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HomeMy WebLinkAboutAgenda - 12-13-2022; 8-a - Minutes 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 13, 2022 Action Agenda Item No. 8-a SUBJECT: Minutes DEPARTMENT: Board of County Commissioners ATTACHMENT(S): INFORMATION CONTACT: Draft Minutes (Under Separate Cover) Laura Jensen, Clerk to the Board, 919- 245-2130 PURPOSE: To correct and/or approve the draft minutes as submitted by the Clerk to the Board as listed below. BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. Attachment 1: November 1, 2022 Business Meeting Attachment 2: November 10, 2022 Work Session 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 DRAFT MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 BUSINESS MEETING 5 November 1, 2022 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Business Meeting on Tuesday, 9 November 1, 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, Sally Greene, Jean Hamilton, 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. All commissioners were present. 21 22 1. Additions or Changes to the Agenda 23 24 Chair Price proposed removing item 6-a from the agenda for consideration at the 25 November 101" work session, and adding a Native American Heritage Month proclamation to the 26 agenda as item 4-b. 27 28 A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to 29 remove item 6-a from the agenda and add item 4-b. 30 31 VOTE: UNANIMOUS 32 33 Chair Price dispensed with reading the public charge. 34 35 2. Public Comments (Limited to One Hour) 36 a. Matters not on the Printed Agenda 37 38 There was no one signed up to speak on matters not on the printed agenda. 39 40 b. Matters on the Printed Agenda 41 (These matters will be considered when the Board addresses that item on the agenda below.) 42 43 3. Announcements, Petitions and Comments by Board Members 44 Commissioner Fowler said she attended the Behavioral Health Task Force meeting last 45 Thursday, where the Orange County Partnership to End Homelessness presented about the 46 connection between homelessness and mental health. She said the Task Force also heard from 47 Alliance on their Network Adequacy Assessment. She said she also wholeheartedly supports 48 Commissioner Richards' request from the last meeting to examine the possibility of providing 49 universal pre-K. 50 Commissioner Greene said, on behalf of the Broadband Task Force, there is an updated 51 Frequently Asked Questions (FAQ) page on the website that people can refer to. She said it 2 1 reports that things are generally on schedule. She said if anyone has questions about whether or 2 not their address will be served with broadband, they should reach out to the County, who will 3 direct them to Lumos for verification. 4 Commissioner Hamilton had no comments. 5 Commissioner Bedford said she was also at the Behavioral Health Task Force meeting, 6 and noted Commissioner Greene was on the Zoom meeting as well. She reminded Orange 7 County voters that early voting runs through Friday from 8:00 am-7:30 pm, and Saturday is the 8 last day for early voting from 8:00 am-3:00 pm. She said if voters wait to vote on Election Day, 9 they will have to vote at their assigned precinct, which they can find under "Elections" on the 10 county website. She also noted that people must already be registered to vote in order to vote on 11 Election Day, and that today was the last day to request an absentee ballot. 12 Commissioner McKee had no comments. 13 Commissioner Richards said November is Family Caregiver Month. She said the 14 Department on Aging will be recognized this later this month. She said there are many people 15 with aging parents or who care for young people, and there are sessions on the Department on 16 Aging website to remind caregivers to care for themselves. She said she was absent from the last 17 week's meeting while she attended the Inter-city Visit. She said they went to Winston-Salem to 18 the innovation center, then to Asheville. She said she will try to consolidate her notes from the trip 19 at some point to share with the Board. She said she was happy to be joined by Travis Myren, the 20 new Planning Director, Cy Stober, and other Planning staff. She said it was eye-opening that 21 many jurisdictions are facing similar challenges and see how they are handling them. 22 Chair Price said the SHARP Direct Care Workers Awards will be at the Seymour Center 23 on Thursday at 4:30 pm. She noted that Todd McGee, Community Relations Director, sent out a 24 notice that deer hunting in the northern part of the county begins November 12-January 2. She 25 said there are usually complaints from residents around this time, so she wants people to be 26 informed. She said there is more information on the county's website. She also said the Board 27 was sent PowerPoints for several items this evening, which are at their places. 28 Chair Price asked for volunteers from the Board to serve on the Strategic Plan Selection 29 Panel. 30 Commissioner Fowler, Commissioner Bedford, and Commissioner Richards volunteered. 31 32 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to 33 appoint Commissioner Fowler, Commissioner Bedford, and Commissioner Richards to serve on 34 the Strategic Plan Selection Panel. 35 36 VOTE: UNANIMOUS 37 38 4. Proclamations/ Resolutions/ Special Presentations 39 40 a. Proclamation Recognizing Mike Smith, Dean of UNC School of Government 41 The Board approved a proclamation recognizing Mike Smith, Dean of the School of Government 42 at the University of North Carolina at Chapel Hill. 43 44 BACKGROUND: Mike Smith has led the UNC School of Government for 30 years. Smith has 45 been a member of the School of Government faculty — originally the Institute of Government — 46 since 1978 and was named director in 1992. When the Institute became known as the School of 47 Government in 2001, Smith was named dean. As one of the longest-serving deans in Carolina's 48 modern history, Smith expanded the School's capacity in the fields of management and leadership, 49 finance, and administration. Under his leadership, the School became the largest and most 50 comprehensive university-based local government training, advisory, and research organization in 51 the United States. Smith is a champion of the School's core values of neutrality, non-advocacy, 3 1 and responsiveness. Smith recently announced his intention to step down as dean on December 2 31, 2022. 3 4 Commissioner Bedford read the following proclamation: 5 6 ORANGE COUNTY BOARD OF COMMISSIONERS 7 8 PROCLAMATION RECOGNIZING 9 DEAN MIKE SMITH 10 11 WHEREAS, Michael R. "Mike" Smith became a faculty member of the University of North Carolina 13 at Chapel Hill Institute of Government in 1978 and became its director in 1992; and 14 WHEREAS, when the Institute of Government became known as the School of Government in 15 2001, Mike Smith was named Dean and has held that position continually since then, becoming 16 one of the longest serving deans in University history; and 17 18 WHEREAS, Dean Mike Smith facilitated the successful transition of the Master of Public 19 Administration (MPA) program to the school in 1997, and helped launch the fully online MPA 20 degree in 2013, quadrupling the number of students served; and 21 22 WHEREAS, through Dean Smith's leadership in raising legislative and private funds, the Knapp- 23 Sanders Building, home of the School of Government, was renovated and expanded in 2004; and 24 25 WHEREAS, Dean Smith expanded the School's capacity to serve by offering programs in public 26 technology, public leadership and governance, environmental finance, development finance, 27 28 data-driven policy, and criminal justice; and 29 WHEREAS, under Dean Smith's leadership, the School of Government has become the largest 30 and most comprehensive university-based local government training, advisory, and research 32 organization in the United States; and 33 WHEREAS, in 2006, Dean Smith was appointed Vice Chancellor for Public Service and 34 Engagement, leading the response to UNC Tomorrow, an initiative to make the University of North 35 Carolina System more responsive to the needs of the state; and 36 37 WHEREAS, during his tenure, Dean Smith was a force behind some of the University's most 38 significant public outreach efforts within the state, including the Carolina Center for Public Service, 39 the Thorp Faculty Engaged Scholars Program, the Carolina Engagement Council, and the Tar 40 Heel Bus Tour; and 41 42 WHEREAS, Dean Smith exemplifies the values of neutrality, nonadvocacy, and responsiveness 43 of the School of Government in its mission to improve state and local governments for all North 44 Carolinians; and 45 46 WHEREAS, as he steps down as Dean at the end of 2022, Dean Smith leaves a legacy as one 4477 of the University's greatest champions of public service; 49 NOW, THEREFORE, the Orange County Board of Commissioners, on behalf of the people of 50 Orange County, does hereby proclaim Wednesday, November 2, 2022 as 51 52 53 DEAN MIKE SMITH DAY 4 1 in recognition of his years of exemplary service as Dean of the University of North Carolina at 2 Chapel Hill School of Government, and in appreciation of his commitment to improving North 34 Carolina communities through professionalism and leadership in government. 7 This the 1st day of November, 2022. 8 9 10 Renee Price, Chair 11 Orange County Board of Commissioners 12 13 A motion was made by Commissioner Bedford, seconded by Commissioner McKee, to 14 approve and authorize the Chair to sign the proclamation. 15 16 VOTE: UNANIMOUS 17 18 Dean Smith said he is grateful for the proclamation. He said he stands before them 19 representing his colleagues at the School of Government who are so dedicated to public service 20 in North Carolina and so dedicated to working with local government officials. He said it has 21 been his pleasure to work with them and facilitate what they have been able to do and what they 22 want to do. He said he works with all 100 counties, but Orange County is his county and the 23 best county, so it is special to be here. He said it has been a pleasure to work with everyone in 24 Orange County. He said this is special to him and he is grateful on behalf of the School of 25 Government, but also himself. He thanked the Board for their public service. He said it a 26 challenging time and it has never been more important to be in public service and never more 27 important for the mission of the School of Government. 28 Chair Price said she has appreciated the School of Government since she became a 29 commissioner. She said it has provided many programs, courses, and opportunities for learning 30 for her. She said anyone who goes through the classes becomes a better leader for their 31 community. 32 Commissioner Hamilton said she appreciates Dean Smith's work, and that she also 33 appreciated the classes and resources as a new commissioner. 34 35 b. Native American Heritage Month Proclamation 36 The Board considered approving a proclamation declaring November Native American Heritage 37 month, as added at the beginning of the meeting. 38 39 Chair Price read the following proclamation: 40 41 ORANGE COUNTY BOARD OF COMMISSIONERS 42 43 PROCLAMATION 44 NATIVE AMERICAN HERITAGE MONTH 2O22 45 46 WHEREAS, for millennia, various nations of Indigenous Peoples with their own Tribal 47 governments, social organizations, economic systems, and cultural traditions had inhabited the 48 lands now known as the United States of America; and 49 50 WHEREAS North Carolina is home to eight state recognized tribes including the Coharie, Eastern 51 Band of Cherokee, Haliwa-Saponi, Lumbee, Meherrin, Occaneechi Band of the Saponi Nation, 52 Sappony and Waccamaw-Siouan; and 5 1 2 WHEREAS the Occaneechi Band of the Saponi Nation dwelt in this region today known as 3 Orange County; and 4 5 WHEREAS, in the 181" century, the United States was founded on a concept that all people are 6 created equal, yet American Indian and Alaska Native peoples have struggled and persevered to 7 maintain their identity and their civilization despite centuries of inhumane and unjust Federal 8 policies focused on genocide, removal, and compulsory assimilation; and 9 10 WHEREAS American Indians have served and continue to serve in the Armed Forces—including 11 the Native American Code Talkers in World War I and World War 11—defending the United States 12 and continue to serve at a higher rate than any other ethnic group in the Nation; and 13 14 WHEREAS President Joseph R. Biden signed a Presidential Memorandum committing his 15 Administration to fulfilling Federal trust and treaty responsibilities, respecting Tribal self- 16 governance, and conducting regular consultations with Native American Nations on a range of 17 policy issues; and 18 19 WHEREAS Deb Haaland of the Pueblo of Laguna serves as United States Secretary of the 20 Interior and is the first American Indian in United States history to serve in the Cabinet, having 21 been appointed by President Biden; and 22 23 WHEREAS, in 1990, President George H. W. Bush declared November as National Native 24 American Heritage Month with a bill honoring the Tribal People of America, which began in 1976, 25 when Jerry C. Elliott-High Eagle, a Cherokee/Osage Indian, authored Native American 26 Awareness Week legislation; and 27 28 WHEREAS National Native American Heritage Month is a platform for American Indians to share 29 their culture, traditions, arts, and concepts of life, as well as a time for all people to celebrate the 30 myriad of contributions by Native Americans and honor their influence on the advancement of the 31 United States; and 32 33 WHEREAS the theme this year is "We will defend Tribal sovereignty, self-government, self- 34 determination, and the homelands of Tribal Nations" to reflect the resilience of American Indians; 35 36 NOW, THEREFORE, the Board of County Commissioners, of Orange County, North Carolina 37 hereby proclaims November 2022 as NATIVE AMERICAN HERITAGE MONTH, and urges all 38 residents to observe this month by participating in activities and ceremonies to celebrate 39 November 25, 2022, as Native American Heritage Day to honor the cultures and contributions of 40 Native Americans by committing to freedom, peace, and justice for all. 41 42 43 This 1 st day of November 2022. 44 45 Renee Price, Chair 46 Orange County Board of Commissioners 47 48 A motion was made by Commissioner Price, seconded by Commissioner Fowler, to 49 approve and authorize the Chair to sign the proclamation. 50 51 VOTE: UNANIMOUS 6 1 2 Beverly Payne, Tribal Council member of the Occaneechi Band of the Saponi Nation 3 Tribe, thanked the Board for the proclamation and thanked them for their service to Orange 4 County. She said she knows how hard they all work and appreciates everything they do. 5 6 5. Public Hearings 7 a. Public Hearing on Orange County's HOME-ARP Allocation Plan 8 The Board held a public hearing on Orange County's HOME-ARP Allocation Plan. 9 10 BACKGROUND: The American Rescue Plan Act of 2021 appropriated $5 billion nationwide to 11 provide housing, services, and shelter to individuals experiencing homelessness and other 12 vulnerable populations. The funds were allocated by formula to jurisdictions through the U.S. 13 Department of Housing and Urban Development (HUD) HOME Investment Partnership (HOME) 14 Program. This funding is called "HOME-ARP". In September 2021, HUD awarded the Orange 15 County HOME Consortium (which consists of the County—the "lead entity" for the Consortium — 16 and the Towns of Carrboro, Chapel Hill, and Hillsborough) $1,371,401 in HOME-ARP funds. 17 18 Led by the Local Government Affordable Housing Collaborative (a group made up of one elected 19 official from each jurisdiction that comprises the Consortium), the Orange County HOME 20 Consortium must develop an Allocation Plan to identify priority housing and service needs in the 21 community that may be supported with HOME-ARP funds and to describe the process that will 22 be used to distribute HOME-ARP funds. The Consortium's $1.3 million in HOME-ARP may not 23 be used for eligible housing projects or activities until an Allocation Plan is approved by HUD. It 24 is not expected that any funds will be committed or disbursed in the near future, since the 25 Consortium is just now starting the planning process. The Allocation Plan will determine how the 26 HOME-ARP funds will be awarded to projects or activities and lay out, broadly, which types of 27 eligible uses the Consortium plans to prioritize. 28 29 Once the Allocation Plan is created, staff will follow the process outlined in the Plan. For example, 30 if (based on the community engagement and needs assessment process), the Collaborative 31 decides to distribute HOME-ARP funds through a competitive application process and to prioritize 32 development of affordable housing, staff would then issue a funding application for affordable 33 housing development projects. 34 35 As part of the development of the Plan, Orange County must consult with stakeholders that work 36 with the "Qualifying Populations" listed above. County and Town staff are actively engaging 37 stakeholders by presenting at meetings, soliciting feedback through a survey, and incorporating 38 feedback from the Towns' community engagement processes around ARPA funding. 39 40 As the lead entity of the Consortium, the County must hold a public hearing to obtain residents' 41 comments and feedback on how the HOME-ARP funds should be awarded. Members of the 42 public may submit comments at the public hearing and during the public comment period (October 43 22 — November 7, 2022) to Shaina Crump, Community Development Specialist, by email 44 (scrump(cDorangecountync.gov), by mail (PO Box 8181, Hillsborough, NC 27278)or by telephone 45 (919-886-3574). 46 47 The County held a public hearing last Fall, and since then staff have drafted the HOME-ARP 48 Allocation Plan based on the feedback received during the first public hearing and public comment 49 period, on the other community engagement and stakeholder consultation efforts (including a 50 survey and presentations at community meetings), and from the ARPA public participation 51 processes being conducted by the Towns of Carrboro and Chapel Hill. 7 1 2 After this public hearing on the draft HOME-ARP Allocation Plan, staff will incorporate public 3 feedback into the Plan and present a final version for approval by the Collaborative. Once the 4 Collaborative approves, staff will submit the Plan to HUD. HUD is responsible for final approval 5 of the Plan, at which point, the Consortium may begin to use its HOME-ARP funds. To use the 6 funds, the County will submit draw requests to HUD through its finance system on a 7 reimbursement basis. Any HOME-ARP funds not disbursed by September 30, 2030 will revert 8 back to HUD. 9 10 Corey Root, Director of Housing and Community Development, reviewed the background 11 information for this item. She said there are many steps in order to access the money allocated 12 for Orange County from HOME-ARP funds. She said there was a first public hearing around a 13 year ago for the HOME-ARP Allocation Plan. She said the county is not required to do a second 14 public hearing, but wanted to anyway because the first one was getting input on what should be 15 in the plan and this one is focused on input on what the plan actually says. She said staff has 16 done robust outreach and consulted the many groups that work on housing throughout the county, 17 as well as service providers, the Orange County Partnership to End Homelessness Leadership 18 Team and working groups. She said staff also conducted a community survey and has gotten 19 input from folks with lived experienced of housing insecurity. She said all of this input was included 20 in the draft plan, and the recommendation from the Local Government Affordable Housing 21 Collaborative is to put the extra HOME-ARP money into the regular HOME funding to have a 22 combined application process for service providers beginning in December 2022 or January 2023. 23 She said any input received tonight or during the scheduled public comment period will be 24 included in the revised plan. The plan will then be submitted to HUD, and hope to have the 25 approved plan available by January 2023. 26 27 A motion was made by Commissioner Hamilton, seconded by Commissioner Fowler, to 28 open the public hearing. 29 30 VOTE: UNANIMOUS 31 32 There was no one signed up to speak for the public hearing. 33 34 A motion was made by Commissioner Greene, seconded by Commissioner Fowler, to 35 close the public hearing. 36 37 VOTE: UNANIMOUS 38 39 Commissioner Greene said this is a good idea and plan. 40 Commissioner Richards said she appreciated the extensive effort to get input on the plan. 41 She said it struck her how many groups are working on this issue in the county. She said it begs 42 the question of how they can all have a strategy that works together in order to leverage the 43 funding. She said if there was a more clear strategy or definition about what the county was trying 44 to do, they might be able to have a bigger impact. She said she likes having a streamlined 45 process, but hopes the money will be able to have the most effective impact. 46 Commissioner Bedford said she also noted that the non-profits, organizations, and the 47 towns all hit on the same needs. She said Orange County is fortunate to have this additional 48 funding and that she looks forward to seeing the applications. She asked which group will prioritize 49 the applications. 50 Corey Root said the Local Government Affordable Housing Collaborative will do that. 8 1 Commissioner Greene asked if Corey would describe the Collaborative's thinking and 2 strategy. 3 Corey Root said the $1.3 million comes with 10% dedicated to administrative costs for a 4 total of approximately $137,000. She said since this is one time administrative funding, it seemed 5 strange to allocate that to staffing. She said the Collaborative has asked staff to look into a 6 Countywide Housing Plan to combine and expand upon existing housing plans, and the plan is to 7 use the administrative money for a consultant to do this work. She an RFP has been drafted for 8 a consultant to do an analysis of existing plans and groups. She said the consultant will also do 9 a deep dive into what folks with lived experience feel are the most important needs. 10 11 b. Public Hearing on 2021 Consolidated Annual Performance Report (CAPER) for the 12 HOME Investment Partnerships (HOME) Program 13 The Board held a public hearing on the draft Consolidated Annual Performance Report (CAPER) 14 for the HOME Investment Partnerships (HOME) Program. 15 16 BACKGROUND: Each year, Orange County reports on activities undertaken with funds from the 17 U.S. Department of Housing and Urban Development through the HOME Program. This annual 18 report, called the Consolidated Annual Performance Report (CAPER), documents the progress 19 towards implementing the priorities and activities identified in the Annual Action Plan. During the 20 2021 CAPER period (July 1, 2021 through June 30, 2022), the County disbursed approximately 21 $200,000 in HOME funds and an additional $54,000 in local matching funds (contributed by the 22 Towns of Chapel Hill, Carrboro, and Hillsborough, as well as the County) for eligible housing 23 activities. These activities included provision of down payment assistance for low-income 24 homebuyers and provision of tenant-based rental assistance. 25 26 Orange County must hold a public hearing to obtain residents' comments and feedback on the 27 Consolidated Annual Performance Report (CAPER). Members of the public may also submit 28 comments during the public comment period (October 22— November 7, 2022)to Shaina Crump, 29 Community Development Specialist, by email (scrump _orangecountync.gov), by mail (PO Box 30 8181, Hillsborough, NC 27278) or by telephone (919-886-3574). 31 32 Corey Root reviewed the background information for this item. She said HOME dollars 33 can be spent over a five year period. She said many items show that no money has been spent 34 yet, because there are five years to spend the money. 35 Commissioner Fowler asked how much money was spent in FY21. 36 Corey Root said $271,000 was spent from various funding years, not only from FY21 37 funding. 38 39 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to 40 open the public hearing. 41 42 VOTE: UNANIMOUS 43 44 There was no one signed up to speak for the public hearing. 45 46 A motion was made by Commissioner McKee, seconded by Commissioner Richards, to 47 close the public hearing. 48 49 VOTE: UNANIMOUS 50 9 1 Commissioner McKee relayed the contents of a phone call he received from a resident 2 about the help they received from Corey Root and other housing staff. He said the resident was 3 in a dire situation and was very complimentary of staff, and was extremely grateful for the help 4 they received and the outcome in preventing their house from becoming uninhabitable. 5 Chair Price thanked Corey Root for the work she has done, especially throughout the 6 pandemic and keeping people in their homes. 7 8 c. 2022 Orange County Transit Plan Update — Public Hearing 9 The Board held a public hearing, received the Policy Steering Committee, Staff Working Group, 10 and Orange Unified Transportation Board recommendations, closed the public hearing, and 11 considered taking action on the 2022 Orange County Transit Plan (OCTP) Update. 12 13 BACKGROUND: In 2012, the Orange County Board of Commissioners along with the Durham- 14 Chapel Hill Carrboro Metropolitan Planning Organization (DCHC MPO) and GoTriangle adopted 15 the first Orange County Transit Plan. This Plan was funded using a newly-adopted Article 43 Half- 16 Cent Sales Tax, and it included investments in new and expanded bus service and new capital 17 infrastructure projects such as the Chapel Hill North-South Bus Rapid Transit Project, the 18 Hillsborough Train Station, and the Durham-Orange Light Rail Transit(DO LRT) Project. The Plan 19 was updated in 2017 to meet federal requirements associated with the DO LRT Project. 20 21 In March 2019, the DO LRT Project was discontinued. This project was central to the Transit Plan 22 as the Plan's primary investment, representing a critical partnership between Durham and Orange 23 counties, and serving as the transit infrastructure around which other transit services and growth 24 strategies were planned. In response to the discontinuation of the DO LRT project, Orange County 25 staff began the process of creating a draft framework to create a new Orange County Transit Plan 26 that prioritizes investments, funds service improvements, and improves the resiliency of the public 27 transit network. 28 29 At its November 17, 2019 meeting, the Orange County Board of Commissioners approved the 30 planning framework for updating the Orange County Transit Plan. The framework included a 31 Policy Steering Committee (PSC)composed of two (2)Commissioners serving as Co-Chairs, and 32 one representative each from Chapel Hill, Carrboro, Hillsborough, and Mebane to lead the 33 process. The County and/or municipal appointees are intended to represent the interests of 34 GoTriangle and DCHC MPO. 35 36 The PSC is supported by a staff team led by County staff and including staff representatives from 37 the aforementioned municipal jurisdictions, as well as DCHC MPO, Triangle J Council of 38 Governments (TJCOG), the Triangle Area Rural Planning Organization (TARPO), and the 39 University of North Carolina at Chapel Hill (UNC). 40 41 In January 2020, Orange County Planning staff began work with Renaissance Planning, Inc., the 42 consulting firm chosen to update the Orange County Transit Plan. Over the past two years, 43 Planning staff and the consulting team have established key project deliverables and the timetable 44 for their delivery, defined the scope of the consulting work, established a project website 45 (www.octransit2020.com), created the public participation and outreach plans, and conducted 46 regular meetings with the PSC, transit service providers, and key stakeholders with updates on 47 the plan's progress. Both the PSC and the staff team provided direction and guidance to the 48 consulting firm whose tasks included analyzing data, facilitating public input processes, soliciting 49 feedback from specific stakeholders, and drafting the Transit Plan. The new Plan is intended to 50 outline transit investment priorities through 2040. 51 10 1 Following is a list of key process milestones carried out by the Renaissance, PSC, transit service 2 providers and staff teams: 3 4 • Bi-monthly staff meetings with progress updates for the PSC during the 2020 calendar 5 year (May 2020) 6 • Completed the Transit Choices Brochure (TCB), a visual document that illustrates the 7 concepts and continuums of transit planning, and the Regional Connections Opportunity 8 (RCO) Report, a technical assessment of key issues and opportunities for effective transit 9 service (July 2020) 10 • Held the first Transit Summit over the Zoom platform and documented key themes from 11 the summit discussions and first public survey (October 2020) 12 • Developed draft versions of conceptual scenarios and graphics with an accompanying 13 memo (January 2021) 14 • Held recurring monthly PSC meetings over Zoom with updates for first half of 2021 15 (January 2021 —June 2021) 16 • Received final versions of conceptual scenarios and graphics with an accompanying 17 memo (May 2021) 18 • Held an in-person Transit Summit for PSC members to discuss core values and visions 19 for the fiscally-constrained plan and learned of aspirational future projects (July 2021) 20 • Received draft recommended network and plan as well as draft conceptual vision map for 21 transit service provider feedback and scheduling of future PSC meetings (October 2021) 22 • Held PSC Work Session #1 to look at the final recommended network and conceptual 23 vision map with goal of beginning round 2 of public outreach (January 2022) 24 . Created public outreach opportunities with a second round of surveying (over 1,000 25 surveys were collected) and two focus groups (held on February 8t" and February 16t") 26 that included local stakeholders (February 2022) 27 • Held PSC Work Session #2 to look at the feedback received from public outreach and 28 assess the draft network, which resulted in a request to provide check-in presentations to 29 the local elected boards (March 2022) 30 • OUTBoard received a presentation on the draft Transit Plan Update (April 2022) 31 • Orange County BOCC received a presentation from its consultant on the draft 32 Transit Plan Update (April 2022). The projects and service improvements included in the 33 draft received by the BOCC last April are the same as those included in the final Draft plan 34 for current consideration by the BOCC along with a recommendation to add funding to the 35 Chapel Hill North-South Bus Rapid Transit Project to facilitate the project's application for 36 eighty percent (80%) federal funding. 37 • Held PSC Work Session #3 to present a final draft of the plan updated with feedback from 38 the transit service providers, the local elected boards and the PSC (May 2022) 39 • Consultant delivered final report (including appendices) to Orange County Planning Staff 40 in preparation for fall 2022 adoption timeline (August 2022) 41 42 The complete 2022 Orange County Transit Plan Update, including Appendix, as well as the 2017 43 Orange County Transit Plan, can be downloaded via the following link: 44 https://www.orangecountync.gov/DocumentCenter/View/21099/2022-Orange-County-Transit- 45 Plan-Update?bidld= 46 47 Policy Steering Committee (PSC) Recommendation: At its May 20, 2022 meeting, the PSC 48 recommended the draft 2020 Orange County Transit Plan Update for consideration by the 49 adopting parties, beginning with Orange County, and as outlined below. The PSC also met on 50 October 14, 2022 to consider and provide a recommendation specific to Chapel Hill Transit's 11 1 request to add additional funding for the North-South Bus Rapid Transit (N-S BRT) project. The 2 PSC recommended using a portion of accumulated End of Year Fund Balance to add $15M, over 3 20-years, beginning in FY 2027 and to reflect the additional funding in the Transit Plan Update. 4 Attachment 2 is a revised financial summary that incorporates the additional funding through FY 5 2040. 6 7 Orange County Transit Plan Staff Working Group (SWG) Recommendation: At its October 19, 8 2022 meeting, the SWG unanimously recommended adoption of the draft 2022 Transit Plan 9 Update by all parties and to include the additional funding for N-S BRT, consistent with the 10 recommendation provided by the PSC. 11 12 OUTBoard Recommendation: At its October 19, 2022 meeting, the OUTBoard unanimously 13 recommended BOCC adoption of the draft 2022 Transit Plan Update to include the additional 14 funding for N-S BRT, consistent with the recommendation provided by the PSC. 15 16 Adoption Process and Next Steps: 17 Orange County: 18 • PSC recommendations (5/20/22 & 10/14/22, Complete) 19 • SWG recommendation (10/19/22, Complete) 20 • OUTBoard Recommendation (10/19/22, Complete) 21 • BOCC Public Hearing and possible action (11/1/22) 22 • BOCC agenda item, if needed for action (11/15/22) 23 24 DCHC MPO: 25 • Technical Committee recommendation to release draft for public comment (9/28/22) 26 (Complete) 27 • Board consideration to release draft for public comment (10/12/22) 28 (Complete) 29 • Technical Committee recommendation (11/16/22) 30 • Board adoption consideration (12/14/22) 31 32 GoTriangle: 33 • Planning and Land Use Committee recommendation (TBD) 34 . Board adoption consideration (TBD) 35 36 Tom Altieri, Comprehensive Planning Supervisor, introduced members of staff in the 37 audience and Scudder Wag with Jarrett Walker + Associates. He said that Scudder Wag was a 38 member of the renaissance team that helped develop the plan. 39 Scudder Wag said that it has been a pleasure to work with Orange County staff to help 40 the Board chart a new path forward for their new transit plan. He said that this is an excellent plan 41 for the Board to invest in. 42 Tom Altieri gave the following PowerPoint presentation: 43 44 12 1 Slide #1 ORANGE COUNTY NORTH. CAROLINA BOARD OF COMMISSIONERS 2022 ORANGE COUNTY TRANSIT PLAN UPDATE— PUBLIC HEARING Item 5.c. November 1, 2022 2 3 Tom Altieri said this project started after the light rail project was terminated. He noted the 4 members of the policy steering committee. 5 6 Slide #2 Purpose: To hold a public hearing, receive the Policy Steering Committee, Staff Working Group, and Orange Unified Transportation Board recommendations, close the public hearing, and considertaking action on the 2022 Orange County Transit Plan (OCTP) Update. ORANGE COUNTY NORTI I CA ROIJ NA 7 8 9 Slide #3 PROJECT OVERVIEW & SCHEDULE R . Outreach& Engagement ■--mot ■ ■ ■- ■ ■ sxru su�r T fl MW s.rg , F4i vamer sr,— Fei M6 MR 2M6 2xi 2621 2027 20M 2W2 2022 ORANGE COUNTY NORTI I CAROLINA 10 13 1 Tom Altieri said outreach was conducted in two phases. He said that they interfaced with 2 the public and the policy steering committee throughout the analysis and network development 3 plan. 4 5 Slide #4 TRANSIT PLAN UPDATE: WHAT'S INCLUDED? • Programmed projects are carried over: capital investments and service improvements in previously adopted transit plans (2012,2017) excluding LRT • New projects: capital investments and service improvements)funded with unallocated transit tax revenues ORANGE COUNTY 6 NORT[[CAROL]NA 7 8 Slide #5 ENGAGEMENT w..w,b.,, TWO PHASES 1 Phase 1 (Fall 2020) I1 • Goal- Identify Needs& Priorities •� • Methods: Virtual Transit Summit, online survey Phase 2(Winter/Spring 2022) • Goal-Vet Proposed Projects • Methods: Virtual focus groups, online survey, pop ups at transit .-..- stops ORANGECOUNTY 9 NnHn 1—1kt n.iNn 10 Tom Altieri said that the survey results supported the plan. He said more information on 11 the outreach that was conducted is available on the website. He said the majority of the responses 12 came from the southern and central areas of the county. 13 14 Slide #6 PROJECTS: SELECTION How were projects selected? Those that could be: • Funded using projected transit tax revenues • GoTriangle financial model forecasts were used to determine available future revenues • Already-programmed capital and service improvements are included in expenses ORANGE COUNTY 15 NORT[[GROL]NA 14 1 Tom Altieri said this is really an update of existing plans rather than an entirely new plan. 2 3 Slide #7 PROJECTS: SELECTION (Cont.) For each potential project,we considered: 1. Is the project identified as an unfunded or emerging priority by transit service providers? 2. Does the improvement meet needs expressed by public? 3. Does the improvement reflect values identified by PSC? cluity_y, environmental sustainability, economic Prosperity, affordable and attainable qualify of life, transportation and access for all 4. Does the project support the conceptual transit vision or fill a regional connectivity gap? ORANGE COUNTY 4 NORTr I CA LINA 5 6 Slide #8 PROPOSED PROJECTS (Operations) 0-1 CW Run 30-minute service all day Route 0.2 -.;:'_. HS Add weekend service that runsevery 70 minutes �tUriu Route 0.3 NS Improve peak frequency to every 6 minutes;provide Saturday Route service to 11 PM and Sunday service to 9 PM 0-4 OCPT Run service 2 days per week,per zone MOD 0.5 US GoTriangle route 4001405 consolidation and midday 15.501 frequent y i m provemen is Projeots CHT O routeextenslon to Patterson Place CHT J route peak and midday frequency Improvements ORANGE COUNTY NOR71r CAR L]NA 7 8 Tom Altieri said that these are five new or expanded bus routes that are included in the 9 plan. 10 11 Slide #9 PROPOSED PROJECTS (Capital) C-1 Stop and transfer Improved stops and pedestrian improvements.US crossing improvements supporting 15-5011 Fordham transfers 4etvveen the D.F.and Blvd.and 400 routes Ephesus Church Rd. C-2 Speed and Oueuefump lane and shoulder relialAity Funning bualane improvements on '"':• improvements,US US 15.5011 Fordham Blvd.and 15-5011 Fordham Manning❑r.supporting Blvd.and Manning improvements to the 0 and 400 LA Dr. routes ORANGE COUNTY 12 NORTrIC L]NA 15 1 Slide #10 North-South Bus Rapid Transit (NSBRT) - A Capital Project in Existing(2017) Transit Plan �s • Increase transit system _ �® capacity (currently operating " l;G ; close to maximum) -- • Provide a sustainable, scalable - public transit option • Connect to regional transit �o j - systems and destinations • Support transit-oriented land uses and development • Enhance the community's " multimodal network (multiuse - ro path included with project) 2 To Learn Morc nsbrf-orgf - 3 Tom Altieri said that NSBRT will provide access from Eubanks Road to Southern Village. 4 5 Slide #11 N-S BRT CURRENT STATUS & NEXT STEPS 0*"• 2021 2022 2023 2024 2025 2026 2027 2028 • Beginning 11nu21 1509S design camm menceroent • FTATOD 1117022 60yhdesign Planning Grant g°�e G sgn usrmzs received— Firpl Plam and Bid documents underway 0312M Request for • Aim to submit E+aluation request For 0712025 Full Funding Full Funding Grant Agmemurrt •ca structu Cunm noememrt Grant 1M02s Agreement in Reoenuc 5cry cc August2023 6 7 Tom Altieri said that they expect 90% of the design to be completed by September of next 8 year. 9 10 Slide #12 ADDITIONAL FUNDING FOR NORTH-SOUTH BUS RAPID TRANSIT (N-S BRT) PROJECT - Proposal brought forward by Chapel Hill Transit(CHT)staff after the final draft Transit Plan Update was prepared • Request for addition al $15M,over 20-years, beginning in FY'27 • Needed for CHT to submit a Full Funding Grant Agreement(FFGA)request to Federal Transit Administration(August 2023) • CHT will continue to pursue State funding and other grant sources to reduce need from OC Transit Plan. OC Transit Plan is to be funding of last resort. - Approved (Oct 14)by Policy Steering Committee and to be considered by BOCC as part of Transit Plan Update ORANGE COUNrrr 1 1 NIMM I CAROLINA 16 1 Slide #13 NLKi @riE12A1¢lN 1kal4S9T VISION MAA EM,„ OgNI W 1 P hr LwrL1fl•� Is....ir a.n..u•I�I—�— E•rw.Bw G-+trLKWI—�� Xrli.=arh[Ynl��r•IX yrrl 4At[Fa[.arr/�LE00m—�� [l�l•XS:.�LT [pYrLLOt1rYY Next Generation !� _ GO Transit Vision . Triangfe long-term, s..... conceptual vision °-_-• � for transit service and investments in Orange County. ID I tlLL7LW-07rYY 8 pp �!.�� C RT ORI••II G E tirCUN1" �T N4DJ TH e,A ROLINA 2 3 Tom Altieri said that this map is on page 69 of the plan and provides a long-term 4 conceptual vision of the county's transit service and investments. He said the blue dotted line that 5 connects multiple counties depicts expanded commuter rail. He said that the dash line heading 6 south into Chatham is for express bus service connecting those areas. 7 8 Slide #14 TRANSIT IT PLAN UPDATE CONSIDERATION & ADOPTION PROCESS Orange County; • Polley Steering Committee (P C) Recommendations(5�M22&1QV14M, Complele) • Staff Working Group(MG)Recommendation (1(119M. CompMle) • OUTBoard Recommendation (10119f22) • MOCC pubilc hearing and pceslbleaction (1111M) • BCCC agenda Item, If needed for action (1V1&22) DCHC MPO; • Technical Committee recommendation to release draftfor public comment(OM22, Compdele) • Board consideration to release draft for pubilc comment�1W12122, Complete) • Technical Committee recommendation (11116122) • Board adoption consideration (12f14122) GoTdangle; • Planning and Land Use Committee reeammandaWn(TOD) :#�� • Board adoption consideration (TBD) ORANGE COUNTY NORT[[CAROL]NA 9 10 17 1 Slide #15 RECOMMENDATION(S): The Manager recommends the Board: 1.Receive the proposed 2022 Orange County Transit Plan Update; 2.Conduct the public hearing and accept recommendations and public comment(s); 3.Close the public hearing; 4.Deliberate as desired; and 5.Consider taking action on the 2022 Orange County Transit Plan Update (Attachment 1)to include the financial changes (Attachment 2) needed to fund N-S BRT and, if adopting, authorize Chair's signature on page I" of the Plan. ORANGE COUNTY WORT[f CAR L]NA 2 3 Chair Price thanked Tom for his presentation. 4 Commissioner McKee said that the timing on the BRT from Chapel Hill to Durham appears 5 to be around 2050. 6 Tom said that initial funding would start in 2027 and extend until 2046. 7 Commissioner McKee asked if he's correct that once the NSBRT is approved, there would 8 be more focus on moving forward the 15-501 corridor faster. He said something does need to be 9 in place with the light rail failure. He asked if there is any thought on how to move that forward in 10 a more timely manner. 11 Tom Altieri said part of the funding landscape for that project requires some revenue 12 buildup in the plan. He said that it would not be expected to go online given the current schedule 13 until FY29. He said Chapel Hill Transit staff are in the audience and can take back the message 14 that there is interest in moving this forward quicker. 15 Commissioner Bedford said there was also a study from Ephesus Church Rd. to 15-501 16 to the Durham County line that was rejected. She asked for the status on that project. 17 Aaron Cain from the DCHC MPO said they are looking at options to consider for that 18 corridor again and will be going out in the next few months for some consultant services. 19 Commissioner Bedford said so something will be done before 2050. 20 Aaron Cain said there will be incremental improvements to the corridor prior to going to a 21 full BRT program. 22 Commissioner McKee said this is a critical corridor to develop out and he appreciates that 23 even though he was against the light rail project. 24 Aaron Cain said that 2050 comes from the Metropolitan Transportation Plan and that is 25 done in ten-year increments, but it will be completed before 2050. 26 Commissioner McKee said he wanted to clarify that because someone reading this 27 document may wonder why it will take that long. 28 Commissioner Greene said Commissioner McKee's question is right along with what the 29 Policy Steering Committee had in mind. She said that they want to do both expansion of services 30 and bringing on BRT as quickly as it can be done affordably. She thanked Tom for his work and 31 recognized Carolyn Dwyer. She said the Policy Steering Committee had to push to make sure 32 the next generation transit plan was a part of the Plan. 33 Commissioner Bedford said one of the things the committee did was look at governance. 34 She said one of the issues is the staff working group. She said they heard there was concern 35 about making changes to add voting members from the towns. 36 Tom Altieri said this is a subsequent item on the agenda tonight. 18 1 Chair Price asked about Mobility on Demand. She said it was originally Friday and 2 Saturday only. 3 Tom Altieri said the county is divided into three zones and services will be expanded for 4 two days in each of the three zones. He said it is now operating on two days a week in a smaller 5 service area. 6 Chair Price asked if it will continue to run on weekends or if it will extend to weekdays as 7 well. 8 Tom Altieri said he was unsure that the level of detail regarding actual days had been 9 determined yet. 10 Nish Trivedi said drivers are needed to expand the service. 11 Chair Price said they still need transit in the rural areas during the week. She said they 12 have also been using it to go to the movies. She said they are looking for bus drivers. 13 14 A motion was made by Commissioner Richards, seconded by Commissioner Hamilton, to 15 open the public hearing. 16 17 VOTE: UNANIMOUS 18 19 There was no one signed up to speak for the public hearing. 20 21 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to 22 close the public hearing. 23 24 VOTE: UNANIMOUS 25 26 A motion was made by Commissioner Greene, seconded by Commissioner Fowler, to 27 approve the 2022 Orange County Transit Plan Update and authorize the Chair to sign the Plan. 28 29 VOTE: UNANIMOUS 30 31 6. Regular Agenda 32 a. Food Council Memorandum of Understanding Agreement Renewal 33 At the beginning of the meeting, the Board voted to delay this item for consideration at the 34 November 10, 2022 work session. 35 36 b. Durham & Orange Transit Plan Governance Study — Interlocal Agreement Between 37 Orange County, Durham-Chapel Hill-Carrboro Metropolitan Planning Organization, and 38 Research Triangle Regional Public Transportation Authority 39 The Board considered adoption of the Orange County Transit Plan Interlocal Agreement (ILA). 40 41 BACKGROUND: In the early 2010's, Orange County approved a county-wide transit plan, which 42 included a joint recommendation for the development of the Durham-Orange Light Rail Transit 43 (DO LRT) project. In 2013, an interlocal agreement (ILA) was developed and approved by the 44 Orange County Board of County Commissioners (BOCC), the Durham-Chapel Hill-Carrboro 45 Metropolitan Planning Organization (DCHC MPO) Board and the GoTriangle Board of Trustees. 46 Upon the discontinuation of the DO LRT project, it was realized that a new governance framework 47 (aka ILA) was necessary to guide the implementation of future County transit plans. 48 49 Project goals include: 50 Creation of a clear, operationally efficient governance structure that ensures that Orange 51 County priorities are funded and implemented with the County transit taxes and fees. 19 1 • Formation of new levels of accountability, which includes development of an equitable set 2 of processes, seeking to gain further community trust. 3 4 In the fall of 2021, the study team invited the BOCC, as well as others serving on other transit 5 plan governing boards (GoTriangle & DCHC MPO) and staff, to participate in initial small-group 6 interviews. From those interviews, the team learned about overall needs, and the study process 7 continued to allow for a facilitated workshop with elected officials from each of the transit plan 8 governing boards (GoTriangle & DCHC MPO). These needs were defined through five overall 9 elements to be incorporated into a new governance framework: Representative, Equitable, 10 Collaborative, Transparent, and Accessible. 11 12 From these five elements, the elected officials further helped to weigh-in on how much change 13 was necessary to primary elements of the existing framework. This feedback provided leadership 14 and guidance to develop draft alternatives for consideration in a new governance framework. 15 16 Staff from all three parties to the existing governance framework attended joint workshops in 17 March and April 2022. These workshops focused on critical elements that informed the foundation 18 of what a new ILA could offer to all parties. Discussion focused on multiple alternatives of critical 19 elements that comprise the following four areas: Membership, Voting Structures, Financial 20 Planning, and Program & Plan Development. Outcomes of this workshop indicated: 21 22 1. Formalizing greater involvement from multiple jurisdictions and entities at the Staff 23 Working Group (SWG) level and associated representative voting structures (the SWG is 24 the technical recommending body for plan implementation elements). 25 2. Clearly defining roles & responsibilities for each signatory to the updated interlocal 26 agreement. 27 3. Solidifying the County's role in annual work program/budget development with the tax 28 district administrator. 29 4. Defining terminology and language consistently to ensure clarity and transparency for all 30 parties who will use this updated governance framework for plan implementation in the 31 future. 32 5. While referencing State Statutes, the updated ILA and supporting documentation will 33 further define equity as it relates to utilization of tax revenues throughout the county, as 34 well as accounting for regional transit needs. 35 36 In parallel with the Interlocal Agreement development, discussions with all three parties to the 37 agreement discussed critical elements that would require further definition or supportive guidance 38 through supplemental policies & procedures and not be specifically codified in the ILA. These 39 items include updated SWG Bylaws and Financial Policies, as well as incorporating plan 40 implementation administration/management elements throughout. Throughout the summer of 41 2022, several multi-agency staff meetings were held to work through some of the finer details of 42 the ILA. The result is a final Transit Governance Interlocal Agreement that reflects the study 43 process goals and the five critical elements identified above. 44 45 Following is a summary of key study outcomes that are encapsulated within the draft ILA: 46 47 1. Greater municipal involvement in Transit Plan/Annual Work Program 48 development/implementation and representation on the SWG. 49 2. BOCC now a governing body, with authority to approve Annual Work Program/Transit 50 Plan. 51 3. Parties endeavor to streamline project agreements. 20 1 4. BOCC and additional ILA parties will receive progress and financial report updates on a 2 cyclical basis. 3 5. Greater clarity on funding sources and application for Work Program/Transit Plan 4 development/implementation. 5 6 All three aforementioned parties are to adopt the ILA, beginning with Orange County. Attachment 7 1 includes a Memo of Transmittal from the County's consultant. The staff team is continuing its 8 work on some of the finer details of the draft supporting policies and procedures and the County 9 staff will return to the BOCC, at a subsequent meeting, in the coming months, for consideration 10 of these items. 11 12 Adoption Process and Next Steps: 13 Orange County: 14 BOCC adoption consideration (11/1/22) 15 16 DCHC MPO: 17 • Technical Committee recommendation (11/16/22) 18 • Board adoption consideration (12/14/22) 19 20 GoTriangle: 21 Board adoption consideration (TBD) 22 23 24 Adam Howe from Atkins Consulting made the following PowerPoint presentation: 25 26 Slide #1 ATKINS Durharn & Orange Counties Transit Plan Governance Study Orange County EOCC ILA Adoption November 1.2022 27 28 29 21 1 Slide #2 Update Outline s Project Need&Overview Project Goals Study Process to Date a Primary Outcomes of the Study New Structure& Summary s Road to Adoption ATKINS 2 3 4 Slide #3 Project Need & Over-view •�•OTransli ® _�-OLRT ® .Updated Plans&S Qiscantinued •Transit Plan Governance •Transit ILAs Uptlates Framework ATKINS 5 6 7 Slide #4 Primary State Enabling Legislation N.C.G.S. Chapter 160A—defines how a government body exists 5 Article 26—Regional Public Transportation Authority Act N.C.G.S. Chapter 105—defines how a government body is enabled to raise and provide revenue for necessary uses and purposes. �Article 43—Local Govemment Public Transoorfation Sales Tax Act N.C.G.S. Chapter 153A—defines enumerated powers and responsibilities for Counties, but also defines the County role with levying revenue sources to support public transportation services (property tax assessment) ATKINS 8 9 10 22 1 Slide #5 Project Goals Creating a clear, operationally efficient governance structure that ensures that Durham & Orange Counties' priorities are funded and implemented with the County transit taxes and fees Forming new levels of accountability, that includes development of an equitable set of processes which seek to pain community trust. 11TKINS 2 3 Adam Howe said that commissioners were interviewed individually and then a collective 4 elected official discussion among all four governing boards. He said there was also a desire to 5 form new levels of accountability. 6 7 Slide #6 Am 3 Partners here heen msem Study Process to Pate &scaesione from the erarn orange CA-4 GoTriangle OCFW MPA -a • Initial Stakeholder Interview •Joint Elected officials Workshop ■- Peer Interview ATKINS 8 9 Adam Howe said that collaboration between the three partners was very positive. 10 11 Slide #7 Study Process to Date • Alternatives Development • Joint Staff Workshop #1 a •Joint Staff Workshop#2 ATKINS 12 23 1 Adam Howe said the joint workshops reviewed the alternatives. He said that consensus 2 was reached on a majority of topics. 3 4 Slide #8 Study Process to Date • Legal Roundtable * Individual Organization Discussions Policies &Procedures Development; ILA Finalization ATKINS 5 6 Adam Howe said they hosted the attorneys at a legal roundtable. He said that during July- 7 August 2022 there were individual discussions with each partner about any outstanding issues. 8 He said that they have been able to start moving forward with the supplemental policies and 9 procedures. 10 11 Slide #9 Primary Outcomes of the Study Orange County SWO Membership&Associated Voting Structure Noting Members orange County(2 Votes) ❑CHC MPO(2 Votes) GoTriangle(2 Votes) Town of Chapel Hill(2 Votes) Town of Garrboro(f Vote) Toxin ofHrllsbarougb(i Vote) City of Mebane(I Vote) Nan Voting Members TJ COG UNC Chapel Hili ATKINS 12 13 Adam Howe said the Town of Chapel Hill, Town of Carrboro, Town of Hillsborough, and 14 City of Mebane are new additions to the SWG and are voting members. He said GoTriangle 15 thought it would be appropriate to add transit facilitators to the table as well. 16 17 24 1 Slide #10 Primary Outcomes of the Study Voting on Annual Work Program &Budget Approval Process Recommended language provides: The county first opportunity to consider approval of the Annual Work Program as recommended by the Staff Working Group,and would take action to'Approve'or'Deny' Upon County Approval,GoTnangle Board Of Trustees(GOT)would receive Annual Work Program(which includes budgets)and would then take action to'Approve'or'Deny' 11 disagreement occurs between the two boards that cannot be resolved by the beginning of the next fiscal year,an Interim Work Program may be authorized(enabled by state statute). which would allow continuation of all operating services from prior year and freeze all capital projects. ATKINS AcVwof?of CwMy appFoM provides mpmsanfartn in hudgetdwwon. strengthens amunfahirify wwh fha public,and anhances epriaboredon befwean baards. 2 3 4 Slide #11 Primary Outcomes of the Study Agreement Development &Expectations Recommended language provides: All parties endeavor to develop Master Ca aitallGneratinoAgreements MPo to be a party to any project involving funds they manage Ora nge County shall be a pa rty to any type of agreement where GoTnang le is the protect sponsor GoTriangle.as tax di strict administrator,shall be a party to AL L ag ree ments SWGto determine appropri ate agreement structuie for specraI case needs,such as a large regional projects;required elements to define agreements shall be further detailed in Master Participation Agreements, ATKINS Agreements mf?provide greater coRaba a5vn wM A ujerf sponso s end enhanced danty, rran-parency ande=wmabefify�a the pubec and the gareming boards 5 6 Adam Howe said they hope to streamline it by making it part of one document. 7 8 Slide#12 Primary Outcomes of the Study Reporting Expectations Recommended language provides: Annual Report-delivered to all parties by De-oember lVh Enhanced 02 Financial&Project Status Report-delivered to all parties by March 151, Quarterly Financial Reports(Q 1&03)-delivered to all parties 45 days after close of ear h quarter Reporting expectations and templates to be defined bySWG(by defined deadlines in ILA) ATKINIS Addifian afmporhag experfafrans wVf Apw M1xi rip ovedl ansea ency and acrauntabi+ity -_-...-_-.. fo fire pebfft and govaminp aoarda on plan imp♦ernenfafian 9 25 1 Adam Howe said that there is now an annual report that will be delivered to all parties at 2 the end of each fiscal year. 3 4 Slide #13 Primary Outcomes of the Study Delineation of Funding Sources Recommendled language provides: I LA specifically defines'Dedicated Local Transit Funding Souroes'for panty,define separation from local funding sources and additional state,federal and debt funding s Article43 Hail tint(0-5 percent)5o�Les and Us-p T&x r Artich?51 Thnee-dollar($3)increase to GaTrrarsg�e Regiprml Registration r<ee r Article52 ScwLrr-DWfar 1`$7)County Vehicle Regi5tration Fee } VehicleRLn?tal ThR(to accommodot4n futrire shifts of what tMlsAndlnq source wiilsapporr;,larrguaga has been included to acknowledge that it rs under the contras of the GaTrrang�e Board of Trustees urW any future allocatiorr5 of 5ur.M funding are at the 5ok 4i5creti4m of thR CaTriongg a Board of Trv-m sJ# ATK I N S parenimn of iunch'ng aource5 prove des clarify on the to 5uppon exrsftng trgm5 f cervrcas and to iqat meof new services 5 6 7 Slide #14 Primary Outcomes of the Study Clearly Defining Supplantation based on State Statute Recommended language provides: Supplantation means the opportunity for parties to this agreement to use certain funding sources to replace existing funds or other resources for public transportation systerns- Local Funding Source that allows supplantation_Itie County Vehicte Registration Tax IN.C.GS 105-570)which is levier}at its maximum amount of$7AD per year:this allows the tnun[ies ko fund the inrreased rusk of existing services as currently allocated F LacdlFundl%sources that-do rwt allow supplantation! 1, Laal Go nnMM Saf*t and us*T4064 far FNAWk Tlransp*rtatlon (N r�r3.5. 105-505:514)w17101 ii levied at Its maximum allowable rate aF one ha IF percent{non-supplontotion ritedrn N-CCr-S 105-5107-3-bl: 11. Re&natl Transit Authorhy Registration Tax(N-C-GS.110rr560=5£9Mwhirh is levied at its maximum amount or 58,00 pet veau wlth 53.W of t aMll 55.pp collected allocatea Io'cally 10 orange CGURty(riotl-5UPPMrrtattdrt citedirr Ai-co-S. SOS-SGdf ATKINS 8 9 10 26 1 Slide #15 A Master Parirrapauon Agreem ni Reporting formaRy,br,rrps all�otaljur,sCictiorisfoMIN @ItVStructure Expectations plao 1wpAqmbr?1c?P0rr table. r tt furf�7far,7efirr85�4:do4f�esroleSar'ro' i raspo,�Srb�1�11ssdora p nO ocf-Wrsor With + re4WJ to project agrafrment adherence r ` arLd rep6r11r1g. r r �+ r� F�nanclaj Por�cres Procedures: r r r dperall ng Fand Salaroo and L40fdjty r r Podwy A Guedelrnes Capital Fund BaWws Policy d +�r GUADWllnes Br1 P9.Paymsrd, anciRermburssmsrW Lead Agency Po11cy aAd Gurdehnes flatN Policy anci Guidelines • Work Program or fin'-Year Vis,on PanArrlenciment Policy Master • kweasedSchedule Cosa adfx ng Se,v�css Aa1ky l7KIh15 `AVI" reow-amrid3 " ILAPartiesAapnNe -'"rm mm-ommentsf "ILA Parties and r4lt*ip0tles Approve •••ILA Parliej Apprwe SW(3 3 Adam Howe said they are still working on Financial Policies & Procedures. 4 5 Slide #16 Road to Adoption 5eptembor'22: Schedule of Governing Board %l otings was developed—goal to have AT LEAST the ILA be adopted before 2.023, and i lhgn with or preempt the new County Transit Wgiion Plan (aka 2022 Orange County Transit Plan) adoption Septernleer-Or-tober'22- Vl rsions 2 & 3 of ILA were circulated for al partners to review October°22: CruchaI cc nve rsations facilitated to achieve consensus/cornpromiseon any outstanding topics; ILA as presented was ultimately confirmed. ATKINS 6 7 8 27 1 Slide #17 Road to Adoption **Regarding the Vehicle Rental Tax as a Dedicated Local Transit Funding Source— language was developed to acknowledge GoTriangle BOT authority of funding, and any future allocation of such funding beyond PY23 would be at the sole discretion of GoTriangle BOT.This language was confirmed on 1017f 22,GoTriangle rescinded confirmation on 10/26/22. As of 10f 26122, GoTriangle has also requested: s A protections clause in the event of catastrophe resulting in bankruptcy or undue financial strain stemmingfrom debt issuance on behalf of the County t Continued review of ILA Termination clause with respect to bankruptcy/insoivency spetiai provisions As of IMIA22,no allerrralYe solulinnshays been provided by Go7rfangfe, ATKINS CanSulfant Team remains conAdeni with language as prnfmsed. 2 3 4 Slide #18 ATKINS r` µan Durham & Orange Counties Transit Plan Governance Study Orange County Ttaals Myren Alklns ProjectManaget SU f Contacts Tom Altieri AIC�O Adam Howell.AIG? 5 Nigh lth'rr:;=.;i 6 Commissioner Richards asked what it means when the language was confirmed and then 7 rescinded. 8 Adam Howe said he worked to facilitate a conversation to talk about how to address the 9 topic of GoTriangle's funding authority. He said that they are trying to develop clear language to 10 address that the funding source may not always be available because it is up to GoTriangle to 11 determine what to do with it. He said they landed on this language but since the agreement, 12 GoTriangle has said they no longer agree with it, but do not have alternative language. 13 Commissioner Richards asked if they want a clause about bankruptcy. 14 Chair Price said at the last meeting, they did not discuss that. She said they agreed that 15 GoTriangle would have a policy of not going into debt. She said the funds have always been at 16 the discretion of GoTriangle, but the vehicle rental tax was given to the county to assist with the 17 transit plan. She said that looking forward, GoTriangle could go in debt, so certain board members 18 did not want that. She said they realized that the vehicle rental tax money should go to GoTriangle, 19 and they may no longer give the money to the county. She said this particular clause did not come 20 up in the conversation. 28 1 Commissioner Richards said it implies undue financial strain but asked if there is more to 2 be defined. 3 Adam Howe said there is not a critical linkage between the top and bottom of the "Road 4 to Adoption" slide. 5 Travis Myren said a sunset has been proposed, but GoTriangle has not voted on when 6 vehicle rental tax will be taken from the county. 7 Chair Price said it is done on an annual basis and that they just had a meeting last week 8 when it came up again. She said they voted that GoTriangle should not put itself into debt. She 9 said that staff will talk with the counties to begin to prepare for the funding to be removed. She 10 said that Wake County voted against it but everyone else voted that they would begin to have 11 those conversations. 12 Commissioner Fowler said statutorily, it is GoTriangle's money. She asked if they must 13 use it in the county where it is generated or if they can use it anywhere. 14 Travis Myren said it is a good question and he would have to check. 15 Chair Price said all the money is pooled together and she often asks where Orange 16 County's specific money is going. 17 Commissioner Fowler asked if the services received are proportional to the money that's 18 put in. 19 Travis Myren and Adam Howe said they will research this. 20 Chair Price said it roughly is. She said that it was explained a few months ago. 21 Travis Myren said right now it is baked into the transit plan, so all that money goes to 22 Orange County projects. 23 Commissioner Fowler re-asked if in the future they would have to use the funds in the 24 county where it is generated. 25 Travis Myren said he will find that out. 26 Commissioner Fowler asked about the usage of the word preempt on the previous slide. 27 Adam Howe said they were talking about timing and not about policy. 28 Commissioner McKee said he had the same concern because it does not speak to the 29 timing of the plan. He said he gets worried with the word preempt. 30 Travis Myren said that preempt is the wrong word and it should be precede. 31 Commissioner McKee asked about the protection clause requested by GoTriangle. He 32 asked what undue financial strain means. 33 Travis Myren said Adam Howe felt the need to include this as information, but there is no 34 language in any agreement that ties the financial future of GoTriangle to the financial future of 35 Orange County. 36 Commissioner McKee said he does not want any possibility of a situation happening with 37 GoTriangle that falls back onto Orange County with a protection clause. 38 Commissioner Hamilton said the process is to get agreement on the ILA and, given 39 GoTriangle's request, asked if there will there be holdup to them approving this document. 40 Travis Myren said it may, but they have no idea what their request may be, so they cannot 41 react to it. He said he would recommend approving this tonight with the understanding that there 42 may need to be additional approvals later. 43 Chair Price said this language is coming from GoTriangle staff, not from the Board of 44 Trustees. 45 Commissioner Bedford said she finds it ironic that it is a county vehicle registration fee to 46 fund transportation, and the whole point of transportation is to reduce cars. 47 Commissioner Greene said it seems logical to her because it is a tax to use the car so it 48 may lead to people not using cars. 49 Commissioner Bedford said if people stop driving cars, there will be less money to fund 50 transit. 29 1 Chair Price said they will continue to expand upon this model and make sure there are 2 clear signoffs every step of the way. 3 Commissioner McKee asked where the conversation stands regarding the clause on 4 bankruptcy. 5 Adam Howe said he has received no specific comments or concerns about the language 6 presented, but it has been presented as a point. 7 Commissioner McKee asked if they approve this tonight, would they have to come back 8 and amend the agreement. 9 Adam Howe said yes. 10 Commissioner McKee said he will support this, but doesn't trust it. 11 12 A motion was made by Commissioner Hamilton, seconded by Commissioner Greene, to 13 approve and authorize the Chair to sign the Interlocal Agreement. 14 15 Commissioner Bedford thanked Commissioner Greene and the committee for realizing 16 this research needed to be done. 17 Commissioner McKee said he trusts this because one of the commissioners was involved, 18 otherwise he wouldn't support it. 19 20 VOTE: UNANIMOUS 21 22 7. Reports 23 None. 24 25 8. Consent Agenda 26 27 • Removal of Any Items from Consent Agenda 28 • Approval of Remaining Consent Agenda 29 • Discussion and Approval of the Items Removed from the Consent Agenda 30 31 Laura Jensen said she inadvertently marked Commissioner Fowler as absent from the 32 September 29t" meeting, and apologized for the error. 33 34 A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to 35 approve the consent agenda. 36 37 VOTE: UNANIMOUS 38 39 a. Minutes 40 The Board approved the draft minutes for the September 29, 2022 BOCC Meeting, as 41 amended. 42 b. Motor Vehicle Property Tax Release/Refund 43 The Board adopted a resolution to a release motor vehicle property tax value for one (1) 44 taxpayer with a total of one (1) bill that will result in a reduction of revenue. 45 c. Property Tax Releases/Refunds 46 The Board adopted a resolution to release property tax values for eight (8) taxpayers with a total 47 of eight (8) bills that will result in a reduction of revenue. 48 d. Late Applications for Property Tax Exemption/Exclusion 49 The Board approved fifteen (15) untimely applications for exemption/exclusion from ad valorem 50 taxation for fifteen (15) bills for the 2022 tax year. 51 e. Approval of White Cross Volunteer Fire Department ARPA Contract 30 1 The Board approved a contract with White Cross Volunteer Fire Department to replace 2 emergency radios for all approved fire departments and rescue squads in Orange County using 3 American Rescue Plan Act (ARPA) funding for the period of October 17, 2022 to December 31, 4 2024. 5 f. Approval of Sale of Orange County Property - PIN 9885833971, Hillsborough, NC 6 The Board approved the sale of a County-owned 0.27 acre property, GIS PIN #9885833971, 7 Hillsborough, NC. 8 g. Change in BOCC Meeting Schedule for 2023 9 The Board approved changes to the Board of Commissioners' meeting calendar for 2023. 10 h. Boards and Commissions —Appointments 11 The Board approved the Boards and Commissions appointments as reviewed and discussed 12 during the October 25, 2022 Work Session. 13 i. Opioid Advisory Committee — Composition Amendment 14 The Board approved the addition of a County Manager Designee from the Department on Aging 15 to the Opioid Advisory Committee, as discussed at the October 25, 2022 Work Session. 16 17 9. County Manager's Report 18 Bonnie Hammersley said there will be a work session on November loth. She said the 19 agenda will include the Orange County Partnership to End Homelessness 2022 Point-In-Time 20 Count Update, the Food Council Memorandum of Understanding Agreement Renewal and the 21 Food Assessment Report, discussion on the Advisory Board Policy, and review of upcoming 22 boards and commissions appointments. She said the Emergency Housing Assistance Program 23 item planned for November 10th will move to November 15th. She brought the information items 24 to their attention, and noted that the Request for Qualifications for a Consultant for School 25 Facilities Assessment and Optimization will be released tomorrow to the public for solicitation of 26 interested parties. 27 28 10. County Attorney's Report 29 John Roberts said the General Assembly continues to meet in this session, but has made 30 no decisions. He said he believes Republicans will continue to meet to keep the session alive in 31 hopes of reaching a supermajority in the midterm elections in order to override some of the 32 Governor's vetoes. 33 34 11. *Appointments 35 a. Opioid Advisory Committee —Appointments Discussion 36 The Board discussed and approved initial appointments to the non-designated positions on the 37 Opioid Advisory Committee. 38 39 BACKGROUND: The charge and composition of the Opioid Advisory Committee were 40 established at the Board's September 6, 2022 Business Meeting. The Committee is charged to 41 discuss opioid-related health concerns and issues impacting the residents of Orange County and 42 advise the Board of Commissioners on options to expend funds to remedy opioid impacts. The 43 Committee will also plan and host one annual meeting open to the public to receive input from 44 municipalities on proposed uses of the settlement funds and to encourage collaboration between 45 local governments. 46 47 The Board of County Commissioners appoints seven (7) members. 48 49 The following individuals were nominated by consensus for the referenced positions at the 50 October 25, 2022 Work Session: 31 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Jefradrian Orange County Partial Term 10/31/2023 Stafford Resident with Lived Experience Jesse Miller Orange County Partial Term 10/31/2024 Resident with Lived Experience Dr. Evan Ashkin Substance Use First Full Term 10/31/2025 Treatment Provider Dr. Chris Community Group Partial Term 10/31/2023 Ringwalt Working on Opioid- related Concerns Dr. Natalie At-Large/Flex Partial Term 10/31/2024 Blackburn (formerly Employment Provider Elisabeth At-Large/ Flex Partial Term 10/31/2023 Johnson 1 2 NOTE: The Board discussed allowing At-Large appointments to the Employment Provider 3 position due to a lack of qualified applicants for the seat. 4 5 The Board was unable to reach consensus on the following position: NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM BOCC At-Large/ Flex First Full Term 10/31/2025 Appointment 6 7 Any remaining applicant may be eligible for this position. The Board specifically discussed 8 Gayane Chambless for this position during the October 25, 2022 Work Session, but did not reach 9 consensus. 10 11 Tara May introduced the item. 12 Chair Price said that earlier in the day Tara May sent an email regarding the length of 13 partial terms. 14 Tara May said that if someone is suggested for a one or two year term, after the partial 15 term expires, they are eligible for two further full terms, so they could potentially serve 7 or 8 years 16 total. She said the Board ultimately decides the expiration dates for each appointee. 17 Tara May clarified that the consent agenda item related to the Opioid Advisory Committee 18 was related to the addition of a representative from the Department on Aging to be designated by 19 the County Manager. 20 21 A motion was made by Commissioner McKee to appoint Gayane Chambless for the 22 remaining At-Large/Flex position. Chair Price seconded the motion. 23 24 VOTE: Ayes, 2 (Chair Price and Commissioner McKee); Nays, 5 (Commissioner Fowler, 25 Commissioner Greene, Commissioner Hamilton, Commissioner Bedford, Commissioner 26 Richards) 32 1 2 MOTION FAILS 2-5 3 4 A motion was made by Commissioner Fowler, seconded by Commissioner Greene to 5 appoint Dr. Tiffany Barber for the remaining At-Large/Flex position. 6 7 VOTE: UNANIMOUS 8 9 Commissioner Richards said she asked the question about partial terms. She asked if the 10 Board would consider approving one of the residents with lived experienced for a full term rather 11 than having them both serve partial terms. 12 Chair Price said she agreed with Commissioner Richards, and would be okay with both 13 residents with lived experience in full terms. 14 Commissioner Richards asked how long the advisory committee will last. 15 Chair Price said the funding will be paid out over 18 years. She said this initial group on 16 the advisory committee sets the stage for how the money will be spent. 17 Commissioner Richards said she thought going forward, the Board would likely want 18 residents with lived experienced to be consistent on the committee, but said it may not be an 19 issue to others. 20 Commissioner Hamilton said it would make sense with staggered terms to have one 21 person with lived experience to have a partial term, and one with a full term to make sure there is 22 always someone on the committee with that viewpoint. 23 Chair Price clarified that there will always be someone on the committee with lived 24 experience. 25 Commissioner Hamilton reiterated that, for continuity, it would good for one resident with 26 lived experience to have a partial term and one to have a full term. 27 Chair Price said there will always be two people with lived experience on the committee. 28 Commissioner Hamilton said that's correct, but her point is that if one of them rolls off, 29 then someone with experience on the committee would stay on. 30 Chair Price asked if there was a desire from the Board to have a lived experience position 31 with a full term. 32 The Board agreed by consensus. 33 Commissioner Greene agreed with Commissioner Hamilton's comments. 34 Commissioner Richards recommended that Jefradrian Stafford be appointed a full term 35 and Dr. Tiffany Barber be appointed to a partial term. 36 Chair Price said that in that case, Jefradrian Stafford would be appointed to a first full term 37 ending 10/31/2025, and Dr. Tiffany Barber would be appointed to a partial term ending 38 10/31/2023. 39 Tara May clarified that once a term expires, the committee member would automatically 40 be eligible for reappointment by the Board without having to reapply. 41 42 A motion was made by Commissioner Richards, seconded by Commissioner Bedford, to 43 make the following appointments to the Opioid Advisory Committee: 44 33 1 2 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Jefradrian Orange County First Full Term 10/31/2025 Stafford Resident with Lived Experience Dr. Tiffany At-Large/ Flex Partial Term 10/31/2023 Barber 3 4 VOTE: UNANIMOUS 5 6 A motion was made by Commissioner Bedford, seconded by Commissioner Greene, to 7 approve the following remaining appointments to the Opioid Advisory Committee: 8 9 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Jesse Miller Orange County Partial Term 10/31/2024 Resident with Lived Experience Dr. Evan Ashkin Substance Use First Full Term 10/31/2025 Treatment Provider Dr. Chris Community Group Partial Term 10/31/2023 Ringwalt Working on Opioid- related Concerns Dr. Natalie At-Large/Flex Partial Term 10/31/2024 Blackburn (formerly Employment Provider Elisabeth At-Large/ Flex Partial Term 10/31/2023 Johnson 10 11 VOTE: UNANIMOUS 12 13 12. Information Items 14 • October 18, 2022 BOCC Meeting Follow-up Actions List 15 • Tax Collector's Report— Numerical Analysis 16 • Tax Collector's Report— Measure of Enforced Collections 17 • Tax Assessor's Report— Releases/Refunds under$100 18 • Memorandum - North Carolina Department of Environmental Quality (NCDEQ) Public 19 Hearing for City of Durham's "Proposed Water Supply Critical Area Reclassification of 20 Teer Quarry and a Section of the Eno River" 21 Request for Qualifications-Consultant for School Facilities Assessment and Optimization 22 23 13. Closed Session 24 None. 25 26 34 1 14. Adjournment 2 3 A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to 4 adjourn the meeting at 8:56 p.m. 5 6 VOTE: UNANIMOUS 7 8 9 Renee Price, Chair 10 11 12 Recorded by Tara May, Deputy Clerk to the Board, and Laura Jensen, Clerk to the Board 13 14 Submitted for approval by Laura Jensen, Clerk to the Board. 15 Attachment 2 1 1 DRAFT MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 WORK SESSION 5 November 10, 2022 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Work Session on Thursday, 9 November 10, 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, Sally Greene, Jean Hamilton, Earl McKee, and Anna 13 Richards 14 COUNTY COMMISSIONERS ABSENT: None 15 COUNTY ATTORNEYS PRESENT: Staff Attorney James Bryan 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. All commissioners, with the 21 exception of Commissioners Fowler and McKee, were present. 22 Chair Price said that item 1 would not be discussed at the work session and would be 23 rescheduled for a future meeting. She said at the end of the meeting, the County Manager 24 would like to do a demonstration of a new spreadsheet that commissioners can use to track 25 requests. She said that the Board also needed to discuss the formation of a retreat committee, 26 and that Commissioner Richards will give an update on the Leandro Plan. 27 28 Commissioner Fowler arrived at 7:02 p.m. 29 30 1. Orange County Partnership to End Homelessness — 2022 Data Update 31 This item was removed from the agenda and will be discussed at the November 15, 2022 32 Business Meeting. 33 34 2. Discussion Regarding the Community Food Access Assessment Report and Food 35 Council Memorandum of Understanding Agreement Renewal 36 The Board: 37 1) received information on the Community Food Access Assessment Report and Food 38 Council Memorandum of Understanding Agreement Renewal; 39 2) discussed the potential renewal of a Memorandum of Understanding (MOU) agreement 40 for the Orange County Food Council as proposed by the Food Council's Executive 41 Committee; and 42 3) provided comments, questions and direction to staff in preparation for approval of the 43 MOU at a future Board Business meeting. 44 45 BACKGROUND: 46 Community Food Access Assessment Report 47 The Food Council began a food access assessment in late 2021 and finished this process in 48 July 2022. The report's purpose is to share community expertise and recommendations to help 49 shape future decisions related to food access in Orange County, NC. 50 51 Memorandum of Understanding (MOU) Agreement Renewal 2 1 In 2019, Orange County, Chapel Hill, Hillsborough, and Carrboro began an interlocal agreement 2 process to jointly fund a full-time staff position for the Orange County Food Council. The original 3 MOU was signed by all parties in early 2019, and the Food Council Coordinator was hired in 4 July 2019. The existing MOU was meant to be reviewed after two years. The Food Council's 5 Executive Committee recommends a renewal with some updates to the agreement. Staff will 6 provide an overview of the 2019 process and a summary of the Executive Committee's current 7 recommendations for the MOU agreement renewal. 8 9 Staff has submitted a request to each jurisdiction to provide an annual presentation and a report 10 for the suggested MOU renewal. Each jurisdiction has received the redlined MOU and annual 11 report materials. The Towns of Hillsborough and Carrboro received presentations from staff in 12 August and October. The following recommendations were provided by Hillsborough and 13 Carrboro: 14 15 Hillsborough Recommendation 16 1) In Section B (c), change the final line to, "contribute to the dismantling of systemic 17 racism." 18 19 Carrboro Recommendations 20 1) Include a clause stating: 21 a. The County will serve as the administrative and fiscal agent for the Food Council 22 b. An annual report be required to be provided to all jurisdictions 23 c. The line-item budget must be submitted to the jurisdictions with the annual 24 report. 25 2) Add the word "collaboration" in the third paragraph of the MOU after "facilitate 26 communication." 27 28 The Town of Chapel Hill has not scheduled the Food Council MOU Agreement renewal for 29 discussion. 30 31 Chair Price noted that Ashley Heger, the Food Council Coordinator, will be stepping 32 down from her position. She thanked Ashley Heger for her service. 33 Ashley Heger, Food Council Coordinator, introduced the item and a poet named Maria- 34 Jose Guerrero Hernandez. 35 Maria-Jose Guerrero Hernandez read a poem she composed on the topic of food 36 insecurity. 37 38 Commissioner McKee arrived at 7:05 p.m. 39 40 Ashley Heger made the following presentation: 41 3 1 Slide#1 � de ORAi� E OUC�T� �� 0 FDDD �tJNI L 2 3 4 Slide #2 Community Food Access Assessment SEPTEMBER 2022 5 6 7 Slide #3 1 he Depart summarizesthe methods and findings of a primarily community-led effort that began in late2021 and finished in JUly2022. was to focus an the expertise and experWrices of those most Frnpacted bV food Insecurity.. .-then to share that community expertise to help L !shape future dec6ions related to food access in Orange County,NC The purpose of this assessment 9 4 1 Slide #4 Highlights ■ Food Irasecurlly Is caused by many factors and can be seen as a symptom of other syslem failures like a lack of affordable housing or liveable wages). • Community Experts value most exisling services but There is.a need to move beyond chanty and Irevest In long•lerm saulions to end#runner_ -qow direct services need major improvements • T#lose experiencing food insecurity need to be a part of the solution. Their erpertlse and particlpatlon i�s essenlial. 'Please no4a the"Obunhl' is defrred ®s al iumdichar* and carnmuni4es *11m Crum@ County+ urk65s oMer*56 speci!�M wMirb 1ho T@por1 2 3 Ashley Heger said they did not look at food insecurity by jurisdiction or community, but in 4 a holistic way, county-wide. 5 6 Slide #5 Process 1. Asked community leader$ if they would participate in a food access assessmnL Response:-uhy do you need to keep assessing us vs.listening to us? 2. Community asked us to look at how the county addresses hunger and provide mare transparency about food access invesimenls_We collected 5 years of bw1g.et dale to assess haw furm!E.were invested. 3. Recruited Community Ex pails from the eommuniNas most impacW by food Inse-curity. 4. 2 month photpvoioe processurith a small gaup. 5. 4 ses sion s of data analysis and rencFmmendatiorl davelopment with largergroup. 6. Commurilly Experts h-elped overseethe final reportwrlting_ 7 8 Ashley Heger said the Food Council wanted to engage in an assessment process that 9 would provide decision-makers with data and information but would shift power to those most 10 impacted. She said one of the first ideas they received was to look at budget data and policy 11 information for what the county is doing to combat food insecurity. She said it was difficult to 12 find policy information, so they focused on budget data. 13 14 5 1 Slide #6 Recommendations: Example 1 e need a more effective,dignified. and direct way of providing food assistance. Community Experts recommend a service slmllar to Inslecart8hould be made available as a public program- People should be able to choose their foods and schedule when to pick up or receive them This would help increaseafifiessand dignity for nose receiving food prNram support, especlaly For people who are homebound or need dellvety services due to transparlation issues.Thhaservlceshould accept EBTJSNAP end ether FN$funds a paftipate miay h-ave availalale. 2 3 Ashley Heger said that the county should be more creative with food delivery options 4 and focus on reducing barriers. 5 6 Slide #7 depend"I've got spocift peoplers fcces in my mind when F'm speaking—seeing their struggles, having to help theFn myseff when I coulO just, got to the grocery st-ore—the helplessness on someone's face having to .. peoplethese you know what I'm saying?And they . . without sometiFnes just cause they . . nobody. - are paying their taxes and theyVe been woMng all their life. They just need a little help. They .. handout. help.tt 8 9 6 1 Slide #8 ROCOMmendatIOM. Example There needs to be a focus on longer term charges not just immediate-needs based services, We need deeper investments in ending hunger that address underlying issues Ike wages and cost of living. Housing is an important part of these ionger term solutions.Community Experts recommend that any time a new development is being proposed or built,a certain num bar of new apartrrments or homes must be set aside for sub5idizedfaffordable housing.Experts see gentrirication tearing apart communiiles and nelghborhoods being broken up because of tars and cost of living. Community Experts also want to see a publiclyaccesslble list of existing policies that combat the harms or gentrification, 2 3 4 Slide #9 "What i've noticed is living here forever, back in the day, you i go to your i i and ask them for i out the gentrification - ! tearing down neighborhood&..tearing neighborhoods apart. Like there's probably familiesf i i i i when them was ! like 20 or and you can'tgo ! • borrow syour • i i i • because your neighborsdon ! withyou anymore. 5 6 Ashley Heger said the last time she presented to the Board, she highlighted five issues 7 that are related to food insecurity. She listed four of them to the Board: housing, direct food 8 programs, economic development, and transportation. She said the purpose was to get closer 9 to the solutions by getting closer to the problem. She asked that the Board focus their time and 10 attention on the recommendations that came from the community. 11 Commissioner Fowler asked if Ashley Heger followed up on the recommendations or if 12 this report is the follow-up to those recommendations. She said Food For Summer is run 13 through the school system and that is not part of the MOU. 14 Ashley Heger said they were in the process of organizing with community experts that 15 are already advocates for their communities. She said they are working with those experts on 16 how they want to build bridges and that school foods can be difficult to navigate due to issues 17 like USDA policies and other federal programs. She said that the decision makers will direct the 18 action. She said earlier in 2022, the Food Council requested ARPA funding to create a food 19 justice fund. She said they were not awarded the funds, so instead, the Food Council used 7 1 existing funds available to them to begin addressing some of the identified needs. She said 2 these recommendations came from community experts. 3 Commissioner Greene said that the agency the community experts identified was 4 Transplanting Community Transitions. 5 Ashley Heger explained Transplanting Community Traditions and said that they have a 6 program that allows them to receive funds from the Food Council that goes directly to the 7 farmers. She said the farmers grow food that they donate to PORCH and the Refugee Center. 8 She said the distribution will happen primarily to those two groups. 9 Commissioner Greene said the entire executive team was 100% on board with this. 10 Commissioner Bedford said she was surprised by the $9 million funding needs but 11 understands the need of hunger. She asked how many community experts participated in 12 photovoice and if they were the same people or different than the budget review. 13 Ashley Heger said the community experts were different groups. She said that 14 photovoice experts were recruited from the most impacted communities. She said she wanted 15 to make sure that the experts represented the whole spectrum of those who experience food 16 insecurity. She said that they also want to make sure they are paying each expert a living wage 17 to participate just as they would a consultant. She said it is a small group but a very meaningful 18 sample. 19 Commissioner McKee asked which organizations and groups were represented in the 20 county. 21 Ashley Heger asked if he meant demographic representation. 22 Commissioner McKee said he meant organizational representation. 23 Ashley Heger said they did not recruit for organizational experience but for lived 24 experience. She said that some of the people are connected to various community groups, but 25 they were recruited for their lived experience. She said they focused on Black, Latinx, 26 immigrant/refugee, and intergenerational food need experiences. 27 Commissioner Fowler said that she previously volunteered for the Food For Summer 28 program and that it felt strange to tell 4-year-olds they had to eat their food in front of her but 29 that their parents could not eat and that they were also required to take a milk even if they were 30 not going to drink it. She said there are quite a few unusual rules. She said that EBT can be 31 used Instacart and asked for further information on what was mean by using EBT like Instacart. 32 Ashley Heger said that in discussions with community experts, they said that curbside 33 pickup for charitable food distributions would improve their experience. She said that $9 million 34 is an eye-popping number, but it is a reality. She said that people see money going to pay 35 people like her or for a refrigerated truck, when they could use those funds in their bank 36 accounts. 37 Chair Price asked what communities the 16 people represent, or if they are on a map. 38 Ashley Heger said they did not collect that data, but anecdotally, she could say that 39 people were located from north of Hillsborough to southern Orange County. 40 Chair Price said they did not have much representation from the rural areas. 41 Ashley Heger said they did not. She said if they were to do further research, they would 42 want more people from the Cedar Grove area. She said they also would want to do more 43 research with native and indigenous residents. 44 Commissioner Hamilton said that she read through the assessment and really liked the 45 qualitative direction in it, however she struggled with not being able to see the bigger context. 46 She said that for example, knowing the community experts, how they map with the rest of the 47 county, and what groups they might represent would be helpful because it would help paint a 48 picture of food insecurities in the community. 49 Ashley Heger said they felt that they did not have time to reengage the community 50 members to get that data. She said that they are trying to get the photovoice data and then pin 8 1 that feedback to larger trends in the community. She said she would share that comment with 2 the team. 3 Commissioner Hamilton said the report is heavily qualitative and could use some 4 quantitative data. She said that it would be helpful to have a description of what the services 5 are, who the players are, and to fit in some of the qualitative data more effectively. She said that 6 it comes off as anecdotal, and not resting so much on that would have strengthened the report. 7 Ashley Heger said that the visual report that will be available will show some of that 8 information. She said that the community experts were asked what they thought would be most 9 impactful to share in the report. She said it would have been helpful for the commissioners to 10 see what setting this information is in. 11 Commissioner Richards said she understands the need, desire, and value of the 12 community experts. She said she expects that staff would take that and bridge that to what the 13 elected boards or decision makers want to see to better inform the decision process. She said 14 the balance between the two would enhance the work and is critical going forward. 15 Ashley Heger said she hopes that before she maps out next steps that they will move in 16 that direction. She said that she would like to set the Food Council up for success with follow- 17 through. 18 Commissioner McKee asked for clarification if the inability to reach out to rural residents 19 was due to time. 20 Ashley Heger said that it was not only time. She said that due to time and funding and 21 looking at where the biggest food insecurity numbers are in the county, they worked with 22 community leaders to identify community experts that would support the work. She said that 23 naturally led them to working with experts that live in the more populated areas. She said there 24 was rural representation in the process, but they can do more. She said the process was proof 25 of concept, by shifting power to those most impacted. She said that her hope is that the Food 26 Council can have convenings that can have more of a process that would help the decision 27 makers in the county. She said that they have done what they can, given time, relationships, 28 and funding, but the Food Council can do more, especially in the future. 29 Commissioner McKee said he has been dealing with this for six years now. He said he 30 does not see how time can be a factor. He said that there is not an area specific to Orange 31 County that is more impacted by food insecurity and that it is north to south, and east to west. 32 He read the paragraph from the MOU from 2015 and said they are not closer to then where they 33 were in 2015. He said that the system is not working. He said that the engagement needs to be 34 with providers and there is a disconnect. 35 Ashley Heger said that providers are a necessary part of finding a solution and should 36 be part of the process in the spring. She said that would work with people in various county 37 departments and the charitable programs. She said that there is a systemic problem and that 38 she has sadness leaving because this feels incomplete. She said it is long-term work and will 39 require difference collaborative pieces across the system and more staff primed to convene 40 around the entire food system. She said that is too large for any one staff person to handle 41 alone. She said the work is taking place and there are a lot of amazing people doing the work 42 but it will be difficult to see the same type of results because of the staff. She said it takes time 43 to build trust and relationships. 44 Commissioner McKee said his concern is moving past the discussion to getting food to 45 the people who need it. 46 Chair Price said the report is a good description of hunger in the United States. She 47 said if it was for a university class it would have been good. She said that many of the points 48 they have known for years. She said she worked with a hunger organization twenty years ago 49 and because they have not made systemic change, they are dealing with the same issues. She 50 said that transportation is an issue and that having income would be a part of the solution. She 51 said that she is glad the community voices are included but knowing where they are would have 9 1 been helpful. She said that for example, Rogers Road didn't have a bus for years and they 2 knew this was an issue. She said that she is looking for solutions like that. She said that she is 3 concerned about the rural areas. She said that she is perplexed that the priority would be on the 4 more densely populated areas and there is a lot of hunger in the rural areas of the county. She 5 said that people have trouble accessing food and that it is important to note that hungry people 6 are across the county and even into the schools. 7 Ashley Heger said she did not mean to suggest that rural areas are better off. She said 8 she thought more could be done in the rural areas. She said that engaging rural communities is 9 an important part of it. 10 Chair Price said she would like to see steps that are specific to Orange County. She 11 said from a teaching perspective the report is helpful but that they need suggestions for specific 12 actions. 13 Ashley Heger said that the intended plan for the spring is to have farmers be part of the 14 conversation. She said that farmers want to think of creative ways to help provide food and they 15 are working with farmers to support their ideas. She said this is not the end and the Food 16 Council will have convenings with farmers and food providers. 17 Chair Price said she thought they were working with them initially. 18 Ashley Heger said that they have relied on relationships that came out of the black 19 farmer think tank. She said that half of the farmers are in the Cedar Grove area. 20 Chair Price asked if they were working with them initially. 21 Ashley Heger said they are trying to come up with creative solutions based on what 22 came out of Anatov and being a part of it initially. She said the community assessment did not 23 involve any farmers. She said none of the community experts would call themselves farmers. 24 Commissioner Greene said the report is the voice of community experts in the subject of 25 community access. She said this represents communities and it did not occur to her at all that 26 experts only lived in Chapel Hill. She said she appreciated the humility it engendered in herself 27 when she read the report. She said it was important to hear the voices. She said that she 28 learned the importance of terminology when discussing food insecurity, such as the difference 29 between food deserts and food apartheid. She said that words do matter and the food insecurity 30 is not a naturally created phenomenon and it is important to note that. She said she appreciates 31 the work that Ashley Heger has done. 32 Chair Price said she hoped in the next phase there are more actionable items and it is 33 more inclusive. She said she understood that getting it out to more people, there will be greater 34 representation. She said that there is value in the report. 35 Commissioner Greene said that on the Instacart idea, there is an app that is being used 36 to manage food stamps and she took that idea to a local Orange County entrepreneur and it is 37 not an outrageous idea to think of an app that could be created as a county service. 38 Ashley Heger said that they do feel the recommendations are actionable and relevant to 39 Orange County. She said there are multiple generations and levels of expertise. She said we 40 now have expert feedback from the community. She said that this work is never done, we can 41 always do better. She asked them to support the Food Council and set them up to do more 42 work. 43 Commissioner Bedford asked about the authority of the county to negotiate with 44 developers. 45 Commissioner Greene said there are policies in Chapel Hill and Carrboro. She said 46 when there is a zoning request, the Town of Chapel Hill says that affordable housing has to be 47 part of the development. 48 Ashley Heger said there needs to be a conversation between those two spaces and the 49 Food Council's role. She said that they need to figure out how to navigate through the legalities 50 and that sets up actionable conversations. 10 1 Commissioner Greene said that North Carolina is not a Dillon's Rule State but courts 2 have had a hard time accepting that and there is a supreme court ruling in Cabarrus County that 3 says they are. 4 Commissioner McKee said the courts are the arbitrator of what is constitutional and valid 5 by law. He asked how they would not be if the courts have deemed that they are. 6 Commissioner Greene said the School of Government have two papers that say in the 7 1970s the state gave the local governments broad authority. 8 Commissioner McKee said the courts are the ultimate arbitrator. 9 Chair Price asked if they worked with Corey Root in Affordable Housing 10 Ashley Heger said that Corey Root with Affordable Housing would like to be part of the 11 conversation. 12 Chair Price said that when you look at the affordable housing work, rather than waiting 13 for a developer to build 15% affordable housing, that is it important to think about how people 14 will access the food and have a resource to access the food. She said it is good to have access 15 to commercial areas nearby so it is important that housing and food work together. 16 Ashley Heger said that she has been having that conversation with Corey Root. 17 18 Slide #10 Fond Council Memorandum of Understanding Original MOU was signed in 2019 At the recommendation of elected liaisons,the Food Council worked with each jurisdiction to create an MOU that was modeled after the Partnership to End Homelessness. The MOU orealed a full-time staff position that has oversight from the Executive Committee{4 elected liaisons,1 from each jurisdiction}_ The Food Council's work is building bridges between community wisdom and decision makers.Systems change starts with relationships and trust building. 19 20 21 Slide #11 Recommendations for Renewal Executive Committee Recommendations for an updated MOU * Remain to effect for 5 years a Update funding percentages with 202D census data * Remove the numoer of council seats from the MOU a Include reference to racial equity work 22 23 Slide #12 11 Hillsborough Recommendation 1. In uection B (C) of the relined dwumant, change the final line to, %�ontrjbute to the dismanting of systemic racism-" Carrboro Recommendations 1. Include a clause stating- a. The County will serve as the administrative and fiscal agent for the Food Council b- An annual report be required to be provided to all jurisdictions c The line item budget must be submitted to the jurisdictions with the annual report. 2. Add the word 'collaboration' in the third paragraph of the MOIJ after "facilitate communication" 1 2 3 Slide #13 Thank you Staff Ccntact- Ashl4�y Heber ahener4' crangecountync.goy 4 5 Commissioner McKee asked what the thinking was for eliminating four seats on the 6 Food Council. 7 Ashley said they started with 11, then went up to 16, but that the Food Council noticed 8 lower engagement since the increase. She said an 11-member council was a more 9 manageable size. 10 Commissioner Richards asked if it is saying take the elected members out. 11 Commissioner Greene said no. 12 Commissioner Richards asked if the recommendations of the executive committee were 13 voted upon. 14 Ashley Heger said that the way the council operates is through a consensus-based 15 model, but the elected officials retain majority power, and these recommendations were voted 16 upon unanimously. 17 Chair Price said they would not vote on it at the work session. 18 Commissioner Bedford thanked Ashley Heger for providing the minutes of the Food 19 Council. She asked why they moved to every other month meetings. 20 Ashley Heger said that was considered before COVID. She said by engaging so much, 21 the volunteers' capacity was stretched. She said that it was an opportune time to go to bi- 22 monthly meetings. She said that it is volunteer work. She said that the volunteer co-chairs 12 1 were putting in a lot of time. She said it was common with other food councils in North Carolina. 2 She said it was implemented sometime in 2020. 3 Commissioner Bedford said Wake County is a non-profit. She said that was an early 4 discussion about how this group should be organized. She said that on an 11-member council, 5 with 4 elected officials, it only leaves 7 people to give input and now it is only every other month. 6 She asked if there is a better way to format this work. 7 Ashley Heger said the food council model came from a white cultural space. She said 8 there are pros and cons for any structure. She said that being connected to the county and 9 having the structural support is a huge benefit. She said Orange County is seen as an outlier in 10 the state and even nationally because of the support they have to invest in the work. She said 11 that when you look at the most functional food councils are housed in departments with multiple 12 staff. She said those staff members are usually shared so there is cross pollination of 13 knowledge. She said that being part of this institution has allowed that to be true. She said that 14 on the nonprofit side there is a struggle between chasing grants and doing the work. She said 15 that they have not put a structure or a container to it but that the conversation is much broader 16 than 7 people. She said that the challenges that come from institutions to do systemic change is 17 that those who have been burned do not want to trust or be a part of the systems that have 18 previously harmed them. She said that it is hard for people to engage. She said that they need 19 to come up with creative ways to engage everyone. She said that for research and best 20 practices, she looks to the Baltimore, MD and Austin, TX models are good ones to mirror. 21 Commissioner Fowler asked if there are people with lived experience on the Food 22 Council. 23 Ashley Heger said yes. She said that the Food Council used to be a majority with lived 24 experience and majority non-white, but that is no longer the case. She said additional supports 25 are needed. 26 Commissioner Fowler asked how those seven positions are filled. 27 Ashley Heger said those seven positions are at large members and are meant to 28 represent the full food system. 29 Chair Price asked if there are specific spots for those with lived experience. 30 Ashley Heger said they have one and that is the food access practitioner. She said that 31 Chapel Hill required that they hold a space for a food access provider. She said they tweaked 32 the language and changed it to a practitioner. 33 Commissioner Hamilton said this was helpful to understand the challenge faced by the 34 Food Council over the last few years. She said that she is learning towards not supporting the 35 MOU and considering what structure would work for them. She said issues are so integrated, 36 they need to find another way of tackling it. She said that she realized that the structure does 37 not feel transparent. 38 Commissioner Bedford said the MMC (Managers, Mayors, and Chairs) group is meeting 39 next Friday, and the various MOUs are on the agenda. She said it might be good to let that 40 meeting happen and then bring this back. 41 Bonnie Hammersley said she would suggest that it comes back after Chapel Hill has the 42 presentation on December 7. 43 Commissioner Bedford said this could be a topic at an Assembly Governments Meeting. 44 Commissioner McKee said he thinks it will be unmanageable. 45 Chair Price said she agreed with Commissioner McKee. 46 Chair Price thanked Ashley Heger for her work with the Food Council. 47 Ashley Heger thanked the Board for their support. 48 49 50 3. Periodic Review of the Orange County Board of County Commissioners Advisory 51 Board Policy 13 1 The Board conducted a review of the Orange County Board of County Commissioners Advisory 2 Board Policy (Advisory Board Policy). 3 4 BACKGROUND: The Advisory Board Policy was adopted February 21, 2012, and included a 5 provision that the Board of Commissioners would conduct a periodic review of the policy every 6 five (5) years. While various portions of the Advisory Board Policy have been amended since 7 that time based on staff recommendations, a full review and discussion of the policy has not 8 been conducted by the Board. 9 10 The current version of the Advisory Board Policy is included as Attachment A. 11 12 Attachment B includes suggested amendments by Clerk's Office staff. Noteworthy suggestions 13 include: 14 • Changing the periodic review period from every five (5) to every two (2) years. 15 • Updating the list of boards and commissions to which the policy applies. 16 • Clarifying the role of recommendations received from advisory boards. 17 • Removing the ability of an advisory board member to continue serving one year past 18 their term expiration date. 19 • Requiring a majority vote by the Board to remove an advisory board member. 20 • Removing reference to unexcused absences related to attendance requirements of 21 advisory board members. 22 • Allowing remote meetings of advisory boards subject to this policy at all times, not only 23 during a declared State of Emergency. 24 25 Attachment C includes information on all of the boards to which the Board of Commissioners 26 makes appointments, including the type of board, board descriptions, composition 27 requirements, any special appointment or recommendation requirements, term lengths and 28 limits, and the relevant policies. 29 30 Deputy Clerk to the Board Tara May introduced the item and reviewed information in the 31 abstract. 32 Commissioner Bedford noted that she had found a few typos in the policy. 33 Tara May reviewed one of the typos for the Board: 34 Page 21, section 4(b), the end of the sentence should read "advisory boards" instead of 35 "Orange County Board of Commissioners." 36 Commissioner Richards said she appreciated the suggested amendments but that she is 37 trying to figure out the role of recommendations from the advisory boards. She said she has 38 spoken with advisory board members that believe they have the final say. She said she thinks it 39 is important for them to be very clear on this. 40 Chair Price said the Board should decide what their preference is. She said it has 41 changed over the years. 42 Commissioner Richards said it is not just people or members, but any recommendation 43 that comes out of an advisory board. She said there should be clarity. 44 Chair Price said their role is to advise. 45 Commissioner Hamilton said it is a recommendation, but that the Board has the 46 accountability for it. 47 Commissioner Bedford said that is helpful. 48 Commissioner Hamilton said they do want recommendations, but it should be clear that 49 it is a recommendation. 14 1 Commissioner Bedford said when they had the Human Rights Commission, it feels like a 2 clique can form if the same people are picking the same people. 3 Commissioner Hamilton agreed and said that she is saying the same thing. 4 Chair Price said that one reason they increased the discussion of appointees was to 5 increase the diversity of the boards. 6 Commissioner Bedford said on page 84 it says that the Orange County Board of 7 Commissioners may elect to interview applicants for certain advisory boards. She said that 8 OWASA is not an advisory board, but they do appoint two representatives to the Board. She 9 asked if they are allowed to be interviewed. 10 Tara May said that OWASA is not a board that the policy would apply to. She said she is 11 unsure if OWASA's policy would allow for that. 12 James Bryan said that for boards that aren't created by the county, they would be under 13 the jurisdiction of the rules for that entity. 14 Commissioner Bedford said that for the OWASA board she feels that they should have a 15 more in-depth background process with them. 16 Chair Price asked why. 17 Commissioner Bedford said they have very good people now. She said that one was on 18 the Commission for the Environment that did not work out even though she spoke to them to 19 figure out what they were qualified for. She said she must not have been asking the right 20 questions. She said that it's a really important board and that the application could be changed, 21 and the commissioners could consider interviewing them. 22 Commissioner Greene said prior to the current form, OWASA had a specific form. She 23 said that Chapel Hill sets up a subcommittee to interview their OWASA applicants. 24 Chair Price said that with the Planning Board, commissioners might call up the 25 applicants and speak with them. 26 Commissioner Bedford asked if Tara May could check with other communities on what 27 their application and process is for OWASA Board Members. 28 Chair Price said that OWASA is not included in this policy but that she could still request 29 information about the other jurisdictional processes. 30 Chair Price asked if some boards still have 2-3-year terms. 31 Tara May said that was existing but moved to under the "Term" section. She said the 32 Adult Care Home Advisory Committee is separate, and has different terms and is different from 33 advisory boards. 34 Commissioner Fowler asked about the partial term appointment language. 35 Tara May said that is existing language and had not been amended. 36 Commissioner Greene asked for clarification because she thought they had appointed 37 people to partial terms and indicated that they would still be available for two full term 38 appointments. 39 Tara May said that if she is referring to the Opioid Committee, the actual date of the term 40 of their appointment falls within the existing language and is less than 12 months for the initial 41 partial term appointment. 42 Chair Price asked when this would be voted upon. 43 Tara May said a meeting in December 44 Chair Price asked if it could come back on a consent agenda. 45 Commissioner Bedford said she supported the suggested changes and would support it 46 next week. 47 Commissioner Greene agreed with Commissioner Bedford. 48 49 4. Affordable Housing Advisory Board —Appointments Discussion 50 The Board discussed appointments to the Affordable Housing Advisory Board. 51 15 1 BACKGROUND: The Affordable Housing Advisory Board prioritizes affordable housing needs 2 and assesses project proposals. The board also publicizes the County's housing objectives, 3 monitors the progress of local housing programs, explores new funding opportunities, and 4 works to increase the community's awareness of, understanding of, commitment to, and 5 involvement in producing attractive affordable housing. This board has opted not to make 6 recommendations. 7 8 The Board of County Commissioners appoints all fifteen (15) At-Large members. 9 10 The following positions and individuals are presented for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Ehmu Ra Ho At-Large First Full Term 06/30/2025 (re-appointment) Holly Meschko At-Large First Full Term 06/30/2025 (re-appointment) BOCC At-Large First Full Term 09/30/2025 Appointment BOCC At-Large Partial Term 09/30/2023 Appointment BOCC At-Large First Full Term 09/30/2025 Appointment BOCC At-Large Partial Term 06/30/2023 Appointment BOCC At-Large Partial Term 06/30/2024 Appointment BOCC At-Large First Full Term 06/30/2025 Appointment BOCC At-Large Partial Term 06/30/2024 Appointment 11 12 If the individuals listed above are appointed, no vacancies remain. 13 14 Tara May introduced the item. 15 The Board agreed by consensus to re-appoint Ehmu Ra Ho and Holly Meschko. 16 The Board discussed possible appointees for the remaining seven positions. 17 Commissioner Bedford suggested Mariela Hernandez. 18 Commissioner Greene suggested Olivia Fisher. 19 Commissioner Richards asked if Keith Cook is fully participating on the board. 20 Chair Price said he does attend events occasionally and has not resigned. 21 Commissioner Bedford suggested Kela Kexel. 22 The Board agreed by consensus on Mariela Hernandez, Olivia Fisher, and Kela Kexel. 23 Commissioner Greene said she was not sure she could find seven applicants to fill all of 24 the seats and asked if the Board might not choose seven during the work session. 25 Commissioner Bedford said there was not much diversity in the applicant pool. 26 The consensus from the Board was that there were not any more applicants that they 27 wanted to appoint from this group. 28 Commissioner Bedford suggested that staff re-advertise the remaining four positions. 29 16 1 5. Agricultural Preservation Board —Appointments Discussion 2 The Board discussed appointments to the Agricultural Preservation Board. 3 4 BACKGROUND: The Agricultural Preservation Board is charged to promote the economic and 5 cultural importance of agriculture in the county, and to encourage voluntary preservation and 6 protection of farmland for future production. 7 8 The Board of County Commissioners appoints all 15 members, including eight (8) At-Large 9 members, and one (1) member from each of the seven (7) Agricultural Districts in the County. 10 11 The following individuals are presented for Board consideration: NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Kim Woods Caldwell Voluntary Partial Term 06/30/2023 (proposed Agricultural District moved from At- Large position Nancy Petry At-Large First Full Term 06/30/2025 Michael Wagger At-Large First Full Term 06/30/2025 James Fickle At-Large Partial Term 06/30/2024 Dr. Jane Saiers New One-year extension 6/30/2023 Hope/Hillsborough Voluntary Agricultural District 12 13 If the individuals listed above area pointed, the following vacancies remain: POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE Cedar Grove 06/30/2023 Vacant since 11/20/2020 Voluntary Agricultural District 14 15 Tara May introduced the item. 16 Chair Price asked how long Kim Woods had served on the Agricultural Preservation 17 Board. 18 Tara May said that Kim Woods had served one full term in her current position, and that 19 the recommendation was to put her in a position with a partial term. She said that Kim Woods 20 would still be eligible to serve a full term after the partial term ends. 21 Commissioner McKee supported the recommendation that Kim Woods be appointed to 22 the Caldwell Voluntary Agricultural District position. 23 The Board agreed by consensus on the recommendation to move Kim Woods to a 24 partial term for the Caldwell Voluntary Agricultural District position. 25 The Board agreed by consensus on the recommended applicants to fill the three At- 26 Large positions. 27 Tara May said that the Agricultural Preservation Board would like to give a one-year 28 extension to Dr. Jane Saiers for the New Hope/Hillsborough Voluntary Agricultural District 29 position. 30 The Board agreed by consensus on the recommendation that Dr. Jane Saiers 31 appointment be extended by one year. 17 1 Tara May said that a recent applicant will be considered at a future meeting for the 2 Cedar Grove Voluntary Agricultural District position. 3 Chair Price asked for clarification of when the Board would consider voting for the Cedar 4 Grove position. She indicated it might not happen until after the new year. 5 Commissioner Bedford asked that the Board consider making an exception and 6 appointing the applicant for the Cedar Grove position at the next Board meeting. 7 Commissioner McKee asked Tara May to send the Board the application for the Cedar 8 Grove position. 9 10 6. Carrboro Board of Adjustment—Appointment Discussion 11 The Board discussed an appointment to the Carrboro Board of Adjustment. 12 13 BACKGROUND: The Carrboro Board of Adjustment shall hear and decide appeals from any 14 order, decision, requirement, or interpretation made by the administrator, applications for 15 special use permits, applications for variances, applications for special exception permits, 16 questions involving interpretation of the zoning map, including disputed district boundary lines 17 and lot lines, applications for major subdivisions containing between five and twelve lots, and 18 any other matters the board is required to act upon by any other town ordinance. 19 The Board of County Commissioners appoints two (2) members residing in the Extraterritorial 20 Jurisdiction (ETJ) or the Joint Planning Transition Area. In the absence of applicants from these 21 areas, the Board of County Commissioners may appoint applicants residing within the Town 22 Limits of Carrboro. 23 24 The following individual is presented for Board consideration: NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Erle Smith BOCC Appointee First Full Term 02/28/2025 (re-appointment) 25 26 If the individual listed above is appointed, no vacancies remain. 27 28 Tara May introduced the item. 29 The Board agreed by consensus on the recommended applicant. 30 31 7. Commission for the Environment—Appointments Discussion 32 The Board discussed appointments to the Commission for the Environment. 33 34 BACKGROUND: The Commission for the Environment advises the Board of Commissioners 35 on matters affecting the environment with particular emphasis on protection. It educates public 36 and local officials on environmental issues and performs special studies and projects. It also 37 recommends environmental initiatives and study changes in environmental science and local 38 and federal regulations. 39 40 The Board of County Commissioners appoints all 15 members, including 10 At-Large members 41 and 5 members with expertise in specific fields. 42 43 The following individuals are recommended for Board consideration: NAME POSITION I TYPE OF EXPIRATION 18 DESCRIPTION APPOINTMENT DATE TERM Geneva Gray Air Quality First Full Term 12/31/2025 re-appointment Mark Randall At-Large First Full Term 12/31/2025 re-appointment Taylor (Read) At-Large First Full Term 12/31/2025 Oakley re-appointment 1 2 If the individuals listed above are appointed, no vacancies remain. 3 4 Tara May introduced the item. 5 The Board agreed by consensus on the recommended applicants. 6 Commissioner Fowler asked if Bill Ward had served a three-year term or if he decided to 7 resign. 8 Tara May said that Bill Ward was completing his second term and was not eligible for 9 reappointment. She said his term expires at the end of December. 10 Commissioner Fowler asked if it was a three-year term. 11 Tara May said that Bill Ward was first appointed in November 2017, and was 12 reappointed in March 2020. She said it was likely that his first term expired in December 2019, 13 but that his reappointment was not brought to the Board until a few months later. 14 15 8. Orange County Parks and Recreation Council —Appointment Discussion 16 The Board discussed an appointment to the Orange County Parks and Recreation Council. 17 18 BACKGROUND: The Orange County Parks and Recreation Council consults with and advises 19 the Department of Environment, Agriculture, Parks and Recreation, and the Board of County 20 Commissioners on matters affecting parks planning, development and operation; recreation 21 facilities, policies and programs; and public trails and open space. 22 23 The Board of County Commissioners appoints all 12 members with representatives from each 24 of the county's townships plus its municipalities. 25 26 The following individual is recommended for Board consideration: NAME POSITION DESCRIPTION TYPE OF EXPIRATION APPOINTMENT DATE TERM Sophia Fratta Youth Member First Full Term 12/31/2025 (non-voting) 27 28 If the individual listed above is appointed, no vacancies remain. 29 30 Tara May introduced the item. She said the Parks and Recreation Council is interested 31 in seeking a second youth position in the future. 32 Commissioner Richards said it was great that the position had three applicants. 33 The Board agreed by consensus on the recommended applicant. 34 Chair Price asked if approval of another position for youth would have to come back 35 before the Board. 36 Tara May said that previously the Board of County Commissioners amended the 37 composition of the Parks and Recreation Council. 19 1 Chair Price asked if Travis Myren would work with Parks and Recreation to bring that 2 item back for Board consideration. 3 Prior to adjournment, Bonnie Hammersley demonstrated an electronic spreadsheet to 4 the Board that keeps track of all BOCC follow-up requests and petitions. She showed the Board 5 how they can search and filter requests based on dates or the names of commissioners that 6 made the petition. She said they are considering putting the spreadsheet on the county website 7 so the public can also review the status of requests and petitions. 8 Chair Price asked if any commissioners would like to be part of a retreat planning 9 committee. She said the retreat committee would have to determine a date for the retreat. She 10 asked if Commissioner McKee, Commissioner Richards, and Commissioner Greene would like 11 to be on the committee. 12 Commissioner Richards said she would be on the committee. 13 Commissioner Bedford said that staff already had some agenda topic ideas. 14 Commissioner Richards asked how the agenda was decided. 15 Chair Price said that was something the committee would decide. 16 Commissioner McKee and Commissioner Greene also agreed to join the committee. 17 Commissioner Richards said that on the previous Friday a court said that the General 18 Assembly could no longer refuse to fund the Leandro Plan. She encouraged the Board to read 19 the court's opinion. She said that there was a website where you could find your area's school 20 district and how the Leandro Plan would implement the district. She gave all Commissioners 21 copies of the estimated financial impact on Orange County Schools and Chapel Hill Carrboro 22 City Schools. She said it was important to have the information as budget discussions for the 23 next year begin. She asked if a new court could undo this judgment. 24 Commissioner Greene said there would have to be another case for the state supreme 25 court to undo the judgment. 26 Commissioner Richards said it was great news and hopefully something that will stand. 27 28 A motion was made by Commissioner Fowler and seconded by Commissioner Richards 29 to adjourn the meeting at 9:27 p.m. 30 31 VOTE: UNANIMOUS 32 33 34 Renee Price, Chair 35 36 37 Laura Jensen 38 Clerk to the Board 39 40 Submitted for approval by Laura Jensen, Clerk to the Board.