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HomeMy WebLinkAboutMinutes 11-01-2022 Business Meeting 1 APPROVED 12/13/22 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS BUSINESS MEETING November 1, 2022 7:00 p.m. The Orange County Board of Commissioners met for a Business Meeting on Tuesday, November 1, 2022 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford, and Commissioners Amy Fowler, Sally Greene, Jean Hamilton, Earl McKee, and Anna Richards COUNTY COMMISSIONERS ABSENT: None. COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified appropriately below) Chair Price called the meeting to order at 7:00 p.m. All commissioners were present. 1. Additions or Changes to the Agenda Chair Price proposed removing item 6-a from the agenda for consideration at the November 101" work session, and adding a Native American Heritage Month proclamation to the agenda as item 4-b. A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to remove item 6-a from the agenda and add item 4-b. VOTE: UNANIMOUS Chair Price dispensed with reading the public charge. 2. Public Comments (Limited to One Hour) a. Matters not on the Printed Agenda There was no one signed up to speak on matters not on the printed agenda. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner Fowler said she attended the Behavioral Health Task Force meeting last Thursday, where the Orange County Partnership to End Homelessness presented about the connection between homelessness and mental health. She said the Task Force also heard from Alliance on their Network Adequacy Assessment. She said she also wholeheartedly supports Commissioner Richards' request from the last meeting to examine the possibility of providing universal pre-K. Commissioner Greene said, on behalf of the Broadband Task Force, there is an updated Frequently Asked Questions (FAQ) page on the website that people can refer to. She said it 2 reports that things are generally on schedule. She said if anyone has questions about whether or not their address will be served with broadband, they should reach out to the County, who will direct them to Lumos for verification. Commissioner Hamilton had no comments. Commissioner Bedford said she was also at the Behavioral Health Task Force meeting, and noted Commissioner Greene was on the Zoom meeting as well. She reminded Orange County voters that early voting runs through Friday from 8:00 am-7:30 pm, and Saturday is the last day for early voting from 8:00 am-3:00 pm. She said if voters wait to vote on Election Day, they will have to vote at their assigned precinct, which they can find under "Elections" on the county website. She also noted that people must already be registered to vote in order to vote on Election Day, and that today was the last day to request an absentee ballot. Commissioner McKee had no comments. Commissioner Richards said November is Family Caregiver Month. She said the Department on Aging will be recognized this later this month. She said there are many people with aging parents or who care for young people, and there are sessions on the Department on Aging website to remind caregivers to care for themselves. She said she was absent from the last week's meeting while she attended the Inter-city Visit. She said they went to Winston-Salem to the innovation center, then to Asheville. She said she will try to consolidate her notes from the trip at some point to share with the Board. She said she was happy to be joined by Travis Myren, the new Planning Director, Cy Stober, and other Planning staff. She said it was eye-opening that many jurisdictions are facing similar challenges and see how they are handling them. Chair Price said the SHARP Direct Care Workers Awards will be at the Seymour Center on Thursday at 4:30 pm. She noted that Todd McGee, Community Relations Director, sent out a notice that deer hunting in the northern part of the county begins November 12-January 2. She said there are usually complaints from residents around this time, so she wants people to be informed. She said there is more information on the county's website. She also said the Board was sent PowerPoints for several items this evening, which are at their places. Chair Price asked for volunteers from the Board to serve on the Strategic Plan Selection Panel. Commissioner Fowler, Commissioner Bedford, and Commissioner Richards volunteered. A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to appoint Commissioner Fowler, Commissioner Bedford, and Commissioner Richards to serve on the Strategic Plan Selection Panel. VOTE: UNANIMOUS 4. Proclamations/ Resolutions/ Special Presentations a. Proclamation Recognizing Mike Smith, Dean of UNC School of Government The Board approved a proclamation recognizing Mike Smith, Dean of the School of Government at the University of North Carolina at Chapel Hill. BACKGROUND: Mike Smith has led the UNC School of Government for 30 years. Smith has been a member of the School of Government faculty — originally the Institute of Government — since 1978 and was named director in 1992. When the Institute became known as the School of Government in 2001, Smith was named dean. As one of the longest-serving deans in Carolina's modern history, Smith expanded the School's capacity in the fields of management and leadership, finance, and administration. Under his leadership, the School became the largest and most comprehensive university-based local government training, advisory, and research organization in the United States. Smith is a champion of the School's core values of neutrality, non-advocacy, 3 and responsiveness. Smith recently announced his intention to step down as dean on December 31, 2022. Commissioner Bedford read the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION RECOGNIZING DEAN MIKE SMITH WHEREAS, Michael R. "Mike" Smith became a faculty member of the University of North Carolina at Chapel Hill Institute of Government in 1978 and became its director in 1992; and WHEREAS, when the Institute of Government became known as the School of Government in 2001, Mike Smith was named Dean and has held that position continually since then, becoming one of the longest serving deans in University history; and WHEREAS, Dean Mike Smith facilitated the successful transition of the Master of Public Administration (MPA) program to the school in 1997, and helped launch the fully online MPA degree in 2013, quadrupling the number of students served; and WHEREAS, through Dean Smith's leadership in raising legislative and private funds, the Knapp- Sanders Building, home of the School of Government, was renovated and expanded in 2004; and WHEREAS, Dean Smith expanded the School's capacity to serve by offering programs in public technology, public leadership and governance, environmental finance, development finance, data-driven policy, and criminal justice; and WHEREAS, under Dean Smith's leadership, the School of Government has become the largest and most comprehensive university-based local government training, advisory, and research organization in the United States; and WHEREAS, in 2006, Dean Smith was appointed Vice Chancellor for Public Service and Engagement, leading the response to UNC Tomorrow, an initiative to make the University of North Carolina System more responsive to the needs of the state; and WHEREAS, during his tenure, Dean Smith was a force behind some of the University's most significant public outreach efforts within the state, including the Carolina Center for Public Service, the Thorp Faculty Engaged Scholars Program, the Carolina Engagement Council, and the Tar Heel Bus Tour; and WHEREAS, Dean Smith exemplifies the values of neutrality, nonadvocacy, and responsiveness of the School of Government in its mission to improve state and local governments for all North Carolinians; and WHEREAS, as he steps down as Dean at the end of 2022, Dean Smith leaves a legacy as one of the University's greatest champions of public service; NOW, THEREFORE, the Orange County Board of Commissioners, on behalf of the people of Orange County, does hereby proclaim Wednesday, November 2, 2022 as DEAN MIKE SMITH DAY 4 in recognition of his years of exemplary service as Dean of the University of North Carolina at Chapel Hill School of Government, and in appreciation of his commitment to improving North Carolina communities through professionalism and leadership in government. This the 1 st day of November, 2022. Renee Price, Chair Orange County Board of Commissioners A motion was made by Commissioner Bedford, seconded by Commissioner McKee, to approve and authorize the Chair to sign the proclamation. VOTE: UNANIMOUS Dean Smith said he is grateful for the proclamation. He said he stands before them representing his colleagues at the School of Government who are so dedicated to public service in North Carolina and so dedicated to working with local government officials. He said it has been his pleasure to work with them and facilitate what they have been able to do and what they want to do. He said he works with all 100 counties, but Orange County is his county and the best county, so it is special to be here. He said it has been a pleasure to work with everyone in Orange County. He said this is special to him and he is grateful on behalf of the School of Government, but also himself. He thanked the Board for their public service. He said it a challenging time and it has never been more important to be in public service and never more important for the mission of the School of Government. Chair Price said she has appreciated the School of Government since she became a commissioner. She said it has provided many programs, courses, and opportunities for learning for her. She said anyone who goes through the classes becomes a better leader for their community. Commissioner Hamilton said she appreciates Dean Smith's work, and that she also appreciated the classes and resources as a new commissioner. b. Native American Heritage Month Proclamation The Board considered approving a proclamation declaring November Native American Heritage month, as added at the beginning of the meeting. Chair Price read the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION NATIVE AMERICAN HERITAGE MONTH 2O22 WHEREAS, for millennia, various nations of Indigenous Peoples with their own Tribal governments, social organizations, economic systems, and cultural traditions had inhabited the lands now known as the United States of America; and WHEREAS North Carolina is home to eight state recognized tribes including the Coharie, Eastern Band of Cherokee, Haliwa-Saponi, Lumbee, Meherrin, Occaneechi Band of the Saponi Nation, Sappony and Waccamaw-Siouan; and 5 WHEREAS the Occaneechi Band of the Saponi Nation dwelt in this region today known as Orange County; and WHEREAS, in the 181" century, the United States was founded on a concept that all people are created equal, yet American Indian and Alaska Native peoples have struggled and persevered to maintain their identity and their civilization despite centuries of inhumane and unjust Federal policies focused on genocide, removal, and compulsory assimilation; and WHEREAS American Indians have served and continue to serve in the Armed Forces—including the Native American Code Talkers in World War I and World War 11—defending the United States and continue to serve at a higher rate than any other ethnic group in the Nation; and WHEREAS President Joseph R. Biden signed a Presidential Memorandum committing his Administration to fulfilling Federal trust and treaty responsibilities, respecting Tribal self- governance, and conducting regular consultations with Native American Nations on a range of policy issues; and WHEREAS Deb Haaland of the Pueblo of Laguna serves as United States Secretary of the Interior and is the first American Indian in United States history to serve in the Cabinet, having been appointed by President Biden; and WHEREAS, in 1990, President George H. W. Bush declared November as National Native American Heritage Month with a bill honoring the Tribal People of America, which began in 1976, when Jerry C. Elliott-High Eagle, a Cherokee/Osage Indian, authored Native American Awareness Week legislation; and WHEREAS National Native American Heritage Month is a platform for American Indians to share their culture, traditions, arts, and concepts of life, as well as a time for all people to celebrate the myriad of contributions by Native Americans and honor their influence on the advancement of the United States; and WHEREAS the theme this year is "We will defend Tribal sovereignty, self-government, self- determination, and the homelands of Tribal Nations" to reflect the resilience of American Indians; NOW, THEREFORE, the Board of County Commissioners, of Orange County, North Carolina hereby proclaims November 2022 as NATIVE AMERICAN HERITAGE MONTH, and urges all residents to observe this month by participating in activities and ceremonies to celebrate November 25, 2022, as Native American Heritage Day to honor the cultures and contributions of Native Americans by committing to freedom, peace, and justice for all. This 1st day of November 2022. Renee Price, Chair Orange County Board of Commissioners A motion was made by Commissioner Price, seconded by Commissioner Fowler, to approve and authorize the Chair to sign the proclamation. VOTE: UNANIMOUS 6 Beverly Payne, Tribal Council member of the Occaneechi Band of the Saponi Nation Tribe, thanked the Board for the proclamation and thanked them for their service to Orange County. She said she knows how hard they all work and appreciates everything they do. 5. Public Hearings a. Public Hearing on Orange County's HOME-ARP Allocation Plan The Board held a public hearing on Orange County's HOME-ARP Allocation Plan. BACKGROUND: The American Rescue Plan Act of 2021 appropriated $5 billion nationwide to provide housing, services, and shelter to individuals experiencing homelessness and other vulnerable populations. The funds were allocated by formula to jurisdictions through the U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnership (HOME) Program. This funding is called "HOME-ARP". In September 2021, HUD awarded the Orange County HOME Consortium (which consists of the County—the "lead entity" for the Consortium — and the Towns of Carrboro, Chapel Hill, and Hillsborough) $1,371,401 in HOME-ARP funds. Led by the Local Government Affordable Housing Collaborative (a group made up of one elected official from each jurisdiction that comprises the Consortium), the Orange County HOME Consortium must develop an Allocation Plan to identify priority housing and service needs in the community that may be supported with HOME-ARP funds and to describe the process that will be used to distribute HOME-ARP funds. The Consortium's $1.3 million in HOME-ARP may not be used for eligible housing projects or activities until an Allocation Plan is approved by HUD. It is not expected that any funds will be committed or disbursed in the near future, since the Consortium is just now starting the planning process. The Allocation Plan will determine how the HOME-ARP funds will be awarded to projects or activities and lay out, broadly, which types of eligible uses the Consortium plans to prioritize. Once the Allocation Plan is created, staff will follow the process outlined in the Plan. For example, if (based on the community engagement and needs assessment process), the Collaborative decides to distribute HOME-ARP funds through a competitive application process and to prioritize development of affordable housing, staff would then issue a funding application for affordable housing development projects. As part of the development of the Plan, Orange County must consult with stakeholders that work with the "Qualifying Populations" listed above. County and Town staff are actively engaging stakeholders by presenting at meetings, soliciting feedback through a survey, and incorporating feedback from the Towns' community engagement processes around ARPA funding. As the lead entity of the Consortium, the County must hold a public hearing to obtain residents' comments and feedback on how the HOME-ARP funds should be awarded. Members of the public may submit comments at the public hearing and during the public comment period (October 22 — November 7, 2022) to Shaina Crump, Community Development Specialist, by email (scrump(@orangecountync.gov), by mail (PO Box 8181, Hillsborough, NC 27278) or by telephone (919-886-3574). The County held a public hearing last Fall, and since then staff have drafted the HOME-ARP Allocation Plan based on the feedback received during the first public hearing and public comment period, on the other community engagement and stakeholder consultation efforts (including a survey and presentations at community meetings), and from the ARPA public participation processes being conducted by the Towns of Carrboro and Chapel Hill. 7 After this public hearing on the draft HOME-ARP Allocation Plan, staff will incorporate public feedback into the Plan and present a final version for approval by the Collaborative. Once the Collaborative approves, staff will submit the Plan to HUD. HUD is responsible for final approval of the Plan, at which point, the Consortium may begin to use its HOME-ARP funds. To use the funds, the County will submit draw requests to HUD through its finance system on a reimbursement basis. Any HOME-ARP funds not disbursed by September 30, 2030 will revert back to HUD. Corey Root, Director of Housing and Community Development, reviewed the background information for this item. She said there are many steps in order to access the money allocated for Orange County from HOME-ARP funds. She said there was a first public hearing around a year ago for the HOME-ARP Allocation Plan. She said the county is not required to do a second public hearing, but wanted to anyway because the first one was getting input on what should be in the plan and this one is focused on input on what the plan actually says. She said staff has done robust outreach and consulted the many groups that work on housing throughout the county, as well as service providers, the Orange County Partnership to End Homelessness Leadership Team and working groups. She said staff also conducted a community survey and has gotten input from folks with lived experienced of housing insecurity. She said all of this input was included in the draft plan, and the recommendation from the Local Government Affordable Housing Collaborative is to put the extra HOME-ARP money into the regular HOME funding to have a combined application process for service providers beginning in December 2022 or January 2023. She said any input received tonight or during the scheduled public comment period will be included in the revised plan. The plan will then be submitted to HUD, and hope to have the approved plan available by January 2023. A motion was made by Commissioner Hamilton, seconded by Commissioner Fowler, to open the public hearing. VOTE: UNANIMOUS There was no one signed up to speak for the public hearing. A motion was made by Commissioner Greene, seconded by Commissioner Fowler, to close the public hearing. VOTE: UNANIMOUS Commissioner Greene said this is a good idea and plan. Commissioner Richards said she appreciated the extensive effort to get input on the plan. She said it struck her how many groups are working on this issue in the county. She said it begs the question of how they can all have a strategy that works together in order to leverage the funding. She said if there was a more clear strategy or definition about what the county was trying to do, they might be able to have a bigger impact. She said she likes having a streamlined process, but hopes the money will be able to have the most effective impact. Commissioner Bedford said she also noted that the non-profits, organizations, and the towns all hit on the same needs. She said Orange County is fortunate to have this additional funding and that she looks forward to seeing the applications. She asked which group will prioritize the applications. Corey Root said the Local Government Affordable Housing Collaborative will do that. 8 Commissioner Greene asked if Corey would describe the Collaborative's thinking and strategy. Corey Root said the $1.3 million comes with 10% dedicated to administrative costs for a total of approximately$137,000. She said since this is one time administrative funding, it seemed strange to allocate that to staffing. She said the Collaborative has asked staff to look into a Countywide Housing Plan to combine and expand upon existing housing plans, and the plan is to use the administrative money for a consultant to do this work. She an RFP has been drafted for a consultant to do an analysis of existing plans and groups. She said the consultant will also do a deep dive into what folks with lived experience feel are the most important needs. b. Public Hearing on 2021 Consolidated Annual Performance Report (CAPER) for the HOME Investment Partnerships (HOME) Program The Board held a public hearing on the draft Consolidated Annual Performance Report (CAPER) for the HOME Investment Partnerships (HOME) Program. BACKGROUND: Each year, Orange County reports on activities undertaken with funds from the U.S. Department of Housing and Urban Development through the HOME Program. This annual report, called the Consolidated Annual Performance Report (CAPER), documents the progress towards implementing the priorities and activities identified in the Annual Action Plan. During the 2021 CAPER period (July 1, 2021 through June 30, 2022), the County disbursed approximately $200,000 in HOME funds and an additional $54,000 in local matching funds (contributed by the Towns of Chapel Hill, Carrboro, and Hillsborough, as well as the County) for eligible housing activities. These activities included provision of down payment assistance for low-income homebuyers and provision of tenant-based rental assistance. Orange County must hold a public hearing to obtain residents' comments and feedback on the Consolidated Annual Performance Report (CAPER). Members of the public may also submit comments during the public comment period (October 22— November 7, 2022)to Shaina Crump, Community Development Specialist, by email (scrump(a)orangecountync.gov), by mail (PO Box 8181, Hillsborough, NC 27278) or by telephone (919-886-3574). Corey Root reviewed the background information for this item. She said HOME dollars can be spent over a five year period. She said many items show that no money has been spent yet, because there are five years to spend the money. Commissioner Fowler asked how much money was spent in FY21. Corey Root said $271,000 was spent from various funding years, not only from FY21 funding. A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to open the public hearing. VOTE: UNANIMOUS There was no one signed up to speak for the public hearing. A motion was made by Commissioner McKee, seconded by Commissioner Richards, to close the public hearing. VOTE: UNANIMOUS 9 Commissioner McKee relayed the contents of a phone call he received from a resident about the help they received from Corey Root and other housing staff. He said the resident was in a dire situation and was very complimentary of staff, and was extremely grateful for the help they received and the outcome in preventing their house from becoming uninhabitable. Chair Price thanked Corey Root for the work she has done, especially throughout the pandemic and keeping people in their homes. c. 2022 Orange County Transit Plan Update— Public Hearing The Board held a public hearing, received the Policy Steering Committee, Staff Working Group, and Orange Unified Transportation Board recommendations, closed the public hearing, and considered taking action on the 2022 Orange County Transit Plan (OCTP) Update. BACKGROUND: In 2012, the Orange County Board of Commissioners along with the Durham- Chapel Hill Carrboro Metropolitan Planning Organization (DCHC MPO) and GoTriangle adopted the first Orange County Transit Plan. This Plan was funded using a newly-adopted Article 43 Half- Cent Sales Tax, and it included investments in new and expanded bus service and new capital infrastructure projects such as the Chapel Hill North-South Bus Rapid Transit Project, the Hillsborough Train Station, and the Durham-Orange Light Rail Transit(DO LRT) Project. The Plan was updated in 2017 to meet federal requirements associated with the DO LRT Project. In March 2019, the DO LRT Project was discontinued. This project was central to the Transit Plan as the Plan's primary investment, representing a critical partnership between Durham and Orange counties, and serving as the transit infrastructure around which other transit services and growth strategies were planned. In response to the discontinuation of the DO LRT project, Orange County staff began the process of creating a draft framework to create a new Orange County Transit Plan that prioritizes investments,funds service improvements, and improves the resiliency of the public transit network. At its November 17, 2019 meeting, the Orange County Board of Commissioners approved the planning framework for updating the Orange County Transit Plan. The framework included a Policy Steering Committee (PSC)composed of two (2) Commissioners serving as Co-Chairs, and one representative each from Chapel Hill, Carrboro, Hillsborough, and Mebane to lead the process. The County and/or municipal appointees are intended to represent the interests of GoTriangle and DCHC MPO. The PSC is supported by a staff team led by County staff and including staff representatives from the aforementioned municipal jurisdictions, as well as DCHC MPO, Triangle J Council of Governments (TJCOG), the Triangle Area Rural Planning Organization (TARPO), and the University of North Carolina at Chapel Hill (UNC). In January 2020, Orange County Planning staff began work with Renaissance Planning, Inc., the consulting firm chosen to update the Orange County Transit Plan. Over the past two years, Planning staff and the consulting team have established key project deliverables and the timetable for their delivery, defined the scope of the consulting work, established a project website (www.octransit2020.com), created the public participation and outreach plans, and conducted regular meetings with the PSC, transit service providers, and key stakeholders with updates on the plan's progress. Both the PSC and the staff team provided direction and guidance to the consulting firm whose tasks included analyzing data, facilitating public input processes, soliciting feedback from specific stakeholders, and drafting the Transit Plan. The new Plan is intended to outline transit investment priorities through 2040. 10 Following is a list of key process milestones carried out by the Renaissance, PSC, transit service providers and staff teams: • Bi-monthly staff meetings with progress updates for the PSC during the 2020 calendar year (May 2020) • Completed the Transit Choices Brochure (TCB), a visual document that illustrates the concepts and continuums of transit planning, and the Regional Connections Opportunity (RCO) Report, a technical assessment of key issues and opportunities for effective transit service (July 2020) • Held the first Transit Summit over the Zoom platform and documented key themes from the summit discussions and first public survey (October 2020) • Developed draft versions of conceptual scenarios and graphics with an accompanying memo (January 2021) • Held recurring monthly PSC meetings over Zoom with updates for first half of 2021 (January 2021 —June 2021) • Received final versions of conceptual scenarios and graphics with an accompanying memo (May 2021) • Held an in-person Transit Summit for PSC members to discuss core values and visions for the fiscally-constrained plan and learned of aspirational future projects (July 2021) • Received draft recommended network and plan as well as draft conceptual vision map for transit service provider feedback and scheduling of future PSC meetings (October 2021) • Held PSC Work Session #1 to look at the final recommended network and conceptual vision map with goal of beginning round 2 of public outreach (January 2022) • Created public outreach opportunities with a second round of surveying (over 1,000 surveys were collected) and two focus groups (held on February 8t" and February 16t") that included local stakeholders (February 2022) • Held PSC Work Session #2 to look at the feedback received from public outreach and assess the draft network, which resulted in a request to provide check-in presentations to the local elected boards (March 2022) • OUTBoard received a presentation on the draft Transit Plan Update (April 2022) • Orange County BOCC received a presentation from its consultant on the draft Transit Plan Update (April 2022). The projects and service improvements included in the draft received by the BOCC last April are the same as those included in the final Draft plan for current consideration by the BOCC along with a recommendation to add funding to the Chapel Hill North-South Bus Rapid Transit Project to facilitate the project's application for eighty percent (805/o) federal funding. • Held PSC Work Session#3 to present a final draft of the plan updated with feedback from the transit service providers, the local elected boards and the PSC (May 2022) • Consultant delivered final report (including appendices) to Orange County Planning Staff in preparation for fall 2022 adoption timeline (August 2022) The complete 2022 Orange County Transit Plan Update, including Appendix, as well as the 2017 Orange County Transit Plan, can be downloaded via the following link: https://www.orangecountync.gov/DocumentCenter/View/21099/2022-Orange-County-Transit- Plan-Update?bidld= Policy Steering Committee (PSC) Recommendation: At its May 20, 2022 meeting, the PSC recommended the draft 2020 Orange County Transit Plan Update for consideration by the adopting parties, beginning with Orange County, and as outlined below. The PSC also met on October 14, 2022 to consider and provide a recommendation specific to Chapel Hill Transit's 11 request to add additional funding for the North-South Bus Rapid Transit (N-S BRT) project. The PSC recommended using a portion of accumulated End of Year Fund Balance to add $15M, over 20-years, beginning in FY 2027 and to reflect the additional funding in the Transit Plan Update. Attachment 2 is a revised financial summary that incorporates the additional funding through FY 2040. Orange County Transit Plan Staff Working Group (SWG) Recommendation: At its October 19, 2022 meeting, the SWG unanimously recommended adoption of the draft 2022 Transit Plan Update by all parties and to include the additional funding for N-S BRT, consistent with the recommendation provided by the PSC. OUTBoard Recommendation: At its October 19, 2022 meeting, the OUTBoard unanimously recommended BOCC adoption of the draft 2022 Transit Plan Update to include the additional funding for N-S BRT, consistent with the recommendation provided by the PSC. Adoption Process and Next Steps: Orange County: • PSC recommendations (5/20/22 & 10/14/22, Complete) • SWG recommendation (10/19/22, Complete) • OUTBoard Recommendation (10/19/22, Complete) • BOCC Public Hearing and possible action (11/1/22) • BOCC agenda item, if needed for action (11/15/22) DCHC MPO: • Technical Committee recommendation to release draft for public comment (9/28/22) (Complete) • Board consideration to release draft for public comment (10/12/22) (Complete) • Technical Committee recommendation (11/16/22) • Board adoption consideration (12/14/22) GoTriangle: • Planning and Land Use Committee recommendation (TBD) • Board adoption consideration (TBD) Tom Altieri, Comprehensive Planning Supervisor, introduced members of staff in the audience and Scudder Wag with Jarrett Walker + Associates. He said that Scudder Wag was a member of the renaissance team that helped develop the plan. Scudder Wag said that it has been a pleasure to work with Orange County staff to help the Board chart a new path forward for their new transit plan. He said that this is an excellent plan for the Board to invest in. Tom Altieri gave the following PowerPoint presentation: 12 Slide #1 ORANGE COUNTY NC).RTH CAROLINA BOARD OF COMMISSIONERS 2022 ORANGE COUNTY TRANSIT PLAN UPDATE— PUBLIC HEARING Item 5.c. November 1, 2022 Tom Altieri said this project started after the light rail project was terminated. He noted the members of the policy steering committee. 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 Nrt R'F1I CA 11 C31.1 NA Slide #3 PROJECT OVERVIEW & SCHEDULE 5prrg Summer F., V11m Summn FaH Nrder 5-- RP 2020 2020 2020 Mi 2WI 2r27 2co M 21122 ORANGE COUNTY NUlirl l CAROLINA 13 Tom Altieri said outreach was conducted in two phases. He said that they interfaced with the public and the policy steering committee throughout the analysis and network development plan. 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 NUKrF[C-AR UNA Slide #5 ENGAGEMENT TWO PHASES Phase 1 (Fall 2020) • Goal- Identify Needs& Priorities - s • Methods: Virtual Transit Summt online survey Phase 2(WinteriSpring 2022) • Goal-Vet Proposed Projects _ r • Methods: Virtual focus groups, online survey, pop ups at transit ,..-..— stops ORANGE COUh!1 10k1 n.-'ROI c. Tom Altieri said that the survey results supported the plan. He said more information on the outreach that was conducted is available on the website. He said the majority of the responses came from the southern and central areas of the county. 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 NUICff[C.ARC]3JNA 14 Tom Altieri said this is really an update of existing plans rather than an entirely new plan. 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?Ecluity, environmental sustainability, economic prosperity, affordable and attainable quality of life, transportation and access for all 4. Does the project support the conceptual transit vision or fill a regional connectivity gap? ORANGECOUNrY NOKFl I C:AW3UNA Slide #8 PROPOSED PROJECTS (Operations) 0-1 .l,ii. CW Run 30-minute service allday U[lt� , Route 0-2 HS Add weekend service that runs every 70 minutes ills lm, Route 0-3 INS Improve peak frequency to every 6 minutes;provide Saturday illlil@w Route servtce to 11 PM and Sunday service to @ PM 0-4 - 6CPT Run service 2 days per week,per zone MOD 0-5 US GoTriangle route 40W405 consolidation and midday II(!ileui 15.501 frequent yimprovements Projects CHT D route extension to Patterson Place a CHT J route peak and midday frequency improvements <31RANGE COUNT Tom Altieri said that these are five new or expanded bus routes that are included in the plan. Slide #9 PROPOSED PROJECTS (Capital) C-1 Stop and transfer Improved stops and pedestrian improvements.US crossing improvements supporting 15-5011 Fordham transfers between the D.F,and Blvd-and 400 routes Ephesus Church _ Rd C-p Speed and Oueuejump lane and shoulder reha4ility running*usianeimprovementson improvements,US US 15.5011 Fordham Blvd.and 15-5011 Fordham Manning Dr.supporting Blvd.and Manning improvements to the 0 and 400 Dr- routes LA ORANGE COUNTY NUKFt r C:AWNUNA 15 Slide #10 North-South Bus Rapid Transit (NSBRT) - A Capital Project in Existing(2017) Transit Plan • Increase transit system , =� capacity (currently operating close to maximum) • Provide a sustainable, scalable public transit option • Connect to regional transit a systems and destinations , • Su ort transit-oriented land usesand development • Enhance the community's M` 4 multimodal network (multiuse - path included with project) To Learn Mort,—brl.org Tom Altieri said that NSBRT will provide access from Eubanks Road to Southern Village. Slide #11 N-S BRT CURRENT STATUS & NEXT STEPS ..... 2021 2022 2023 2024 2025 2026 2027 2026 Beginning 11ra1321 60%design � evgn D t FTA TOD I V2022 5wa�asign Planning Grant y 05R023 received— R.wand underway 0312a26 R L,zsl ra Aim to submit Eyaluarinn request for 0712=1 Full Funding FW wundingf am nsrc rerft •Ca yLcbon C'urrnrenotx t Grant 10nme Agreement in �_•r,ra:�,.,;• AugusM23 - Tom Altieri said that they expect 90% of the design to be completed by September of next year. 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 s15M,over 20-years, beginning in FY'27 • Needed for CHT to submit a Full Funding Grant Agreement (FFGA)request to Federal Transit Administration (August2023) • 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 COUNTY NCDFCTF F CAPOLINA 16 Slide #13 NExT GGNEAATEIH 1 AAWjT w510N MAP ENS Ch.WIFVg .,u n kpR„— �..t.k.n—rZT1--- E•.n.P.r� -iINW-•- n.n.s.niwl..K7vr{xaaYri� Yq�t6a M1.ti.:=�yh.. PaNYl4Y9�rr �INIC7ili<f Next - Generation _ -- _ W Transit Vision .. .. Triangle long-term, conceptual vision for transit service and investments in �,•_, Orange County. �4 hWY.M:5Y1 — RANGE CC)t JNTY Nroi'ri L C:AROLINA Tom Altieri said that this map is on page 69 of the plan and provides a long-term conceptual vision of the county's transit service and investments. He said the blue dotted line that connects multiple counties depicts expanded commuter rail. He said that the dash line heading south into Chatham is for express bus service connecting those areas. Slide #14 TRANSIT PLAN UPDATE CONSIDERATION ADOPTION PROCESS Orange County'. i Policy Steering Committee (PSC) Recommendations(5f2of22& I0114122r Complete) • Staff Working Group(SWG+ Recornmendation (1 Oil 9)22, Ca mptete) • OUTBoard Recommendation (16119l22) • 90CC pubile hearing and possibleaction (1111122) • BOCC agenda Item, If needed rar action (1 lei 5l22) DCHC MPO'. • Technecal Committee recommendal�on to release drat for pubiliccornment (912&,22, Complete) * Board consideratmn to release draft for publ Ic comment�1CV12122,- Complete} • Technkai Committee recommendation (11116f22) • Board adoption consideration (12114f22) GoTrizingla; • Planning and Land Use Committee rwommendaWn(TBD} • BoardadopttoncDnstderattan (Ti3D) ORANGE COUNFTY Tr(DkKrl L C:ARC)ILINA 17 Slide #15 RECCMMENDATION(S): The Manager recommends the Board: 1.Receive the proposed 2022 Orange County Transit Plan Update; 2.Conduct the pLiblic hearing and accept recommendations and public comments); 3.Ciose 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 Ii" of the Plan. ORANGE COUNTY NX>MFI I C:AW3C NA Chair Price thanked Tom for his presentation. Commissioner McKee said that the timing on the BRT from Chapel Hill to Durham appears to be around 2050. Tom said that initial funding would start in 2027 and extend until 2046. Commissioner McKee asked if he's correct that once the NSBRT is approved, there would be more focus on moving forward the 15-501 corridor faster. He said something does need to be in place with the light rail failure. He asked if there is any thought on how to move that forward in a more timely manner. Tom Altieri said part of the funding landscape for that project requires some revenue buildup in the plan. He said that it would not be expected to go online given the current schedule until FY29. He said Chapel Hill Transit staff are in the audience and can take back the message that there is interest in moving this forward quicker. Commissioner Bedford said there was also a study from Ephesus Church Rd. to 15-501 to the Durham County line that was rejected. She asked for the status on that project. Aaron Cain from the DCHC MPO said they are looking at options to consider for that corridor again and will be going out in the next few months for some consultant services. Commissioner Bedford said so something will be done before 2050. Aaron Cain said there will be incremental improvements to the corridor prior to going to a full BRT program. Commissioner McKee said this is a critical corridor to develop out and he appreciates that even though he was against the light rail project. Aaron Cain said that 2050 comes from the Metropolitan Transportation Plan and that is done in ten-year increments, but it will be completed before 2050. Commissioner McKee said he wanted to clarify that because someone reading this document may wonder why it will take that long. Commissioner Greene said Commissioner McKee's question is right along with what the Policy Steering Committee had in mind. She said that they want to do both expansion of services and bringing on BRT as quickly as it can be done affordably. She thanked Tom for his work and recognized Carolyn Dwyer. She said the Policy Steering Committee had to push to make sure the next generation transit plan was a part of the Plan. Commissioner Bedford said one of the things the committee did was look at governance. She said one of the issues is the staff working group. She said they heard there was concern about making changes to add voting members from the towns. Tom Altieri said this is a subsequent item on the agenda tonight. 18 Chair Price asked about Mobility on Demand. She said it was originally Friday and Saturday only. Tom Altieri said the county is divided into three zones and services will be expanded for two days in each of the three zones. He said it is now operating on two days a week in a smaller service area. Chair Price asked if it will continue to run on weekends or if it will extend to weekdays as well. Tom Altieri said he was unsure that the level of detail regarding actual days had been determined yet. Nish Trivedi said drivers are needed to expand the service. Chair Price said they still need transit in the rural areas during the week. She said they have also been using it to go to the movies. She said they are looking for bus drivers. A motion was made by Commissioner Richards, seconded by Commissioner Hamilton, to open the public hearing. VOTE: UNANIMOUS There was no one signed up to speak for the public hearing. A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Greene, seconded by Commissioner Fowler, to approve the 2022 Orange County Transit Plan Update and authorize the Chair to sign the Plan. VOTE: UNANIMOUS 6. Regular Agenda a. Food Council Memorandum of Understanding Agreement Renewal At the beginning of the meeting, the Board voted to delay this item for consideration at the November 10, 2022 work session. b. Durham & Orange Transit Plan Governance Study — Interlocal Agreement Between Orange County, Durham-Chapel Hill-Carrboro Metropolitan Planning Organization, and Research Triangle Regional Public Transportation Authority The Board considered adoption of the Orange County Transit Plan Interlocal Agreement (ILA). BACKGROUND: In the early 2010's, Orange County approved a county-wide transit plan, which included a joint recommendation for the development of the Durham-Orange Light Rail Transit (DO LRT) project. In 2013, an interlocal agreement (ILA) was developed and approved by the Orange County Board of County Commissioners (BOCC), the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) Board and the GoTriangle Board of Trustees. Upon the discontinuation of the DO LRT project, it was realized that a new governance framework (aka ILA) was necessary to guide the implementation of future County transit plans. Project goals include: • Creation of a clear, operationally efficient governance structure that ensures that Orange County priorities are funded and implemented with the County transit taxes and fees. 19 • Formation of new levels of accountability, which includes development of an equitable set of processes, seeking to gain further community trust. In the fall of 2021, the study team invited the BOCC, as well as others serving on other transit plan governing boards (GoTriangle & DCHC MPO) and staff, to participate in initial small-group interviews. From those interviews, the team learned about overall needs, and the study process continued to allow for a facilitated workshop with elected officials from each of the transit plan governing boards (GoTriangle & DCHC MPO). These needs were defined through five overall elements to be incorporated into a new governance framework: Representative, Equitable, Collaborative, Transparent, and Accessible. From these five elements, the elected officials further helped to weigh-in on how much change was necessary to primary elements of the existing framework. This feedback provided leadership and guidance to develop draft alternatives for consideration in a new governance framework. Staff from all three parties to the existing governance framework attended joint workshops in March and April 2022. These workshops focused on critical elements that informed the foundation of what a new ILA could offer to all parties. Discussion focused on multiple alternatives of critical elements that comprise the following four areas: Membership, Voting Structures, Financial Planning, and Program & Plan Development. Outcomes of this workshop indicated: 1. Formalizing greater involvement from multiple jurisdictions and entities at the Staff Working Group (SWG) level and associated representative voting structures (the SWG is the technical recommending body for plan implementation elements). 2. Clearly defining roles & responsibilities for each signatory to the updated interlocal agreement. 3. Solidifying the County's role in annual work program/budget development with the tax district administrator. 4. Defining terminology and language consistently to ensure clarity and transparency for all parties who will use this updated governance framework for plan implementation in the future. 5. While referencing State Statutes, the updated ILA and supporting documentation will further define equity as it relates to utilization of tax revenues throughout the county, as well as accounting for regional transit needs. In parallel with the Interlocal Agreement development, discussions with all three parties to the agreement discussed critical elements that would require further definition or supportive guidance through supplemental policies & procedures and not be specifically codified in the ILA. These items include updated SWG Bylaws and Financial Policies, as well as incorporating plan implementation administration/management elements throughout. Throughout the summer of 2022, several multi-agency staff meetings were held to work through some of the finer details of the ILA. The result is a final Transit Governance Interlocal Agreement that reflects the study process goals and the five critical elements identified above. Following is a summary of key study outcomes that are encapsulated within the draft ILA: 1. Greater municipal involvement in Transit Plan/Annual Work Program development/implementation and representation on the SWG. 2. BOCC now a governing body, with authority to approve Annual Work Program/Transit Plan. 3. Parties endeavor to streamline project agreements. 20 4. BOCC and additional ILA parties will receive progress and financial report updates on a cyclical basis. 5. Greater clarity on funding sources and application for Work Program/Transit Plan development/implementation. All three aforementioned parties are to adopt the ILA, beginning with Orange County. Attachment 1 includes a Memo of Transmittal from the County's consultant. The staff team is continuing its work on some of the finer details of the draft supporting policies and procedures and the County staff will return to the BOCC, at a subsequent meeting, in the coming months, for consideration of these items. Adoption Process and Next Steps: Orange County: • BOCC adoption consideration (11/1/22) DCHC MPO: • Technical Committee recommendation (11/16/22) • Board adoption consideration (12/14/22) GoTriangle: • Board adoption consideration (TBD) Adam Howe from Atkins Consulting made the following PowerPoint presentation: Slide #1 E AL - - - LILA Durham & ❑range Counties Transit P3an Governance Study Orange County BOCC ILA Adoption Novembet 1.2022 21 Slide #2 Update Outline Project Need&Overview Project Goals Study Process to pate Primary Outcomes of the Study New Structure&Summary Road to Adoption ATKINS Slide #3 Project Need & Overview •�•OTransll ® •�-OLRT ® .Updated Plans&S 6iscantinued •Transit Plan Governance •Transit It.As Framework updates 1 ATKINS Slide #4 Primary State Enabling Legislation N.C.G.S. Chapter 160A—defines how a government body exists Article 26—Regional Public Trans rortationAuthoritXAct 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 TranE2ortation Sales TaXAcf 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 22 Slide #5 Project Goals t 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 Farming new levels of accountability, that includes development of an equitable_set of processes which seek to gain community trust. ATKINS Adam Howe said that commissioners were interviewed individually and then a collective elected official discussion among all four governing boards. He said there was also a desire to form new levels of accountability. Slide #6 A,1 3 Partners have been preset,, Study Process to Date dmc ns fro the slart Orange Cwnty Go7rianoe OCK MRO • Initial Stakeholder Interview •Joint Elected Officials Workshop M • Peer Interview ATKINS Adam Howe said that collaboration between the three partners was very positive. Slide #7 Study Process to Date • Alternatives development • Joint Staff Workshop #1 Apr • Joint Staff Workshop#2 ATKINS 23 Adam Howe said the joint workshops reviewed the alternatives. He said that consensus was reached on a majority of topics. Slide #8 Study Process to Date • Legal roundtable Jul-AugL Jun '22] - Individual Organization Discussions * Policies &Pracedures Development- ILA OctFinalization ATKINS Adam Howe said they hosted the attorneys at a legal roundtable. He said that during July- August 2022 there were individual discussions with each partner about any outstanding issues. He said that they have been able to start moving forward with the supplemental policies and procedures. Slide #9 Primary Outcomes of the Study Orange County SwG Membership&Associated Noting Structure Voting Membem Orange County(2 Votes) DCHC MPO(2 Votes) GoTriangle(2 Votes) Town of Chapel Hill(2 Votes) Town of Garrboro(} V619) Town of HdIsborough(i Vote) City of Mebane(I Vote) Non Voting Members Ti COG UNC Chapel MY A7KINS Adam Howe said the Town of Chapel Hill, Town of Carrboro, Town of Hillsborough, and City of Mebane are new additions to the SWG and are voting members. He said GoTriangle thought it would be appropriate to add transit facilitators to the table as well. 24 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'er'peny' Upon County Approval,GoTnangle Board Of Trustees(SOT)would receive Annual Work Program(which includes budgets)and would then take action to'Approve'or'Ceny' If disagreement occurs between the two boards that cannot be resolved by the beginning of the next fiscal year,an Interim Work Program maybe authorized(enabled by state statute), which would allow continuation of all operating services from prior year and freeze all capital projects_ ATKINS AdVnKa ofCcovy approval prav+des gmmrrpcal rwfr,,wnrav4n in hwVerdec wn. .;.•e,-r�ians a«e�nrallilrly wrNr Nra pu8lrc,andaphancas G9f+abRrilben halween beards. Slide #11 Primary Outcomes of the Study Agreement Development &Expectations Recommended language provides: All parties endeavor to develop Master CapitaWperatingAgreernents MPO to be a party to any project involving funds they manage Orange County shall be a party to any type of agreement where GoTriangle is the project sponsor GoThangle,as tax district administrator,shall be a party to ALL agreements S W G to determine appropriate agreement structure for special case needs,s uc h as a large regional projects;required elements to define agreements shall be further detailed in Master Particfpatien Agreements. ATKINS R4ree nenfa w R prowde greaser cp++abp s5vn wilh pro a �ponso s and engancad c+anry. rransparenoy and epcaunfa6i7iry p the puWre andf+ra 90 min)beards Adam Howe said they hope to streamline it by making it part of one document. Slide #12 Primary Outcomes of the Study Reporting Expectations Recommended language provides: Annual Report-delivered to all parties by December t 5"'. Enhanced 02 Financial&Project Status Report-delivered to all parties by March 15t". Quarterly Financial Reports(Q 1&03)-delivered to all parties 45 days after close of each quarter Reporting expectations and templates to be defined by SWG(by defined deadlines in ILA) ATKINS Addd'nn armpprbrrg expaorwo.s mUvrew la mp avedl an9ean cy and�unfabitify --.... fo rira puWrc andgevaminp 6parsFa pn pran rm�WernenFafian 25 Adam Howe said that there is now an annual report that will be delivered to all parties at the end of each fiscal year. Slide #13 Primary Outcomes of the Study Delineation of Funding Sources Recommended language provides: 1 LA specifically defines Medicated Local Transit Funding Sources-for panty;defines separation from lopal funding sources and additional state,federal and debt funding Artjrle 43 Hof-Cent JO-5 percerftf SolLes and Use lax Article 51 Thrfw-Vollar($3�increase To GoTrrangle RegiaWl Registratran Fee r Article 52 Sever?-DpWgr($7)CoIFptV Vehicle Registration Fee S vehicle Rental Tax(ro arrammodare ftouore sh fL of what tM15 fu efkg scarce wXsapp6H, larrgua),e fans #eery induderl to"knowledge that it is Linder the ronrmi of the GoTrinngle Of7ard of Trustees urrd any future allocations of such funding are at the 5W� discreriarr of the&aTrrongie board of TrustessJ AT K 1 N 5 Oaferievan of iuncbreg scurmes pmye ies clarity on the rasouress a-Lwilebre.j supaorl eyWn.9 trarnsrl Serywu6 arrd fa irrmp arraarrf new s*rvices Slide #14 Primary Outcomes of the Study Clearly Defining Supplantation based on State Statute Recommended language provides: Supplantation means the opporkunity for parties to this agreement to use certain funding sources to replace existing funds or other resources for public transp4rtatien sy sterns- Local Funding Source that al laws supalantalion_[he County Vehkhe Registmflan Tax IN.C.G.S 11D5-57S1)which is levied at its maximumamoLnror$7M per year;this allowsthecounties9a fund[lie increased cost al existing servicesascurr nRly allocated Lc<@I RifldirFg Sources tf}at do rwl allow supplaataslon; a. Local GM@MnWnt Sales and Use T&q[Ir3 for NWk Tloasportation M C.G.S. 105.506,514)yrllrrh N lrvle� at Its maximum allowable rate of one halF percent{non-svpgrantofran cited in N-C-G-S 105-5-07-3-fsl; ir, Ragixan.al Transit Akthurfty Regktratlim Tax(N-L&S. 10S-560156%whidi is levied at its maximum amount of $S,)i1 "itwilh51DOr3irah58A0ct}rlectedalloratenILwallytoorangeCounty♦nunwr �pfnnron'ancnedift M-LG-5. !DS-SG4 AWNS 26 Slide #15 RepoAWaarerParVOP ffor1Agrl�erMW Reporting i formef�y 6rlrx]5�u�ACbl�urJSfli'C7!18n5 fin the 11VStructure Expectations plar, mpr rrlbrifafrOti'tab+ . r + ff furf?wd1Yfir?8&W rfiesrofdsa*d r VS SMJA'8S low a prcpct zgorlsor Ah + r sp@V to prcgsd agra6merif arch#JWce r ` arre'rep dMg 1 � r r f Frrranuaf Pral+c+es&Prucadures. x ff Operakng Fund Safarrce and LMaidbfy r+ f� Pof�y$C�urdl9knt5 +, C.apifal F„rro 8aw�'A F'wi yBig $ "f Gu�n'elWles -` B�lrJrrg,�ayrrbrof, ar1[f 14efm�urserrbrr± Lead pawy and Guhlollrles P Dab1 Pmcy avid G,W&Pnos • Work Pra jLnam or Vold-Year Vrs,Qn PW?Amo.mdmerlf Policy Master • ffvc ms&d Coss odfxfsfrr�g Serrraas Porfcy Schedule 5YVSrea:a+wmrids ILAParsiesAppgwe ll7KIfV5 .N rg?m rerpm enM .•ILA Pvrt�S and MwliciPAt 5 APProve "'ILA PaNies Apprme SWO Adam Howe said they are still working on Financial Policies & Procedures. Slide #16 Road to Adoption -Septemb4�r'22: Schedule of Governing Board Me4�t3ngs was developed—goal to have AT LEAST the ILA be adopted before 2023, and align with or preempt the new County Transit Vision Plan (z*a 2022 Orange County Transit Plan) adoption September-October'22: Versions 2 & 3 of ILA were circuIatL,d for ail partIners to review October+22: Crucial conversations facRitated to achieve consensus/comprorniseon any outstanding topics; ILA as presented was ultimately confirmed. ATKINS 27 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 FY23 would be at the sole discretion of GoTriangle BDT This language was confirmed on 10/7/22;GoTriangle rescinded confirmation on 10/26/22. As of 10/26/22, GoTriangle has also requested: s A protecfinns clause in the event of catastrophe resulting in bankruptcyor undue financial strain stemmingfrom debt issuance on behalf of the County Continued review of 11-A Termination clause with respect to bankruptcy/insolvency special provisions As of 7057/22,no allerrrahve aoluhaashave been PrMWdod by Gohfangfe: ATKINS coa=dant Team rwr)7&ns confident with larunrage as proposed. Slide #18 ATKINS Durham & Orange Counties Transit Plan Governance Study orange County Tta❑es Myren Atkins Protecl Manager Staff Contacts - Tom Alfieri,AICP Adam Howell,AICP Wshlth Tfrvedl Commissioner Richards asked what it means when the language was confirmed and then rescinded. Adam Howe said he worked to facilitate a conversation to talk about how to address the topic of GoTriangle's funding authority. He said that they are trying to develop clear language to address that the funding source may not always be available because it is up to GoTriangle to determine what to do with it. He said they landed on this language but since the agreement, GoTriangle has said they no longer agree with it, but do not have alternative language. Commissioner Richards asked if they want a clause about bankruptcy. Chair Price said at the last meeting, they did not discuss that. She said they agreed that GoTriangle would have a policy of not going into debt. She said the funds have always been at the discretion of GoTriangle, but the vehicle rental tax was given to the county to assist with the transit plan. She said that looking forward, GoTriangle could go in debt, so certain board members did not want that. She said they realized that the vehicle rental tax money should go to GoTriangle, and they may no longer give the money to the county. She said this particular clause did not come up in the conversation. 28 Commissioner Richards said it implies undue financial strain but asked if there is more to be defined. Adam Howe said there is not a critical linkage between the top and bottom of the "Road to Adoption" slide. Travis Myren said a sunset has been proposed, but GoTriangle has not voted on when vehicle rental tax will be taken from the county. Chair Price said it is done on an annual basis and that they just had a meeting last week when it came up again. She said they voted that GoTriangle should not put itself into debt. She said that staff will talk with the counties to begin to prepare for the funding to be removed. She said that Wake County voted against it but everyone else voted that they would begin to have those conversations. Commissioner Fowler said statutorily, it is GoTriangle's money. She asked if they must use it in the county where it is generated or if they can use it anywhere. Travis Myren said it is a good question and he would have to check. Chair Price said all the money is pooled together and she often asks where Orange County's specific money is going. Commissioner Fowler asked if the services received are proportional to the money that's put in. Travis Myren and Adam Howe said they will research this. Chair Price said it roughly is. She said that it was explained a few months ago. Travis Myren said right now it is baked into the transit plan, so all that money goes to Orange County projects. Commissioner Fowler re-asked if in the future they would have to use the funds in the county where it is generated. Travis Myren said he will find that out. Commissioner Fowler asked about the usage of the word preempt on the previous slide. Adam Howe said they were talking about timing and not about policy. Commissioner McKee said he had the same concern because it does not speak to the timing of the plan. He said he gets worried with the word preempt. Travis Myren said that preempt is the wrong word and it should be precede. Commissioner McKee asked about the protection clause requested by GoTriangle. He asked what undue financial strain means. Travis Myren said Adam Howe felt the need to include this as information, but there is no language in any agreement that ties the financial future of GoTriangle to the financial future of Orange County. Commissioner McKee said he does not want any possibility of a situation happening with GoTriangle that falls back onto Orange County with a protection clause. Commissioner Hamilton said the process is to get agreement on the ILA and, given GoTriangle's request, asked if there will there be holdup to them approving this document. Travis Myren said it may, but they have no idea what their request may be, so they cannot react to it. He said he would recommend approving this tonight with the understanding that there may need to be additional approvals later. Chair Price said this language is coming from GoTriangle staff, not from the Board of Trustees. Commissioner Bedford said she finds it ironic that it is a county vehicle registration fee to fund transportation, and the whole point of transportation is to reduce cars. Commissioner Greene said it seems logical to her because it is a tax to use the car so it may lead to people not using cars. Commissioner Bedford said if people stop driving cars, there will be less money to fund transit. 29 Chair Price said they will continue to expand upon this model and make sure there are clear signoffs every step of the way. Commissioner McKee asked where the conversation stands regarding the clause on bankruptcy. Adam Howe said he has received no specific comments or concerns about the language presented, but it has been presented as a point. Commissioner McKee asked if they approve this tonight, would they have to come back and amend the agreement. Adam Howe said yes. Commissioner McKee said he will support this, but doesn't trust it. A motion was made by Commissioner Hamilton, seconded by Commissioner Greene, to approve and authorize the Chair to sign the Interlocal Agreement. Commissioner Bedford thanked Commissioner Greene and the committee for realizing this research needed to be done. Commissioner McKee said he trusts this because one of the commissioners was involved, otherwise he wouldn't support it. VOTE: UNANIMOUS 7. Reports None. 8. Consent Agenda • Removal of Any Items from Consent Agenda • Approval of Remaining Consent Agenda • Discussion and Approval of the Items Removed from the Consent Agenda Laura Jensen said she inadvertently marked Commissioner Fowler as absent from the September 291" meeting, and apologized for the error. A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to approve the consent agenda. VOTE: UNANIMOUS a. Minutes The Board approved the draft minutes for the September 29, 2022 BOCC Meeting, as amended. b. Motor Vehicle Property Tax Release/Refund The Board adopted a resolution to a release motor vehicle property tax value for one (1) taxpayer with a total of one (1) bill that will result in a reduction of revenue. c. Property Tax Releases/Refunds The Board adopted a resolution to release property tax values for eight (8) taxpayers with a total of eight (8) bills that will result in a reduction of revenue. d. Late Applications for Property Tax Exemption/Exclusion The Board approved fifteen (15) untimely applications for exemption/exclusion from ad valorem taxation for fifteen (15) bills for the 2022 tax year. e. Approval of White Cross Volunteer Fire Department ARPA Contract 30 The Board approved a contract with White Cross Volunteer Fire Department to replace emergency radios for all approved fire departments and rescue squads in Orange County using American Rescue Plan Act (ARPA) funding for the period of October 17, 2022 to December 31, 2024. f. Approval of Sale of Orange County Property - PIN 9885833971, Hillsborough, NC The Board approved the sale of a County-owned 0.27 acre property, GIS PIN #9885833971, Hillsborough, NC. g. Change in BOCC Meeting Schedule for 2023 The Board approved changes to the Board of Commissioners' meeting calendar for 2023. h. Boards and Commissions —Appointments The Board approved the Boards and Commissions appointments as reviewed and discussed during the October 25, 2022 Work Session. i. Opioid Advisory Committee— Composition Amendment The Board approved the addition of a County Manager Designee from the Department on Aging to the Opioid Advisory Committee, as discussed at the October 25, 2022 Work Session. 9. County Manager's Report Bonnie Hammersley said there will be a work session on November 10th. She said the agenda will include the Orange County Partnership to End Homelessness 2022 Point-In-Time Count Update, the Food Council Memorandum of Understanding Agreement Renewal and the Food Assessment Report, discussion on the Advisory Board Policy, and review of upcoming boards and commissions appointments. She said the Emergency Housing Assistance Program item planned for November loth will move to November 15th. She brought the information items to their attention, and noted that the Request for Qualifications for a Consultant for School Facilities Assessment and Optimization will be released tomorrow to the public for solicitation of interested parties. 10. County Attorney's Report John Roberts said the General Assembly continues to meet in this session, but has made no decisions. He said he believes Republicans will continue to meet to keep the session alive in hopes of reaching a supermajority in the midterm elections in order to override some of the Governor's vetoes. 11. *Appointments a. Opioid Advisory Committee—Appointments Discussion The Board discussed and approved initial appointments to the non-designated positions on the Opioid Advisory Committee. BACKGROUND: The charge and composition of the Opioid Advisory Committee were established at the Board's September 6, 2022 Business Meeting. The Committee is charged to discuss opioid-related health concerns and issues impacting the residents of Orange County and advise the Board of Commissioners on options to expend funds to remedy opioid impacts. The Committee will also plan and host one annual meeting open to the public to receive input from municipalities on proposed uses of the settlement funds and to encourage collaboration between local governments. The Board of County Commissioners appoints seven (7) members. The following individuals were nominated by consensus for the referenced positions at the 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 NOTE: The Board discussed allowing At-Large appointments to the Employment Provider position due to a lack of qualified applicants for the seat. 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 Any remaining applicant may be eligible for this position. The Board specifically discussed Gayane Chambless for this position during the October 25, 2022 Work Session, but did not reach consensus. Tara May introduced the item. Chair Price said that earlier in the day Tara May sent an email regarding the length of partial terms. Tara May said that if someone is suggested for a one or two year term, after the partial term expires, they are eligible for two further full terms, so they could potentially serve 7 or 8 years total. She said the Board ultimately decides the expiration dates for each appointee. Tara May clarified that the consent agenda item related to the Opioid Advisory Committee was related to the addition of a representative from the Department on Aging to be designated by the County Manager. A motion was made by Commissioner McKee to appoint Gayane Chambless for the remaining At-Large/Flex position. Chair Price seconded the motion. VOTE: Ayes, 2 (Chair Price and Commissioner McKee); Nays, 5 (Commissioner Fowler, Commissioner Greene, Commissioner Hamilton, Commissioner Bedford, Commissioner Richards) 32 MOTION FAILS 2-5 A motion was made by Commissioner Fowler, seconded by Commissioner Greene to appoint Dr. Tiffany Barber for the remaining At-Large/Flex position. VOTE: UNANIMOUS Commissioner Richards said she asked the question about partial terms. She asked if the Board would consider approving one of the residents with lived experienced for a full term rather than having them both serve partial terms. Chair Price said she agreed with Commissioner Richards, and would be okay with both residents with lived experience in full terms. Commissioner Richards asked how long the advisory committee will last. Chair Price said the funding will be paid out over 18 years. She said this initial group on the advisory committee sets the stage for how the money will be spent. Commissioner Richards said she thought going forward, the Board would likely want residents with lived experienced to be consistent on the committee, but said it may not be an issue to others. Commissioner Hamilton said it would make sense with staggered terms to have one person with lived experience to have a partial term, and one with a full term to make sure there is always someone on the committee with that viewpoint. Chair Price clarified that there will always be someone on the committee with lived experience. Commissioner Hamilton reiterated that, for continuity, it would good for one resident with lived experience to have a partial term and one to have a full term. Chair Price said there will always be two people with lived experience on the committee. Commissioner Hamilton said that's correct, but her point is that if one of them rolls off, then someone with experience on the committee would stay on. Chair Price asked if there was a desire from the Board to have a lived experience position with a full term. The Board agreed by consensus. Commissioner Greene agreed with Commissioner Hamilton's comments. Commissioner Richards recommended that Jefradrian Stafford be appointed a full term and Dr. Tiffany Barber be appointed to a partial term. Chair Price said that in that case, Jefradrian Stafford would be appointed to a first full term ending 10/31/2025, and Dr. Tiffany Barber would be appointed to a partial term ending 10/31/2023. Tara May clarified that once a term expires, the committee member would automatically be eligible for reappointment by the Board without having to reapply. A motion was made by Commissioner Richards, seconded by Commissioner Bedford, to make the following appointments to the Opioid Advisory Committee: 33 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 VOTE: UNANIMOUS A motion was made by Commissioner Bedford, seconded by Commissioner Greene, to approve the following remaining appointments to the Opioid Advisory Committee: 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 VOTE: UNANIMOUS 12. Information Items • October 18, 2022 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Measure of Enforced Collections • Tax Assessor's Report— Releases/Refunds under$100 • Memorandum - North Carolina Department of Environmental Quality (NCDEQ) Public Hearing for City of Durham's "Proposed Water Supply Critical Area Reclassification of Teer Quarry and a Section of the Eno River" • Request for Qualifications-Consultant for School Facilities Assessment and Optimization 13. Closed Session None. 34 14. Adjournment A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to adjourn the meeting at 8:56 p.m. VOTE: UNANIMOUS Renee Price, Chair Recorded by Tara May, Deputy Clerk to the Board, and Laura Jensen, Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.