, the More at Four program, which changed to NC Pre-K.
39 Chair Price said it was similar to calling changes to Medicaid as "expansion," which
40 turned people off. She said when you discussed specific changes that were needed for
41 Medicaid, people were supportive.
42 Chair Price said the last majority priority was access to broadband. She said that the
43 county used $5 million in ARPA funding to jump start a broadband project. She said the state is
44 beginning to offer financial assistance.
45 Commissioner Greene said to accept state broadband funding means you have to
46 accept state control over your system. She said there is still too much direction from the legacy
47 telecomm providers who want to keep the game theirs. She said it is great to have the money,
48 but it is hard to accept the funding when it means accepting state terms.
49 Representative Meyer and Senator Foushee asked to talk with Commissioner Greene
50 separately about the terms of accepting state funding.
5
1 Representative Meyer said that the state will spend a lot of money on broadband within
2 the next two to six years. He said it will create a few challenges. He says one challenge is the
3 timeframe; six years is a long time to wait when you need broadband access. He said they are
4 essentially setting up unregulated monopolies with government funding. He said it will create
5 an incentive for broadband companies to set high rates. He said the only way keep things
6 affordable is through market competition, which will probably have to come through multiple
7 modes of internet availability. He said that different approaches each have limitations. He said
8 he wondered if there is a way to promote internet service via cell phone signals in Orange
9 County to compliment developments with other funding sources.
10 Commissioner Hamilton said she felt that creating unregulated monopolies is a problem.
11 She said if the country had approached broadband as a regulated monopoly, then it would be
12 treated as a basic utility service. She said if fiber to the home gets a consumer what they need,
13 then the company can initially set prices to push away competitors. She said then the company
14 can lock in that customer and raise prices. She said there needs to be regulation in order to
15 serve people at a price they can afford. She asked if there was any talk about that at the state
16 level.
17 Representative Meyer said that Commissioner Greene is correct, the laws are being
18 written as much by the industry as well as the legislators. He said everything he has talked
19 about with broadband pilot legislative leaders around regulation has been rejected. He gave an
20 example of when he wanted to offer telecomm companies more money to install infrastructure in
21 a 2-year timeframe rather than 6 years, but was rejected because telecomm companies wanted
22 control, not more money.
23 Chair Price said it is a challenge to get it installed, and then it is a challenge to make it
24 affordable.
25 Representative Meyer said that the companies want the government to provide
26 subsidies to make it affordable.
27 Commissioner Greene said that is not the answer and it is not sustainable. She said
28 that the county broadband committee wants to have competition within the fiber to the home
29 realm.
30 Chair Price said that rural counties across the country are screaming at Congress to
31 provide broadband. She said it is hard for services and business to exist without broadband,
32 such as schools and health facilities, but even farms and ranches. She said that even if
33 Congress does do something for rural counties, it is usually based on income. She said
34 currently Orange County is in a higher tier and does not qualify for as much funding.
35 Chair Price asked if Representative Insko wanted to talk about environmental legislation.
36 Representative Insko said she is more aware of climate change. She said that counties
37 and the state should do more to combat climate change, and hopes that Orange County would
38 do more.
39 Chair Price said that the county has a fund that goes to climate change projects.
40 Commissioner Fowler said she is the liaison to the climate change council. She said
41 that Orange County needs a climate plan, which was requested by Commissioner Bedford a few
42 months prior. She said the new sustainability coordinator will begin developing the plan. She
43 said that electric vehicles and improving the efficiency of school and county buildings will be key
44 projects for the county. She said several states participate in an initiative called Regional
45 Greenhouse Gas Emissions (RGGE). She said wrote a letter to a member of the state
46 environmental council to request that North Carolina join that initiative.
47 Representative Meyer said that he has been communicating with the Governor's office
48 on joining RGGE for a year. He said RGGE is a regional cap and trade system. He said when
49 the General Assembly passed House Bill 951 to commit to reduce greenhouse gas emissions,
50 he and the Governor spoke about how joining RGGE would put some teeth into that
51 commitment. He said the Governor has not been willing to commit the funds to join, and that it
6
1 costs about $600,000 to join. He said anything the climate council can do to help would be
2 great.
3 Commissioner Fowler said the climate council had been working on LEED certification.
4 She said it sounds like the county will qualify at some level. She said that this certification could
5 be used as a stepping off point to examine where there are deficits in efficiencies.
6 Commissioner Bedford said there were two areas she wanted to mention. She said one
7 is with the Durham Chapel Hill Carrboro MPO and the new metropolitan transit plan. She said
8 they are trying to convince the NC Department of Transportation that bike/ped and multi-modal
9 projects should not have to be funded only as part of a road improvement. She said those
10 projects should be able to be funded as stand-alone projects. She said that the new plan
11 focuses on that. She said that the state could spend hundreds of millions of dollars on adding a
12 lane to a highway, which would only improve commute times by a few minutes. She said that
13 spending the same amount of funds on multi modal forms of transportation could create real
14 change.
15 Commissioner Bedford said she and Commissioner Hamilton are members of the Solid
16 Waste Advisory Group (SWAG). She said that people have to look upstream and downstream
17 when thinking about solid waste. She said upstream is trying to get people to waste less. She
18 said there is a contract out for what zero waste looks like and what would the county need to get
19 there. She said that the county is part of UNRBA and they are working on Falls Lake and the
20 nutrient issues there. She said the county is the headwaters for three or four different water
21 basins. She said Jordan Lake is a water provider and is in worse condition due to PFAS from
22 the Haw River. She said the county has stricter requirements than the state for water protection
23 buffers. She said climate change is harder to making progress on. She said that the county is
24 pursuing electric vehicles for the county transportation department, but they are very expensive.
25 Representative Meyer asked for any economic development updates.
26 Chair Price said there has been recent progress. She said Morinaga is open and they
27 had more job slots. She said Medline is about to open and is huge. She said Thermo Fisher is
28 developing. She said ABB expanded without any incentives. She said quite a bit is happening
29 in the western part of the county. She said Durham Tech is still a partner in many of these
30 developments. She said part of attracting companies is making sure there is a talent pool
31 available, and that Durham Tech is assisting with training. She said UNC is looking into
32 training people for trades and distribution centers.
33 Commissioner Bedford said she said there are some possible developments in Chapel
34 Hill. She said the previous Bucee's site is under review for another development.
35 Commissioner Greene said the proposed development at the Bucee's site qualifies
36 under existing zoning, so the Board won't see it.
37 Representative Meyer said that Google and Apple developments will drive a lot of
38 growth in the Triangle. He said that a Toyota battery plant will be developed in the western
39 Piedmont, which will spur associated development. He said that along the coast there will be a
40 major effort to make North Carolina both the largest provider of off shore wind energy and the
41 manufacturer of off shore wind technology and infrastructure. He said that with off shore wind
42 energy developing off the coast, and the battery industry developing in the western Piedmont,
43 Orange County will be right in the middle of those two industries. He said those two industries
44 will enable other clean industries to develop here. He said the county should be thinking ahead
45 in the type of role we want to play in these developments. He requested that the county have
46 a larger economic development discussion with people from the state. He said that he usually
47 doesn't hear from county economic development staff when they are working on projects that
48 has state involvement. He said he would be open to helping staff develop projects.
49 Chair Price said that the county could set up meetings for Representative Meyer with the
50 Economic Development Director, Steve Brantley. She said that the Economic Development
51 department staff, Chair Price and Deputy County Manager Travis Myren met with
7
1 representatives from the Research Triangle Regional Partnership. She said there may be
2 opportunities for partnerships to take advantage of everything happening in the Triangle. She
3 said the push right now is with biotech and life sciences.
4 Commissioner Hamilton said she was passionate about #18 on the list of priorities,
5 which is related to school capital funding. She said there are 15 schools in the county which are
6 more than 50 years old, which is ineffective for meeting the needs of children and inefficient
7 environmentally. She said they will be looking to the state for help renovating and replacing
8 schools. She said the time is now to plan for the future.
9 Senator Foushee said that previous school capital needs legislation she's introduced
10 has not moved in the General Assembly. She said this kind of legislation needs the force of
11 support from the NCACC and other groups to push legislators. She said this should not be a
12 partisan issue; it is an issue across the state. She said there has not been the will to move
13 forward from the leadership. She said the perception from leadership is that schools are flush
14 with federal funds, but those funds are designated for specific uses.
15 Representative Insko said that it is important to elect officials who put funding of school
16 funding as a priority in their campaigns. She said it would also be helpful to encourage other
17 counties to push for increased school capital funds from the state.
18 Chair Price said that the state association has prioritized releasing more of the state
19 lottery funds for school capital needs.
20 Commissioner Hamilton said it sounds like there has not been talk of a bond, because
21 lottery funds will not be enough to meet the cost of school capital needs.
22 Chair Price said the lottery funds were intended to go to schools, but only about 50%
23 actually does.
24 Representative Insko that would be important to emphasize, that this was an educational
25 lottery fund.
26
27 Commissioner Amy Fowler left the meeting at 9:47 a.m.
28
29 Commissioner Greene said the Chapel Hill Carrboro Chamber of Commerce's Big Bold
30 Ideas is bringing forward a report to build 1,600 affordable homes in the next few years. She
31 said one of the recommendations is that local governments pass ordinances prohibiting
32 landlords from discriminating on the basis of income. She said it would prevent landlords from
33 refusing housing choice vouchers. She said that unfortunately, it's not something local
34 governments can do, and it must be done at the state level. She asked the legislative
35 delegation about the possibility of pursuing this at the General Assembly.
36 Senator Foushee said it was not something that could be brought forward in a short
37 session, as it would be considered controversial. She said that preparations should be made in
38 order to introduce that kind of legislation in the long session. She said the more partners that
39 are involved, the better off they'll be. She said there are members of both caucuses that share
40 the same values as the county. She said the pandemic showed us that most of us are in the
41 same boat. She said a collective effort is needed to get positive results.
42 Commissioner Bedford referenced #49 on the legislative issues list, regarding
43 dangerous dog determinations. She said that in Orange County, a dog owner can appeal a
44 dangerous dog designation after a period of time if the dog's circumstances are reevaluated and
45 it is determined that the dog is no longer dangerous. She said Orange County's ordinance is in
46 conflict with state law, and she wanted to know the process for requesting a local bill that would
47 allow the county to have this ordinance.
48 Senator Foushee suggested that the county forward the bill to the legislative delegation.
49 Senator Foushee said it was an honor and pleasure to be with the Orange County
50 Commissioners.
8
1 Representative Insko said she appreciated that the county called for regular meetings
2 with the legislative delegation.
3 Representative Meyer expressed his appreciation for everyone at the meeting and that
4 he looks forward to helping new representatives in the future.
5 Chair Price thanked the staff for their work in putting the meeting and background
6 materials together. She thanked the delegation for their work in Orange County.
7
8 A motion was made by Commissioner Bedford, seconded by Commissioner Richards, to
9 adjourn the meeting at 9:54 a.m.
10
11 Roll call ensued.
12
13 VOTE: UNANMIOUS
14
15
16
17 2022 ORANGE COUNTY PRIORITY
18 LEGISLATIVE ISSUES
19
20
21 Mental Health— Seek legislation to develop and fund a plan to:
22 0 provide assistance to NC residents, especially youth, who are dealing with the
23 impacts of COVID;
24 0 reduce the number of people with mental health issues in county detention
25 centers;
26 0 ensure that adequate State-funded mental health, developmental disability and
27 substance use disorder services and facilities are available at the local level,
28 accessible and affordable to all residents;
29 0 ensure that sufficient state resources fund service provision costs, inclusive of
30 crisis intervention and treatment; and
31 structure appropriate county participation in governance.
32
33 Medicaid Expansion — Support legislation increasing access to the Medicaid program to make
34 health insurance available to North Carolina residents at 138% of the poverty level; broaden the
35 opportunity for coverage for more than 500,000 North Carolinians to address chronic conditions
36 and to prevent illness and disease progression; to provide additional support for rural hospitals;
37 and to protect families from medical debt and bankruptcy.
38
39 Racial Equity in Criminal Justice — Support the implementation of the recommendations of
40 the North Carolina Task Force for Racial Equity in Criminal Justice (TREC), including:
41 legislation to legalize the possession and use of marijuana and permit licensed
42 businesses to engage in retail sales to adults, as this decriminalization will in turn
43 broaden the agricultural economy and jobs as well as enhance revenue for
44 governments with taxes, licenses, and other associated revenues that can be
45 utilized to address opioid and other drug-related problems and other needs;
46 0 policing reforms to address use of force, community oversight and law
47 enforcement training on crisis intervention;
48 0 Funding at the county level to expand access to diversion and restorative justice
49 programs; and
9
1 the reduction of fines, fees and costs in criminal court, noting that such fines,
2 fees and costs disproportionately impact people of color and people of low
3 income.
4
5 Full Fundin_a of the Leandro Remedial Action Plan— Support equity and racial justice by fully
6 funding the Leandro Remedial Action Plan, which details additional comprehensive, targeted
7 education funding over the next eight years, predominantly to low-wealth and minority
8 communities, in order for the State to come into compliance with its constitutional obligation to
9 provide every student a sound basic education.
10
11 Broadban&Digital Infrastructure — Support legislation, funding, and other efforts that provide
12 counties with flexibility and opportunities to support options for increasing access to high-speed
13 internet connectivity and expanding digital infrastructure/broadband capability to the un-served
14 and under-served areas of the state. Access to high speed internet connections will reduce
15 disparities, enhance quality of life for all the State's residents, and broaden opportunities in
16 areas such as education, jobs creation, small business development, health care, civic
17 participation, and growth in farm enterprises.
18
19
20 2022 Orange County Legislative Interests
21 (Note: Italicized Items are Priority Legislative Issues)
22
23
24 HEALTH & HUMAN SERVICES
25
26 1) Mental Health— Seek legislation to develop and fund a plan to:
27 0 provide assistance to NC residents, especially youth, who are dealing with the
28 impacts of COVID;
29 0 reduce the number of people with mental health issues in county—detention
30 centers;
31 0 ensure that adequate State-funded mental health, developmental disability and
32 substance use disorder services and facilities are available at the local level,
33 accessible and affordable to all residents;
34 0 ensure that state resources fund service provision costs, inclusive of crisis
35 intervention and treatment; and
36 structure appropriate county participation in governance;
37
38 2) Behavioral Health Services — Support increased state funding for behavioral health
39 services and facilities at the state and local level, including dedicated resources for
40 community para-medicine projects and enhanced mobile crisis response. Support
41 Medicaid reimbursement to EMS for behavioral health transport to crisis centers and
42 structure appropriate county participation in behavioral health program governance;
43
44 3) Child Care - Seek legislation to reverse changes made to the childcare subsidy program
45 available to working families, including establishing eligibility for all children at 200% of
46 the federal poverty level and prorating fees to actual hours attended. This change will
47 help working parents to become financially self-sufficient while assisting employers to
48 maintain a stable workforce. Support legislation to increase and ensure stable funding
49 for enhanced quality early care and education through Smart Start and NC Pre-K;
50
10
1 4) Opioid Epidemic Efforts — Support county efforts to address opioid epidemic impacts
2 by providing funding for: diversionary facilities and programs to provide and expand
3 access for individuals with opioid use disorder to seek and complete treatment and
4 sustain recovery; to collect data regarding opioid overdoses; for additional law
5 enforcement to investigate and enforce drug laws and to divert individuals into treatment
6 resources through pre-arrest deflection or post-charge treatment courts; and funding for
7 harm reduction efforts at the county level is critical and should include access to
8 naloxone kits and fentanyl strips to assist overdose prevention;
9
10 5) Crime Intervention Services — Support legislation and state funding to provide early
11 intervention services through the Juvenile Crime Prevention Councils, and support
12 increased state funding for the prevention, intervention and treatment of adolescent
13 substance use, gang involvement and domestic violence;
14
15 6) Adult Protective Services — Support increased funding and legislation to strengthen
16 adult protective services;
17
18 7) Medicaid Expansion — Support legislation increasing access to the Medicaid program
19 to make health insurance available to North Carolina residents at 138% of the poverty
20 level; broaden the opportunity for coverage for more than 500,000 North Carolinians to
21 address chronic conditions and to prevent illness and disease progression; to provide
22 additional support for rural hospitals; and to protect families from medical debt and
23 bankruptcy;
24
25
26
27 JUSTICE & PUBLIC SAFETY
28
29 8) Racial Equity in Criminal Justice — Support the implementation of the
30 recommendations of the North Carolina Task Force for Racial Equity in Criminal Justice
31 (TREC), including:
32 legislation to legalize the possession and use of marijuana and permit licensed
33 businesses to engage in retail sales to adults, as this decriminalization will in turn
34 broaden the agricultural economy and jobs as well as enhance revenue for
35 governments with taxes, licenses, and other associated revenues that can be
36 utilized to address opioid and other drug-related problems and other needs;
37 0 policing reforms to address use of force, community oversight and law
38 enforcement training on crisis intervention;
39 0 Funding at the county level to expand access to diversion and restorative justice
40 programs; and
41 0 the reduction of fines, fees and costs in criminal court, noting that such fines,
42 fees and costs disproportionately impact people of color and people of low
43 income;
44
45 9) Abolish State Death Penalty — Support legislation to abolish the State of North
46 Carolina's death penalty;
47
48 10)Legislative Study on Educational Requirements for Law Enforcement Officers
49 LEOs — Support a legislative study commission to review the current educational
50 curriculum for law enforcement officers and make recommendations regarding potential
51 modifications/additions. The overarching purpose of curriculum revision would be to
11
1 instill in future LEOs some depth of understanding of the complex nature of the society
2 they will serve. In addition to members of the Senate and House, study members should
3 include a diverse array of experts in law enforcement and criminal justice education; also
4 in higher education, and specialists in the humanities/social science subject matter;
5
6 11)County Jail System/Housing State Inmates Reimbursement — Support legislation to
7 protect the fiscal viability of the county jail system by reinstating reimbursement for state
8 inmates housed in county jails sentenced to 90 days or less;
9
10 12)Concealed Weapons in Parks —Seek legislation re-authorizing counties to fully regulate
11 the carrying of concealed weapons on county-owned playgrounds and in county-owned
12 parklands and authorize counties to prohibit the carrying of concealed weapons on
13 county and county funded college/university campuses, in addition to playgrounds;
14
15 13)Court Funding — Support increased state funding for NC courts and for Clerks of
16 Superior Court, including reinstating funding for drug treatment courts and funding for
17 additional clerk positions;
18
19 14)Local Government Funding for Law Enforcement — Oppose any legislation that is
20 designed to limit local government control of local law enforcement funding decisions or
21 practices, or that financially or otherwise penalizes local governments based on local law
22 enforcement funding decisions or practices;
23
24 15)Red Flag Law —Support legislation allowing courts to prevent access to firearms for
25 individuals who show signs of being a danger to themselves or to others. Mental illness,
26 escalating threats, substance abuse and domestic violence are among the
27 circumstances in which a judge should have the authority to order weapon restrictions or
28 surrender;
29
30
31
32 EDUCATION
33
34 16)Full Funding of the Leandro Remedial Action Plan— Support equity and racial justice
35 by fully funding the Leandro Remedial Action Plan, which details additional
36 comprehensive, targeted education funding over the next eight years, predominantly to
37 low-wealth and minority communities, in order for the State to come into compliance with
38 its constitutional obligation to provide every student a sound basic education;
39
40 17)Priority School Issues — Support legislation to address the following issues related to
41 schools:
42 a) Provide local school systems with calendar flexibility;
43 b) Provide full funding for State allotments including Average Daily Membership
44 (ADM) growth and infrastructure/capital, and support legislation to provide for an
45 overall increase in funding based on average daily memberships outside of the
46 current formula system;
47 c) a periodic accounting process for State per pupil funds so that funds and pro-
48 rated funds follow students to their respective schools, as opposed to the current
49 process that only considers State funding allocations based on students'
50 attendance location on a single day during the school year;
51 d) Impose class size reductions commensurate with State funding for staffing; and
12
1 e) Maintain full funding for Driver Education;
2
3 18)School Capital Funding — Support legislation to provide needed State capital funding to
4 support school infrastructure, renovations, and new construction, and support a State
5 bond referendum to address school capital needs;
6
7 19)Maternity/Paternity Leave and Benefits for School Employees — Support legislation
8 which provides State coverage for maternity/paternity leave for all local school system
9 employees that is similar to the coverage the State already provides to all other State
10 employees; support legislation for the State to provide two (2) paid FMLA days to local
11 school system employees; and oppose any legislation shifting the State's existing
12 responsibility for employee benefits to local school boards and local governments;
13
14 20)Private School Voucher Funding — Oppose House Bill 32 and any other legislation
15 expanding funding, eligibility, or availability of private school vouchers, which reduces
16 available funding for public education statewide, encourages students to leave public
17 education, and diminishes services and educational opportunities for all remaining public
18 school students;
19
20 21)Virtual Charter School Expansion/Funding — Oppose any legislation expanding or
21 providing additional funding to the State's current virtual charter school program based
22 on its poor performance, failure to meet the needs of students, and the resulting
23 negative impact on funding for public education statewide;
24
25
26
27 GENERAL GOVERNMENT
28
29 22)Broadban&Dipital Infrastructure — Support legislation, funding, and other efforts that
30 provide counties with flexibility and opportunities to support options for increasing
31 access to high-speed internet connectivity and expanding digital
32 infrastructure/broadband capability to the un-served and under-served areas of the
33 state. Access to high speed internet connections will reduce disparities, enhance quality
34 of life for all the State's residents, and broaden opportunities in areas such as education,
35 jobs creation, small business development, health care, civic participation, and growth in
36 farm enterprises;
37
38 23)Repeal of the Monument Protection Act — Support legislation that repeals the (so-
39 called) Monument Protection Act which was enacted to protect confederate monuments
40 and symbols, and restore the regulation of monuments or symbols on public property to
41 local governments;
42
43 24)Non-Partisan Redistricting Process for Elections — Support legislation to establish a
44 process for an independent, non-partisan redistricting process after each United States
45 Census for the election of representatives from North Carolina to the United States
46 House of Representatives, the North Carolina House, and the North Carolina Senate;
47
48 25)Voter Registration and Voting — Support legislation to maintain and expand access to
49 and participation in the voting process, including early voting, Saturday and Sunday
50 voting, automatic voter registration, and pre-registration of 16 and 17 year olds, and
13
1 mail-in voting; support legislation to make Election Day a State holiday; and oppose any
2 legislation which creates any barriers or deterrents to voting;
3
4 26)Expansion of Protected Classes — Seek statewide legislative action to provide all
5 North Carolina local governments with the authority to include sexual orientation and
6 gender identity as protected classes in order to protect these classes from discrimination
7 and discriminatory practices; and authorize complaints for discrimination to be brought in
8 North Carolina Courts by any Equal Employment Opportunity Commission recognized
9 protected class;
10
11
12
13 ECONOMIC DEVELOPMENT
14
15 27)Minimum Wage Increase — Support legislation to raise the minimum wage to at least
16 $15 per hour for all, not just employees of the State of North Carolina, to enhance
17 people's economic security, improve access to safe and secure housing, boost the
18 economy with increased spending, decrease dependence on government assistance
19 programs, and improve the lives of families;
20
21 28)Agricultural Economic Development — Support state funding and staffing for
22 agricultural research, Cooperative Extension services and other agriculture-related
23 efforts to support the largest economic driver in North Carolina;
24
25 29)Economic Development Efforts — Support legislation to grow North Carolina's
26 statewide economy through sound state investments, including public infrastructure
27 funding, competitive incentives, and coordinated efforts with county economic
28 development services;
29
30
31
32 REVENUE & TAX
33
34 30)Revenue Options for Local Government— Support efforts to preserve and expand the
35 existing local revenue base of counties and authorize local option revenue sources
36 already given to any other jurisdiction to all counties. Oppose efforts to divert to the state
37 fees or taxes currently allocated to the counties or to erode existing county revenue
38 streams;
39
40 31)Re-instatement of Earned Income Tax Credit — Support legislation to re-instate the
41 State Earned Income Tax Credit which greatly benefitted low wage earners until its
42 elimination after the 2013 tax year;
43
44 32)Homestead Exemption — Support revisions to the Homestead Exemption provisions of
45 the Machinery Act to:
46 a) provide greater opportunities for low-income seniors to remain in their homes and
47 not be displaced due to property tax burdens by approving a one-time ten
48 percent (10%) increase in the base income qualification standard; and
49 maintaining the current provisions which increase the income qualification
50 standard each year based on any cost-of-living adjustment made to the benefits
14
1 under Titles II and XVI of the Social Security Act for the preceding calendar year;
2 and
3 b) diminish the discriminatory features of the current exemption provisions relating
4 to married couples by establishing graduated income qualification standards for
5 single individuals versus married couples;
6
7 33)Sales Tax Distribution Formula — Support legislation directing that all sales tax be
8 distributed on a per capita basis as it is fair and more equitable for counties with less
9 economic development as compared to the point of delivery basis. The UNC School of
10 Government has indicated that a per capita basis tax "would indeed be a more even
11 distribution of LOST revenue across the state";
12
13 34)Machinery Act — Support local governments' need for more flexibility to remedy
14 measurement and/or condition property appraisal errors related to local property tax
15 functions. North Carolina property tax law substantially limits the ability of local
16 governments to address property tax discrepancies, such as prohibiting the refund of
17 prior years' taxes paid after a measurement and/or condition property appraisal error is
18 discovered. Just as local governments can recoup prior years' property taxes from
19 owners for "discoveries", local governments should likewise be authorized to refund prior
20 years' taxes paid when situations such as measurement and/or condition property
21 appraisal errors are discovered;
22
23 35)Agriculture — Support Conservation of Working Lands and Farmland Preservation
24 — Support a revision to the revenue and acreage requirements of the Use Value
25 Program to reduce acreage requirements, balanced by increasing the income threshold;
26
27
28
29 PLANNING & ENVIRONMENT
30
31 36)Bona Fide Farm Use — Support legislation clarifying that the farm use and agriculture
32 exemption of 153A-340 that restricts local zoning authority applies only to property on
33 which the production of crops or livestock is the primary use. Clarify that marketing and
34 agri-tourism activities must be secondary uses of the property and do not qualify for the
35 exemption in the absence of the production of crops or livestock;
36
37 37)Renewable Energy — Support renewable energy initiatives available to residential,
38 commercial, industrial and agricultural activities to create a market for energy credits.
39 This support will provide incentives to produce renewable energy, which will become
40 increasingly important to preserving and strengthening the economy and infrastructure,
41 and in the case of agriculture help maintain rural heritage and culture;
42
43 38)Eminent Domain — Oppose adding language to a constitutional amendment on eminent
44 domain that extends any further preemption of county authority to regulate the
45 placement of telecommunication towers;
46
47 39)Land, Water and Agricultural Preservation Funding — Support the Parks and
48 Recreation Trust Fund, the Agricultural Development and Farmland Preservation Trust
49 Fund, the Land and Water Fund, and other existing trust funds established for the
50 protection of the State's land, water, biological resources, agriculture, and special places
15
1 before they are irreversibly lost, and request that these funds receive additional funding,
2 preferably through dedicated funding sources;
3
4 40)Oppose any shift of state transportation responsibilities to counties — Oppose
5 legislation to shift the state's responsibility for funding transportation construction and
6 maintenance projects to counties. Counties cannot afford to assume costs for
7 maintaining secondary roads and/or funding expansion projects;
8
9 41)Transportation Funding — Support increased state funding for transportation
10 construction and maintenance needs, recognize Bike and Pedestrian modes of
11 transportation, and support legislation to ensure that the STI funding formula recognizes
12 that one size does not fit all and that projects in both rural and urban areas are
13 prioritized and funded, and eliminate the cap on light rail funding;
14
15 42)Aquatic Vegetation Control — Support legislation to provide for and fund a
16 comprehensive statewide approach to noxious aquatic vegetation control in public water
17 reservoirs;
18
19
20
21 SOLID WASTE
22
23 43)Maintain Local Government Authority over Solid Waste Management— Oppose any
24 shift of solid waste management and recycling services away from local governments;
25
26 44)Recycling — Support legislation to provide additional funding to local governments for
27 recycling to cover significant increased costs for recycling these materials, especially for
28 electronics, and to oppose the lifting of restrictions on disposal of electronics in landfills;
29
30
31
32 OTHER INTERESTS
33
34 45)Flexible Billing Options for Water & Sewer Utility Providers — Support legislation
35 allowing local governments and other water and sewer providers to implement flexible
36 billing practices to establish pricing policies, potential waivers and debt forgiveness
37 opportunities to assist impacted customers;
38
39 46)Evictions Information Detailed in Credit Reports — Support legislation that would
40 remove an eviction from a tenant's credit report (1) that occurred as a result of the
41 pandemic during the period covered by the Governor's State of Emergency Declaration;
42 and (2) after having been on a tenant's credit report for three years;
43
44 47)Food Resiliency and Supply Chain Initiatives — Support food resiliency and supply
45 chain initiatives and funding for equipment, supplies, and other nonrecurring expenses
46 based on the urgency and need created by the COVID pandemic. The average food
47 insecurity rate across North Carolina counties is 14 percent, with that rate projected to
48 rise to 19.3 percent due to the COVID pandemic, and from 19.3 percent to 28 percent for
49 children. A more secure and resilient supply chain will benefit residents and better
50 prepare the State for emergencies that adversely impact the State's food supply;
51
16
1 48)E-911 Funds — Support maintaining and broadening applications of the NC 9-1-1 Fund
2 to ensure that 9-1-1 systems are able to upgrade existing performance levels and pay
3 for 9-1-1 operations and 9-1-1 related upgrades such as infrastructure and technology
4 enhancements. Orange County has appreciated past efforts and supports future
5 initiatives to assure the public receives full access to emergency services from all
6 sources; and
7
8 49)Dangerous Dogs Determinations — Support legislation to amend the NC Dangerous
9 Dog Law to allow dangerous-dog declarations to be revoked after a period of time, and
10 when there is substantial justification for doing so, in order that a dog does not
11 needlessly live its entire life with restrictions such as being muzzled. Orange County's
12 ordinance includes this language, but that consideration is meaningless without a
13 parallel provision within State law.
14
15
16
17
18 Renee Price, Chair
19
20
21 Recorded by Laura Jensen, Clerk to the Board
22
23 Submitted for approval by Laura Jensen, Clerk to the Board.
24
25
26
27