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HomeMy WebLinkAboutMinutes-01-17-2023-Business Meeting 1 APPROVED 2/21/23 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS BUSINESS MEETING January 17, 2023 7:00 p.m. The Orange County Board of Commissioners met for a Business Meeting on Tuesday, January 17, 2023 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford (arrived at 7:14 pm), Vice Chair Earl McKee, and Commissioners Amy Fowler, Sally Greene, Jean Hamilton, and Anna Richards (arrived at 7:09 pm) COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: Deputy County Manager Travis Myren and Clerk to the Board Laura Jensen. (All other staff members will be identified appropriately below) COUNTY STAFF ABSENT: County Manager Bonnie Hammersley Vice Chair McKee called the meeting to order at 7:05 p.m. All commissioners were present except Chair Bedford and Commissioner Richards. Vice Chair McKee said Chair Bedford was coming from another meeting and would be late to the meeting. 1. Additions or Changes to the Agenda There were no changes to the agenda. Vice Chair McKee 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 visited Volunteers for Youth this past week as part of the Juvenile Crime Prevention Council. She said it is a diversion program and it was interesting to see what services they offer. She noted they continue to have low program numbers since the pandemic began. She said she attended the ABC Board meeting this morning and they closed out 2022 with strong numbers. She noted that the Board recently appointed a new member. Commissioner Greene said she represented the Board yesterday at an Martin Luther King, Jr. event at Mt. Zion in Northern Orange County. She said she and Chair Bedford went to Carol Woods' annual event for non-profits they fund and they were able to hear all of the things and causes that Carol Woods is supporting in the community. She said she chaired the meeting of the Area Agency on Aging's Advisory Council, where they received an update on North Carolina State's dementia-friendly and adaptive and inclusive plan. She said she is proud that Orange County is leading the way in being a dementia-friendly community. Commissioner Richards arrived at 7:09 pm. 2 Commissioner Hamilton wished everyone a happy new year. She said she is a member of the Board of Health and announced that there is a vacancy on the board for a licensed dentist. She said the Capital Needs Work Group will be meeting February 151h. She said they have made strides in the evaluation team in looking for a consultant to do a facilities assessment of schools. She said the candidate will be brought before the Board sometime next month. She said she and Vice Chair McKee are involved with the Schools Safety Task Force and look forward to getting that going in February. She said she attended the University/Community Martin Luther King, Jr. banquet and it was wonderful to see the support of the community. Commissioner Richards wished everyone a Happy New Year. She said she attended the UNC Schools of Government's training for county commissioners the previous week. She said it was interesting to hear from newly elected commissioners across the state and hearing how other counties operate. She said she attended a couple of events this weekend commemorating the Martin Luther King, Jr. holiday. Vice Chair McKee said he and Chair Bedford will be attending a chair and Vice Chair training the following week in Raleigh. He said he attended the Southern NAACP Banquet for Dr. King on Sunday night. He thanked Commissioner Greene for speaking in his place at the Northern NAACP event on Monday. He said the broadband initiative started two years ago is beginning to come to fruition. He said Lumos/NorthState has released a map of the first phase and invited residents to visit the website at orangecountync.gov/broadband. He said for anyone who is unsure from the map whether they are in the first phase or not can contact the Community Relations Director Todd McGee at tmcgee(a_orangecountync.qov or 919-245-2302. Chair Bedford arrived at 7:14 pm. Vice Chair McKee turned the meeting over to Chair Bedford. Chair Bedford said she is coming in from the Burlington-Graham MPO meeting. She said she hopes people were able to enjoy some of the Martin Luther King, Jr. events this past weekend. 4. Proclamations/ Resolutions/ Special Presentations a. Resolution of Commendation for Representative David Price The Board approved a resolution of commendation for Representative David Price. BACKGROUND: David Price was first elected to the United States House of Representatives in 1986, and served a total of 34 years as the representative for North Carolina's 4th Congressional District. During his tenure, Representative Price advocated for issues regarding national security, investment in education and infrastructure, housing and community development, gun violence prevention, campaign reform, among many others. Representative Price stepped down from office on December 31, 2022. He will be remembered as a leader and advocate for Orange County and the 4th Congressional District who served with distinction and integrity. The Commissioners read portions of the following resolution in turn: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF COMMENDATION FOR THE HONORABLE DAVID PRICE WHEREAS, David Price began his career in public office in 1986 when he won election to the US House of Representatives, serving North Carolina's 4th Congressional District; and WHEREAS, Representative Price first served in the House of Representatives from 1986 to 1994 and again from 1996 to 2022; and 3 WHEREAS, Representative Price served the people of the 4t" Congressional District for a total of 34 years with honor and distinction; and WHEREAS, as a member of the US House of Representatives, Representative Price assumed numerous roles and responsibilities, including: ■ Member of the House Appropriations Committee, where he also served as: o Chair of the Transportation, Housing and Urban Development Appropriations Subcommittee; o Member of the Subcommittee on Homeland Security and the Subcommittee on State, Foreign, Operations, and Related Programs; ■ Member of the House Budget Committee; ■ Co-Chair of the House Democracy Partnership; and WHEREAS, Representative Price earned and received several meritorious awards, including: • Lifetime Champion by the North Carolina Justice Center; • "Legislator of the Year" by the Sierra Club of North Carolina, the North Carolina Low-Income Housing Coalition, the National Multiple Sclerosis Society, and other organizations; and • Good Government Award from Common Cause of North Carolina; and WHEREAS, Representative Price advocated for federal programs and initiatives that created jobs, expanded opportunities, and improved the quality of life for Orange County, the 4t" Congressional District, and the state of North Carolina; and WHEREAS, in his final term in office, Representative Price secured $35.9 Million in Community Project Funding for the 4th District, including funding for Pine Knolls EMPOWERment Affordable Community Housing, Chapel Hill Streetscape Improvements, Chapel Hill Transit, and Hillsborough Water and Sewer; and WHEREAS, upon his retirement from the House of Representatives on December 31, 2022, Representative Price leaves a legacy of distinguished service and outstanding dedication to the residents of the 4t" Congressional District; NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners officially commends Representative David Price for his leadership, advocacy, and steadfast support for Orange County and the North Carolina 4t" Congressional District. BE IT FURTHER RESOLVED, that this resolution shall be presented to Representative Price and spread upon the minutes of this meeting. This the 1711 day of January, 2023. Jamezetta Bedford, Chair Orange County Board of Commissioners A motion was made by Chair Bedford, seconded by Commissioner Fowler, to approve and authorize the Chair to sign the Resolution of Commendation for Representative David Price. VOTE: UNANIMOUS 4 Former Congressman David Price said he is very appreciative to receive this resolution from the Board of his home county. He said he said he has collaborated with the Board on many community projects in past years. He said they received from the federal government for the Piedmont Food Processing Center, the development of infrastructure along 1-85, the Farmer's Market in downtown Hillsborough, and numerous projects in the southern part of the county. He said there have been major undertakings that were team efforts along the way. He said the support from the Board of County Commissioners and county commissioners across the state and around the country have been critical in pushing Congress in doing what needed to be done in developing infrastructure, investing in manufacturing, reducing dependence on foreign resources, investing in clean energy, addressing climate change, and making healthcare more affordable and accessible. He said he is proud of these undertakings. He said there are narrow margins in the House and Senate over the past two years and feels like this is a good finale for him. He said he was glad to hear about the work on broadband infrastructure in Orange County and said there has been a gap in broadband funding for a long time. He said the 4t" district has at one time or another been in twelve different counties. He said he doesn't think it was great that the districts have fluctuated as much as they have, but Orange County has always been in the district and he has enjoyed representing his home county. He said it's the honor of his life to be called Representative in the U.S. House for this area he loves. The Board took a photo with former Congressman Price. Vice Chair McKee said one thing that was not mentioned in the resolution was Representative Price's dedication to constituents. He said he first met him at an event in Chapel Hill, and was blown away by the courtesy and attentiveness he showed him. He said Representative Price mentored and guided him in his service on the Board of County Commissioners. Former Congressman Price said it was such an honor to receive this resolution at a facility named after Richard E.Whitted. He said he was a dear friend and was instrumental in his decision to run for office. He said Mr. Whitted was a wonderful man and public servant and his life was cut short far too soon. He said it is a wonderful tribute that his name is on this facility. He said it feels like he has come full circle to receive the recognition in a facility named for Richard Whitted. b. Presentation of Annual Comprehensive Financial Report for FYE 6/30/2022 The Board received the Annual Comprehensive Financial Report(ACFR)for the fiscal year ended June 30, 2022. BACKGROUND: The ACFR reports on all financial activity of the County for the fiscal year July 1, 2021 through June 30, 2022. Mauldin and Jenkins, LLC, a firm of Certified Public Accountants, audited the financial statements. The financial statements and audit are required by Chapter 159- 34 of the North Carolina General Statutes. The County prepares an Annual Comprehensive Financial Report (ACFR) that meets the standards set by the Government Finance Officers Association (GFOA). The ACFR is submitted to the GFOA in order to be awarded the Certificate of Achievement for Excellence in Financial Reporting. The financial report for the Orange County Sportsplex, as required under the management contract, is included in the County's ACFR. The County received an unmodified (clean) audit opinion on the financial statements received from the audit. The financial audit results indicate compliance with County financial policies. The Chief Financial Officer and representatives of Mauldin and Jenkins LLC will cover highlights of the report and answer any questions. Gary Donaldson, Chief Financial Officer, introduced Tim Lyons, Engagement Partner from Mauldin and Jenkins LLC. 5 Tim Lyons, gave the following PowerPoint presentation: Slide #1 ORANGE COUNTY NORTH CAROLINA AT Presentation of Audit Results June 30, 2022 Slide #2 Y Orange County,,wort Caravrns Agenda Enq&pment Team Overview of.. Audit Opimion F uncial Trends Compliance Report Required Communications Accourrting RecammemdaHans and Related Matters Answer Questions drupe so.= Tim Lyons invited the Board to ask questions throughout his presentation. 6 Slide #3 �fg,•7(�[��rr{�,�+pr71r Cdrolrlyd INSIDE i T t t t f f # i 225+ d�;p � 'if t Ct fy # f 1` y ly i weecu.wuur.o,%AJaIL ON w.ramlruT�xwao-uxmr i 7 Pr•ml.tl area+s aecauamxeruuw vrcvs rYua`Y..crov.eala �y 1t remxw.xe � rsty + �re''.0f�+� +y atlM1Y.Yra.14 W Wn�r 45 U.,rT�+$$Y � 4� Y4Wf aYR4FLlT I II i:_gyp V • M8NLL41J r1r GUrle<rr�fpr4l�k - � 4Yr[.F.NlIYfFi aJwrs �.Y�� FLRRy��lrTT{ CJ'Y 0.#pMrL[YrS r.'J1.C.lmp Y" '0+- Irk,��Y*+fr�u,Y ISCR+ TXl GL0.5{lRlIrK51S Pr {rLrn1l.MImR�. � Ya;hJnfL GDVERNMEETAL 13 PARTNER& UATP i Ga rr• AK Ca uannm nt Temp{,aaU�rs Tim LV" Enpagemenl Palmer 11ro ScM,4ualltp Remew Partner I LeAnn Bagssala.Engspm nt alreclor AcdlWa fhaco�I Analyse 01?8+­ Tim Lyons said Mauldin and Jenkins LLC (M&J) served as the county's auditors from 2015-2020 and are back again. As the Engagement Partner, he said he is ultimately responsible for the county's audit. He said all government audits at M&J go through his review as well as a quality control review, which was conducted by Trey Scott. He said as Engagement Director, LeAnn Bagasala acted as the "quarterback," running the day-to-day of the audit engagement. Slide #4 r OfangP c04. ly hkw&C•dfofWra 4ACF2 0 IF%fOkt OW Rldpb!9bRIty OMdc ALAEL*St&tbdW&EYanadd y Accapted Iak th.ULAtrd 5{eias of Arn¢rlca GARS) 41m om.nd.rad dw adwwl control ar�tar dra pulpo- d wp&Q;;r9 air{pr.ari o0 8rrrrr• rl faun NnrLh fllni i riha ��fmiiiw baLkimmal Anrmami ardnot rC/dwpepaLaarpro.ndr.9.znolnon an d7aatri•7d,aPIQ; l rin WWI Cam ak Cur a elt ws pnromnid n accard7rca wM G.rS and dD kflraTrant Aod.mrg Our agemrrla la proAr mffxrrde--r*;ahwAir swwncetht The haa[menial Rimerne )QeIreeoO wiffial mirLmnxlc Thr bakfiraray LTawrcwrRi arattr magasbYTj orrhn{ourrj L manrprcariL Nporr orl Wr KPrRnrbi StftilrmLift 5lr+nodArd r{IQerrl opinion an hear Fnanod stvlrmr i eT&c&ff ddaFYyinwDudauiwftacemmHg aiMUutsd4amcoi naera. Cur Pe .osiblrl don"mrid ce}and fir,enod inFamdian rmtaired n mr report xAa tldrial audtUN toJrrtrY dLcralalp profailodmemparare uet IAIC Haul.Orr opinion andA laara%11mirmial F=rares IL cafed aaky or the lepiwKA the[finer eudka Pro pNtj7ed the sudk0%he reC aoard and r rezed an mrrotlidrd apna an 7ralerrrLl to Astern" Au W-3ascumvio,a&A aJya-arA ,rube 90 = 7 Slide #5 ATT �l af&WeCvvnly NVr fr cam&?a Ca licence Rap rt and A1jd t Scope•.s�!&Pr000duras • CirkvevrrFrarr1�J7�14V��1M��#�Fd��t("1y��hW9�Cl<"�Fk#f+-. The fine ial reparl arrckage a"aim a teport an ocr 2e h of the€wir}`s wdemW mramis and mmplience wr[h laver,regulatloctk etr.The report is rut rrlended t pmHde an opsron an rderrW cmrdraa nr:is it ommclird la r mIdea*galdffWrnrlMPontheCouWs cwpuruewli:hapDlicaW laps andregWons. This resicd and the amoedures perfarmed arc required RTGaoermrsenrArnod'inzg Sdavidarz's [nmpIHance Reports We were required to pert orm Single Audsl p ra cedurm orr rigM je)mqur pragrems 16�edeeal and 2 Stefe of tlorlA Car07rla pMr ns� We Issaed a rQparl on the Colrnly's rederat pw9w s In accodancR YrnI the fh ct m Cvxdanoek That reppll mntwO an t,rmo2W op+rtn on€arraanee Uerad5 qn Me 11rK1fW€Aed In lhA Won are incUM lacer In U*Pmer"Eia. we€5uM d repoM on lire Counry's ware k)f&Narrrs In a€cardanoe omM the Me of t#arlh Car€rrrra 51ng*Audi Jnnpleme dahan Act-Vetds on thefindiings cited an Ikrei resort we rxluded letler in!his presentalion riMW.s nscus5uo,a&A4Wysas it D&V ,!rule 30 2G2.7 Tim Lyons said M&J issues multiple reports in the back of the Annual Comprehensive Financial Report (ACFR). He said there were a couple of findings in the Government Auditing Standards Report and he will discuss those later in the presentation. He said there are also two required Single Audit reports. The Federal Single audit is required because the county spends more than $750,000 a year in federal funding, and the North Carolina Single Audit is required because the county spends over $500,000 at the state level. Slide #6 Orange County,Ata br Cam1wra Srutticial Trah&-!ph-bp a�i#ioq of Fund. lzncc TrerMs Wam 21121E to 2022 Funif Balance Categories-Genrcraf Fund • 2021 puimfBalan€r'$76-LM as oarauo ■ 2022 FundBalarrce;S81.3M a4A€u.upu jaAo4duo • Inereasetovnasslgnedfwrd balance al appyox1roately ruA]V.U44 :4AJ0.444 i Increase to restrlctEdfirrsd i„ooa.auo balance of appro>,IrnateF� taOMdd8 snW.tw 11magl• unaeelgnedtar.3halanceas of Jsrne 3or 2622.Is 15.05%of MU �ac3 = General Fundexpendrtures. ■larworndd�re t!e�nrrtl ■{'a-rr7oeC ■hempa•tl ■a assip-ed ricdlra's Eracoss+a,a S AjWyag OE d.) drule so.= 8 Tim Lyons said the fund balance indicates that management is paying attention to the 16% requirement throughout the year. He said the biggest increase was in the restricted fund balance which is a result of the State's required calculation. Slide #7 Rnandrt Tmndw-f erbmi Fund Rmanue r� �73 2f}21 OI R FinNny Tw,C9 IRIA53365 169,B393H 11.8439T7 wks rwk: 3T,996319 32,101W !S.M4437 hlmgoranrr.,nal B3.573198 b.B7P 181 5.P%903F U.n"ki s r.ws 13,7S5359 11,5A9397 I.ZaS 462 CnhQI 2.719 376 1.931.191 230 6M 2SG.496673 2M.M7.116 13.636 ST2 AWW-9 Dacx*w n%AiTWYst9rANAO Avie 50 W27 Tim Lyons said property tax collections remain strong, property valuations have increased, and sales tax revenues continue to be strong. He said we are entering a period of uncertainty for where these trends will go in the next couple of years. Slide #8 orange Cal2r32y,,yur&Carofina t=inan€ial TFQnds-Gen.eral Fund @xpandityren 2422 21b21 Dlif %age Community services 13,205.403 R'062,876 3,242.527 5% GenerJ gvmmmeM 10.770,606 13,549,081 (2,776-475� 4% Nu ffi sarerty 27-$22,E 4a 27,429,024 394.524 11% F6uma1 Services 39,736,325 41.797.621 (2.061.M) 16% Educalion 94,916,033 92,671.015 2,245,015 39% Support seNces 12.48t.128 11,970.772 49a355 5% Debt serAm C) 43.304 765 33,764,216 9 541)549 i8°+ra 242 217111 231,143,805 11 p73�D 100% 'Debt sn-virr orpandierrer urdudcr apyrah>'naite,y 321a nr+7Fiav o7prin�pul�zd lrlaraxY paymana an srhou.reJa7n7 deb?far Yhr iGsmr}+air rrded Jausr 3Q 14922. When Lhe&wihrwe uFtbolse�apmrl�ds added ro,a.l-r+rAt.+.wraf.lord r.+perldlfu++er+4v ad4rcaGvn for�l•yym*xlnear+r i7{dT prlNFart ar ry51 aI rat�l Grnar�/Fund rgpenmVlhrres. Au W-9Ehsoanw6ArWYst9rA V .Mlle 30 2M 9 Slide #9 4�4+ Orange Caurrty.Akw&Carofma Finandal_Trands=PrcT!lq@r -Funds gelid Mob Brto-rpriae Fared Ch Operalrrg reranues 5 11,337,901 3 11 CMAM9 5 32 .W Opaallrpexpanses 1019,577 11-p00.743 {1,071,166� Opaaurglncmre 1,31$324 475,8041 1.394.128 Unman[GedrMposluon T.Mi 339 7161E42 463,99d Olwalingca9hTim 4,2a$291 2.ZK2B7 1,gii,9Ei3 Oxi-all tesh Ihw 2,18$292 Z5 380 1.913.912 SwrW%x EnVFPFkPv Fund M NJ i hmw OperathgrewKies $ 3,835,429 $ 2,72T.377 5 1,100,D92 Opaatilgenpensea 3,%Ti58 2,968QO 928.M Opaatil9income 461,7m (241.1" 179,377 iklreshictod nee poatlon 344.395 (167.254 511.M Opera[ngca9hOm 97T,977 237,789 740.183 IntedurdiranO&s 790.000 - 7 ONO O�aall rash llow 1.160.760 (107.41M 1.268.177 Mjortwa Chacoasua,a+S AjWysas rAE4A.- daie 3Q 2022 Tim Lyons said both funds reported increases in operating income and unrestricted net position in 2022. He said both funds had positive operating cash funds, which is a key metric for any governmental entity operating an enterprise fund. He said the Solid Waste Fund reallocates a piece of the pension liability between governmental entities and the Solid Waste Fund. He said the Local Governmental Employee's Retirement System (LGERS) had a really good year in 2021, which will likely go the other way next year. Slide #10 Orange Calmly A+arOFr Carofiira Reav red lrommunicatiotts SignirxantAaoundng Fbiicies Maaagemelrtliresponsl[xteror[Flese�ctonarrtluseoraprropna4eleanrAlnpppUtleS- . ihesgnlKartaccowd lag polioe€ Redib tUwCoLeq-we WAn OIn Mae IioU*aasicNwKlalslaaemenfs- . Durrrgihe arrcrl year,ihe Launty R pL•n"bed C,os+ernn.daldsxwihng5twrdardsi) a dtc.A%JSLienrri#Aa9T, LPd wL The pokles.w d ily the Corny are In accordance wigh 9enerarti acWted aconunixQ 9rvelp+es In cumderig the q"ahF mperlsat its palicLs.theCaunty is nol insal;ed iR am corrinnresial ar emmapiq agues Too 1o4lO9guI"xeffsno1 aoV&le Manageffwiit ludgment/Accountiruj fsbmates AC9ouI1WQe5llrrh"idreenlnwgrdl pig 4T1h4f+arKlalSldt2nenCSprepa"dby-'fldnagpment and areW# 4n rlldrlar]e•11earskncrmeciie wd 4'rweace about wad cunreaS eL*"s ano aswmmofts abou Mufe eveak5 The€o^u9n Various a5[Pat&5 as raan of lts nndnwi wcettq iafooE*s—.Kludeq txUylal a7%umpliops Avae 30.20F2 10 Slide #11 n-ange Caielrrty,NarBFr Caro&ra ulri!�d i4arnt�iutiir�tians fi~antirtuedl Relatinrtship with Management . %%*received full cc-3matim from Um Launty's managmentandstsff. >tWe-mere nodc;,mee"eau,AalnmanagementcmaaowingIssuesornnarl"rcw gmanefs Managemem kepresentadnn Weregriled,and ream d,%**ten repimm atiorafrom nvvgerrerd reehtrg bothe accura-y olrriommb3nwEludedn the frrrrmisiatmnents and Me oompleGen=s and accuracy nfvavous.mfarmaban¢gxsied Lyra CVnsa•Ita(dp„wItli(31hnr Ai�c44r1kilnl4 To the hest or 06f Itno,wledgR•%XhBigeMent has mot consulted wdn,of ab ii•rcd options.nfR otrw Indep"ent a ccourrIamaadurYg the rear.my dud we'ace any*sg.�ea meciLrrinp oalslde cansuhailm • !ignificant rues DEKussed whh Management 3hae,.ere ra siyr6arl aFxs drpavd,.th marsagemerrt rdatedto to�m mrrdtnr Q PIamR ar sfraherres iiret rr�y trim 31rec*dine dsk Or ins Wal misstaiar■ent ovine 11paP&M sZAere xn5 Au W-9 A544knmA A4y514ODt AV*30 2C.L.7 Slide #12 /fr 4�,TT orange Cv mly Abr&Carofrrra N,rc�llrad t�mrturtiFtrtr151�no tC�rr#inuad} ALK41t A-c�ji,41rionb Several a4AiFNAs tiwere required dunng 11re wrest or the audit lnee a*a pw As h o#e been"Ided to managle4nen[and Mpy halveDroaldeduswI[hrepreWAdtiDn5gnatltreada,slntierns"e"npostedm"Covos aeneraileAaef. 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Slide #16 Y1+ r7rarxgefatml}:,ioraFr Carofura Gaut-Clients=firer 0uw1mly-CantinuinSL€duuttian Shift M&CA of 2009-Far Over 12 Yrers I I maudn d ler{am prcmdes hee auarcerhr ooasnunn education 37 ar d air na.rsr.nertar dents. rcuis are Word Ra hr aF rrberesl M gnxmmerrlat errhlies rrr,an rNori in airommj rare orr emir Omwnmentr deal base.we afre*1*mssirns!ewuai tares oar quarter at■re'iete d OPPI prardsd iar4mc resrltirrp a 4r"iep PeRcrWO and Fnamedge sha irrp rmeng mr gaxmmerriel dents We naenrlg stir appraourrraMy rgr People Per gier+er Examyles ai subj!ds P"eised in Orr piasi few Sarre r�dirde frrauntrng 117 flrkn Ivua-ices • GP66 Prgrcv&V"tes Iangarp&w oral seaeians - A hevng EnSkinie nrvranrirl 1b!parir19 HumwiCeptalA'lenagernent ;iM 2Jdgmng Pracdcr.fWYxa and Proarssx . Grani A,00curarg PD:,on&m and Conhroic 'ai tPrrpsr4irm InterrailCanbokFOvs*rxuwdsPrym+e.Payr'AWO + ACFR Napa•aikn(l.e I2fdn'hard,.-onoxno) Cwh ailoupwrawdr - CaptalAssel},-axw"Pnxessne-rdContrak Iffterml Controk CprLw Praiviibile-;A V-e Prnq-Lm Cvdv Cardle*iraton aF Grpaats antl rrr'—rin Aa IfIS rr.-.kes.prirnarilj Pupol Mmuers CampansM unlls . tigol Carrddwrkrd rarUMt 11;�,jnLm di rdL.r- Cy#erxcurihr Pnk AUnagantnt Pokin and Pnxvdrm Manuals = EQLaong Finwdal and Naf.ikancbl lloaltn afa G •1o,. . Sogragaikn or Eud'as cnancal ReportCard-44hrm foes yKxFwt 5 rO Slagle Audits For kdb!-Fs :►anral Pep-cting Mmt4 y+7ar+o-rrsrrrls 5petirl kapasrtine!Optan melee Tw 191; 75 + CAM F"74&7S.OF19 Srandudi • AaDwM %ft"nHg&Compt:crar GA56 P1a 77.Ta-Ahrle+enr DsclogmtLs UnAyrn Grant Prpa-trng Atquirrnenh a,a ihr Net + GhrA Na 94.Fidurbry Ach.,daa UVa Ault A(ja`iW-q bSwnw&4J4ywg fA[&V ,hllk'3v 2fd27 13 Slide #17 �f T f?f&qgP-ctxwty Gawerr.k.rwnm1 Admi wry-. r M-g Cur r OfFm rrlq-�. 8,rr�}r.rlarhwn �� ....r,,,�,:�.-.��• �Y�n tir�r�r���hA Giu�l��rrFrw .%—..—a--1 a.l�,aei —j -Arw hm"m LLA4o �IIrr"dlll4 ml..,TTr!r and LGFh rllw fmp •�� •.flyr.rrr.. M .rr...�.�—�� 1��-�'r�r� .rk*rr—m .�.YtilnnIIY ITT.�� •l4�a.l Y..,.. 51.14µ� •�1�� hi��1Y�igl�{W�: •rMM14.d LilaY�'i S�.n-.�w�.n��I�T •Grm 3ffwM .it iiJ YaIRrYl •r.��� .l+^4-Y�55i1�G1 Ciil1 a YYF�C�I�i.iL� c+ll-e YI FmhA* �Ct1YY LLQ� •��� •�ti . GI.aY4r��1! �FlHI F PdYI r�YY/YYY � �4��r..a.__ __.iilYY •flll�Nr�Yln�l�l ••�{��L��! jw a 30 ZOU Slide #18 Questions & Comments ORANGE COUNTY NORTH CAROLINA � AT Thank You for the Opportunity to Serve 14 Commissioner Hamilton asked what the unrestricted net position means on slide#9 under the Solid Waste Enterprise Fund. Tim Lyons said this can be thought of like unassigned fund balance. He said it is the net position that is leftover and not restricted to spending in any specific category. He said it's important to note that it isn't exclusively cash on hand or investments. Commissioner Fowler asked about the negative operating income for the Solid Waste Enterprise fund on slide #9 in 2021. Tim Lyons said the net operating income was a loss in 2021 for the Solid Waste Enterprise Fund. He said some of that is due to the decreases in pension liabilities. He said in 2021, the fund's operating revenues were around $11 million and operating expenses were higher. Commissioner Richards asked what the categories are for audit findings. Tim Lyons said the Government Auditing Standards Report defines internal controls over financial reporting. He said Material Weakness means internal controls were not sufficient to either prevent or detect and correct a material misstatement. He said if the amount is higher than the materiality level, it has to be defined as a material issue. He said Material is the highest category, and Deficiency is at the bottom where the issues can be communicated to the County orally or in a letter. He said the middle ground is the Significant Deficiency where it's less significant than a Material Weakness, but is important enough to merit the attention of those charged with governance. He said it happened that these adjustments were over the materiality threshold, so there were no Significant Deficiencies and there were no separately issued management letters. Commissioner Richards asked if the materiality is based on a dollar or percentage basis. Tim Lyons said it is based on a dollar amount. Commissioner Richards asked if there is required response or corrective action. Tim Lyons said there is a corrective action plan for management in the back of the ACFR. Chair Bedford said she serves as the Board's liaison to the Board of Social Services, and they have already approved the proposed corrective measures. Tim Lyons said sometimes the issue is the guidance and the way auditors have to conduct testing have to be updated. Chair Bedford recognized the Finance Department and Gary Donaldson for receiving the Award of Financial Reporting Achievement for the 31 st year. 5. Public Hearings a. Unified Development Ordinance Text Amendment— Rename "Efficiency Apartments" to "Accessory Dwellinq Units" and Modify Standards The Board held a public hearing, received the Planning Board/staff recommendations and public comment, closed the public hearing, and considered action on County-initiated amendments to the Unified Development Ordinance (UDO)regarding proposed revisions to the current standards for "efficiency apartments". BACKGROUND: An "efficiency apartment" is an accessory dwelling to the primary single-family dwelling on an individual property. The salient current use standards for efficiency apartments in Section 5.5.3 of the LIDO are: • Maximum gross square footage of 1,000 square feet (maximum of 800 square feet can be heated/cooled), • Cannot be a mobile home, and • The efficiency unit shall remain in the same ownership as the primary residence. An efficiency apartment can give a property owner the ability to enhance their property use for additional family members or to rent to a tenant. The current size limitation of 1,000 square feet 15 for an efficiency unit can result in some property owners having to subdivide their property in order to construct a larger unit, affecting the affordability of such homes and lots due to the professional service costs and review fees in creating a new lot. The increased flexibility of the proposed amendments will also allow for greater aging-in-place and multigenerational living opportunities, as well as serving equity needs by better enabling less-resourced property owners the abilities to realize viable secondary residences for rent or use by relations without requiring subdivision of property. In September 2021, the BOCC received information from a multi-department staff group regarding expansion of affordable housing incentives and opportunities. The agenda materials can be viewed at: Housing Affordability Study. Expanded use of accessory dwelling units was included as a strategy to increase affordable housing options within Orange County. Orange County is proposing to amend the UDO to: 1. increase the allowable size of an accessory dwelling unit to 50% of the primary dwelling, or 1,500 square feet, whichever is greater; 2. allow mobile homes to be efficiencies; and 3. modernize the language from "efficiency apartment" to "accessory dwelling unit" (ADU). The proposed UDO text amendment helps serve the goals and objectives of Orange County's 2022 Master Aging Plan and affordable housing strategy, as evidenced by the respective letters of support from the Orange County Department on Aging and Department of Housing, included as Attachment 4. Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement with the Towns of Chapel Hill and Carrboro, the amendment package was sent to the Town planning staffs on August 30, 2022. To date, Orange County staff has not received any comments from the Towns. Planning Board Recommendation: At its December 7, 2022 meeting, the Board voted 6-3 to recommend approval of the Statement of Consistency and the UDO amendment package. Draft meeting minutes and the signed Statement of Consistency from this meeting are included in Attachment 3 and meeting materials are available at: https://orangecountvnc.gov/AgendaCenterNiewFile/Agenda/ 12072022-1685 Prior to making its recommendation, the Planning Board had reviewed the materials in an "Ordinance Review Committee" meeting on October 5, 2022. Materials for this meeting are also available at: httr)s://orangecountvnc.qov/AgendaCenter/ViewFile/Agenda/ 10052022-1647 Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the text amendments are reasonable and in the public interest, as contained in Attachment 1. 2. Amendments to the Unified Development Ordinance (UDO), as contained in Attachment 2. Cy Stober, Planning and Inspections Director, gave the following PowerPoint presentation: 16 Slide #1 ORANGE COUNTY NORTH C.1LROLINA UDO Tact Amendment Rename "Efficiency Apartments" to "Accessory Dwelling Units" and Modify Standards Public Hearing January 17, 2023 Slide #2 WeIrornel Come On In AC—F/-0na LPA13 n... dH hP11—Falb-ra.s 0 •1lh 1pi ,a � b �� ::�� • ��.:. \Nhat Are -a ha•alY•Kd Accessory fi..a.o•ara F T..o•v+�•+awry • nr � nli.,•.. �. � +.n ftvh�sj MRl Dwelling Units? .��ti`+�.`fir�....a�� �•r Ys�+ax.�nriau iu•} _ _ x+:r+Vx•n�x.a'4ar�7'+'.m+vr�rt l�r+/.NawS Y�.tio.�Ywf y�iwa �'�����•^�� a•r7v•'or•^/F n.. wryr.ar9��rYibaar�w rdm rti+Ftrrralwik•ax�aa•r r�aawr n. av�aavn�ac�}v6a.ryWa �mi-+r rV.�TM+IY�W �a.x�YrF4w.o aawlGl4. .awry rMt.•I�F��rrt 1F}Kral+h+.��+ur:•r i�.:aaaw.�•�.ph�Yr�Fa�hdtN.amw� ara ait�v��w..aarorj M1rt1�un.•.rw...af 1�4 i'4.s b.11 {gyp A NG=C {�'�_-y�UNT Cy Stober said accessory dwelling units (ADUs) can be incorporated into existing structures. He said they are a secondary, but significantly residential unit that relies upon the primary dwelling. He said they are almost always smaller, and they can be detached, attached, above a garage, or an efficiency unit. He said ADUs support independent living while being reliant upon the zoning and development standards of the primary dwelling. 17 Slide #3 What is an "Efficiency Unit" in Orange County? • Accessory residence to the primary residence • NOT a duplex but a secondary use of the ~ property ''' • Must conform with all zoning requirements ORANGE COUNTY 1X)Kn I C4ROLINA Slide #4 What is an "Efficiency Unit" in Orange County? • Maximum 800 sq.ft, heated space • Cannot be a mobile - home. I� • The efficiency unit shall remain in the same ownership as the primary residence. ORANGE COUNTY NMR)I CkROLINA Slide #5 Proposed Amendments • Change terminology to"accessory dwelling unit' (ADU). • Increase the allowable size to 1,500 sq.ft. OR 50%of the primary dwelling, whichever is greater. • Allow mobile homes to be ADUs • No changes to setbacks or other development standards ORANGE COUNTY �XIRTI I CAROLINA 18 Slide #6 Why Is Staff Proposing the Change? To serve stated Orange County and Aging goals AM '"16 d wt 4 ORANGE COUNT? .7X)FMI C-AMNLLNA Cy Stober said the primary service of the proposed text amendments is to serve Aging goals for people who want to age in place, have multi-generational living, and the ability to retire into a smaller dwelling without giving up the primary dwelling. He said the Housing Department goals allow for more flexibility for residential homeowners to realize secondary homes on their property as rental opportunities or to allow family to reside on the property without having to go through the subdivision process, which can be burdensome. Slide #7 AD11s Are Good For People and PFaces •ra.o,r�.-ate +,b:o,fka r,ur.rr ..ri9xr•h�. by Is Staff xrr p.'.mbrM. :.d.pn r�aasi ''�imar���•• �nascwm4 Jhfr�r 1vN � y_„1,:,. (� Proposing the .I.vara Yln._LL.rIW u..u�g4r 4���w ..���rar:�r• ••�Ti wrd4 .!1•a o1M I.RF+.+ '�T�+_tirt� �4�TTTT nM.tywr.r Wva ��— .tla�..�Y#�aq-r Y..nlb'..rnR IW�IV.+'b//lfr4 a.wdulw.�ia� �+.hwy= �Y'<bJ, Frrimrt�v�5 *..w ri+�/w. :wur.y'yrrar i1�Ir,..Rrr ��:��I.WRr�Nr� .+ti wnr=etr..r •++•ter•• � 1 'r*ISY uuuin hWPEFiwwr 3.3 phh ORANGE COUNTY . w NORT]I lAR13LLNA 19 Cy Stober said ADU's are an economical housing option. He said they often serve the compatibility of the community and will be consistent with the zoning district they reside on. He said ADUs don't require subdivisions while enabling a greater residential occupancy and property- owner utilization of their properties to increase rental and ownership options. He said ADUs appeal to residents of all ages and greater appeal to come to the county. Slide #8 Staff Analysis & Recommendation ommendation • Planning Director recommends approval of the text amendments, as presented, to rename "Efficiency Units" "Accessory Dwelling Units", and revise standards. • Planning Director recommends approval of, The Statement of Consistency that the amendments are reasonable_in the public interest, and serve Housing Elament Goals t & 4 (Attachment x); and — The proposed ordin@nceto amend UDO§§ 3.3,5.5.1, 5.5.3, 5.5.5.6.9,& 10-1 (Attachment 2)- ORANGE COUNTY NX)W 7I CARLM-INA Slide #9 Planning Board Recommendation • Planning Board Ordinance Review Committee reviewed proposed amendment at its October 5, 2022 meeting. • Planning Board reviewed proposed amendment at its December T, 2022 regular meeting - Voted 6-3 to recommend approval of the rezoning application. * Attachment 3 features approved meeting minutes and signed statement of consistency. ORANGE COUNTY .L.X)W-7I C_iAL3.LLNA 20 Slide #10 Recommendation for Tonight The Manager recommends the Board: 1. Conduct the pubii❑hearing and accept the Planning Boardlstaff recommendations and public comment; Public hearing was advertised as reculred by State and local laws 2- Close the public hearing; 3. Deliberate as desired; and 4. Vote to approve the Statement of Consistency (Attachment 1)and Ordinance Amending the Unified Development Ordinance(Attachment 2), as presented. OR Vote to deny the staff-initiated text amendment, due to a stated reason that the fequest is inconsistent with the goals and objectives of the Orange County Comprehensive Plan. pR.AM-F I:UUN T Y .IL Y.J II I-rL IAN.5 Slide #11 Questions from Commissioners Public Comments ORANGE COUNTY NX)Wn I CAWMINA Commissioner Greene clarified that if there was a 4,000 square ft. dwelling, the ADU could be 2,000 square ft. Cy Stober said yes. Commissioner Hamilton said the ADU could be bigger than the primary dwelling. Cy Stober said if a larger dwelling were to be built on property with an existing dwelling, the existing dwelling would then have to be operated as the accessory dwelling unit. Commissioner Hamilton asked if there should there be space requirements for parking, since ADUs can potentially hold many people. Cy Stober said the same parking standards would apply based on bedrooms per dwelling unit. He said the occupancy of the dwelling would be based on the utility capacity and Environmental Health requirements. Commissioner Hamilton said this isn't clear from the amendments here. Cy Stober said staff will follow up with another text amendment to make that clear. Vice Chair McKee asked if impervious surface requirements would still be in effect. 21 Cy Stober said yes. Commissioner Richards commended the Planning and Inspections Department for this staff-initiated recommendation. She said everyone is struggling with how to provide affordable housing and meeting aging needs. To summarize the changes she said there's a change in the name of the type of unit, there's a change in the size limitation, but all other zoning and other requirements will still be in effect. Cy Stober said that's correct. A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to open the public hearing. VOTE: UNANIMOUS PUBLIC COMMENTS: Delores Bailey, Executive Director of EmPOWERment, Inc. and member of the Orange County Planning Board. She said the changes proposed are great. She said it's wonderful because there is a large 1,200 unit gap in affordable housing. She said ADU's are a great way to close the gap and allow parents to age in place. She said she absolutely supports mobile homes being considered ADUs. She said when it starts out, it's a great plan. She said she gets concerned about whether or not other property owners will do the right thing with their newly extended space. She said she is also concerned about impervious surfaces. She said this is a great idea, but most importantly, she wants to make sure the right thing is done once this moves forward. A motion was made by Vice Chair McKee, seconded by Commissioner Hamilton, to close the public hearing. VOTE: UNANIMOUS Commissioner Greene said she thinks these amendments are thoughtful and appreciates the work. Chair Bedford said she appreciates the Planning Department for initiating the change. A motion was made by Vice Chair McKee, seconded by Commissioner Richards, to approve Statement of Approval and Consistency (Attachment 1) and UDO Amendments (Attachment 2). VOTE: UNANIMOUS b. Unified Development Ordinance Text Amendment — Final Subdivision Plat School District Signature Block The Board held a public hearing, received the Planning Board/staff recommendations and public comment, closed the public hearing, and considered action on County-initiated amendments to the Unified Development Ordinance (UDO)to remove the requirement in Section 7.13.3 (F)(3)(g), the school district signature block on final subdivision plats. BACKGROUND: Subdivisions that follow the traditional or major subdivision review process have to receive several signatures before recording the final plat. Orange County currently requires signature by the relevant school system, per the language found in Section 7.13.3 (F)(3)(g) of the UDO. Research into the plat certificate requirement has shown that the requirement was added to Orange County's former Subdivision Regulations as a small portion of a multi-part amendment 22 to the Subdivision Regulations in the year after Schools Adequate Public Facilities Ordinance (SAPFO) amendments were added to the former Zoning Ordinance. Agenda materials and minutes from that time do not speak directly to the addition of the plat signature block, other than a statement found in minutes made by previous staff that the signature block addition was"needed for SAPFO." None of the municipal SAPFO signatories amended their regulations to require this plat signature block and, as evidenced in Attachment 4, this requirement is not supported by Orange County Schools. Both school districts require CAPS (Certificate of Adequate Public Schools) issuance as part of the subdivision review and approval process, in compliance with the adopted 2003 SAPFO and its accompanying Memoranda of Understanding, independent of the plat signature. The school districts' staff (OCS and CHCCS) keep their respective elected boards apprised of CAPS issuance through regular staff reports, which would remain unchanged. Planning staff recommends that the signature block be removed as a subdivision plat recordation requirement to remove an unnecessary and time-intensive step for subdivision plat approval. The approved CAPS will remain part of the subdivision application package and a criterion for Planning staff approval of the plat for recordation, and will be maintained by Planning staff with the subdivision request file. The proposed amendment does not have any impacts on the school districts' reporting of enrollment figures and will remove an unnecessary step from plat approvals in the unincorporated areas of Orange County. Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement with the Towns of Chapel Hill and Carrboro, the amendment package was sent to the Town planning staffs on August 30, 2022. To date, Orange County staff has not received any comments from the Towns. Planning Board Recommendation: At its December 7, 2022 meeting, the Board voted 8-1 to recommend approval of the Statement of Consistency and the UDO amendment package. Draft minutes and the signed Statement of Consistency from this meeting are included in Attachment 3 and meeting materials are available at: https://orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 12072022-1685 Prior to making its recommendation, the Planning Board had reviewed the materials in an "Ordinance Review Committee" meeting on October 5, 2022. Materials for this meeting are also available at: https://orangecountVnc.gov/AgendaCenter/ViewFile/Agenda/ 10052022-1647 Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the text amendments are reasonable and in the public interest, as contained in Attachment 1. 2. Amendments to the Unified Development Ordinance (UDO), as contained in Attachment 2. Cy Stober, Planning and Inspections Director, made the following PowerPoint presentation: 23 Slide #1 ORANGE COUNTY NORTH CAROLINA UDO Text Amendment Final Plat School System Signature Block Pubic Hearing January 17, 2023 Slide #2 What is the Final Plat School System Signature Block? • Major& minor subdivisions require signed approvals from varied entities School system approval is currently required ORANGE COUNTY ^k}K171 i_SRVLI[iA Slide #3 What is the Final Plat School System Signature Block? COUNTY P' .-J41NJL[NA 24 Cy Stober said these are land use instruments regarding the use and division of land, but currently the UDO requires school system approval prior to recording. Slide #4 What is the Purpose of the Amendment'? • Unnecessary step for subdivision plat dim approval .� .� • Simplify the plat recording process = y • Retains all required ... .. .,-� ��,-'....�.�..�.-�,�....�__.. certification and reporting elements off W PFO & MOU , AHKGhMerR+ _ ORANGE COUNT' wk7M I C_'%RL1LLNA Slide #5 - — - - hllJ.lh ingd.naAl._M�oY.� Loh.r.oMa+4h. ftyL" �ci M.�I��✓✓ =nadu+7 wgw'+..f ah. __...._. h _.. �nlwdCar.ol�b.+oROEn 7k��G000lAm;�Pkft;La4ir...�rd rvodal fla Lw.Y.AnJtl.uv{...�f Yw la b.q. mM i 1- i�_Ir...u..�a(wuJJ�crJCr.FW tlw.Crc.R1�l �� a�.r� �I L..III..IY4S4,�4s�+r•7•.�14h1 LL���YhC!'4X{]lCM1S?1 I �.lP�y.IfY F � IY.�dA�dbr{a.wlF�rx1 ed�vn. f.�dLA. .IJR.1er Cm.rwr Yti.i_a.R* rr._tmdrh�mo- rra�wnr LaY�etlall�h.i.f.F.4! ykura } - 1 --- .+L....p Y.rwar FM! — �.r,rr...�.r•.rr �r�mer..e..w•�.nr.rdr,� _r.Tp I--P.- d fc I I� I...kPdI.tlrk-Ftr ORANGE COUNT' MOM I CAWD-LLLtih 25 Slide #6 s,na—, 6.hr ke el M.—gAcdn a-4ft d-A-1 iho 1 +�.M.�1��r✓ 1—e--j xbb'-�kn-d—�,bs„bn C—&-"Grrlk,v —3wd q.D..N.L. j Coro Ar-AGWdlw E..W—:d,.,�,�.d. %r.kM. xrr�A�,ory.•.__..__tl.+C.ee.RtYni L.IIIrr7Y4lrrn+.v�+W�w1�1441 NYcrax�Y rMndh.CxcW�r I ,d—.l.. Iwf.y YN.trAwaaFRA,d re..o.pr� t�+y �+ F IY,YfdA [dbr{wrglr.rw or FIT we• w-r �}�f 4rdL A�tim.�M�W 'Samt.s?M M1nInYVR1St P.w.FLmr M�..�m? 1.1•.lry�l7r' Il�erm4v4.n�'!��.FrivF"lo� .�� n[yR.y.N.M,�:�...�.n.�,.y..rr+•rte W�ti+N -,sadl-d-m W M.tr,a+tdrrr r-4'q n.e..lr-...lxrcdd M1d ma A+taw istd r—e. i� ;r _ ORANGE GOUN i !mot)EM I l i.M M-NA Cy Stober said SAPFO is required separately from the plat review process and the process for that will remain unchanged. Slide #7 Staff Analysis & Recommendation ommendaltion • Planning [director recommends apyroyaE of the text amendment, as presented, to effectively remove the schools signature block requirement. • Planning Director recommends approval of. - The Statement of Consistency that the amendments are reasonable,In the public Pnterest, ani1 serve Land Use Goal G (Attachment 1); and - The proposed ordinance to amend UDO 7.13.3(F)(3Xq)(Attachment 2)- ORANGECOUNTY NQWn I CARDLLNA 26 Slide #8 Planning Board Recommendation • Planning Board Ordinance Review Committee reviewed proposed amendment at its October b, 2022 meeting. • Planning Board reviewed proposed amendment at its December 7, 2022 regular meeting — Noted -1 to recommend approval of the text arrend meet. • Attachment 3 features approved meeting minutes and signed statement of consistency. ORANGE COUNTY .',X)R ]I C_ Mf LLNA Slide #9 Recommendation for Tonight The Manager recommends the Board: 1. Conduct the puhIIr, hewing and accept the Planning BoarcUstaff recommendations and public comment; • Publlc hearing was advertlsed as requlied by State and Kcal laws . Clew the public hewing; 3, Deliberate as desired; and 4. Mote to approve the Statement of Consistency (Attachmeflt 1)and Ordinance Amending the Unified Development Ordnance (Attachment 2), as presented. OR Vote to deny the staff-initiated text orneridment, due to a stated reason that the request is incorwsfslerit with the goals and ohjiertives of the Orange County Comprehensive Plan. ORANGE: C DUNTf hi{]R-n L CxsLl[il4 27 Slide #10 Questions from Commissioners Public Comments ORANGE COUNTY �X)R-']I LA W 1LINA A motion was made by Commissioner Fowler, seconded by Vice Chair McKee, to open the public hearing. VOTE: UNANIMOUS No one was signed up for the public hearing. A motion was made by Vice Chair McKee, seconded by Commissioner Hamilton, to close the public hearing. VOTE: UNANIMOUS Vice Chair McKee said, having been contacted by various people over the past 12 years, this signature requirement would often cause an unnecessary delay and he is glad to see this change. Chair Bedford said it was also inconsistent because Chapel Hill and Carrboro didn't ever ask the Chapel Hill Carrboro City Schools District to do this. A motion was made by Commissioner Fowler, seconded by Commissioner Greene, to approve Statement of Approval and Consistency (Attachment 1) and UDO Amendments (Attachment 2). VOTE: UNANIMOUS 6. Regular Agenda a. Allocation of $12 Million in Excess Fund Balance from FY 2021-22 through Budget Amendment#5-A The Board considered approving the allocation of $12 million in excess fund balance that was created by a budget surplus from FY 2021-22. BACKGROUND: At the end of FY 2021-22, the County has identified $12 million of fund balance that exceeds the County's 16% unassigned fund balance policy. This budget adjustment is 28 recommended by the County Manager to reduce the tax impact of increasing debt service while investing in both School and County capital needs. Reduce the Tax Impact of Debt Service The FY 2022-33 Capital Investment Plan and the Long Range Financial Model both anticipate the need to raise the property tax rate by one (1) cent in FY 2023-24 to fund an increase in debt service that persists over the next three years. This amendment would transfer$6,000,000 of the FY 2021-22 excess fund balance to a new Debt Service Fund to negate the need for a one (1) cent tax increase in FY 2023-24. These funds will be appropriated over the next three fiscal years to fund the scheduled spike in debt service during that time. The Capital Investment Plan currently includes the first tranche of borrowing for a general obligation bond to occur in FY 2026-27 when a tax rate increase may be required to fund related debt service. School Capital Reserve Fund The School Capital Needs Work Group has identified the need to diversify funding for School Capital. This amendment transfers $3,500,000 of the excess fund balance to the School Capital Reserve Fund to provide additional pay-as-you-go(cash)funding to the school districts.The funds will be used to pay for the upcoming School Capital Needs consultant, and the remainder will be allocated between the school districts based on FY 2022-23 Average Daily Membership. County Capital Reserve Fund This amendment allocates the remaining $2,500,000 to a County Capital Reserve Fund to provide additional pay-as-you-go(cash)funding for one-time or capital needs. The first use will be funding the upcoming Strategic Plan consultant. The remaining funds will be identified on future budget amendments to support other capital or one time spending needs. Travis Myren gave the following PowerPoint presentation: Slide #1 Agenda Item G.a. ORANGE COUNTY NORTH TH AR LINA Approval of an Allocation Framework for the FY2021 -22 Financial Results Board of Orange County Co ati-5sroners January IT, 023 29 Slide #2 Purpose onsiderapproving the allocation of 12 million in excessfund balance available at the end of FY2021-22 — Actual revenrues outperfnrmad budgeted amounts — Actual exp&nfillures under budgeted amo,ints — Acti eves 16%unassigned fund balance policy ORANGE COUNTY wk1FCf]I C_iROLINA Slide #3 the Context for the FY2021 -22 Budget Recoviary and QpUrnism Financial Challenges 7%general fund revenue + Inflation growth — Twenty year hip * Added staff oapacityand * Labormarket enhanced sallary schedules in — Hio turnover Emergenoy Services and — Upward pressure on wages to SheNffs mice remain =Metitive Transition of AR PA funded services to General Fund ORANGE COUNTY .,X)Wn I CAROLINA 30 Slide #4 FY2021-22 Year End Results BudgettoActual Notable Variances ProparrThe 33 3CU U]a r 997%$upflewd and 99.4%Aclual CUL30ion Rai • GvMinued Strvrq ftbTriame w MatvVehicles Sales Tie wW Mold Mirmleis COfeatlons 1 S9pCgd]a • AL4des 30, 40, ehnd 42 exceedad budget by 356 mihm rkre to uveas%in costs for taod antl basic goods duinLg Mgh ini'mriaq Period • HOW MI'MIPSS SUW Piwrlue wc%Wd FjDc1 t by 63 miion ftwwwd Chmgms rvrcp 1 i. Emergency Sertices Charges emeeeded hudgd by Ill milltn due to Maher usage Emse Smirp revenues exteetletl hudget tre S1 rellian due to rs'oxabie carnMG3ns in W housing mishel la FY 2022 ALlHGoe SevGnpe #2.160.046 Salary swags due Io higher Wmver and e�larwied%recanues ORANGE COUNTY .kL)W J I CAROLLINA Vice Chair McKee asked about the $9,000,000 difference in the Sales Tax and Hold Harmless Collections since the notes section cited the amounts $5.6 million and $3 million, which equal less than $9 million. Travis Myren said this was likely due to rounding. Slide #5 Sales Tax Illustration Sales Tax CollKlKu s tly Month ss.ex®x aA cx®x ii:57r'kG6EG i:ir#�pVG4G iL sac®x i1.M)"n 94x M U} SesesTas PduAGia Tar omwgx Agafide; S 4 me arn1 cMtW b17 Tr �.�,�.• �••r•r •..•. w• Irr 1r• ORANGE COUNTY .k4L)Wn I l_iROLLNA 31 Slide #6 Framework for Mid-fear Budget Adjustment Reduce TaxImpactof Debt Servtce FS 6AL .0m .• 1 cant Properly Tex lncr se ways p4o&w icr FY ZM-24 dam: to o+creased debt ss vlc• -. Funft mmfsdrad rlitp now D*m Ssndc* Funs wd Ohot W Iml;;Kl v erlhre*F�Karyews :SChocl&V nlRM6rVe $ 3,504,.000 + 58%of remaining$6 million + ConsisteotwrthlOyearcapiteiiuningtargei + Fund Schaal Cepidel Faciity Naede Coneultara + Rem indwellccatedd_! memberdip CauriiyCap3talfli enre 5 2.50D.000 42%of Remaining$6lnian Fund Straiegir;Plan ConeultasA Rernamderto find one-&m wcapi-W expendyWres GRAND ORANGE COUNTY `k]Wn I LAWN-INA Slide #7 Debt Service Fund Plannf*d Debt$ervlce k2venues and Expenditures Sa6 Id 1 12 Cent T1K i9CiPase ,.r.o14M for FY 2720-2Fra SA-1 dui F:W EI-ind RaVendum #�3k1 �radad++vae�s6-ra r9 rnlron gsplllled � by one-time reNenue WD!d 536 M a Debt-9"os daaaase�briak in FY 29 am FY 23 b9ffe peaking WON ar$49 011kiR rn FY 33 S34 id FY IDn,7A xY 2024.25 Pw 2cm_- r, FY 2d33-2T FY 210-29 .Furdrug For Oew a"ice —w—Dew sennee f�wrnenls ?RANGE COUNTY ` R-n I CAW?L[NA 32 Slide #8 Recommendation • Approve Budget Amendment#a-A for Fisoal Year 2022-23 to allocate$12 million in excesslund balance to the fallowing funds- - 56 million to create and fund a new Det}t Reserve Fund- - SIS millort to tho Sehool Capltal Reserve Fund: — 52.5 m�ion to the County G-apitaa R eserve Fund, ORANGE COUNTY hA7Wn I C_tROLINA Commissioner Fowler said she sent an email to staff asking if money can be moved between the categories. Travis Myren said it would require a Board amendment, but they could do that. Vice Chair McKee said he appreciates staff bringing this forward, especially the $6,000,000 to alleviate future need for property tax increases. Chair Bedford asked if the$6,000,000 would not all be appropriated for the next fiscal year but rather spread out. Travis Myren said it would be spread out. A motion was made by Commissioner Greene, seconded by Commissioner Fowler, to approve Budget Amendment#5-A for Fiscal Year 2022-23 to allocate $12 million in excess fund balance to the following funds: • $6 million to create and fund a new Debt Service Fund; • $3.5 million to the School Capital Reserve Fund; and • $2.5 million to the County Capital Reserve Fund. VOTE: UNANIMOUS b. Community Climate Action Grant (CCAG) — FY 2022-23 Project Selection for General Applicants and Schools The Board received the grant project funding recommendations from the Commission for the Environment (CFE) and the Human Relations Commission (HRC) for the FY 2022-23 Orange County Community Climate Action Grant Program and considered approving funding for the recommended Community Climate Action Grant projects for FY 2022-23 as outlined in the provided report. BACKGROUND: As part of the FY 2019-20 budget, the Board of Orange County Commissioners (BOCC) created the Orange County Climate Action Fund dedicated to accelerating climate change mitigation actions in Orange County. This decision was motivated in part to help the County meet the climate change mitigation goals set by the Board in recent years: 33 • Reduce greenhouse gas emissions community-wide by 26 percent by 2025 (from 2005 levels). • Transition to a 100% renewable energy based economy by 2050. For the 2022-23 funding cycle, $550,150 in funding was budgeted to support climate action projects that will benefit Orange County residents both socially and financially. Following the direction of the Board of Orange County Commissioners (BOCC), the process for soliciting and selecting projects to receive funding was conducted through a formal Community Climate Action Grant (CCAG) program. For this grant cycle, the BOCC reserved half of the total funding for this grant program ($275,075) to be awarded to projects submitted by either of Orange County's two public school districts. The remaining half($275,075) was to be made available to all other eligible general applicants in this round. The Community Climate Action grant program received seven (7) applications in this round from a variety of general applicants representing non-profit and public organizations whose total requests add up to $585,873. No private sector applications were received. One (1) project, totaling $368,000 was submitted from the Chapel Hill Carrboro City School district. Grant applications were completed over the summer and reviewed and scored by the Commission for the Environment (CFE) and the Human Relations Commission (HRC). In fall 2022, each of these Commissions voted to forward their final scoring and comments to the BOCC. The following is a rank-order summary table of the combined project scoring and recommendations. More details on each project are available in Attachment 1: Total Rank* Project Applicant Funding Recommended Running Score Out of 7 Requested Funding Level total Out of applica_ 26 isI tions General Applicants: Habitat Rooftop Habitat for $112,000 $100,000 $100,000 24.2 1 Solar Humanity Rebuilding Weatherization Together of $150,000 $25,000 $125,000 23 2 the Triangle Food Waste Eno River Farmers $4,500 $4,500 $129,500 21.8 3 Monitors Market 203 Solar Project Town of $89,243 $40,575 $170,075 17.1 4 Carrboro Fleet Town of Electrification Chapel Hill $74,600 $50,000 $220,075 17 5 Pilot Solar Roof The $134,664 $55,000 $275,075 15.8 6 ArtsCenter 34 Refillable Water The $20,866 $0 $275,075 10.9 7 Bottle Station ArtsCenter Total Requested by General Applicants: $585,873 $275,075 $275,075 (Funds available: ($275,075) School Applicants: Emission Reductions Chapel Hill HVAC Through Carrboro g City Schools $368,000 $275,075 $275,075 19 1 Replacements Total Requested by Schools $368,000 (Funds available: $275,075) * All projects were placed in rank order by CFE and HRC voting. Amy Eckberg, Sustainability Program Manager, gave the following PowerPoint presentation. Slide #1 ORANGE COUNTY NORTH CAR LINA Community Climate Action Grant (CCAG) Project Selection FY - 3 January 17, 2023 Amy Eckberg thanked the Commission for the Environment and the Human Relations for their work in scoring the projects and their insightful comments. 35 Slide #2 Community Climate Action Grant Background • '/<cent property tax for climate action approved for FY 19-20 Budget • First year projects run by County entities • FY20-21 and future projects open to community through grant program • Projects prioritized with Social Justice and Racial Equity benefits • Community focus (not operations) Slide #3 CCAG Eligibility Guidelines • Non-profits, public entities, and small businesses • All funds spent in Orange County • Must have legal standing to receive funds • Ongoing projects eligible if expanding ❑r accelerating • Replacement and repair projects are eligible if not likely to be funded within 5 years Slide #4 CCAG Scoring Criteria • 26 point scale • Social Justice and Racial Equity(6pts) • Emissions reduced(4 pts) • Efficient use of Funds (4 pts) • Capacity of Applicant(3 pts) • Local Economic Development(3 pts) • Amount and Duration of Engagement(3 pts) • Time to complete(3 pts) 36 Amy Eckberg noted that an additional point was added to the Social Justice and Racial Equity category last year. She said this was done because social justice and racial equity is the point of the program. Slide #5 CCAG Projects To Date: .. FY 19-24 µ; Supple{r+rnkal swahxullarr LED Light Campo:gn WrrTRIe Scam far Sc]wads FY20- 1 W31er Heap Replace -Est (:4r.p Vivvh R*srrrvgM2 4%WSgI;Ir S*iv rn Afrord*t#HaN*It Komn Cedar Fats Perk LED Light GEMWuwn SC4WpowW�rd6VC W9Ih�51db6n ,{Fh {MECREEN pE EVaR P area 2a;ting ram am T ] m�xa swrts rxrt CWnpol Toonitarl Sofas p nels end green rco# EV bikq rack bid c?wging#1aGah Law inmffm HVACrapa€amEct NevhborhwdEkr9k R-asillrrxy program 3DtW rar sci►ocRs Slide #6 Fly 22-23 Community Climate Action Graft — Timeline Summer 4 2022 January 2023 a : • Applicati on HRC Review Approval id Open 37 Slide #7 Fly 22-23 CCAG Summary Table .I L WblalrV W1mT4 1147 WO WO.M0 51M M V. I "bJl*q TgrhRcl 31SDMD 525 FY1p 6125013 23 7 tr9 Tna OL EmAnoFaimail MAW 541W M74"W 716 Luipm Tmm al rAmm,D 5GELM3 MR175 MITUR 4 171 TOM 01 ChWOHI 57L.WD 4'_O.WO W20071 17 Tno 4m CaMi D34 BU 1E5.1)111) -12YEp7F 159 5 I'll?Q5 CM141 62O 95e Eh L27E VE 1U9 F 'Irl Pa.exo-a 1• iFuw4.lwek %Dan rr3 447EM 327!JP17 rw• i ChWd el FCmabit 6Y,S[hadc tMEL MO 4275O75 1275AYS 1G ota�F+equeebd:r 8choKo-dFud-s 1WRWO midwa i:TP 0— Commissioner Richards asked how the grant opportunity is being advertised. Amy Eckberg said it's advertised on the website and she recently started a newsletter that will help show the grant dollars in action. She said the newsletter will come out every quarter. She said she hopes to do more this coming year with social media and to tell the story of the grant dollars in action. Commissioner Richards said she is wondering how to get the word out so that the applicants are more diverse. Amy Eckberg said that she will continue to work on that in consultation with the marketing team. Commissioner Fowler asked how the habitat and weatherization decisions for funding were made. Amy Eckberg said the advisory boards reviewed the previous funding and noted that Rebuilding Together of the Triangle had received over$100,000 each year for two previous years and the organization is still spending down the balance. Commissioner Hamilton said she appreciates the presentation and said it's becoming clearer each year. She asked if there is a way this can include an estimate of how the funds reduce greenhouse gas emissions. Amy Eckberg said yes and that a lot of projects haven't come full circle. She said it's currently difficult to estimate greenhouse gas emissions reduced, but as the program continues, it will be easier. She said there are estimates on the applications, but since the projects aren't finished, she's hesitant to share the data. Commissioner Hamilton said it would be interesting to see the estimate compared to the actuals and she would like to see those. Chair Bedford said she sent emails with three questions. She said she asked about the 203 Solar Project. 38 Amy Eckberg said last year the project received $40,000 and this year they received an additional $40,000. Chair Bedford said asked if the Arts Center can do anything with the amount received. She said the committees are evaluating if they can do smaller arrays and also reapply in coming years. She said the Fleet Electrification Pilot is focused on an electric garbage truck. She said it was interesting that Chapel Hill got a grant to cover half the cost and it will be great to use this as a pilot to see if more of these are wanted going forward. Chair Bedford said she saw Mayor Weaver today and encouraged the Town of Hillsborough to apply. She said they will be applying in the future once they complete their Climate Plan. Commissioner Greene thanked Amy Eckberg and the advisory boards for their work on this. She said the quarter center tax allocation was hard to get in place, but she thought it could do exactly what it's doing now. Chair Bedford said it would be nice to share CHCCS's application with Orange County Schools so they can review it when they apply. She said she knows they have staffing restraints, etc. and having the application could be helpful. Amy Eckberg said the Commission for the Environment will also be strategizing over the coming months for how to include both school systems. Vice Chair McKee said, as someone who was wary of the tax increase when it first came about, he's happy with how the process has evolved and is glad he got out-voted. A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to approve funding for the recommended Community Climate Action Grant projects for FY 2022-23. VOTE: UNANIMOUS c. Orange County's Proposed 2023 Legislative Agenda The Board reviewed and discussed the proposed Orange County 2023 Priority Legislative Issues and any other potential items for inclusion in Orange County's legislative agenda package for the 2023 North Carolina General Assembly Session; and considered approval of the Orange County 2023 Priority Legislative Issues document for submittal to Orange County's legislative delegation. BACKGROUND: Orange County's Legislative Breakfast with Orange County's legislative delegation, in conjunction with the 2023 North Carolina General Assembly session, is scheduled for February 27, 2023. The Board of Commissioners has historically approved a set of legislative issues each year for presentation to/discussion with the delegation. Based on a North Carolina Association of County Commissioners' (NCACC) request in summer 2022 for proposed 2023-24 statewide legislative goals, Commissioner Anna Richards and former Commissioner Renee Price worked with staff on a proposed 2023-24 legislative goals resolution/package. That proposed resolution was then presented to, and approved by, the BOCC in September 2022, and subsequently submitted to NCACC for consideration as part of the organization's 2023-24 Legislative Goals process. With minimal time having passed since the Board approved the September 2022 legislative goals resolution submitted to NCACC, and based on direction from current BOCC Chair Jamezetta Bedford and previous Chair/former Commissioner Price, staff has reformatted the content of the approved resolution into the attached document. It is proposed that the attached document, as may be amended, be approved and presented to Orange County's legislative delegation for the February 2711 Legislative Breakfast meeting. 39 The September 2022 resolution submitted to NCACC highlighted eight legislative issues, all of which are reformatted into the proposed attached document for Board consideration. Greg Wilder, Assistant to the County Manager for Legislative Affairs, reviewed the background information for the item. He said due to the short amount of time that has passed since the approval, staff has reformatted the items for submittal to the legislative delegation. Commissioner Fowler said she would like to add bullet points to a couple of categories. Under Mental Health & Behavioral Health Services, she asked to add: • Increasing innovation waiver slots more aggressively to meet the Olmstead Act requirements; and • Increasing pay for nurses and direct support staff. Under Racial Equity in Criminal Justice, Commissioner Fowler asked to add: • Decompression of the Juvenile Justice salaries. A motion was made by Commissioner Fowler, seconded by Commissioner Greene, to approve the Orange County 2023 Priority Legislative Issues document for submittal to Orange County's legislative delegation with the suggested amendments by Commissioner Fowler. Commissioner Greene said she hopes they will be more favorably received by the legislative delegation than the reception by the NCACC. VOTE: UNANIMOUS 7. Reports None. 8. Consent Agenda A motion was made by Vice Chair McKee, seconded by Commissioner Hamilton, to approve the consent agenda. VOTE: UNANIMOUS a. Minutes The Board approved the draft minutes for the November 15, 2022 and December 5, 2022 BOCC Meetings as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board approved a resolution to release motor vehicle property tax values for three (3) taxpayers with a total of three (3) bills that will result in a reduction of revenue. c. Property Tax Releases/Refunds The Board approved a resolution to release property tax values for ten (10)taxpayers with a total of fifteen (15) bills that will result in a reduction of revenue. d. Late Applications for Property Tax Exemption/Exclusion The Board approved a resolution for three (3) untimely applications for exemption/exclusion from ad valorem taxation for three (3) bills for the 2022 tax year. e. Advertisement of Tax Liens on Real Property The Board accepted the report on the amount of unpaid taxes for the current year that are liens on real property as required by North Carolina General Statute 105-369 and approved and authorized the Chair to sign the Order setting the lien sale advertisement on or about March 22, 2023. 40 f. Fiscal Year 2022-23 Budget Amendment#5 The Board approved the budget, grant, and capital project ordinance amendments for Fiscal Year 2022-23 g. Resolution Supporting Compression Increases for Division of Juvenile Justice and Delinquency Prevention Detention and Youth Development Center Staff The Board approved a Resolution Supporting Compression Increases for Division of Juvenile Justice and Delinquency Prevention Detention and Youth Development Center Staff. h. Removal of Appointee from the Orange County Housing Authority Board The Board approved the removal of Tammy Jacobs as an appointee to the Orange County Housing Authority Board. i. Microsoft Office 365 Contract and Approval of Budget Amendment#5-113 The Board approved the purchase of Microsoft Office 365 subscription licenses from Software House International Corp., for $403,195.97 paid annually (NC State Contract #208C) using the County Attorney's contract template; approved the associated Microsoft Volume Licensing Enrollment Agreement which was originated by the vendor and is in line with industry standards while meeting policy requirements and legal sufficiency; and approved Budget Amendment#5-B. j. End Point Protection — Managed Detection Response CrowdStrike Contract The Board approved and authorized the Manager to sign a one-year contract with Carahsoft Technology Corporation (Carahsoft) and CrowdStrike in the amount of $112,965 to move 1,500 devices, e.g., computers and servers, from the currently deployed Carbon Black endpoint protection to CrowdStrike end point protection, with the addition of a vendor initiated managed detection system. k. Ratification of Manager Signed Intergovernmental Agreements The Board acknowledged and ratified various intergovernmental agreements signed by the Manager as previously authorized by the Board of Commissioners. 9. County Manager's Report Travis Myren mentioned that the Retiree Recognition has been moved to the Information Item portion of the agenda. He said the mid-year smart goal update is included as an information item. He said that he expects a contract to be brought forward in February. Commissioner Richards asked what recognition the retirees get by moving this to an information item. Travis Myren said they get recognition offline and it also goes into the minutes. Chair Bedford said the Retirement Recognition was paused during COVID, so the recognition was brought to the meetings. Commissioner Richards thanked Travis Myren for the mid-year updates to the SMART Goals. She said she thought staff did a good job tying them back to the Board goals. She asked if she can call Travis Myren to ask questions. Travis Myren said yes and recognized Kirk Vaughn and the budget team for their work. 10. County Attorney's Report John Roberts said there is one legislative goal brought back from last year and that is the Appeal for Dangerous Dogs. He said that Senator Meyer is working on a statewide statute on dangerous dogs. 11. *Appointments None. 12. Information Items • December 13, 2022 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis 41 • Tax Collector's Report— Measure of Enforced Collections • Tax Assessor's Report— Releases/Refunds under$100 • SMART Goals FY 2022-23 Winter Update • Memorandum - Recognizing Retirements from October 1, 2022 through December 31, 2022 • Memorandum - Orange County Transportation Services Annual Update 13. Closed Session A motion was made by Chair Bedford, seconded by Commissioner Fowler, to enter in to closed session at 9:01 p.m. pursuant to North Carolina General Statute § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and to discuss the potential settlement of the national opioid litigation as it relates to Defendants CVS, Walgreens, Walmart, Teva, and Allergan" and, pursuant to North Carolina General Statute § 143-318.11(a)(6) "to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee" and to approve closed session minutes. VOTE: UNANIMOUS A motion was made by Commissioner Richards, seconded by Commissioner Hamilton, to reconvene into regular session at 9:27 p.m. VOTE: UNANIMOUS 14. Adjournment A motion was made by Commissioner Fowler and seconded by Commissioner Hamilton to adjourn the meeting at 9:27 p.m. VOTE: UNANIMOUS Jamezetta Bedford, Chair Recorded by Tara May, Deputy Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.