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HomeMy WebLinkAboutAgenda - 03-07-2023; 8-a - Minutes 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 7, 2023 Action Agenda Item No. 8-a SUBJECT: Minutes DEPARTMENT: Board of County Commissioners ATTACHMENT(S): INFORMATION CONTACT: Draft Minutes (Under Separate Cover) Laura Jensen, Clerk to the Board, 919- 245-2130 PURPOSE: To correct and/or approve the draft minutes as submitted by the Clerk to the Board as listed below. BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. Attachment 1: February 7, 2023 Business Meeting FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board approve minutes as presented or as amended. Attachment 1 1 1 DRAFT MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 BUSINESS MEETING 5 February 7, 2023 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Business Meeting on Tuesday, February 9 7, 2023 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC. 10 11 COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice Chair Earl McKee, 12 and Commissioners Amy Fowler, Sally Greene, Jean Hamilton, and Anna Richards 13 COUNTY COMMISSIONERS ABSENT: None 14 COUNTY ATTORNEYS PRESENT: John Roberts 15 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 16 Travis Myren and Clerk to the Board Laura Jensen. (All other staff members will be identified 17 appropriately below) 18 COUNTY STAFF ABSENT: 19 20 Chair Bedford called the meeting to order at 7:00 p.m. All commissioners were present. 21 22 1. Additions or Changes to the Agenda 23 24 Chair Bedford read the public charge: 25 The Board of Commissioners pledges its respect to all present. The Board asks those 26 attending this meeting to conduct themselves in a respectful, courteous manner toward each 27 other, county staff and the commissioners. At any time should a member of the Board or the public 28 fail to observe this charge, the Chair will take steps to restore order and decorum. Should it 29 become impossible to restore order and continue the meeting, the Chair will recess the meeting 30 until such time that a genuine commitment to this public charge is observed. The BOCC asks 31 that all electronic devices such as cell phones, pagers, and computers should please be turned 32 off or set to silent/vibrate. Please be kind to everyone. 33 34 2. Public Comments (Limited to One Hour) 35 a. Matters not on the Printed Agenda 36 37 There was no one signed up to speak on matters not on the printed agenda. 38 39 b. Matters on the Printed Agenda 40 (These matters will be considered when the Board addresses that item on the agenda below.) 41 42 3. Announcements, Petitions and Comments by Board Members 43 Commissioner Greene said she attended a GoTriangle meeting on January 25th. She said 44 the auditors gave their annual report and GoTriangle had the best audit in recent memory. She 45 also said there is discussion on returning to fares in the next fiscal year beginning July 1St, but 46 GoTriangle will engage in an equity study to determine the best way to do that. She also attended 47 a special GoTriangle meeting on February 1 at, to hear from bond council and potential financing 48 options for GoTriangle as an entity to issue debt when it comes time for the commuter rail planned 49 between Durham and Raleigh. She shared that she was very impressed by the knowledge of the 50 presenters. 2 1 Commissioner Hamilton said she attend the Board of Health meeting on January 25th 2 where she learned of the Health Department's successful accreditation. She congratulated 3 Quintana Stewart, Health Director, and the entire Health Department for their effort. On January 4 31St she chaired the Solid Waste Advisory Group meeting and received a presentation on the 5 community survey that was conducted as the Solid Waste Department prepares for its new 6 strategic plan. She also said she attended the Strategic Communications Committee meeting on 7 February 3rd and she has some ideas for enhancing communication between the county and 8 residents. She said the Capital Needs Work Group will meet February 15th and will pick up the 9 work started last year. She announced the Schools Safety Task Force is starting up this month 10 as well. 11 Commissioner Richards shared that February is American Heart Month, and she is 12 wearing red today for awareness. She said heart disease kills women at a higher rate than all 13 cancers combined. She said there are a number of campaigns this month at CVS and other drug 14 stores for a free evaluation. Commissioner Richards shared that she was wearing African print at 15 the meeting in honor of Black History Month. She said the Seymour Center had an opening for 16 an art exhibit on February 3rd by an artist called Black Butterfly. She said the work was done in 17 crayon and will be there for February and March. She also went to The Chamber for a Greater 18 Chapel Hill Carrboro's annual meeting on February 31d, and also the ribbon-cutting for Perry Place. 19 She said it is a beautiful low-income housing option with 24 units in Chapel Hill and 24 in Carrboro. 20 She said she also had the opportunity to attend the OWASA Solar dedication at Cane Reservoir. 21 Lastly, she attended Orange County Partnership for Young Children, and their program numbers 22 are down due to lack of staff and transportation. She also shared that the Economic Development 23 Department is introducing a new online system for small businesses called Size Up. It includes 24 information about the market, competition, what to do to build and grow a business, etc. She said 25 it will be a great resource. 26 Chair Bedford said she was also at the ribbon cutting for Perry Place on Friday with 27 Commissioners Greene and Richards. She said a young man she knew as a seventh grader 28 years ago was awarded an apartment. She said these are CASA apartments and a portion will 29 be reserved for people with disabilities. She said she also attended the SWAG meeting with 30 Commissioner Hamilton, and was also at the OWASA Solar dedication with Commissioner 31 Richards. She said this was for an acre of solar arrays to pump water from Cane Creek Reservoir, 32 up to Jones Ferry Rd. where it is processed. 33 Vice Chair McKee said he attended the White Cross Fire Department Board of Directors 34 meeting this past Thursday night for the purpose of passing a resolution for the purchase of 35 additional personal protective equipment. He said this type of loan has to go through a specific 36 state-designated process that requires a county commissioner that serves as a link to the fire 37 departments to be in attendance. He said the department will come to the Board in the spring for 38 a budget request to move forward with the purchase. He shared that he spoke to the Extension 39 and Community Association of Orange County on Saturday. Vice Chair McKee said this group 40 has evolved over the past 100 years and may have been referred to as the Home Demonstration 41 Club by their grandmothers, and the Home Economics Club by their mothers. He said they have 42 a long engaged history in the community of bringing new ideas to the rural part of the county, and 43 the urban parts to some extent. He said the theme of the day was Remember, Reconnect, and 44 Rekindle, and it was an enjoyable event. 45 Commissioner Fowler said she attended the Alliance Health Quality Management 46 Committee, the Alliance Health County Commissioner meeting, and the Alliance Board of 47 Directors meeting on February 2"d. She said they are continuing to work towards their tailored 48 plan implementation which will go live in April. She also said that all of the LMEs across the state 49 are trying to contract with hospitals, which has been the major sticking point. Leadership at the 50 County Commissioner meeting announced that their main push with the North Carolina General 51 Assembly is to work on Medicaid expansion. Commissioner Fowler said she also attended the 3 1 Chamber of Commerce meeting on February 31d and they reported a large increase in 2 membership. Later that day she also attended the Juvenile Crime Prevention Council meeting, 3 and the programs are starting to have increased referrals now. Finally, on February 4th, she 4 attended the Legislative Breakfast on Mental Health. She shared that 61 counties have no 5 pediatric psychiatrist and 34 have no psychiatrist at all. She said that the Department of Health 6 and Human Service's goal this year is also Medicaid expansion, which would prevent closure of 7 rural hospitals and behavioral health care centers across the state. She said she it seems hopeful 8 that Medicaid expansion will finally pass this year. 9 10 4. Proclamations/ Resolutions/ Special Presentations 11 a. Discussion and Appointment for the Vacant Position on the Orange County Board of 12 Commissioners 13 The Board discussed nominees and made an appointment to the vacant position on the Board of 14 County Commissioners. 15 16 BACKGROUND: At its December 5, 2022 Business Meeting, the Board of County 17 Commissioners addressed the issue of filling the vacant District 2 seat on the Board, which 18 occurred on December 31, 2022. State statute requires that the Board consult the political party 19 with which the departing commissioner is affiliated. The Board decided on the following course of 20 action for filling the vacancy, which follows a similar process used for filling a previous vacancy in 21 2021: 22 • The application form for nomination was produced and advertised by the Clerk to the 23 Board Laura Jensen, after revisions were suggested by the Board of County 24 Commissioners. 25 • Applications for the vacancy were submitted to the Clerk to the Board by Friday, January 26 6, 2023, at 5:00 pm. Any individual wanting to be considered for the vacancy had to submit 27 an application. 28 • The Clerk's Office forwarded all applications to the Orange County Democratic Party and 29 BOCC members for review. In addition, the applications were sent to the Board of 30 Elections to verify eligibility of each candidate. 31 • The Orange County Democratic Party had until January 30, 2023 to review the 32 applications and provide a nomination/nominations to the Clerk to the Board and the Chair 33 of the BOCC. 34 • The BOCC agreed to consider the nominations and vote by ballot on an individual to fill 35 the vacancy at the February 7, 2023 BOCC meeting. 36 37 According to State statute, the appointment of a new Board member must be made within sixty 38 days of the vacancy. Otherwise, the Clerk of Superior Court shall make the appointment. Thus, 39 the BOCC has a deadline of March 1, 2023 to make an appointment. 40 41 The Clerk to the Orange County Board of Commissioners received applications from the following 42 individuals for the commissioner vacancy by the published deadline of 5:00 pm on Friday, January 43 6, 2023. Director of Elections Rachel Raper has confirmed that all of the applicants are registered 44 Democrats and reside in District 2, making them eligible for appointment to the vacant seat. 45 • Gail Corrado 46 • Horace Johnson 47 • Phyllis Portie-Ascott 48 • Brenda Stephens 49 0 Natalie Ziemba 4 1 On January 17, 2023, Gail Corrado formally withdrew her name from consideration for the 2 vacancy. 3 4 The applications from each remaining applicant are attached. Following the process used when 5 filling a previous vacancy in 2021, the applicants will each have two minutes to address the Board 6 prior to any action. Correspondence from the Orange County Democratic Party is also attached 7 regarding consideration of the applicants. 8 9 The person chosen by the Board of Commissioners will take the Oath of Office at the February 10 16, 2023 Board work session and begin service at that meeting. The selected individual will serve 11 until December 2, 2024, and a primary and general election will occur in 2024 to elect an individual 12 to serve a full, four-year term through 2028. 13 14 Chair Bedford invited applicants to give their two minute remarks. 15 16 Brenda Stephens greeted the Commissioners. She thanked them for the opportunity to 17 speak with them. She said she would like to share a few thoughts about her interest, experience, 18 and reason for pursuing a seat on the Board. She said it has been her life's work to lead by serving 19 others, first as a battalion leader in the Army, and her many years as regional director of the 20 Orange County Public Library. She said she has committed herself to the service of others, 21 initiating new strategies, offering solutions for how to work together, and using differences to move 22 forward. As discussed at the Democratic forum, one of her primary goals is bringing smart 23 economic development to the area to increase jobs and produce goods and services that enhance 24 the overall wellbeing of all citizens. Growing up and raising a family here, she said she has seen 25 great change in the area from technology to the town library and the lifesaving gift of access with 26 the opening of UNC Hospital's Hillsborough location. She said there are so many more success 27 stories, which some of those on the Board approved. She thanked them for their work. If given 28 the honor to serve on the Board, she pledged to bring years of government engagement 29 experience to the table, as well as vision to continue providing the area with rich, innovative, and 30 forward-thinking solutions for developing the county, while respectfully holding its rich history with 31 the highest regard. She said it would be her honor to serve the great people of Orange County. 32 Phyllis Portie-Ascott greeted the Board and thanked them for hearing her comments 33 tonight and said it is an honor to be considered for the vacancy. As a community leader, she said 34 she has supported other candidates for their run for office, and tonight she is thankful for those 35 who have expressed their support for her. She said she is grateful for the opportunity to meet 36 residents willing to share their priorities for Orange County. She said she is also grateful to be the 37 recommended candidate by the Orange County Democratic Party. She said she appreciates all 38 of the residents who elevated their voices to ensure the Board knew of her hard work, integrity, 39 and dedication to this community. While this position represents District 2, she said the decisions 40 made by the Board impact all of Orange County. She said she has gotten to know people all over 41 the county to learn about their concerns through her voter experience work. She said it is not 42 uncommon to hear praise for Orange County across the state from public schools to the 43 management of the Housing Authority. She offered kudos to the Board for their work in creating 44 an Orange County in which she loves living and serving. If appointed she said she looks forward 45 to working collaboratively to create an Orange County that all residents can love because they 46 can raise their families, live in their homes, work in their community, and access services when 47 needed. 48 Horace Johnson introduced himself to the Board, and said he was born and raised in 49 Hillsborough and is representing the voice of historically disenfranchised Northern Orange 50 County. He said his mom's family dates back to 1752 in this town. He said he worked 22 years 51 beside his dad who served 10 years on the town board and 12 years as mayor. He said some of 5 1 the Board is aware of his community interest from tax assistance for those who qualify, addressing 2 mental health needs, addressing the needs of non-English speaking residents related to DMV 3 stops where they didn't understand what to do with their tags. He said his public service started 4 in 1966 when he was 11 years old by integrating the white school system in Hillsborough on the 5 third floor of the Whitted building, which is the home of the Orange County Board of 6 Commissioners. He said he strives for inclusion and acceptance by representing his community. 7 He said his dad always told him to stick with the facts and let the facts be the truth. According to 8 census data, he said African Americans make up 11.9%of Orange County's population. Currently 9 the Board's composition is 43% white female, 28% black female, and 14% white male. He 10 respectfully requested his appointment to the Board of Commissioners, adding another 11 demographic. He said he is home-grown, here to serve the people, and will do it with all his heart. 12 He said he loves the town and thanked the Board for hearing his comments. 13 Natalie Ziemba introduced herself to the Board and said she uses she/her pronouns. She 14 said her training as a social worker taught her to look at the social and environmental context of 15 what works and what doesn't. She believes there are a lot of policies that work well in Orange 16 County, but asked how policy can be used to improve those contextual pieces and build a sense 17 of connected community, safe housing, and stable employment that helps build financial wealth. 18 She asked how policy can lead to a more holistic economic bottom line that considers 19 environmental and community protections in addition to the more traditional metrics of profit 20 margins and job creation. She asked how policy could also support the youngest generation of 21 workers facing a different career landscape than the traditional professional trajectory available 22 to generations before. She said these are all incredibly complex problems with multiple options 23 for moving forward, and keeping the social and environmental context pieces will lead to political 24 decisions that continue to improve the community. She said she hopes to be part of the team 25 making the decisions. She thanked the Board for their consideration. 26 Chair Bedford reviewed the background information for the item for members of the public 27 who may not be aware of the reason for the vacancy. She explained that former Commissioner 28 Renee Price was elected to the North Carolina House of Representatives, which created the 29 vacancy on the Board. She thanked the four applicants for applying. She said they have all 30 demonstrated that they have a history of service to this county and state, which she appreciates. 31 She hopes those who are not appointed will continue to serve, join an advisory board, or run for 32 office in the future. 33 Commissioner Fowler seconded Chair Bedford's sentiments, and thanked the applicants 34 for putting themselves out there and their engagement. She said she hopes that engagement will 35 continue even if they aren't the one selected to join the Board. 36 Vice Chair McKee said it takes a lot of courage to step forward. He said he remembers 37 what a daunting task it was to run for commissioner back in 2009. He said all of the applicants 38 are well-qualified and appreciates them all for applying. He said he thinks they can find a way to 39 keep them all engaged, hopefully through advisory boards. 40 Commissioner Richards said, having gone through this process recently, she understands 41 how each of the applicants is feeling. She thanked them for putting themselves forward for this 42 seat and said she looks forward to working with them either on the Board or other ways. 43 Commissioner Hamilton thanked all of the applicants for applying and said she would be 44 happy to talk to anyone about running for the Board in the future. 45 Commissioner Greene said she agrees with the other members of the Board and thanked 46 the applicants for stepping up and their willingness to serve. She said she hopes they will stay 47 engaged with the Board and the community going forward. 48 Laura Jensen, Clerk to the Board, said the members of the Board have a ballot in front of 49 them and asked them to circle the name of the person they would like to vote for and sign their 50 name. She said the Deputy Clerk, Tara May, would collect the ballots and then she would read 6 1 the ballots out loud, including the name of the commissioner who made the vote, since they are 2 not secret ballots. 3 4 Vote to fill vacancy on Board of Commissioners: 5 6 votes cast for Phyllis Portie-Ascott (Amy Fowler, Sally Greene, Jean Hamilton, Earl 6 McKee, Anna Richards) 7 8 By unanimous vote, Phyllis Portie-Ascott was appointed to the vacant position on the 9 Board of County Commissioners. 10 11 Chair Bedford said there will be a swearing in ceremony for Commissioner Portie-Ascott 12 on February 16t". She said Laura Jensen will be in touch to arrange who she would like to swear 13 her in. She said there is quite an extensive orientation process, which the County Manager, 14 Deputy Manager, and Department Heads participate in. She said the Clerk's Office and County 15 Attorney are available, and said Greg Wilder in the Manager's Office is also a big help to 16 Commissioners. 17 18 b. 2023 Year of the Trail Proclamation and Great Trails State Coalition 19 The Board considered adoption of a proclamation declaring 2023 as the "Year of the Trail" in 20 Orange County, and joining the Great Trails State Coalition as a government partner. 21 22 BACKGROUND: The North Carolina General Assembly and North Carolina State Parks have 23 declared 2023 to be the "Year of the Trail" in the state. Communities and organizations across 24 the state have been asked to share a proclamation to this effect. An organization entitled the 25 Great Trails State Coalition has also been formed to support this effort and promote the use and 26 construction of trails across North Carolina. 27 28 The attached proclamation and materials note that trail use has increased more than 300% in 29 many parks and open spaces in the last year. One of the peripheral outcomes of the pandemic 30 illustrated the importance of outdoor recreation opportunities such as hiking, walking and biking 31 trails. Outdoor recreation is a $28 billion industry, and trails support public and personal physical 32 and mental well-being, and promote economic vitality and connectivity—allowing residents of the 33 state to capitalize on the natural beauty, warm people and rich history. 34 35 Trails in Orange County and across the state connect people, towns, natural areas, parks and 36 open space, and other cultural and natural resources. Orange County currently has over 13 miles 37 of trails within its nine parks and nature preserves, with plans for more— including a long segment 38 of the statewide Mountains to Sea Trail. 39 40 A number of local governments have joined the Great Trails State Coalition and others are being 41 asked to adopt the Year of the Trail proclamation. The Orange County Capital Investment Plan 42 reflects trails as a priority with funding dedicated to new trail acquisition and construction. 43 44 On December 7, 2022, the Orange County Parks and Recreation Council reviewed the Great 45 Trails State Coalition and Year of the Trail, and passed a unanimous statement of support for 46 joining the coalition and approving the proclamation. 47 48 David Stancil, Department of Environment, Agriculture, Parks, and Recreation (DEAPR), 49 reviewed the background information for the item and gave the following PowerPoint presentation: 50 51 7 1 Slide #1 ORANGE COUNTY NORTH CAROLINA 2023 — Year of the Trail Great Trails State Coalition 2 3 4 Slide #2 Year of the Trail 2023 • Trails important for open space, environment, economy and public health • Over 30 miles of trail in the County (13 miles within County parks and preserves) • Mountains to Sea Trail (MST) — important segments connecting Saxapahaw to Durham • Maley local governments have adopted ]RANGE COUNT l KOR-n f CAR01-INA 5 6 David Stancil said trail use increased 300% during the pandemic and continues to be well 7 above normal now. He said trails and trail corridors are important for the protection of the 8 environment and provide spaces for native species to thrive. He said urban communities have 9 embraced trails as a way to connect people with town center and local businesses. He said there 10 are also great linkages between hiking and walking with public health and mental health and well- 11 being. 8 1 Slide #3 i�fauridarn:x-t'a•5ra.. rare Tsar 0 'o 'y � I Dee12neted Segm*Me Planning&Qrvi®nte �P 8',6r 5rn.,y MrrrrgTs o+uee w Pzm 0 ren,..;..„arj.n Ca a 10 i+ an..�na, r"'P�Fvjw 61 FT 0 ararriB rin—dM%T 0 w h.-M-pnj. yrm..0.Itr $ xr.W-r % H!a�,•a',ar&axml wc?-c-nr r.t ISL-c-nv "6..dL—h 4 a■r�..nr.uw Iowa k*rmr.czh,m cmwr Mww"Eoumpw -7me';qr+. -�dMn r 1pCn*r LL Cw er B..-dm� LS�rnrW.ai.n 10 Cr�mr+]m.drs.. -- - -- 1 �, TfMUMr -�4 ORANGE COUNTY t5ORTl I CAROLINA 2 3 4 Slide #4 s ORANGE COUNTY KOKT]I CkROLINA 5 6 9 1 Slide #5 ORANGE COUNTY 2 3 David Stancil said trails are a source of pride, reinvigoration, and an important community 4 resource. 5 6 Slide #6 7 c:v F IV18 ` ORANGE COUNTY MWrl[CAP@RLL NA 7 8 David Stancil said trail creation takes a group of people working together. Volunteer Work 9 Days are vital to keeping trails passable and safe. 10 1 Slide #7 s • ORANGE COUNT' ,NOR T7 f+7:CR01 INA 2 3 David Stancil said the Parks and Recreation Council recommended approval of the 4 proclamation. 5 Chair Bedford said it would be great to integrate The Year of the Trail with the Arts project 6 happening in July and August. She said people could go for a hike and enter into the towns for 7 the arts. She said he could also work with the Visitor's Bureau to get the word out about the trails. 8 David Stancil said that was a great idea and he will talk to the Arts Commission and 9 Visitor's Bureau. 10 Commissioner Greene said Chair Bedford is talking about the Uproar, and agreed that's 11 a great idea. 12 Commissioner Fowler asked how the additional state funding for trails is being distributed. 13 David Stancil said they are currently determining how to disseminate it. He said he is 14 currently waiting for guidance on how grants or other awards might work. He also introduced Bill 15 Boyarsky of Friends of the Mountains-to-Sea Trail. 16 Bill Boyarsky said he is the task force leader and manages volunteer efforts to maintain 17 trails in Orange County. He said there is typically a volunteer work day once a month with 20-30 18 volunteers. He said the projects have ranged from invasive species removal around the 19 Occoneechee Speedway, fixing Cane Creek bridge, bringing trails up to state parks standards. 20 He said this is all for the goal of connecting Gold Park to Seven-Mile Creek through Occoneechee 21 Mountain. He said they have also done work on JM Johnson reserve trail, which is soon to be 22 turned over to Eno River State Park. He said they were also instrumental in connecting a land- 23 owner that was interested in selling with the Eno River State Park, which resulted in the addition 24 of a 7 acre block of land. He said he appreciates Orange County and DEAPR for their partnership. 25 Commissioner Fowler thanked him for all of his work and read the following proclamation: 26 27 ORANGE COUNTY BOARD OF COMMISSIONERS 28 PROCLAMATION 29 2023 YEAR OF THE TRAIL 30 31 WHEREAS, Orange County's natural beauty is critical to its residents' quality of life, health, and 32 economic wellbeing; and 33 11 1 WHEREAS, the trails that span across our community are an integral part of the recreational and 2 transportation possibilities of our area and promote an enjoyment of scenic beauty by residents 3 and visitors; and 4 5 WHEREAS, the parks, greenways, trails and natural areas in our community are welcoming to all 6 and provide a common ground for people of all ages, abilities and backgrounds to access our rich 7 and diverse natural, cultural, and historic resources; and 8 9 WHEREAS, Orange County's natural assets and resources are integral to disaster recovery and 10 resiliency to climate change for future generations; and 11 12 WHEREAS, Orange County trails and others across the state connect people, towns, natural 13 areas, parks and open space, and other cultural and natural resources, with Orange County's 14 nine parks and nature preserves providing more than 13 miles of trails— including seven miles at 15 Little River Regional Park and Natural Area, and with plans to add more, and including a large 16 segment of the State's Mountains to Sea Trail that stretches more than 1,000 miles from the 17 mountains to the coast; and 18 19 WHEREAS, trails offer quality-of-life benefits to all as expressions of local community character 20 and pride, as outdoor workshops for science education, as tools for economic revitalization, as 21 free resources for healthy recreation, as accessible alternative transportation, and as sites for 22 social and cultural events; and 23 24 WHEREAS, annual trail runs such as the annual Little River Trail Run and community hiking 25 activities on Orange County trails and nature preserves are significant in importance to show how 26 valuable trails are to Orange County residents; and 27 28 WHEREAS, the North Carolina General Assembly designated 2023 as the Year of the Trail in 29 North Carolina to promote and celebrate the State's extensive network of trails that showcase our 30 State's beauty, vibrancy and culture; and 31 32 WHEREAS, North Carolina is known as the "Great Trails State"; 33 34 NOW THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim 2023 35 as the "YEAR OF THE TRAIL" in Orange County, and commend its observance to all people. 36 37 Adopted by the Orange County Board of Commissioners, this the 7th day of February, 2023. 38 39 40 Jamezetta Bedford, Chair Laura Jensen, Clerk to the Board 41 Orange County Board of Commissioners 42 43 44 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to 45 approve and authorize the Chair to sign the proclamation declaring 2023 to be the "Year of the 46 Trail" in Orange County 47 48 Chair Bedford offered a friendly amendment to approve the county joining the Great Trails 49 State Coalition as a government partner organization. Commissioner Fowler accepted the 50 amendment. 51 12 1 VOTE: UNANIMOUS 2 3 5. Public Hearings 4 a. 5311 Rural Area Formula Grant and Combined Capital Program (5311/5339) Grant for FY 5 2024 6 The Board conducted a public hearing on the 5311 Administrative grant application and the 7 Combined Capital grant application for FY 2024; approved the 5311 Administrative grant 8 application and the Combined Capital grant application; approved the Program Resolution 9 (Attachment 1) and Local Share Certification (Attachment 2); and approved the annual master 10 documents (Attachment 3). 11 12 BACKGROUND: Each year, the North Carolina Department of Transportation (NCDOT) 13 Integrated Mobility Division (IMD) accepts requests for capital, operations and administrative 14 needs for county-operated transit programs. Orange County Transportation Services (OCTS) is 15 eligible to make an application for both capital and administrative funding and seeks a total of 16 $617,405 in federal and state transit grant funding. 17 18 Detailed breakdown is outlined in the table below: 19 Source 5311 Admin Grant Combined Capital Totals Grant Total $ 196,947 $ 500,000 $ 696,947 Federal $ 157,557 $ 400,000 $ 557,557 State $ 9,848 $ 50,000 $ 59,848 Local $ 29,542 $ 50,000 $ 79,542 20 21 OCTS provides the opportunity for access to jobs and services to many individuals. 22 23 The 5311 Administrative and Combined Capital grants provide financial support for transit 24 services that promote economic self-sufficiency to a wide range of residents and locations. The 25 funds additionally support a system that enhances the access of residents in the non-urbanized 26 areas to health care, shopping, education, employment, public services, and recreation. 27 28 29 TRANPORTATION ADVISORY SERVICE (TAS) Action: 30 The TAS met on Thursday, January 26, 2023 and unanimously recommended approval. 31 32 Orange Unified Transportation Board (OUTBoard) Action: 33 The OUTBoard met on Thursday, January 26, 2023 and unanimously recommended approval. 34 35 Nish Trivedi, Transportation Services Director reviewed the background information for 36 the item. 37 38 A motion was made by Commissioner Fowler, seconded by Commissioner Richards, to 39 open the public hearing. 40 41 VOTE: UNANIMOUS 42 43 No one was signed up to speak. 13 1 A motion was made by Commissioner Fowler, seconded by Vice Chair McKee, to close 2 the public hearing. 3 4 VOTE: UNANIMOUS 5 6 A motion was made by Commissioner Fowler, seconded by Vice Chair McKee, to approve 7 and authorize the Chair and staff to sign the Program Resolution (Attachment 1) and Local Share 8 Certification (Attachment 2) as appropriate, and approve and authorize the Chair and staff to sign 9 the annual master documents (Attachment 3) as appropriate. 10 11 VOTE: UNANIMOUS 12 13 6. Regular Agenda 14 a. Approval of a Professional Services Contract with Berry, Dunn, McNeil & Parker, LLC to 15 Create a Countywide Strategic Plan, and Approval of Budget Amendment#5-C 16 The Board considered the approval of a professional services contract with Berry, Dunn, McNeil 17 & Parker, LLC to create a Countywide Strategic Plan, and approve Budget Amendment#5-C. 18 19 BACKGROUND: During the Board of Commissioners 2022 Retreat, the Board authorized staff 20 to solicit proposals from vendors to assist in the creation of a comprehensive, Countywide 21 Strategic Plan. A Request for Proposals was released in late September 2022. The scope of 22 work includes a data driven strategic planning process that is grounded in the principles of equity, 23 responsive to the concerns and priorities of the community, positions the County to address the 24 challenges of the future, and is fiscally sustainable. 25 26 The outcome of this process will be a comprehensive strategic plan that presents: 27 • a clear planning process and approach 28 • a community engagement process 29 • relevant data and analysis of trends 30 • identification of opportunities and strategies 31 • a process to prioritize and focus County programs and services, and 32 • an implementation plan with performance measures that track progress on achieving the 33 goals of the plan. 34 35 The project is anticipated to take nine to twelve months. 36 37 An evaluation review committee consisting of the BOCC Chair Jamezetta Bedford, 38 Commissioners Amy Fowler and Anna Richards, the Deputy County Manager, the Chief Equity 39 and Human Rights Officer,the Budget Director, and the Planning & Inspections Director evaluated 40 all proposals, interviewed two finalists, and unanimously selected the team of Berry, Dunn, McNeil 41 & Parker, LLC to perform this work. 42 43 The project will be performed and billed over five phases as detailed in the following table: 44 14 1 Phases Deliverables Fees Phase 1. Project Initiation and Planning D01. Project Work Plan and Schedule $3,480 D02. Biweekly Status Meetings $5,250 Phase 1 Sub-Total $8,730 Phase 2. Stakeholder Engagement D03. Environmental Scan and Community Needs Assessment $17,100 Phase 2 Sub-Total $17,100 Phase 3. Strategic Plan Development and Approval D04. Initial Orange County Strategic Plan $14,190 D05. Final Orange County Strategic Plan $3,640 Phase 3 Sub-Total $17,830 Phase 4. Implementation Recommendations and Budget D06. Recommendations Report and Project Closeout Activities $9,870 Phase 4 Sub-Total $9,870 Phase 5. Performance Monitoring and Continuing Engagement D07. Progress Reports $18,900 Phase 5 Sub-Total $18,900 Statistically Valid Survey Sub-Total $24,500 Travel Expense Sub-Total $8,373 Project Total $105,303 2 3 The total cost of the strategic plan is $105,303. This price includes a statistically valid community 4 survey to be performed by the ETC Institute for $22,000 plus an in person presentation of the 5 survey and analysis for$2,500. The stakeholder engagement phase includes eighty-six hours of 6 community engagement work. 7 8 The BerryDunn team is scheduled to make a presentation to the Board at its February 24, 2023 9 Retreat to address any questions about the firm's approach, begin initial visioning with the Board, 10 and discuss stakeholder and community engagement. If the amount of engagement exceeds the 11 current contract amount, staff will create an addendum to accommodate the Board's desired level 12 of engagement. 13 14 15 1 Travis Myren reviewed the background information and gave the following PowerPoint 2 presentation: 3 4 Slide #1 Agenda Item 6-a ORANGE E COUNTY I'4I TH An4DLI Approving Professional Services Contract for a Countywide Strategic Plan Board of Commissioners Business Meeting February 7, 2023 5 6 7 Slide #2 Purpose Approve and authorize the County Manager to execute a contract with Berry, Dunn, McNeil& Parker, CLD for the purpose of creating a Countywide Strategic Plan, Approve Budget Amendment##5-C allocating$105,303 from the Counter Capital Reserve Fund to fund the contract amount_ OR, AGE COUNTY r C>R-r-z I CAPJDIJNA 8 9 10 16 1 Slide #3 Background • Board asked staff to create a scope of • Two finalists Interviewed by the evaluation services d uri ng 2022 Board Retreat team in January • Board approved scope of services and a . Unanimously recommend contractaward to Request for Proposals was issued in Berry, Dunn. McNeil& Parker, LLC September 2022 (Ber yDunn) Nine proposa Is scored by an evaluation team - Chair Bedford Commssloner Fouler Commi*sivner Richards - Director afthe Office of Equity arrd Inclu!5i¢n PlannIN &lnspecllons Dlreclor magel Dlrmlor Depuly County Manager -. ORANGE COUNTY 3 P:t?k'r'tr CAROUNA 2 3 Travis Myren said they received ten proposals, but one was disqualified for failing to 4 submit proper documentation. 5 6 Slide #4 Technical Approach — Five Phases Phase"I —Project Initiation and Planning - Board Retreat - Stakeholder Messaging and Communications Refine unc*rstmding cf Board s Pols acrd Strategy to bs,rid avlareress of ti-.e planning process •xpr-:laWnsfor lh*34ratep:Plan Opporlunit�estoget inmlved Condwl am esillial vlslowmg sssslut - Questions and Protocols for Stake holder Idmitify key stakeholders and desired level of eammunityengagemarrt lnterviaw+s and Focus Groups Whet bandswa oil*•i n.:junty asMI=a.%� - Environmental Scan What art paWnW s-anMno%fprplahning? What are the Tmst pressing prahlem5 air issues? Derncx�rap?*canddevtt4pw*llr"s Howe effective are cum tserykes? Existing partnerships Wherea m them oploo trsrifiesfrarerrsfaroveryent7 Budgetdo€urrents Existing plena and plane in progress _ Ivey [bell iverable. Project Work Plan and Existing psrFarmence metrics Dacum sdtsscMbr+►grWoty.cAxa herltags, Schedule fwetural oid bullt emlro mwnt ORANGE COUNTY a KrJWF1 a C:&P.OL]NA 7 8 9 10 17 1 Slide #5 TechnicalApproach — Five Phases Phase 2 StakeholdierEngagedir*nt - Community Survey _ Community Forums Condwied by ETC IRWI I•undersubs-cont+sci Cppodunityto educate about the County and bwhda 60,0comP46trdswVry* Iocely to impwtthe County arrrl its residents Prtewn4wl+1-49" oMh95%level ofconlldence Faciiiiiis6edcommunity for-,ands-in person and irhmil Comparisons by darnegrapires trot+tier characted,Ace In-person presentaiionafxesults - ley Nilverableis ETC Survey Rot Ulm - Stakeholder Engagementdlnterviewrs EnylroF neala[Scan Board members Communi[y NeedsAssessmerd Depertmentheads. Employees • Communitygroups and organizatiors Mae"Inabox $"so PinpoIntWeb*Ite ORANGE COUNTY i K }RTI l CAROLINA 2 3 Travis Myren said ETC has done surveys for Durham and Buncombe counties. 4 5 Slide #6 Technical Approach — Five Phases • Phase 3- Strategic Plan Development - Plaurung Sussion 1 _ Key Deliverables Undor*tarod®-:rGnrr4ntM*can and community DraltStrategilcPtan Road*as"**rrient Final Strategic Pian for Board Adcptfan til**Ian,Vow.and Vowes • Start identifying strategic pdaribesaredgoals • Documenisknofoua:ameand next steps - Planning Sessions 2 and 3 R�vw,wautcamrsof**�.*.an1 develop o*aWEs,perfccmance indacatars Define implementation strategies - Develop Draft Strategic Plan Incorporate Ire outcomesolme roseach planning soswms Review by Uard-of Coawn"oews end county leadership • Extiernai stgalrolderrawiawv ORANGE COUNTY 9 Nr<5RT[I CAROLINA 6 7 8 9 18 1 Slide #7 TechnicalApproach — Five Phases Phase a ImplemenWIon - Recornmerrd-atlons Deport Hair lf5 meamm Wig"*e How Io evaluate owcarne* 6udQeiowed*,Itar� - Project Closeout Dellwory-otall ftcumWaWnavwd dat*eoll 144 Lean*leom+*d Itnowledge shwang Key Delliverabl" �tecclminendat�orls FteptXk • Cioses�InCdocumerrtetkora ORANGE COUNTY F K }RTI I CAROLINA 2 3 4 Slide #8 Technical Approach — Five Phases Phase 5—Monitoring Progmss Reporting • BI-annual reportover 24 month* - 9er�c►rnarks - Convietlon dales - GarnmuPIC6h0us - Poterrtial aqusLnenls to the Rldri Key DelHnerablea • Prragress reports RANGE COUNTY 9 KGORTI I CAROL]NA 5 6 7 19 1 Slide #9 Recommendation Approve and authorize the County Manager to execute a contract with Berry, Dunn, McNeil& Parker, LLC for the purpose of creating a Countywide Strategic Plan; Authorize the County Tanager to approve amendments to the Agreement,up to the budgeted amount; i Approve Budget Amend men[#5-C allocating 5105,303 from the County Capital Reserve Fund to the Strategic Plan project account. ORANGE COUNTY 9 KORTI I l CIAROLINA 2 3 4 A motion was made by Commissioner Richards, seconded by Commissioner Fowler, to: 5 1) Approve and authorize the County Manager to sign the contract with Berry, Dunn, McNeil 6 & Parker, LLC to create a Countywide strategic plan at a cost of$105,303; 7 2) Authorize the County Manager to approve amendments to the agreement with Berry, 8 Dunn, McNeil & Parker, LLC up to the budgeted amount; and 9 3) Approve Budget Amendment#5-C as detailed above. 10 11 Chair Bedford thanked the commissioners who served on the Strategic Plan 12 subcommittee. 13 Commissioner Hamilton asked what the commissioners on the subcommittee were 14 looking for when reviewing consultant options. 15 Commissioner Richards said it was important to her for there to be a way to evaluate, 16 monitor, and follow up on the plan. She said Berry-Dunn did it the best. She said the first phase 17 includes an environmental plan. She said they will look at incorporating current plans and take 18 them into account. 19 Commissioner Fowler said she thinks Berry-Dunn offered the most engagement 20 opportunities and seconded what Commissioner Richards said. 21 22 VOTE: UNANIMOUS 23 24 b. Proposed Revisions to the Wild and Dangerous Animal Provisions in the Orange County 25 Unified Animal Control Ordinance 26 The Board received the first reading of proposed revisions and changes to the Wild and 27 Dangerous Animal provisions in the Orange County Unified Animal Control Ordinance. 28 29 BACKGROUND: The Animal Services Director and key staff worked with the Animal Services 30 Advisory Board (ASAB) and the County Attorney on proposed revisions to the Unified Animal 20 1 Ordinance—specifically, Division 4-Display of Wild and Exotic animals; Division 5-Keeping of Wild 2 Animals Dangerous to Persons and Property, and definitions related to these sections. The work 3 on these ordinance changes began in 2019 and was completed in 2022. 4 5 In addition, minor changes for the dangerous dog definitions are included in this proposed update. 6 These changes are introduced to improve oversight and implementation of the dangerous dog 7 law. The Animal Services Director and the County Attorney evaluated other North Carolina County 8 dangerous dog ordinances, consulted with experts at the UNC School of Government, and 9 consulted with the ASAB to develop these recommended changes. 10 11 Proposed Changes: 12 • Define wild animals 13 • Define wild and dangerous animals 14 • Update violations and civil penalties with regards to wild and dangerous animals 15 • Exemptions updated 16 • Control of dangerous animals 4-42 b(3) change to serious injury 17 • Define serious physical harm, human vs animal 18 19 Because violations of some of the provisions of this chapter of the Code of Ordinances are 20 punishable as misdemeanors, the amendment will be presented for two readings for adoption. 21 22 Dr. Sandra Strong, Animal Services Director, gave the following presentation: 23 24 Slide #1 ORANGE COUNTY NORTH CAROLINA LINA Unified Animal Ordinance Amendment Wild and Dangerous Animals What are Wild and Dangerous animals? Wildand Dangerous Animals:Wild animals ter' a that are deemed dangerous and injurious,or - '' potentially dangerous and Injurious,to the public and)or domesticated anlmals andlor r other property based on elevated risk of causing physical,zoonotioc or epidemiological harm. 25 Wail-doQlybcds20Q2 26 27 28 21 1 Slide #2 Proposed Changes * Clarify definition of wild animals Clarify definition wild and � dangerous animals • Display of wild & dangerous {. . animals prohibited • Narrow & clarifyexemptions • Update civil penalties Define serious physical harm - Human - Animal :RANGE COUNTY 2 li^,OFM I CAROLINA 2 3 4 Slide #3 Definitions • Exotic Ani mai:Animals other than domestic animals or farm animals that are not native to North Carolina, or are native to North Carolina but have been captive-brei. • WildArrimals. An animal (other than livestock) that typically is found in a non-domesticated state. • Wild and Dangerous Animals. Wild animals that are deemed dangerous and injurious, or potentially dangerous and injurious, to the public and/or domesticated animals and/or other property based on elevated risk of causing physical, zoonotic or epidemiological harm, ORANGE COUNTY 4 NOR-n[G''LROL[NA 5 6 7 8 22 1 Slide #4 Division 4- Display of wild, wild and dangerous. or exotic anirna.ls Unlawful to display wild, exotic., wild & dangerous animals Exemptions • Education-permitsf om U DA and IVC wild life Commission Animal Services in writing-30 days in advance * Babies vector-ensure no public contact - Enforcement; investigate complaint Writtenwarning to desist i • Passible Impoundment - Penalties * Class 3 Misdemeanor Civil penalty 250 per incident s 2 3 Dr. Sandra Strong said that the civil penalty is changing from $50 per animal to $250 per 4 incident. She said the Animal Control Board thought the prior fine could be excessive depending 5 on the incident. 6 7 Slide #5 Division - Keeping of Wild & Dangerous Animals Animals considered wild and dangerous • UarnbrnOUs ptlles, defined as ,zard and snAk*specles or subVecles fih t erre capable of iryeedinQ toxins that may cause pain, injury, andJor death to fiunans; Crocadlwans; Large constriotinq snakes,meaninq any heavy-bodied snake that feeds by ecrvslrlctlon and which speales,sulbspec.les,or hybrid may attaln.a total body adult length reaching or exceadinq ten(10)feet], Felines other than the dornesfic house cat,and any hybrid of a feline with a domestic Fuse cat; Coyotes and wolves, and any hybrid of ceyotesand wolves with the domestic dog; • dears. � Nonhurnan primatest IF k►rP Poinim 5raremesl Itthrld Cel r�• �i w '� �' tN 4+w�ai nl r��rtsasn nlaiFf'�I.e�a tletieF4q-Y .� .W"U triwa, Y g 9 10 23 1 Slide #6 Bengal t ry Corn-astir cat African Serval _ yi•t f 14 2 3 4 Slide #7 Divi=;ion - # eepin-q of Wild & Dan-gerous Animals — beeping/owning is prohibited — Exemptions: • Teaching or research as permitted by State & Federal law Hybrid feline (F5)or later- accepted as pats • Exemption- animals kept prior to changes & meat. legal compliance, provide notice within 90 days NQ-5U-GVM red wolf RrQK0 ORANGE COUNTY 5 6 7 8 24 Slide #8 Division 5- Keeping of Wild & Dangerous Animals — 'Violations; • Provide written notification of violation to Keeper • Keeper-submit (72hrs) written plan for animal removal • Provide new location to OCAS • OCAS can impound animal if public danger — Recovery of Cost - Reimburse County for all costs — Penalties • Criminal summons- misdemeanor • Civil Penalty $250, then $500 — 4-185. BOCC can add or remove animals ORANGE COUNTY 5 NlOffn I CkROLLNA 2 3 4 Slide #9 4-42 Dangerous dog- injury • Without provocation has seriously injured permanently damaged, or killed a pet or domestic livestock-,. • Serious physical harm animal: Any physical injury that results in broken bones, life threatening injuries, long term hospitalization, death or euthanasia -No change In derinItIon of sarcous physical harm to humans ORANGE COUNTY 9 NORnI C'LROLLNA 6 7 8 25 1 Slide #10 ORANGE COUNTY When Change? ANIML QSERVICES * To better Serve Orange County Residents — Protect public safety & resources — Outdated or inaccurate language "poisonous" — Clarify defnitiens and exemptions -- Enable effective administration of the ordinance • Animal Services Advisory ory Beard Subcommittee work 2119-2022 Voted on and approved by ASAB June 1 a, X122 ORANGE COUNTY 10 1,lOffn[CkROLINA 2 3 Commissioner Greene asked if Bengal cats are allowed now or not. 4 Sandra Strong said they are allowed, as they are more closely aligned with a domestic 5 housecat. 6 Commissioner Hamilton said she got confused with the three different categories of 7 animals. 8 Martha Bordogna of the County Attorney's Office said that there are two categories 9 because there are wild animals and then wild animals that are also dangerous. 10 Commissioner Hamilton said for consistency it would be useful to include that throughout 11 the subsections. 12 Vice Chair McKee said he has known people over the past 50 years who have adopted 13 fawn that are then non-returnable to the wild. He asked what the alternative would be for people 14 who own deer now. 15 Sandra Strong said she believes that the North Carolina Wildlife Resource Commission 16 would step in and she said she would find out for him. 17 Vice Chair McKee said it's a general question and he looks for unanticipated issues or 18 things that might pop up. He said that he does not know anyone now that owns a deer but he has 19 over the years. 20 Sandra Strong said that it is illegal to feed the wild deer in Carrboro. 21 Vice Chair McKee said he will vote for this, he just sees nuances that are not addressed 22 and becomes leery of applying fines to situations that aren't well-defined. 23 Chair Bedford said there was the incident with the snakes a few years back. 24 Sandra Strong said that the committee was working on this ordinance then as well. 25 26 A motion was made by Commissioner Greene, seconded by Commissioner Fowler, to 27 approve on first reading the recommended changes to the Unified Animal Control Ordinance, and 28 direct staff to present the recommended changes to the Unified Animal Control Ordinance for 29 second reading approval at the Board's February 21, 2023 Business meeting. 30 26 1 VOTE: UNANIMOUS 2 3 c. Amendment to the Code of Ordinances — Emergency Proclamations 4 The Board received on first reading proposed ordinance amendments to Chapter 14 (Emergency 5 Management and Emergency Services) of the Code of Ordinances. 6 7 BACKGROUND: During the COVID-19 pandemic, the Chair of the Board of Commissioners 8 issued an emergency proclamation in order to give greater authority to address the pandemic to 9 the County Manager and County departments. Pursuant to Section 14-39 of the Code of 10 Ordinances, the emergency proclamation was amended multiple times to address the ongoing 11 pandemic. Ultimately the emergency proclamation was continued through those amendments for 12 more than two years. During this time members of the Board of Commissioners expressed 13 concern with the length of the emergency proclamation and the lack of input from the full Board 14 of Commissioners. 15 16 The attached draft amendment attempts to address this concern, while keeping in place 17 substantial authority for the Chair, by limiting the time period the Chair may independently extend 18 emergency proclamations to thirty (30) days and to clarify that amendments to an emergency 19 proclamation include extensions of the duration. The draft provides that the Board of 20 Commissioners may vote to extend proclamations beyond this time period if the Board is 21 presented with sufficient information and data to do so. It has been the Board of Commissioners' 22 policy that it is necessary for the Chair, or Vice Chair if the Chair is unavailable, to have substantial 23 authority to declare and amend emergency proclamations for events during which the Board of 24 Commissioners may be unable to meet or assemble. 25 26 The subject chapter of the Code of Ordinances provides for misdemeanor penalties for violations. 27 For that reason the ordinance is subject to a first and second reading prior to adoption. 28 29 John Roberts reviewed the background information for this item. 30 Vice Chair McKee said he was one of the members pushing for this change and said he 31 is pleased with this proposal. 32 Chair Bedford said she has the opposite view. She said to her, the real source of the 33 problem was that they didn't have a clear determination for when the declaration would be lifted. 34 She said she thinks 30 days is arbitrary. She said they can't predict what types of emergencies 35 there will be in the future and what the timeline should be. She said once they found out they have 36 the power as the Board to direct the Chair to end the Emergency Declaration, that option is 37 sufficient. She said she is concerned that it could become a political issue if it becomes an agenda 38 item each month. She said she thinks the Board shouldn't adopt this at all. 39 Commissioner Richards said her concern was operational. She asked how operations will 40 be affected when there is uncertainty about if the declaration will extend or not. She said the 41 language emphasizes that the Board already has the ability to impact how long it will last. 42 Commissioner Greene said she agrees with Chair Bedford, and had no issues with how it 43 has been done in the past. She said that the Board already has the ability to end the declaration 44 and that she does not see this as necessary. 45 Commissioner Hamilton said she thought there wasn't enough information shared by the 46 Chair about the extension of the State of Emergency. She said she was made aware of the 47 provision that allows the Board to direct the Chair to amend or end. She said that she thinks that 48 is not enough. She said she likes the amendment because it creates an expectation that the Chair 49 will bring the Board information to understand why the decision is being made. She said the rules 50 don't currently have that. She said the Board is held responsible collectively and having a process 51 for the Chair to explain what is going on would be helpful. 27 1 Commissioner Fowler said it is interesting that they added that any proclamation should 2 end five days later"or extended" and that previously that did not exist. 3 John Roberts said it did exist in the current ordinance but is not specific. He said that the 4 addition of"or extended" is his recommendation to make it clear. 5 Commissioner Fowler said this could be cumbersome. She asked if there could be an 6 update each month instead. 7 Chair Bedford said in the first year, they received a weekly email, and still got updates, 8 just not as frequently thereafter. She said what they really want is criteria for what will end the 9 declaration, which they will not be able to put in writing for an unknown emergency. 10 Vice Chair McKee said politics will be involved in this if it is implemented or not. He said 11 to leave it as is is even more political to him. He said that staff would continue their work until the 12 declaration is ended. He said that what this does for him is codifies the Board's responsibility. He 13 said it does not allow an ad hoc decision by four members. He said it codifies it every 30 days. 14 He said that when it comes to something as serious as the past shut down was, then the Board 15 is required to publicly state their support or lack thereof for the declaration. 16 Commissioner Richards said it seems like the problem was communication and asked if 17 they need an ordinance. 18 Vice Chair McKee said he thinks they do need something because during the pandemic, 19 it wasn't that they couldn't do it, but they did not do it. He said this would make the Board make 20 a public decision. 21 Chair Bedford said the school boards went through this and a lot of people showed up. 22 She said that she does not think if someone had brought it forward that it would not have been 23 on the agenda. 24 25 A motion was made by Vice Chair McKee, seconded by Commissioner Hamilton, to 26 approve the first reading of the proposed ordinance amendments to Chapter 14 (Emergency 27 Management and Emergency Services) of the Code of Ordinances. 28 29 VOTE: Ayes, 2 (Vice Chair McKee and Commissioner Hamilton); Nays, 5 (Chair Bedford, 30 Commissioner Greene, Commissioner Richards, and Commissioner Fowler) 31 32 MOTION FAILS 33 34 A motion was made by Commissioner Greene, seconded by Commissioner Fowler, to 35 approve addition of the recommended language in 14-40. 36 37 VOTE: UNANIMOUS 38 39 John Roberts asked if the Board is looking for additional language that would require 40 reports or if they are done with this. He read his draft language requiring the Chair to provide 41 information to the Board. 42 Chair Bedford asked for the proposed language to be brought back for another first 43 reading at their next meeting. 44 Commissioner Hamilton asked about a time rather than a "reasonable" time. 45 John Roberts said there could be a disruption in communication and that is why he used 46 the language reasonable. 47 Commissioner Greene said she agrees with John Roberts's recommendation. 48 49 7. Reports 50 None. 51 28 1 8. Consent Agenda 2 3 Commissioner Richards asked a question about item 8-h. She asked if everything from 4 the Europa Center will move to 203 Main St. when it is finished. 5 Bonnie Hammersley said yes. 6 7 A motion was made by Commissioner Hamilton, seconded by Vice Chair McKee, to 8 approve the consent agenda. 9 10 VOTE: UNANIMOUS 11 12 a. Minutes 13 The Board will correct and/or approve the draft minutes for the December 13, 2022 BOCC Meeting 14 as submitted by the Clerk to the Board. 15 b. Motor Vehicle Property Tax Releases/Refunds 16 The Board will consider adoption of a resolution to release motor vehicle property tax values for 17 four (4) taxpayers with a total of four (4) bills that will result in a reduction of revenue. 18 c. Property Tax Releases/Refunds 19 The Board will consider adoption of a resolution to release property tax values for three (3) 20 taxpayers with a total of three (3) bills that will result in a reduction of revenue. 21 d. Late Applications for Property Tax Exemption/Exclusion 22 The Board will consider four (4) untimely applications for exemption/exclusion from ad valorem 23 taxation for four (4) bills for the 2022 tax year. 24 e. Capacity Building Competitive Grant Mobile Command Trailer Purchase 25 The Board will consider approval of the contract to purchase a mobile command trailer from 26 Mobile Concepts in the amount of$273,756.73. 27 f. Approval of Additional Non-voting Youth Member to Parks and Recreation Council 28 PRC 29 The Board will consider the adoption of a resolution approving changes to the Code of Ordinances 30 to authorize the addition of a second youth delegate non-voting member to the Orange County 31 Parks and Recreation Council (PRC). 32 g. Adoption of Orange County's HOME-ARP Allocation Plan 33 The Board will consider adoption of a resolution authorizing the submission of the HOME-ARP 34 Allocation Plan. 35 h. Two-Year Extension of the Lease for Suite 101 in the Europa Center 36 The Board will consider approval of a two-year lease extension for Suite 101 at the Europa Center 37 and authorizing the Manager to sign the extension upon final review by the County Attorney. 38 i. Proposed Extension to Medline Industries, LP Incentive Performance Agreement 39 Concerning the Company's Employment & Investment Target Dates 40 The Board will consider approving and authorizing the Chair to sign a contract amendment for 41 Medline Industries, LP, formally Medline Industries, Inc., authorizing an extension for the 42 company's contractual requirement to achieve overall employment hiring and investment goals 43 over the first 5 years, as authorized in Section 6. B. (Delay of Inducement Package Initiation) in 44 the October 2019 Performance Agreement. 45 46 9. County Manager's Report 47 Bonnie Hammersley reviewed the projected agenda for the February 16, 2023 Work 48 Session including the Oath of Office and Seating for New Member of the Board of Commissioners, 49 the first group of Annual Work Plan Summaries from Boards and Commissions (Second Group 50 Scheduled for March 14, 2023 Work Session), and the Review of Upcoming Boards and 51 Commissions Appointments. 29 1 Commissioner Richards asked if the Board would receive a list of which boards are 2 presenting their work plans at the work session. 3 Tara May said the list will be part of the agenda packet for the item, which will go out this 4 Thursday. 5 6 10. County Attorney's Report 7 John Roberts said the General Assembly bill deadlines are in early April this year. 8 9 Chair Bedford said the Board will be choosing their board and commission assignments 10 on February 21s' and encouraged members to prepare for the process. 11 12 11. *Appointments 13 None. 14 15 12. Information Items 16 • January 17, 2023 BOCC Meeting Follow-up Actions List 17 • Tax Collector's Report— Numerical Analysis 18 • Tax Collector's Report— Measure of Enforced Collections 19 • Tax Assessor's Report— Releases/Refunds under$100 20 21 13. Closed Session 22 A motion was made by Vice Chair McKee, seconded by Commissioner Fowler, to enter in 23 to closed session at 8:51 p.m. "to discuss the County's position and to instruct the County 24 Manager and County Attorney on the negotiating position regarding the terms of a contract to 25 purchase real property," NCGS § 143-318.11(a)(5), and to approve closed session minutes. 26 27 VOTE: UNANIMOUS 28 29 A motion was made by Commissioner Richards, seconded by Commissioner Hamilton, to 30 reconvene into regular session at 9:20 p.m. 31 32 VOTE: UNANIMOUS 33 34 14. Adjournment 35 A motion was made by Commissioner Fowler and seconded by Vice Chair McKee to 36 adjourn the meeting at 9:20 p.m. 37 38 VOTE: UNANIMOUS 39 40 41 Jamezetta Bedford, Chair 42 43 44 Recorded by Tara May, Deputy Clerk to the Board 45 46 Submitted for approval by Laura Jensen, Clerk to the Board. 47