HomeMy WebLinkAboutMinutes-06-20-2023-Business Meeting 1
APPROVED 9/5/23
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
BUSINESS MEETING
June 20, 2023
7:00 p.m.
The Orange County Board of Commissioners met for a Business Meeting on Tuesday, June
20, 2023 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC.
COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice Chair Earl McKee,
and Commissioners Amy Fowler, Sally Greene, Jean Hamilton, Phyllis Portie-Ascott, and Anna
Richards
COUNTY COMMISSIONERS ABSENT: None.
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified
appropriately below)
Chair Bedford called the meeting to order at 7:00 p.m. All commissioners were present.
1. Additions or Changes to the Agenda
Chair Bedford dispensed with reading the public charge.
2. Public Comments (Limited to One Hour)
a. Matters not on the Printed Agenda
Todd McGee, Community Relations Director, introduced members of the County
Government Academy and reviewed the work they have completed and all they have learned.
Chair Bedford thanked participants for attending the academy and thanked the staff
members who have helped make it a success.
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 Greene said she attended the NC summit on reducing opioid use that was
sponsored by NCACC. She said it brought together a lot of service providers, people with lived
experience, social workers, etc. She said it was the first time in recent memory that NCACC had
a conference that was not just for county commissioners. She said Attorney General Stein gave
the opening remarks, and said she not only learned a lot, but it was powerful to be in the room
with people with lived experience who were talking about their experiences. She said Orange
County was well-represented including Cait Fenhagen and her staff, as well as Quintana Stewart.
She said one session focused on how to spend and account for the opioid settlement money.
Additionally, she said that one of the important subjects at the conference was housing. She said
people experiencing homelessness need housing as well as people with substance use disorders,
which was very apparent in a session on the housing-first model. She said today in the NY Times
there is a story on how on federal and many state-levels,there is a movement to get rid of housing-
first, even though there is a whole generation of well-documented evidence. She said there is no
doubt this model works, but also no doubt people still can't change their attitudes about
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homelessness and feeling like people must show they deserve a house before they can have
one.
Commissioner Fowler said she attended the ABC Board meeting this morning and they
passed the budget which included the full request from the county.
Vice-Chair McKee said he previously petitioned the Board to have staff identify sites for
youth athletic fields, but the Board did not move forward. He said he heard support for the idea of
youth athletic fields at the last meeting, and is renewing the petition and for staff to bring
information back at a work session in the fall on what youth athletic facilities are available in
Orange County, surrounding counties, what programs and facilities used to be provided by the
county and have been picked up by community groups, and what can be done to provide youth
indoor and outdoor recreation facilities in the county.
Commissioner Portie-Ascott said she attended the retirement celebration at the Sheriff's
Office today for 6 retiring members of staff. She said she enjoyed hearing the Sheriff's personal
stories about the retirees as they received their plaque, which demonstrated their commitment to
serving the residents of Orange County. She said she attended two Juneteenth celebrations. She
said one was a joint event put on by the Orange County Arts Commission and Free Spirit
Freedom, and the other was hosted by Mt. Zion AME Church.
Commissioner Hamilton said she attended three Juneteenth events this weekend. She
said one was the Chapel Hill-Carrboro celebration, the second was the Orange County
Juneteenth event at the Orange County library, and the third was the Eno Arts Mill gathering. She
said she was glad to be able to attend all three and experience the dedication of staff and elected
officials who were there. She hopes that more people will take advantage of the celebrations to
learn about history and celebrate being together now. Commissioner Hamilton said since she has
been on the Board of County Commissioners, she has been involved in a number of rezoning
decisions, including the recent one regarding Lawrence Rd. She said the Planning Director having
to make a recommendation to the Board troubles her and makes it difficult for them to fulfill the
role of educating the Board of County Commissioners and the Planning Board about the technical
aspects around rezoning as well as the broader community impacts a rezoning change may have.
She said it is her understanding that this is not required by state statute but is controlled by local
ordinance. With that in mind, she petitioned the Board to consider amending the UDO to require
the Planning Director to do an analysis without a recommendation. She said the relevant section
is 2.3.8 of the UDO and states:
"The Planning Director shall cause an analysis to be made of the application and based
on that analysis prepare a recommendation for consideration by the Planning Board and
the Board of County Commissioners."
Commissioner Hamilton said she would propose for the UDO to read:
"The Planning Director shall cause an analysis to be made of the application and share
that analysis and share that analysis for consideration by the Planning Board and the
Board of County Commissioners."
Commissioner Hamilton said she hopes this change can be discussed at the first work session in
September.
Commissioner Richards said she attended many Juneteenth events over the weekend.
She said it is a good opportunity for the community to learn about our shared history and celebrate
the cause of justice for everyone. She said she also attended the Chamber of Commerce
Business Awards Luncheon where the Orange County volunteer fire unit received non-profit of
the year. Commissioner Richards also mentioned item 8-i on the consent agenda. She said she
is pleased there is a new Memorandum of Understanding for the Orange County Climate Council.
She thanked staff for working through this process to get to this point. She said she looks forward
to being able to implement climate activity with the MOU and hopes to see some results out of
that. Commissioner Richards petitioned staff to perform an analysis of the staffing levels at the
detention center now that it has been operational for a while. She said there was a staffing study
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done by the architect and designer at the beginning of the process, and there have continued to
be discussions about appropriate staffing levels. She said she talked with the Sheriff today and
he is supportive of the idea, and she'd like for him to be part of this analysis. She said if the Board
can discuss this in the fall, they will be in a better position next budget cycle. She said staffing
levels also impact the Criminal Justice Resources Department programming and she hopes to
figure out how to get some of those things incorporated.
Chair Bedford said she also attended the retirement celebration at the Sheriff's Office
today and it was very sentimental. She said the retirees served the county for many years and
put their hearts and souls into their work. Chair Bedford said she attended the Juneteenth
celebration at the Eno Arts Mill, and it was a wonderful celebration. She said she attended the
DSS board today. She said they are steady on the number of kids in foster care and there is
pending legislation to increase subsidies for families that are licensed foster care households.
She said if anyone is interested in fostering, visit the county website and contact DSS.
Chair Bedford invited Laura Jensen, Clerk to the Board, to share an update on the closed
session for staff evaluations.
Laura Jensen stated that the new date for the closed session for staff evaluations will be
Wednesday, September 27, 2023. She said the meeting is planned to be held at Whitted, and the
only subject will be personnel evaluations.
Vice-Chair McKee said he received a call today from a resident who wanted to speak on
matters not on the printed agenda, and asked the Board to hear from that person now since they
arrived after that portion of the agenda.
PUBLIC COMMENT:
Delores Bailey thanked the Board of Commissioners for their help, assistance, and caring
about EmPOWERment. She said all the money has been raised for the Peach Apartments. She
said there will be 10 units located at 107 Johnson St. in Chapel Hill for 30% AMI and below
families. She thanked the Board for their support. She said she expects construction will break
ground in August or September and there will be two studio units, 4 one-bedroom, 3 two-bedroom,
and 1 three-bedroom unit. She said she will stay for an agenda item later in the meeting to speak
on the importance of government conveying land to non-profits just like for this project.
4. Proclamations/ Resolutions/Special Presentations
None.
5. Public Hearings
None.
6. Regular Agenda
a. Approval of Fiscal Year 2023-24 Budget Ordinances and County Fee Schedule
The Board approved the Fiscal Year 2023-24 Budget Ordinances and County Fee Schedule.
BACKGROUND: At the June 8, 2023 budget work session, the Board of County
Commissioners made decisions regarding the County's FY2023-24 budget. See the following
attachments related to those decisions:
• Attachment 1 — the Resolution of Intent to Adopt the FY 2023-24 Orange County
Budget outlines the actions approved by the Board of County Commissioners on June
8, 2023
• Attachment 2 — the FY 2023-24 Budget Ordinance is the legislation implementing the
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FY 2023-24 Annual Operating Budget for Orange County, including Grants Project
Ordinances
• Attachment 3—the FY 2023-24 County Fee Schedule
Travis Myren, Deputy County Manager, said there are no changes to the resolution of
intent to adopt.
PUBLIC COMMENT:
Makeda Ma'at, president and founder of Landings Tenant Association, said the tenant
association does not support Community Home Trust and continues to face retaliation, disrespect,
unwarranted—eviction proceedings, and mistreatment from the current management. She said
that there is a distinct disparity in the way those receiving housing assistance are treated. She
said that last week they received unsealed door notices of rent increases while others not on
assistance received sealed letters. She said that unpermitted entries continue to happen. She
said that work orders are also not being tracked. She said there is unauthorized staff clearance.
She said that no notification is required by policy. She said that there is a handicapped space that
is reserved for a Community Home Trust Board Member. She said that this requires removal of
resident community space to accommodate the site manager. She asked what type of message
is being sent by supporting CHT. She said that there was a bike rack that has not been replaced
and now it is the garden for a Community Home Trust Board Member. She said there are cameras
to surveil the residents even though they are in a low crime rate area. She asked the Board to not
support CHT and asked that that the Board cease funding until sudden changes are made.
A motion was made by Vice-Chair McKee, seconded by Commissioner Fowler, to adopt
the FY 2023-24 Budget Ordinances and the FY 2023-24 County Fee Schedule, consistent with
the parameters outlined in the Board's "Resolution of Intent to Adopt the FY 2023-24 Orange
County Budget."
VOTE: UNANIMOUS
b. Accept the Ten-Year Capital Investment Plan (CIP) and Approve the FY 2023-24 Orange
County Overall CIP Protects
The Board accepted the FY 2023-33 Orange County Ten-Year Capital Investment Plan (CIP) and
approved the FY 2023-24 Orange County Overall CIP Projects.
BACKGROUND: For over 20 years, the County has produced a Capital Investment Plan (CIP)
that establishes a budget planning guide related to capital needs for the County as well as
Schools. The current CIP consists of a 10-year plan that is evaluated annually to include year-to-
year changes in priorities, needs, and available resources. Approval of the CIP commits the
County to the first year funding only of the capital projects; all other years are used as a planning
tool and serves as a financial plan.
Capital Investment Plan — Overview
The FY 2023-33 CIP includes County Projects, School Projects, and Proprietary Projects. The
School Projects include Chapel Hill-Carrboro City Schools, Orange County Schools, and Durham
Technical Community College — Orange County Campus projects. The Proprietary Projects
include Water and Sewer, Solid Waste Enterprise Fund, and Sportsplex projects.
The CIP has been prepared anticipating moderate economic growth of approximately 2% in
property tax growth over the next ten years, and 4% sales tax growth. Many of the projects in the
CIP will rely on debt financing to fund the projects.
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Attachment 1 is the FY 2023-33 Capital Investment Plan Overall Summary of $58,436,700
(individual projects were provided to the Board of County Commissioners at previous work
sessions, and revised project funding was discussed at the June 8, 2023 budget work session).
Attachment 2 lists County Capital Projects Summary totaling $28,888,432 in FY 2023-24 (Year
1).
Attachment 3 lists Proprietary Capital Projects Summary totaling $3,556,025 in FY 2023-24 (Year
1).
Attachment 4 lists School Capital Projects Summary totaling $25,992,243 in FY 2023-24 (Year
1).
Vice-Chair McKee noted that the only year that is set in stone with this approval is year 1.
Chair Bedford noted that Commissioner Richards proposed a budget amendment for
Durham Tech using Article 46 Sales Tax for $8,200. She said that is not in the written materials
but will be a shift in the allocation.
A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
accept the FY 2023-33 Orange County Ten-Year Capital Investment Plan, and approve funding
for FY 2023-24 and adopt the FY 2023-24 County Capital projects as stated in Attachment 2; the
FY 2023-24 Proprietary Capital projects as stated in Attachment 3; and the FY 2023-24 School
Capital projects as stated in Attachment 4.
VOTE: UNANIMOUS
Chair Bedford thanked staff for their work on this year's budget. She said this was the
smoothest as far as processes go.
c. 2022 Longtime Homeowner Assistance (LHA) Program Evaluation
The Board received information about the results of the 2022 Longtime Homeowner Assistance
(LHA) program and considered options for program changes for a potential continuation of the
LHA program in 2023.
BACKGROUND: In the spring of 2022, the Orange County Board of Commissioners authorized
updates to the program design for the Longtime Homeowner Assistance (LHA) program to provide
property tax assistance to Orange County households at 80% Area Median Income (AMI) and
below who had lived in their home for at least five years. County staff worked with community
partners on a five-month media campaign to increase awareness about program eligibility and
how to apply with the goal of increasing the number of program applicants from 2021. LHA media
campaign efforts in 2022 included:
• The Tax Office sent the LHA program information flyer alongside the 2022 Tax Bills that
were mailed in August 2022.
• County staff worked with community partners the Jackson Center and Justice United to
promote the LHA program.
• Organized visits to local churches, Rogers Road and Cedar Grove Community Centers to
distribute LHA flyers.
• Staff partnered with church congregations in Orange County, including in northern
Orange, to share information.
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• The County ran ads in The News of Orange & La Notica.
• The County spoke about the LHA program on WCHL Chapelboro radio.
• The County produced short LHA informational videos in English and Spanish — these
videos were distributed via social media, community partners, and email.
Staff calculated award amounts using the following guidelines:
• All applicants were arranged in priority order
o FIRST: Tax Burden, largest to smallest
o SECOND: Length in Home, longest to shortest
o THIRD: Age, oldest to youngest
• Full awards were allocated to as many participants as possible using $75,000 of the
$250,000 available funding.
• Staff determined a multiplying factor for the remaining $175,000 in available funding and
used this to reduce all other awards by the same percentage.
• All eligible homeowners received a minimum award amount of $100 or up to the full
amount of the County portion of their tax bill if it was less than $100.
• Award amounts were the County portion of the tax bill less 2% of the applicant's household
income.
Between August 1 and December 1, LHA Applications Submitted
2022, the County received 500
applications and awarded $251,037.83 2022 2021
to 474 households for property tax Number Percentage Number Percentage
assistance (Attachment 1). The
minimum award amount was $100. The Eligible
average award amount was $529.62, Applications 474 95% 91 70%
and the median award amount was Ineligible
$338.56. Applications 26 5% 39 30%
TOTAL 500 100% 130 100%
The County received a significant
volume of applications the first two LHA Award Amounts
weeks and then the last week of the 2022 2021
program. 95% of all received �
applications were approved. The most Number Percentage Number Percentage
common reason for application denial $1450 (N/A for
was the household being over 80%AM 2022) 0 0% 31 34%
(12 denials), followed by households $51-$100 95 20% 16 18%
not owning their home for five or more
years (10 denials), and the household $101-$200 53 11% 15 16%
living outside of Orange County (2
denials). $201-$300 59 12% 14 15%
$301-$500 117 25% 9 10%
Of the 474 approved applicants, 67%
were white, 21% were black, 4% were $501-$999 104 22% 4 4%
multi-racial, 7%Asian, 1%were another $1,000+ 46 10% 2 2%
race, and 5% chose not to disclose their
race. 67% of the approved applications TOTAL 474 100% 91 100%
were age 65 or over Of the 24 folks that received full awards, 71% were White, 17% were Asian
and 13% were Black.
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Racial Demographics of LHA Awardees Age Demographics of LHA Awardees
2022 2021 2022 2021
Number Percentage Number Percentage Number Percentage Number Percentage
White 317 67% 41 45% >_55 74 16% 11 12%
Black 99 21% 40 44% 56-60 40 8% 7 8%
Asian 33 7% 1 1% 61-65 60 13% 17 19%
Other 3 1% 4 4% 66-70 81 17% 17 19%
Undisclosed 22 5% 5 5% 71-75 84 18% 14 15%
TOTAL 474 100% 91 100% 76-80 54 11% 3 3%
81-85 37 8% 8 9%
86+ 43 9% 10 11%
No
data 1 0% 4 4%
TOTAL 474 100% 91 100%
Recommended Program Design Changes for 2023
Staff from the three participating departments offer the following program design changes, should
the Board wish to continue the LHA program in 2023:
1) Increase baseline minimum award amount: a minimum award amount of$200
2) Introduce a baseline maximum award amount: $1,500 — Staff believes that this is a
generous award limit, as this amount is $351 more than the average full award before
adding the multiplying factor($1,149). By establishing an award cap, the County would be
able to distribute more money to more people.
3) Use the HOME Investment Partnerships Program (HOME) and Housing Trust Fund (HTF)
Homeownership Value Limits ("95% limits") as the maximum home value eligible for the
Longtime Homeowner Assistance program. The U.S. Department of Housing and Urban
Development (HUD) calculates these metrics annually, here are the current limits:
1 bedroom 2 bedroom 3 bedroom 4 bedroom
$363,000 $465,000 $563,000 $698,000
If implemented, applicants will indicate the number of bedrooms in the home on their
application.
Assuming all other eligibility components including income are met, staff can make exceptions
to these value limits for homeowners who meet one or more of these criteria:
• Anyone in the home age 70 (the average life expectancy for American Indian /Alaskan
Native people who are documented nationally as the racial demographic with the
lowest life expectancy) or older
• Anyone in the home has a documented disability, as defined by the U.S. Department
of Housing & Urban Development (HUD), "to include any (1) individual with a physical
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or mental impairment that substantially limits one or more major life activities; (2)
individual with a record of such impairment; or(3) individual who is regarded as having
such an impairment."
• Homeowners with property tax increases of 50% or more from the tax assessment in
2020 to taxes owed in 2023.
Corey Root, Housing and Community Development Director, made the following
presentation:
Slide #1
) ORANGE COUNTY
HOUSING DEPARTMENT
2022 Longtime Homeowner
Assistance (LHA) Evaluation and
2023 LHA Recommendations
June 20, 2023
Slide #2
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Slide#3
Achieved goal of increased LHA awards
• i
Total disbursed $251,037 $16,364
Full award amount $544,572 $16,364
Least $100 $1.51
Most $7,303 $1,334
Average $529 $96
Median $338 $179
Corey Root said they actually spent above what is shown due to a staffing error and an
application not getting processed.
Slide #4
Staff focused on outreach to increase apps
Apps received 500 130
Apps eligible 474(95%) 91 (70%)
Eligibility Owned home 5+years Owned home 10+years
AND tax increased
Application Aug. 1—Dec. 1 Oct. 8—Dec. 15
dates
Award amount Prioritized by tax All applicants received full
burden awards
Minimum award $100 None
Corey Root said they had great partners with Justice United and the Jackson Center. She
said that helped them increase their applications over 5 times. She said that more applications
were also eligible.
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Slide#5
2022 LHA awardees spanned Area Median
Income (AMI) levels
AMI of Households Served
30%
17.6%
80%
47.1%
60%
35.3%
n ORANGE COUNTY
® HOUSING DEPARTMENT
Slide #6
White awardees increased in 2022
2022
Asian Undisclosed
7% 5%
Black ; other 2021
21% 0% Asian UndL6%
1%
/..
White
67% Other
4%
r`
Black
44% White
45%
Slide #7
White awardees increased also for
larger award amounts
ALL AWARDEES
Undisclosed
Other 5%
FULL AWARDEES
7%
omen
Asan 0%
17% ..-
Black
21% j.
Black
White 12%
67%
White
71%
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Corey Root said they saw an increase in Asian and White recipients. She said that this
showed that the prioritization was not getting to the point where they wanted to be. She said that
there have been years of housing discrimination that they are trying to work through and that they
know the Black and African American community should be receiving a large portion of the funds.
Slide #8
ProgramRecommendations for
Erika Cormack continued the presentation:
Slide #9
Staff worked with community partners to
evaluate program data
-All desire to increase equity in award
amounts
Developed recommendations together
ORANGE COUNTY
O HOUSING DEPARTMENT
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Slide #10
Staff propose 3 recommendations for 2023
to increase award equity
1. Increase minimum award to $200
2. Establish property value cap
$363,000 $465,000 $563,000 $698,000
Establish $1,500 award limit
ORANGECOUNTY
�a HOUSING DEPARTMENT
Commissioner Fowler asked if people got a minimum award of$200 but their bill was less
than that, how that would work.
Erika Cormack said it is not very likely that a bill would be less than $200.
Nancy Freeman, Tax Administrator said some tax bills are lower than $200, but that real
estate would have very few at that amount. She said that the document says they will award up
to the amount of the tax bill but would not award over that.
Corey Root said that this is just for the county portion of the bill.
Vice-Chair McKee asked for more information on outreach efforts for the coming year.
Corey Root said they issued press releases in 2021 and the biggest outreach was a flyer
that went out with the tax bill, so every homeowner got one. She said many churches were
supplied with flyers, a short video in English and Spanish was posted on social media and Whats
App.
Vice-Chair McKee asked that flyers be distributed to every church and community center.
Corey Root said churches were provided with flyers and a lot of community members were
partnered.
Commissioner Portie-Ascott asked if there is a way to break down the data geographically
by race.
Corey Root said they can do that.
Commissioner Hamilton asked if they take the 2022 data and applied the new
recommendations how it would look. She asked if they would assume they will have the same
number of awardees.
Corey Root said it looked like more $200 awards. She said it put everyone closer to the
cap of$1,500.
Erika Cormack said it was close to 20 more households that would receive the full award.
Commissioner Richards asked for clarification on how the dollar numbers were reached.
Erika Cormack said that if everyone that applied had gotten a full award, then the average
would have been $1,149.
Commissioner Richards said the $1,500 gives some room there and more people could
be served.
Erika Cormack said the recommendations are made with the hope that more people could
get more money.
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PUBLIC COMMENTS:
David Remington said he has been involved with Justice United for many years. He
thanked the Board for making the LHA program possible and expanding it. He said it made
property taxes more affordable for many people. He thanked Housing staff for all their work. He
said this is an excellent proposal and he hopes the Board will approve additional funding to
continue the program.
Horace Johnson thanked the Board for continuing this program. He said part of the reason
this started was because there is a need for it. He asked if they know how many people have lost
their homes due to foreclosures. He said that over the last 10 years people's home values went
up without their income changing. He said that people got out and figured out the people were
hurting. He said that hopefully, this will save people's homes. He said that the numbers of people
getting tax assistance continues to rise. He said better care needs to be taken of the original
people who built this community. He said it is tragic the number of people who lost their homes to
foreclosure in the past 10 years.
George Barrett, the executive director of the Jackson Center, said he is speaking for many
neighbors who were not able to be present. He lifted up Paul Caldwell (lifelong resident of
Northside) who said, "believe it or not, I've been asked numerous times to sell my property but
that's my little piece of the rock... and I have pride in being a resident of Northside". He said this
is the importance of staying in place. He thanked the Board for continuing LHA for another year
and said that it is essential to helping people stay in place. He thanked the Board and Housing
staff for their work with the community and Justice United.
Chair Bedford said this program was continued with the approval of the budget, and this
is to consider some program changes.
Commissioner Fowler said she agrees with the recommendations and would like to
consider and revisit the program each year.
A motion was made by Commissioner Fowler, seconded by Commissioner Richards, to
approve the design changes for the Longtime Homeowner Assistance program as recommended.
Commissioner Richards thanked Housing and Tax staff for their work on this program and
their recommendations. She said that this is a great example of what can come out of a
partnership. She said she appreciates the way they broke down the data on who is served by the
program.
VOTE: UNANIMOUS
d. Proposed Designation of County Surplus Property and Proposed Release of Request
for Proposals for Use of County Capital Investment Plan (CIP) and Bond Funds and
Designated Surplus Land for Affordable Housing
The Board received the timeline to release Request for Proposals (RFP) for use of County bond
funds and CIP funds for affordable housing projects, and approved the following:
1) A resolution declaring eleven (11) County owned parcels surplus land for the purposes of
affordable housing development and authorizing the County Manager the convey these
parcels to affordable Housing developers by private sale or other means; and
2) The schedule for release of the Housing Department RFP for use of the remaining amount
of affordable housing bond funds, the first$5 million distribution of CIP affordable housing
funds, and eleven (11) County-owned parcels for affordable housing development.
BACKGROUND: Orange County voters approved $5 million for affordable housing development
in 2016. The Housing Department distributed the bulk of these funds in two rounds —$2.5 million
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in 2017 and $2.5 million in 2020. There are $769,680 in remaining unspent funds and bond sale
proceeds that Housing Department staff would like to make available for affordable housing
projects in the summer of 2023.
At the June 8, 2023 Budget Work Session, the Board of County Commissioners provided direction
that an additional $5 million for affordable housing development be allocated from the Capital
Investment Plan (CIP) funding for FY 2023-2024. The CIP also includes $5 million allocations in
FY 2026-27 and FY 2029-30 for a total of $15 million for affordable housing development over
ten years.
In addition, working with colleagues in the Planning & Inspections Department, Asset
Management Services, and the County Attorney's Office, staff identified eleven (11) parcels of
land that could be appropriate for affordable housing development. Staff are requesting that the
Board:
1) Declare these eleven (11) parcels of land surplus for affordable housing;
2) Authorize staff to proceed with an RFP offering $769,680 in remaining bond funds, $5
million in CIP affordable housing funds, and these eleven (11) parcels to affordable
housing developers; and
3) Authorize the conveyance of these County-owned parcels to affordable housing
developers by private sale or other means.
The attached resolution authorizes the County Manager to:
1) Declare these eleven (11) parcels as surplus for affordable housing:
PIN Location Jurisdiction Acreage
9865614458 108 Mollie Court Hillsborough 1.24
9865517394 229 Daye Street Hillsborough 0.64
9865622018 Faucette Mill Road Hillsborough 0.67
9844786326 US 70 West Orange County 0.07
9844881230 US 70 West Orange County 1.37
9844786242 US 70 West Orange County 0.41
9778941081 Wentworth Street Chapel Hill 0.34
9778930971 Wentworth Street Chapel Hill 0.38
9778941099 Wentworth Street Chapel Hill 0.17
9778631313 NC 54 Carrboro 0.91
9778635482 NC 54 Carrboro 1.95
2) Sell the properties by negotiated sale to either a public or private entity for the purpose of
developing affordable housing for persons of low to moderate income (the property could
be offered for below market rates to serve as a subsidy for the affordable housing project);
3) Lease the property to a public or private entity for the purpose of developing affordable
housing for persons of low to moderate income (the lease rate could also be negotiated
below market rate to serve as a subsidy for the affordable housing project); and
4) In the event that there are no developers interested in option (1) or (2), sell the property
on the private market with the proceeds of the sale dedicated to other affordable housing
projects.
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The Resolution would also authorize the County Manager to place terms, conditions and
standards on the sale that would ensure that the properties are safe, convenient and remain
affordable. If the Board approves the resolution, the contents of the resolution must be
summarized and published once after its adoption. No sale can take place until 10 days after
publication.
Housing staff recommend the following schedule for the RFP release, evaluation, and award of
the remaining bond funds, FY 2023-24 CIP affordable housing funds, and designated surplus
land:
• July 10, 2023 — RFP Application Released
• July 10-July 21, 2023 —Application Workshop(s)
• August 31, 2023—Applications Due
• September 2023— Staff and Affordable Housing Advisory Board Application Review
• October 2023— BOCC Considers Award Recommendations for Funding and Land
• November 2023 — Contracts Executed and Projects Begin
Staff and members of the Orange County Affordable Housing Advisory Board would use the
attached scoring criteria (Attachment 4) to formulate funding and land recommendations for the
BOCC to consider in the fall of 2023.
Corey Root made the following presentation:
Slide #1
ORANGE COUNTY
HOUSING DEPARTMENT
Funding & Surplus Property for
Affordable Housing
June 20, 2023
16
Slide #2
$769,680 in remaining bond fund + $5m
CIP funding for affordable housing
• $15 million in CIP funds allocated for
affordable housing development
• $5 million FY 23-24
• $5 million in FY 26 -27
• $5 million in FY 29 -30
•Staff propose $5.7m available via RFP for
affordable housing developers in summer
2023
" 0R1'tiPdGF "OuNly
HOUSING' UEPARTMENT
Slide #3
2016 $5m affordable housing bond helped to
create/preserve 477 units
DeveloRW Projec MundsVRMct Type'�
CASA Perry Place $1.37 m Rental 48
Development
EmPOWERment 116 Cole St& 606 $475,700 Acquisition 2
Bynum St
Habitat Crescent $925,000 Ownership 24
Magnolia Development
Self-Help Homestead $1.5 m Rental 117
Gardens Development
Site 100
Habitat Weavers Grove $134,160 improvement&homes+
Homeownership 136 lots
EmPOWERment PEACH $700,000 Rental 10
Apartments Development
Chase Park Rental
InChuCo Apartment $165,840 40
building stairwells Rehabilitation
17
Slide #4
Staff propose 11 Count3owned parcels for
affordable housing development
9865614458 108 Mollie Court Hillsborough 1.24
9865517394 229 Daye Street Hillsborough 0.64
9865622018 Faucette Mill Road Hillsborough 0.67
9844786326 US 70 West Orange County 0.07
9844881230 US 70 West Orange County 1.37
9844786242 US 70 West Orange County 0.41
9778941081 Wentworth Street Chapel Hill 0.34
9778930971 Wentworth Street Chapel Hill 0.38
9778941099 Wentworth Street Chapel Hill 0.17
9778631313 NC 54 Carrboro 0.91
9778635482 NC 54 Carrboro 1.95
nORANGE COUNTY
HOUSING DEPARTMENT
Corey Root thanked the planning department for their help in identifying the parcels.
Slide #5
Properties can be sold or leased
1. Sell properties by negotiated sale to either
public or private entity
2. Lease the property to either public or
private entity
Sell property on the private market with
proceeds dedicated to other affordable
housing projects
nORANGE>OUNTY
HOUSING DEPARTMENT
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Slide#6
Staff propose tight timeline to
distribute funds & land quickly
RFP Release: July 10, 2023
-Application Works hop(s): July 10- July 21, 2023
-Applications Due: August 31, 2023
-Application Review: September 2023
• BOCC Considers Award Recommendations for
Funding and Land: October 2023
Project Kickoff: November 2023
0 RAN GE COUNTY
�► HOUSINGDEPAHT111111M
Slide#7
Manager recommendations
1) Receive and approve the timeline to
release Request for Proposals (RFP) for
use of County bond funds and CIP funds
for affordable housing projects
2) Approve and authorize the Chair to sign
the resolution (Attachment 3) declaring
eleven (11 ) County owned parcels as
surplus land for the purposes of affordable
housing COUNTY
i� HOUSING USING dEPA"MEN
Chair Bedford asked if the land could be given away.
John Roberts said the land could be sold for essentially nothing, or $1, or a negotiated
amount. He said that most county property is owned by the taxpayers so it can't be given away.
He said that a nonprofit could be an exception because they would be carrying out the work of
the government on that land. He said that this would be a sale and how it is structured could be
for nothing or have other requirements attached to it.
Chair Bedford asked how this will work.
Bonnie Hammersley said staff will put out an RFP and a non-profit may come in with a
proposal to build a duplex. She said they would identify a property and then request funding from
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the Board from the $5.7 million. She said the proposals will be scored based on the criteria
adopted by the Board a couple of years ago. She said if there is no interest in the land, then the
recommendation would be to sell the land and put the money of the sale to affordable housing.
Commissioner Greene asked that the Board get to review the criteria for the $5 million
bond again before they decide that is what will be used. She asked if any elected people would
have an opportunity to look at the RFP before it goes out.
Bonnie Hammersley said it would require a delay in the process but if the Board would
like to do that, it is fine.
Commissioner Greene said she does not want to slow down the process and asked what
the RFP will say.
Bonnie Hammersley said they can share it with the Board.
Erika Cormack said they were being intentional about when they hope to put the RFP out
due to staff capacity, so they had planned for that.
Commissioner Fowler asked how they would add up the column for income targeted units.
Chair Bedford said it is prorated in the orange. She said that it would show the points and
do a sum.
Bonnie Hammersley said the criteria and the points were determined by the Board.
Commissioner Fowler said it seems like more points should be considered for local
residency.
Bonnie Hammersley said there was a discussion at the time and there was an issue that
they might not accept someone that was not in Orange County and would move to Orange
County. She said it was a legal discussion at the time.
John Roberts said there is a problem with only allowing Orange County residents access.
He said it is an equity problem. He said that a points criterion was discussed for local residents
and that might have been workable.
Vice-Chair McKee said his understanding is the RFP is a request from the county to
providers for proposals. He said that the providers would then respond and then the RFPs will go
to a group for scoring and the points would be used to score the responses to the RFP.
Commissioner Greene said that maybe there is not time for the Board to review the RFP
and the scoring, but she had an issue that there was no attention to transportation.
Commissioner Fowler said there are five points allocated for that issue.
Commissioner Greene said there are people who do not live in Orange County who would
like to be in Orange County, so she is not troubled by the 5 points for that.
PUBLIC COMMENT:
Delores Bailey, executive director of Empowerment Inc, said Empowerment has been
around since 1996. She said that they are building affordable housing with the Peach Project and
the land is being partially conveyed by Chapel Hill. She said that Peach is on Johnson St. and
three of those properties are on the corner of Johnson St. and would be perfect for Peach #2. She
said that Empowerment has also been given an option of an 8-10 acre property and there are
currently five homes on the lots. She said there is potential for more diversity and affordable
housing. She said this is an amazing time for this to be happening. She said that her concentration
will be rentals from 30% to 80% AMI. She said this is going to be an amazing opportunity.
Chair Bedford said the Board of Commissioners did not go with the recommendations
from the advisory groups because they were looking more for the lower in the 30% AMI. She said
these criteria isn't good enough because she'd like to prioritize the number of units that are 30%
AMI. She said she would allocate another 30 points for that. She said some of the Towns are
doing 60% AMI, but they say it is up to the county. She said she is a parent of a special needs
adult, and those populations need additional points. She said that should be the priority. She said
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there are ways to adapt the criteria to prioritize those issues. She said that she is not sure her
colleagues agree with her prioritization.
Bonnie Hammersley said changing the priorities would change the timeline for this
because scoring criteria would need to go out with the RFP.
Commissioner Portie-Ascott asked if there is a deadline.
Bonnie Hammersley said they are trying to get this moving because it takes time. She said
that by November, they would not see any development for 2-3 years. She said starting the front
end as soon as possible is better.
Commissioner Richards said she would not be in favor of increasing point values. She
said that she has issue with leveraging the presupposed bigger organizations with sources of
funds. She asked if that pre-stacks the deck to the larger organizations.
Commissioner Greene said she agrees with Commissioner Richards.
Commissioner Portie-Ascott asked how likely it would be for the developer to request the
land and nothing else.
Corey Root said there was one request for land and the process took around 8 months or
so because appraisals had to be done.
John Roberts said that if it were to be free, something would have to be given in lieu of
cash. He said that building public housing or low income/affordable housing would be a condition.
Commissioner Hamilton said she is really torn because of the timing and the need but that
she feels uneasy with the scoring rubric that this Board has not had a chance to look at and
change the priorities. She said she does not want to move forward too fast and not make the
impact they wanted to make.
Commissioner Fowler said the whole RFP has to target affordable housing folks less than
80%. She asked if people could apply for mixed use.
Corey Root said only the units that are affordable housing are scored.
Commissioner Fowler said she still has a concern about special needs.
Vice-Chair McKee said he is unaware of any issues that the scoring brought before. He
said that he has no concern with scoring rubric as previously approved. He said that the developer
will not build until they own the land. He said that given all the steps, this needs to go out and he
does not want to push this back. He said that they can make any adjustments in the next
configuration.
Commissioner Greene said she agrees. She said that she has a strong feeling to get
money out as soon as possible. She said that some parcels have access issues, and some are
very small so almost a one-off project. She said for this particular set of properties, the criteria are
fine, and she is happy to work with the criteria.
Chair Bedford said she agrees with Commissioner Greene on these particular properties,
but there was a conflict and legal question, when the final $2.5 million came in, that the Board
overrode the criteria and gave more money to one organization over another that scored higher.
She asked how much leeway they have to change funding recommendations and what is the
legal claim there.
John Roberts said there is no legal claim. He said this Board is not bound by a prior
Board's policy decision. He said if there are exceptions, then there are exceptions.
Commissioner Fowler asked what percentage of units went to folks with special needs in
last funding.
Corey Root said it could be one unit in many.
Commissioner Hamilton asked about the resolution and what is the definition of low or
moderate income.
Corey Root said moderate is defined at 50%.
Commissioner Greene said those are HUD definitions.
Commissioner Hamilton asked if it is clear they are using the HUD definitions.
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Commissioner Richards said on page 31 the definition of special needs includes
disabilities, veterans, and homeless. She said she thought it would be for special needs that it
meant that definition. She said she is wanting to understand Commissioner Fowler's concerns.
Commissioner Fowler said her concern is that if they only reserve 1 unit in 200 for a person
with special needs, and they qualify for those points, it does not seem like it is getting at the intent.
She said this is just a yes or no and not how many.
A motion was made by Commissioner Richards, seconded by Commissioner Greene, to
approve and authorize the Chair to sign the resolution (Attachment 3) declaring eleven (11)
County owned parcels as surplus land for the purposes of affordable housing development.
VOTE: Ayes, 6 (Commissioner Richards, Commissioner Hamilton, Commissioner Portie-
Ascott, Vice-Chair McKee, Commissioner Fowler, Commissioner Greene); Nays, 1 (Chair
Bedford)
MOTION PASSES
7. Reports
None.
8. Consent Agenda
• Removal of Any Items from Consent Agenda
• Approval of Remaining Consent Agenda
• Discussion and Approval of the Items Removed from the Consent Agenda
Chair Bedford asked to pull item 8-d from the consent agenda.
A motion was made by Vice-Chair McKee, seconded by Commissioner Hamilton, to
approve the remaining consent agenda.
VOTE: UNANIMOUS
Regarding item 8-d, Chair Bedford said that the difference between clerical and appraisal
error seems unclear and unfair.
John Roberts said there are two cases reflected in the materials. He said that the 1992
case is from the Court of Appeals and says that an error of judgment is not an illegal tax. He said
the 1997 case says that a clerical error is not an error of judgement. He said that he sent an email
to the Board that points out the statute says they can issue refunds for taxes that were paid in
three situations, clerical error, appraisal error, and an illegal tax. He said that the two biggest
problems are if Board opens up all errors of judgment, they could have to review everything. He
said that is because no house is going to be an exact appraisal. He said they do not go into every
house and appraise it. He said that if the Board votes to grant a refund, that does not fit into the
category, then those Board members will be personally liable for that amount if a taxpayer of the
county challenged that decision. He said he understands there are issues with paying this based
on something that does not exist, but the law is very limited. He said that they are going to be
billed the correct amount going forward, but no way under current statute to award refund.
Commissioner Portie-Ascott said it is hard to understand that the appraiser writing
something incorrectly is not a clerical error and the property owner is harmed. She said it does
not feel right and she is still confused why it is considered a judgment issue.
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Chair Bedford said she wanted to give this issue the full attention of the Board. She said
that she wants Mr. Busby to be heard.
A motion was made by Chair Bedford, seconded by Vice-Chair McKee, to deny the refund
request.
VOTE: UNANIMOUS
John Roberts said there is an article from the School of Government written after the
Supreme Court decided what a clerical error is. He said this happens in every county and is an
ongoing issue that the legislature has not addressed.
a. Minutes
The Board approved the draft minutes for the April 27, 2023, May 2, 2023, May 9, 2023, and May
11, 2023 BOCC Meeting as submitted by the Clerk to the Board.
b. Motor Vehicle Property Tax Releases/Refunds
The Board adopted a resolution to release motor vehicle property tax values for one (1) taxpayer
with a total of one (1) bill that will result in a reduction of revenue.
c. Property Tax Releases/Refunds
The Board adopted a resolution to release property tax values for five (5) taxpayers with a total
of thirteen (13) bills that will result in a reduction of revenue.
d. Tax Refund Request—Walker Hall Busby, Jr.
The Board considered a refund request for taxes submitted by Walker Hall Busby, Jr.
e. Proclamation Recognizing Susan Worley
The Board approved a proclamation recognizing and expressing gratitude to Susan Worley for
her devotion and service to the people of Orange County.
f. Renewal of Health Services Agreement with Southern Health Partners for Medical
Services at the Orange County Detention Center
The Board approved a renewal of the Health Services Agreement with Southern Health Partners
for medical services at the Orange County Detention Center for Contract Period July 1, 2023
through June 30, 2024.
g. JCPC Certification and County Plan for FY 2023-2024
The Board approved the Orange County Juvenile Crime Prevention Council (JCPC) Certification
and County Plan for FY 2023-2024.
h. Extension of Food and Organic Waste Collection and Composting Contract
The Board approved the extension of the contract with Judy D Brooks Contractor, Inc. that
enables the County to provide collection, hauling and processing for separated food waste and
other organic materials from commercial and institutional establishments throughout Orange
County.
i. Orange County Climate Council Memorandum of Understanding
The Board approved a Memorandum of Understanding (MOU)for the restructuring of the Orange
County Climate Council.
j. Approval of Contracts with Capital Area Workforce Development(CAWD)for Workforce
Innovation & Opportunity Act (WIOA) Program Services
The Board approved a contract with the Capital Area Workforce Development (CAWD) for the
implementation of Workforce Innovation & Opportunity Act (WIOA) employment and training
program services for youth and adults in Orange County.
k. Approval of Consortium Agreement with the Capital Area Workforce Development
Board
The Board approved the proposed Consortium Agreement and authorized the Chair to sign the
agreement when it is approved by Wake County and other Consortium members.
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I. Orange County Transit Governance
The Board adopted the four elements for each of Durham and Orange County's Transit Plan
Implementation Efforts.
m. Boards and Commissions —Appointments
The Board approved the Boards and Commissions appointments as reviewed and discussed
during June 1, 2023 Work Session.
n. Designation of Three Properties as Orange County Historic Landmarks
The Board adopted ordinances to designate three properties as Orange County Historic
Landmarks: Harvey's Chapel AME Church, the Old Eno Quaker Burying Ground, and the David
Faucette House.
o. Fiscal Year 2022-23 Budget Amendment#11
The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year
2022-23.
9. County Manager's Report
Bonnie Hammersley discussed the memorandums included as information items. She
said there will be more meetings with the Board so they are involved in the entire process of the
comprehensive plan. She thanked the Board for their support during the budget process.
10. County Attorney's Report
John Roberts said he sent a legislative update last week, which details some substantial
changes to Boards of Elections.
11. *Appointments
None.
12. Information Items
• June 6, 2023 BOCC Meeting Follow-up Actions List
• Memorandum — NC Mountains to Sea Trail Progress Report
• Memorandum — Comprehensive Land Use Plan — Consultant Contract Amendment
• Memorandum — Orange County/Lumos Broadband Project
13. Closed Session
None.
Adjournment
A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
adjourn the meeting at 8:56 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