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HomeMy WebLinkAboutMinutes 05-14-2024 - Budget Public Hearing and Work Session 1 APPROVED 6/18/24 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS BUDGET AND CAPITAL INVESTMENT PLAN PUBLIC HEARING AND WORK SESSION May 14, 2024 7:00 p.m. The Orange County Board of Commissioners met for a Budget and Capital Investment Plan Public Hearing and Work Session on Tuesday, May 14, 2024, at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice-Chair Sally Greene and Commissioners Amy Fowler, Jean Hamilton, Earl McKee, 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, except for Commissioners McKee and Richards. 1. Opening Remarks Chair Bedford said Commissioner McKee and Commissioner Richards were on their way. She did not read the public charge. 2. Presentation of the County Manager's Recommended FY 2024-25 Budget County Manager Bonnie Hammersley made the following presentation: Slide #1 ORANGE COUNTY NORTH CAROLINA FY2024-25 COUNTY MANAGER RECOMMENDED BUDGET Public Hearing May 14, 2024 2 Slide #2 FY2024-25 RECOMMENDED BUDGET BUDGET GUIDELINES • Minimize Tax Rate Increase • Fund K-12 Continuation • Retain County Workforce • Sustain and Improve Service Levels • Preserve Financial Stability ORANGE COUNTY NORTH CAROLINA Slide #3 FY2024-25 RECOMMENDED BUDGET REVENUES Licenses and Permits 0.1% Miscellaneous 1.0% Appropriated Fund Balance 14% ■Property Taxes ■Sales Tax 7mnsrers ■Licenses and Permits 0.3% ■Miscellaneous ■Appropriated Fund Balance ■Charges for Services ■Intergovernmental ■Transfers ORANGE COUNTY NORTH CAROLINA 3 Slide #4 FY2024-25 RECOMMENDED BUDGET Revenue Projections Property Tax Projections Property Tax Growth 2.45% = $5.3 Million, Recommended Property Tax Increase: $0.0281—balance budget = $6.5M Current Tax Rate= $0.8353 per$100 valuation Recommended Tax Rate= $0.8634 per$100 valuation ORANGE COUNTY NORTH CAROLINA Slide #5 FY2024-25 RECOMMENDED BUDGET Revenue Projections Assessed Current Recommended Rate Value Tax Rate Tax Rate Increase $100,000 $835.30 $863.40 $28.10 $200,000 $1,670.60 $1726.80 $56.20 $300,000 $2,505.90 $2,590.20 $84.30 $400,000 $3,341.20 $3,453.60 $112.40 $500,000 $4,176.50 $4,317.00 $140.50 1-Current Tax Rate =$0.8353 per$100 valuation 2-Recommended Tax Rate = $0.8634 per$100 valuation. ORANGE COUNTY NORTH CAROLINA 4 Slide #6 FY2024-25 RECOMMENDED BUDGET Revenue Projections Sales Tax Projections Sales Tax has slowed to pre-covid levels of single digit percentage increases: - Point of Delivery—4% - Per Capita—3% Projected Increase = $1.6M State Hold Harmless • Anticipated reduction = ($2.2M) Solid Waste Fee Rate Reduction$142 to$138 ORANGE COUNTY NORTH CAROLINA Commissioner McKee arrived at 7:06 p.m. Slide #7 FY2024-25 RECOMMENDED BUDGET EXPENDITURES General Government Support Services Community Services 4.3% 6.4% 5.6% Transfers to Other ■General Government Funds 1.9% Transfer for County Deb ■Support Services Service 4.7 - •Community Services ■Human Services ■Public Safety Durham Tech (Orange ■Education Campus) 0.3% ty ■Durham Tech(Orange Campus) ■Transfer for School Debt Service ■Transfer for County Debt Service ■Transfers to Other Funds ORANGE COUNTY NORTH CAROLINA 5 Slide #8 FY2024-25 RECOMMENDED BUDGET Expenditure Projections Education • Education Continuation Funding Personnel Impacts Wage Adjustment Compensation Increase of Employer Health Insurance Contribution Increase of Employer Retirement Contribution Rate Increase Living Wage ORANGE COUNTY NORTH CAROLINA Slide #9 FY2024-25 RECOMMENDED BUDGET Expenditure Projections Operating Impacts Inflationary Increases Employee Retention Fund new Southern Branch Library Reduce Department operating appropriations to historical spend rates Reduce Travel and Training to historical spend rates No net new positions ORANGE COUNTY NORTH CAROLINA 6 Slide #10 FY2024-25 RECOMMENDED BUDGET Tr Change in Rate of Inflation CPI Inflation by Selected Category 12.00% 10.00% 8-00% 6.00% 4.00% ! 2.00% 0.00% —AUK.— —Food —Shelter ORANGE COUNTY NORTH CAROLINA Slide #11 FY2024-25 RECOMMENDED BUDGET K-12 EDUCATION Chapel Hill FY 2023-24 Cab 'Schoolsoro City Current Continuation Expansion Manager Recommended Current Expense $60,158,538 $65,609,988 $6739143988 _$63,124,906 $2,966,368 etP Pupil $5,346 $5,889 $6,096 $5,666 $320 Special District Tax-1 $0.198 $0.198 $0.198 $0.198 $0 FY 2023-24 Orange County . . Expansion Schools . . Recommended Increase Current Expense $42,784,038 $44,542,182 $47,647,282 $44,965,376 $2,181,338 Per-Pupil $5,346 $5,613 $6,004 $59666 $320 1-An increase in the Special District Tax for CHCCS is not recommended ORANGE COUNTY NORTH CAROLINA Slide #12 FY2024-25 RECOMMENDED BUDGET EDUCATION FY 20Education FY 24-25 Percent l2023-24 Recommend Change Current Expense $89,353,187 $93,578,78 $102,942,576 $108,090,28 20.97% Health and Safety. $3,629,597 $3,738,485 $33888,025 $4,004,666 10.33% Ca ital Pa -Go $0 $1,200,000 $2,700,000 $3,060,000 100.00% :1 1 Total K-12 Funding $116,721,030 $120,324,620 $130,852,731 $134,347,151 15.10% Total GF Revenues $238,794,177 $255,500,691 $272,505,528 $287,425,795 20.37% Percent of GF Enrollment 20,461 19,465 19,256 19,077 -6.76% Per Pupil Funding $4,367 $4,808 $5,346 $5,666 29.75% 1-Unexpended Capital Balance$55M � ORANGE COUNTY NORTH CAROLINA Commissioner Richards arrived at 7:10 p.m. Slide #13 FY2024-25 RECOMMENDED BUDGET EDUCATION Iturham Technical i I i I - r Community college i: .se ffvequest i i r r Current Expenses $ 900,346 $ 1,157,360 $ 945,363 $ 45,017 Capital Outlay $ 75,000 $ 100,000 $ 75,000 $ - Innovation Hub* $ 20,000 $ 20,000 $ 20,000 $ - Back to Work Initiative*$ 100,000 $ 100,000 $ 100,000 $ - Durham Tech Promise* $ 200,000$ 200,000$ 200,000 $ - Small Business Center Coordinator* $ 70,000 $ 70,000 $ 70,000 $ - Apprenticeship Coordinator* $ 8,249 $ 8,755 $ 8,755 $ 506 Funded in Article 46,outside of the General Fund ORANGE COUNTY NORTH CAROLINA 8 Slide #14 FY2024-25 RECOMMENDED BUDGET EMPLOYEE COMPENSATION PACKAGE COUNTY • • • %Increase Total i Compensation Adjustment 4% $3,200,000 a Living Wage Adjustment 6% $75,000 Health&Dental Insurance 5% $640,000 Retirement Increase $530,000 3RM Matching �$75,00 for 1-Compensation adjustment includes Merit and OlKadjustments of 4% 2-Living Wage Increase living wage for temporary employees from$16.60 per hour to$17.65per hour 3-Allow equitable dlstdbution of 401K supplement ORANGE COUNTY NORTH CAROLINA Slide #15 FY2024-25 RECOMMENDED BUDGET OUTSIDE AGENCIES • - i - I • FApproved Agencies Funded 42 52 38 3 Total $ 1,037,016 $ 1,969,914 $ 884,439 $ 162,776 ❑ Beginning in FY 2024-25, the agencies that are eligible to bill Medicaid and receive Maintenance of Effort(MOE)funds will be moved to the MOE fund and will be managed by Alliance. ❑ There were seven (7) new agencies requesting funding of$144,000, four (4) new agencies were recommended to receive funding for a total of $22,500. ORANGE COUNTY NORTH CAROLINA 9 Slide #16 FY2024-25 RECOMMENDED BUDGET FIRE DISTRICTS CURRENT • . • TAX RATE INCREASE Cedar Grove $0.09 $0.00 $0.09 Chapel Hill $0.1387 $0.00 $0.1387 Damascus $0.1280 $0.00 $0.1280 Efland $0.1028 $0.00 $0.1028 Little River $0,0739 $0.00 $0.0739 Orange Grove $0.0927 $0.00 $0.0827 South Orange $0.0909 $0.00 $0.0909 $0.1280 $0.00 $0.1280 $0.1384 ORANGE COUNTY NORTH CAROLINA Slide #17 FY2024-25 RECOMMENDED BUDGET BUDGET PUBLIC HEARINGS DATE Budget and Capital Investment Plan(CIP) May 14&May 30 BUDGET WORK SESSION Schools,Durham Tech, and Outside Agencies May 16 Fire District,Public Safety and Human Services May 23 Support Services,General Government and May 28 Community Services Budget Amendments and Resolution of Intent to June 6 Adopt BOCC REGULAR MEETING DATE FY2024-25 Operating and CIP Budget Adoption June 18 ORANGE COUNTY NORTH CAROLINA 10 Slide #18 FY2024-25 RECOMMENDED BUDGET DOCUMENT AVAILABILITY • Clerk to Board of Commissioners • County Budget Office • Orange County Library • Chapel Hill Public Library • Orange County Website - http://orangecountync.gov �1 ORANGE COUNTY NORTH CAROLINA Slide #19 FY2024-25 RECOMMENDED BUDGET Mission Statement Orange County is a visionary leader in providing governmental services valued by our community,beyond those required by law,in an equitable, sustainable,innovative,and efficient way. Vision Statement We are a diverse,inclusive,and healthy county working together to strengthen our community and enhance the quality of life for all residents. ORANGE COUNTY NORTH CAROLINA Commissioner Portie-Ascott asked how the budget would look different if there was not a tax rate increase recommended. Bonnie Hammersley said the county would have to find $6.5 million in the budget to cut. She said $5 million goes to the schools, $3.2 million goes to employees and other than that, there are not that many big numbers. She said the loss of sales tax is$8.1 million. She said neighboring 11 counties are also recommending increases in their budgets. She said that there is not any fluff or extra in the budget. She said the increase is what the county needs to operate. She said she would like to not have to recommend an increase, but she is required by law to submit a balanced budget. She said they went to department budgets and reviewed what could be cut. She said it is a time when they cannot leave money on the table and department budgets are tight. She said she would not recommend moving sales tax projections. Commissioner McKee asked what caused the extreme drop in the sales tax revenue. Bonnie Hammersley said it is difficult to know but during the pandemic, there was a lot of money coming from the federal government to families and they were spending money. She said businesses also received money during that time. Commissioner McKee asked if the reduction is anticipated to continue in future fiscal years. Bonnie Hammersley said it is difficult to tell but the state of NC is projecting 2% and the hope is that it is a plateau, and it will start moving back up. Commissioner Richards asked for more information on removing the matching requirements for the 401 k. Bonnie Hammersley said law enforcement gets a 5% 401 k contribution per state law. She said that there was a desire in the 1990s to offer something for other employees. She said not all employees can afford to match, so they do not get the supplement. She said she is recommending that all employees get the employer contribution of$100. Chair Bedford said it would be an employer contribution regardless of whether it is deferred or not. Bonnie Hammersley said yes. She said most employees will continue to match because it is a benefit to them. She said the total cost is $75,000 to implement. Commissioner Richards said one of the things she hears a lot about from non-profit organizations is that there is no room for new non-profits to receive funding. She said she sees in the budget that seven new organizations requested funds totaling $144,000, and the County Manager recommended $22,000. Bonnie Hammersley said without a history, new requests cannot score the same number of points as a previously funded non-profit. She said that the rubric was changed this year and the most any non-profit could expect to receive is their base amount plus a maximum of$10,000 additional dollars. Commissioner Richards said if an organization is new, it will never have a history. Bonnie Hammersley said they will in future years if it gets funded. 3. Public Comments A motion was made by Vice-Chair Greene, seconded by Commissioner Hamilton, to open the public hearing on the budget and capital investment plan. VOTE: UNANIMOUS Gail Hughes said she is a former employee with Soil and Water and is a member of the Soil and Water Conservation Board currently. She said she is representing the five-member board in a request to the Commissioners. She said staff requested a temporary part-time position. She said that the Board would like to request a temporary part-time position consideration from the Board even though they have implemented a hiring freeze. She said the reason is that they had three senior technical staff members retire in the last 3.5 years. She said that new employees do not have all of the certifications required or needed to complete the agricultural certification projects. She said it takes years to have enough experience for the certifications. She said that they can use the part-time position for continued training and project oversight. She said the 12 person they have in mind has the certifications required and that will allow the work to continue. She said without this, they will have to request engineering assistance from the state and federal governments and there will be long wait times for these projects. She said the wait would likely endanger funding and projects necessary for the agricultural community. A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to close the public hearing on the budget and capital investment plan. VOTE: UNANIMOUS At this time the budget public hearing portion of the meeting ended, and the Board transitioned to a work session. 4. Amendments to Rules of Procedure for Hybrid and Remote Meetings The Board discussed possible amendments to the Board of County Commissioners' Rules of Procedure for conducting hybrid and remote meetings. BACKGROUND: In 2021 the BOCC amended its Rules of Procedure to apply the rules to electronic meetings. However, at that time the BOCC did not address the concept of hybrid meetings, during which some members are physically present and others are attending remotely or electronically. At this time there are no anticipated additional financial costs for conducting hybrid or remote meetings. Due to previously planned upgrades at Southern Human Services Center, the ability to conduct hybrid and remote meetings will be possible from both meeting rooms at the Whitted and Southern Human Services Centers. These upgrades will be completed by the end of May 2024. Additional staff time will be required to manage hybrid meetings; however, the staff in question are exempt County employees and do not earn overtime compensation. There are no additional costs anticipated by the contracted audio and visual vendors for conducting hybrid or remote meetings. While discussing hybrid and remote meetings, the Board of County Commissioners may want to consider the following questions or topics: ■ What types of meetings could be conducted remotely or as a hybrid meeting? o Business Meetings o Regular Work Sessions o Budget Work Sessions o Budget Public Hearings o Board Retreats o Joint Meetings with School Boards o Assembly of Governments Meetings o Other Joint Meetings o Special Meetings o Closed Sessions ■ How many Board members can participate remotely in a hybrid meeting? ■ Can other elected officials remotely participate in a Joint Meeting? ■ How often could hybrid or remote meetings occur? ■ What public notice is required for changing an in-person meeting to remote or hybrid? ■ What if there are technology issues and a Board member cannot be seen and/or heard? How might this impact potential Board actions? ■ Are there Americans with Disabilities Act (ADA) considerations? 13 ■ Could a member of the public participate/speak remotely during a remote or hybrid meeting? ■ What do other North Carolina counties allow? Laura Jensen said this was an opportunity for the Board to discuss the possibility of conducting remote and/or hybrid meetings. John Roberts said state statutes do allow for electronic meetings, but they do not specify what electronic meetings are. He said the statutes do not provide any rules. He said that during the pandemic, the legislature came up with a very detailed overview of remote meetings, but one provision specifies that it is only allowed during a declared emergency. He said that that rule also did not invalidate electronic meetings, whatever those are. He said that the Board can set the rules for what an electronic meeting outside of a state of emergency may be and he can provide guidance. Chair Bedford asked if by electronic meetings, John Roberts meant hybrid meetings. John Roberts said it can be and that electronic meeting would mean remote attendance, but it is not a remote meeting under the declaration of emergency statute. Chair Bedford asked if they can be 100% remote. John Roberts said that he does not recommend a fully remote hybrid meeting and that four people be present as a physical quorum. He said if the Board wants to have a fully remote electronic meeting there could be legal liability if they are making decisions on substantive topics like the budget. Vice-Chair Greene asked if there is a quorum of four people physically present and three people who are remote, if the three people get to vote. John Roberts said if they set the rules to allow that, then yes. He said that his recommendation is to not allow business meetings to be remote because there is no case law, and no judge has interpreted what that means. Chair Bedford said she had forwarded to the Board information on what the Town of Hillsborough had adopted, and the School of Government has agreed with the policy. She said that business, or voting meetings, could not be 100% remote. Commissioner Fowler asked if other counties are holding remote meetings. Laura Jensen said three counties are allowing some sort of remote participation and only shared any rules for that participation. Commissioner Fowler asked if they allow any remote participation. Laura Jensen said that Wayne County's rule is that a majority of the Board of Commissioners must vote at that meeting to allow the person to attend remotely. Chair Bedford asked if Durham and Alexander allow it. Laura Jensen said that Durham and Alexander allow it, but there are no guidelines. Commissioner Richards said that currently the rules only allow a remote commissioner to watch but not participate. She said that she thinks if they are having a decision-making meeting, then they do not need to be hybrid because she worries about that. She also said that she would want advance notice if a commissioner was not going to be in physical attendance. Chair Bedford reviewed the questions she had and the order in which she thought the Board could discuss the topic. She said they needed to determine what type of meetings they could conduct as hybrid meetings. She said then they could determine how many people could be remote; should a commissioner sign up in advance; would it be considered first come, first serve; how many hours in advance should the request be made; how many times per month or year would it be allowed; could the County Manager, County Attorney, or Clerk to the Board be remote; would the public be allowed to give comments remotely, which would only apply during business meetings; and that they need to be careful for certain public hearings that involve federal funds. 14 Commissioner Hamilton said that it seems to her they should talk about the "why"first and then the impact on the public. She asked if they should be doing it at all before they get into"how." Commissioner McKee said he had watched a meeting when he was sick. He said he made a request to remote in on the school board joint meetings, he gave it little consideration, and it was an ill-advised request from this distance. He said it was not a business meeting and there were no votes to be taken and, in his mind, he said he was thinking that he would like to watch and if he had a question, he would have liked to be able to ask the question. He said that trying to change the rules to allow hybrid attendance gets very complicated. He said after reviewing all of the possible changes, he has decided that if it is not broken, it does not need to be fixed. He said everything operates smoothly and they are able to achieve quorum and the only time they had to do it was during COVID and it worked, but it still was not ideal. He said that he did not give the question enough consideration of long-term impact and now he is not a fan of changing the policy. Commissioner Hamilton said that she agrees with Commissioner McKee and that she does not see a benefit to this change. She said that they are an elected body, and they have a responsibility to the public to be in-person. She said that she started her commissioner career in COVID and she said she lost a lot by not having the in-person connection. She said they make decisions as a board and that it helps the cohesion when they are in person and together. She said if people are out for a reason, it does not change the impact if they miss a couple of times a year. She said that if the meeting is hybrid, if there is a technical problem, it would be frustrating trying to get the issue solved. Commissioner Richards said she likes the way they operate now. She said that they do not miss meetings often and she said that it would possibly incentivize them not attending if this is an option. Commissioner Fowler said she would have been okay working something out with allowing some remote participation and she was approaching that with curiosity around if she had to be out, and she wanted to attend to have questions, how that could happen. She said that she thinks it works fine the way it is and there is no need to change it. Commissioner Portie-Ascott said that she likes meetings in person. She said that she likes that they are efficient in their decision making. She said she wondered if that meant a commissioner could choose to always be remote and what that would mean for them. Commissioner Fowler said that if there were ever younger commissioners that had young children and they would need to hire a sitter to participate in person, then she would suggest that they reconsider the issue. Chair Bedford said technological glitches happen and they cannot be planned around. She said that her brother said to test logic, sometimes they examine the extreme. She said that he is in Michigan and several of the council members go to Florida for five months at a time and this created an issue. She said that she thinks they may need wording that says hybrid meetings are not allowed at this time because it could always be changed. She said that there could be a time when a person has a short-term disability, and they may need ADA accommodations. John Roberts said that this is not a job so he cannot speak to this for the commissioners. He said that if it were an employee, he can look into this. Chair Bedford said medical issues may come up in the future. Commissioner Portie Ascott asked if they can suspend the rules and allow remote participation. John Roberts said they can always suspend the rules, but he does not recommend that. He said that this could be a situation that would be appropriate. Commissioner Hamilton said that it is hard to predict the future and if there is a situation that is unusual, the Board can discuss at that time. She said that boards change, and people change. She said they may not be following their own rules currently and that they should go over them. 15 Chair Bedford asked if they needed to say that hybrid participation is not allowed. John Roberts said that it currently does not authorize hybrid or remote participation. Commissioner McKee said that the rules and the protocols they have been operating under would still apply and they have not been allowing it. John Roberts said that he agrees with that. He said that the rules apply to hybrid or remote meetings but there are no rules that say how they will occur. Commissioner McKee said they can chalk this up to his one crazy idea for the year and move on. 5. Affordable Housing Advisory Board on Aging —Appointments Discussion The Board discussed appointments to the Affordable Housing Advisory Board. BACKGROUND: The Affordable Housing Advisory Board prioritizes affordable housing needs and assesses project proposals. The Board also publicizes the County's housing objectives, monitors the progress of local housing programs, explores new funding opportunities, and works to increase the community's awareness of, understanding of, commitment to, and involvement in producing attractive affordable housing.As a general practice,this Board has decided not to make recommendations for vacancies. The Board of County Commissioners appoints all fifteen (15) At-Large members. The following individuals and positions are presented for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Hasan Abdullah At-Large Second Full Term 06/30/2027 Monica At-Large First Full Term 06/30/2027 Palmiera re-a ointment BOCC At-Large Partial Term 09/30/2025 Appointee BOCC At-Large First Full Term 06/30/2027 Appointee BOCC At-Large First Full Term 06/30/2027 Appointee If the positions listed above are filled, no vacancies remain. Tara May introduced the item. The Board agreed by consensus on the recommended applicants. Commissioner Fowler suggested Beth Akers, Thomas Grasty, David Roth, or Andrew Semmes for the remaining at-large positions. Chair Bedford suggested MZ K Johnson. Commissioner Portie-Ascott agreed with Andrew Semmes and suggested Todd Orr. The Board agreed by consensus on Thomas Grasty, MZ K Johnson, and Andrew Semmes. 6. Alcoholic Beverage Control Board —Appointments Discussion The Board discussed an appointment to the Alcoholic Beverage Control Board. 16 BACKGROUND: The ABC Board has the authority to buy, sell, transport and possess alcoholic beverages for the operation of its stores. This Board also adopts rules for the ABC system and has the authority to hire and dismiss employees. The Board of County Commissioners appoints all five (5) At-Large members. The following individuals are presented for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Jenn Sykes At-Large First Full Term 06/30/2027 Judson At-Large Second Full Term 06/30/2027 Williamson Pursuant to North Carolina General Statute 18B-700, the Board of Commissioners shall designate a member of the local ABC Board to serve as Chair. Judson Williamson (current Vice-Chair) has volunteered to be appointed as Chair, with support from the ABC Board members. One of the following ABC Board members may be designated as Chair: NAME POSITION DESCRIPTION EXPIRATION DATE Judson Williamson At-Large 06/30/2024 (recommended for reappointment Mike Zito At-Large 06/30/2026 Melvin Green At-Large 06/30/2026 Elizabeth Carter At-Large 06/30/2025 Tara May introduced the item. Commissioner Richards said the ABC Board strongly supports the recommendation of Jenn Sykes. Commissioner Portie-Ascott said she likes to give community members an opportunity. Chair Bedford said that appointing Jenn Sykes would improve gender, age, and ethnic diversity on the ABC Board. The Board agreed by consensus on the recommended applicants. The Board agreed to appoint Judson Williamson as chair. 7. Durham Technical Community College Board of Trustees —Appointment Discussion The Board discussed an appointment to the Durham Technical Community College Board of Trustees. BACKGROUND: Durham Technical Community College is governed by a Board of Trustees. Four members of the Board are appointed by the governor, four are appointed by the Durham County Board of Commissioners, four are appointed by the Durham Public Schools Board of Education, and two are appointed by the Orange County Board of Commissioners. Trustees serve four-year terms and set local policy for the College. 17 The following individual is presented for Board consideration: NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Janet Hadar At-Large First Full Term 06/30/2028 re-appointment If the position listed above is filled, no vacancies remain. Tara May introduced the item. The Board agreed by consensus on the recommended applicant. 8. Orange County Board of Adjustment -Appointments Discussion The Board discussed appointments to the Orange County Board of Adjustment. BACKGROUND: The Board of Adjustment hears, reviews, decides appeals, and reviews any order requirement, decision, or determination made by the Zoning Officer in the performance of official duties. It also hears and decides applications for the approval of those Special Uses requiring Board of Adjustment approval, in accordance with the rules and conditions detailed in the Unified Development Ordinance (UDO), hears and decides appeals for variances from the dimensional regulations of the Unified Development Ordinance(UDO), and decides or determines other matters as may be required by the Unified Development Ordinance (UDO) or State law. The Board of County Commissioners appoints all seven (7) members. Due to the nature of its work, the Board of Adjustment does not make recommendations for appointments. The following individuals are presented for Board consideration: NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Nathan Member Second Full Term 06/30/2027 Robinson Greg Niemiroski Member First Full Term 06/30/2027 (re-appointment) Adam Beeman Alternate First Full Term 06/30/2027 (re-appointment If the individuals listed above are appointed, no vacancies remain. Tara May introduced the item. She said there had been questions about a potential conflict of interest for one of the recommended applicants who also serves on the Planning Board, Adam Beeman. She said that the County Attorney sent information to the Board regarding the question. Tara May said that it is her understanding that there is not a conflict of interest, despite how it may appear. The Board agreed by consensus to appoint Nathan Robinson and Greg Niemiroski to the Board of Adjustment. 18 Chair Bedford explained her concerns regarding the recommendation of Adam Beeman. She said that Adam Bronson's term on the Planning Board expires in about 10 months. She said that Elizabeth Bronson also serves on the Board of Adjustment and the Planning Board, and her term expires in March 2025. She said that two recent projects went on Lawrence Road went to the Planning Board and Board of Adjustment. She said the first went to the Planning Board and then to the Board of Commissioners. She said the second went to the Board of Adjustment. She said that members of the community felt that it was a conflict of interest to have two members of the Planning Board on the Board of Adjustment. She said that the County Attorney said that no decision made by the Planning Board or to the Board of Commissioners would be appealed to the Board of Adjustment. She said that it is not in fact a conflict of interest. John Roberts said that the second Lawrence Road project was a special use permit. He said that Board of Adjustment members are expected to be impartial when considering permit applications. He said that they cannot know what is in someone's mind, but it is certainly conceivable that someone who voted in support of the first planning and zoning request for school and athletic fields would be equally supportive of something that was just athletic fields. Chair Bedford said it could be useful for someone with experience on the Planning Board to serve on the Board of Adjustment because they know about the UDO and the different planning rules. She suggested Andrew Meyers for the remaining position. Commissioner McKee said there is a difference between having an appearance of a conflict of interest and an actual legally defined conflict of interest. He said he does not have a problem with appointing Adam Beeman. Commissioner Hamilton said she has deeper concerns about how the Board of Commissioners makes decisions on the Board of Adjustment. She said it is a quasi-judicial board which is unique compared to the other boards they are making decisions about. She said she would like to do know how they are functioning on the board. She asked if there is a way to have a different process for making decisions for the Board of Adjustment or others like it. Vice-Chair Greene said they do not have to decide if there is a conflict but are in the position of appointing someone. She said she understands the difference between a legal conflict and a perceived conflict, and that the public does have a perception of a conflict. She said she does not think they should appoint a current member of the Planning Board to the Board of Adjustment. Commissioner Fowler agreed with Vice-Chair Greene. Commissioner Portie-Ascott said it is good to give others an opportunity to serve. Chair Bedford said one option is to ask Tara May to advertise for more applications. The Board agreed to re-advertise the vacant position. Tara May said the advertisement would be made over the summer. Commissioner Fowler said that for the other person serving on both boards that they would let her finish her term and then not renew. Chair Bedford said yes, and that the individual would need to pick which one she would like to serve on. 9. Orange Water and Sewer Authority Board of Directors —Appointments Discussion The Board discussed appointments to the Orange Water and Sewer Authority Board of Directors. BACKGROUND: The OWASA Board of Directors adopts OWASA's annual budget, approves bond issues to fund capital projects, makes policy decisions, and sets rates, fees, and charges based on cost-of-service principles. The Board also appoints an Executive Director, independent Auditor, and General Counsel. The Board of County Commissioners appoints two (2) members. 19 The following position is presented for Board consideration: NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM BOCC County Resident First Full Term 06/30/2027 Appointee If the position listed above is filled, no vacancies remain. Tara May introduced the item. She said one applicant, Michael Hughes, also serves on the Agricultural Preservation Board and the OUTBoard. She said his first term on the Agricultural Preservation Board ends in June 2024 and he could theoretically serve another term. She said his term on the OUTBoard ends in September 2024, and he could be reappointed. She said he is serving as chair on the OUTBoard. Commissioner Fowler suggested Johnny Randall and Julian Sereno. Commissioner McKee suggested Michael Hughes. Vice-Chair Greene also agreed with Michael Hughes. She said he is a stormwater engineer and has served on the OWASA Board before. Chair Bedford said she also agreed with Michael Hughes. She said in a previous meeting with the OWASA representatives she learned that they are facing similar inflationary costs as the county, they are trying to manage PFAS, and they are trying to figure out if they should do the western intake at Jordan Lake. She said that someone with experience should be on the OWASA board. Commissioner Hamilton suggested Colleen Bridger and John Bucher Chair Bedford said that Colleen Bridger used to be the county health director. Vice-Chair Greene said that Colleen Bridger has interest in serving the county in other positions. The Board agreed by consensus to appoint Michael Hughes. Adjournment A motion was made by Commissioner Fowler, seconded by Vice-Chair Greene, to adjourn the meeting at 8:25 p.m. VOTE: UNANIMOUS Jamezetta Bedford, Chair Laura Jensen Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.