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HomeMy WebLinkAboutMinutes 05-18-2021 Virtual Business meeting 1 APPROVED 9/2121 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS VIRTUAL BUSINESS MEETING May 18, 2021 7:00 p.m. The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, May 18, 2021 at 7:00 p.m. COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford, and Commissioners Mark Dorosin (arrived at 7:03 p.m.), Amy Fowler, Sally Greene, Jean Hamilton, and Earl McKee COUNTY COMMISSIONERS ABSENT: None COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified appropriately below) Chair Price called the meeting to order at 7:00 p.m. A roll call was called; all members were present, except Commissioner Dorosin. Due to current public health concerns, the Board of Commissioners is conducting a Virtual Business Meeting on Tuesday, May 4, 2021. Members of the Board of Commissioners participated in the meeting remotely. As in prior meetings, members of the public were able to view and listen to the meeting via live streaming video at http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). In this new virtual process, there are two methods for public comment. • Written submittals by email • Speaking during the virtual meeting Detailed public comment instructions for each method are provided at the bottom of the agenda. (Pre-registration is required.) 1. Additions or Changes to the Agenda No changes. Chair Price dispensed with reading the public charge. Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks those attending this meeting to conduct themselves in a respectful, courteous manner toward each other, county staff and the commissioners. At any time should a member of the Board or the public fail to observe this charge, the Chair will take steps to restore order and decorum. Should it become impossible to restore order and continue the meeting, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. The BOCC asks that all electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. Please be kind to everyone. 2 Arts Moment— No Arts Moment was available for this meeting. 2. Public Comments a. Matters not on the Printed Agenda None. 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 Bedford said she had no comments. Commissioner Hamilton said she will pull consent item 8-m, the report on school facility needs over the next 10 years. She said the schools have to submit this report to North Carolina Department of Public Instruction (DPI). She said she wants to pull this item because the needs total nearly $500 million over 10 years, and she thinks Commissioners need a plan to address facility needs. She petitioned the Commissioners to set up a work group comprised of County Commissioners, staff, schools board members and staff to create a long-term plan to address these long neglected needs of school facilities. Commissioner McKee said he enthusiastically supports Commissioner Hamilton's petition as well. Commissioner Dorosin arrived at 7:03 p.m. Commissioner Fowler petitioned the Board of County Commissioners (BOCC) to discuss resuming in person local government meetings. She said she would like the Board and staff to consider continuing to run work session meetings virtually, if there are no public hearings. She said when meetings in person start, of which she is in favor, she would like to create a policy and protocol for Commissioners and the public to participate virtually as needed, allowing for greater flexibility and more resident access, more participation, less fuel, and saving of time. She said Covid has offered some useful adaptations, which she would like to consider using, post pandemic. Chair Price said this petition will be discussed at Chair/Vice Chair review, and reminded the BOCC that the state legislature controls how local governments can meet. Commissioner McKee referred to the second line of the public charge, which states: `those attending this meeting to conduct themselves in a respectful, courteous manner toward each other, county staff and the commissioners." He said he attended an information session yesterday about the Buckhorn Area Plan, and was disheartened by comments made toward and about professional staff. He said he considers elected officials to be open game, but does not find derogatory comments made to, or about, professional staff to be acceptable. He said he hopes people would take heed to this, and be more amenable going forward. He referred to Commissioner Fowler's comment about public meetings, and believes public business should be conducted in the public house. He petitioned for the last two public meetings of the year to be held in person at Whitted, which is large enough to accommodate social distancing. Commissioner Greene extended condolences to Chair Price for the loss of her father. Commissioner Dorosin also expressed sympathies to Chair Price. Chair Price said the Elections Advisory Group requested an extension to produce their report, from July 31st until August 15th. She said it seems reasonable since the BOCC will not be meeting during this time. 3 There was consensus amongst Commissioners to grant this extension. 4. Proclamations/ Resolutions/ Special Presentations NONE 5. Public Hearings a. Amendment to the Code of Ordinances — Minimum Housing Standards Ordinance The Board conducted a public hearing on an amendment to the Code of Ordinances to bring the Minimum Housing Standards Ordinance (the "Ordinance") into compliance with Chapter 160D of the North Carolina General Statutes. BACKGROUND: In 2019 Chapter 160D of the North Carolina General Statutes was signed into law. In addition to combining the land use laws applicable to cities and counties into a single chapter, 160D modified the law as it relates to minimum housing ordinances. Soon thereafter staff with the Town of Hillsborough indicated an interest in having the Ordinance enforced within Town limits. These two things prompted a review of the Ordinance during which it was discovered to be in need of updating due to the fact it has not been updated since its original adoption in 1984. Some of the more substantive changes to the Ordinance include: • Section 20-32, adds several definitions and removes the requirement that the enforcement officer be a certified code enforcement official due to the fact that this requirement, at least for the last 15— 20 years, has not been met by the County and enforcement consisted of various staff in the Housing Department. • Section 20-34, adds structural and sanitary maintenance standards; • Section 20-36, adds minimum heating standards; • Section 20-39, adds minimum standards to basements used as living areas; • Section 20-44, clarifies the inspection authority of the public officer; • Section 20-45, clarifies the enforcement authority of public officer to order repair, vacation, and demolition of a property only upon governing board approval, authorizes liens upon property for such costs, and authorizes judicial enforcement action (for demolition and structural conditions the public officer is now required to consult with a County code enforcement official); • Section 20-48, authorizes civil citations and removes the criminal penalty for violations. The Ordinance is currently enforceable within the County's jurisdiction and the amendments will be effective upon adoption. Senior staff with the Town of Hillsborough indicate a desire to adopt the Ordinance for future enforcement within Town limits. John Roberts said the authority for minimum housing codes is found in the new Chapter 160D of the North Carolina General Statutes. He said once 160D was amended, some circumstances arose with the Town of Hillsborough asking the County to enforce its minimum housing code within the Town's jurisdiction. He said, upon review, it was obvious some changes needed to be made. He said the majority of changes come from the statute itself, which allows for additional enforcement authority than in the current code, which has not been amended since it was created in 1984. He said once changes were made, he submitted them to the Planning Department, Housing Department, and Human Rights and Relations Department for comments. He said all of the departments had comments, and the Planning Department questioned why a Certified Code Enforcement Official is listed as the only type of enforcement officer that could be appointed by the Board. He said he did not have an answer 4 to that, as it is not required by state law. He said he spoke to the former Housing director, who believed it was not utilized, and the ordinance was not followed in that manner. He said the most recent enforcement officer wasn't a certified code official. John Roberts reviewed the changes, as follows: Section 20-32, adds several definitions and removes the requirement that the enforcement officer be a certified code enforcement official. This change is offset by requiring the enforcement officer to consult with a certified code enforcement official if minimum housing issue involves a structural defect or if condemnation or demolition is being considered. Section 20-34, adds structural and sanitary maintenance standards from 160D, which were not previously included. Section 20-36, adds minimum heating standards. Section 20-39, adds minimum standards to basements used as living areas and differentiates cellars which by definition have no adequate lights or ventilation. Basements are described as partially exposed to an outside wall and has adequate light and ventilation. Section 20-44, clarifies the inspection authority of the public officer. Section 20-45, clarifies the enforcement authority of public officer to order repair, vacation, and demolition of a property only upon governing board approval, authorizes liens upon property for such costs, and authorizes judicial enforcement action (for demolition and structural conditions the public officer is now required to consult with a County code enforcement official). Section 20-48, authorizes civil citations and removes the criminal penalty for violations of the Ordinance. John Roberts said there are a couple of reasons for this including the General Assembly has been looking at removing criminal penalties from all local ordinance misdemeanors. He said these charges are very low on priority list for the District Attorney's office. Another reason is because there are responsibilities in the Ordinance for tenants to keep up certain requirements, so could be held accountable in addition to landlord. The Ordinance is currently only enforceable in Orange County's jurisdiction, so if the Board approves these changes, the County will work with the Town of Hillsborough so it can adopt in its jurisdiction, and address the possible violations they are seeing. Commissioner Dorosin asked if the enforcement of the ordinance is complaint driven. He said there will not be a coordinated inspections department. John Roberts said that is correct. He said the only way for regular inspections to take place is for the County to declare an area to be blighted. He said this is a change the General Assembly made before 160-D, when it removed the authority for regular inspection from counties. Commissioner Dorosin asked which department would receive the complaints. John Roberts said the Housing Director did not feel the Housing Department was appropriate, and the Planning Department does not have sufficient staff at this time. He said the Human Rights and Relations Director said her investigator could do this. He said he will work with County Manager on the appropriate location. Commissioner Dorosin asked if this information would be put on the website for the public to see, so there would be a way for them to report issues. John Roberts said yes. He said there have not been many enforcement actions, and a lot more publication and public notice is needed. Commissioner Dorosin said a lot of people think only towns have minimum housing standards, and that unincorporated areas are not subject to this kind of code enforcement. He said it is critical to make it a viable and working Ordinance, and he is encouraged that Hillsborough wants to engage the County to have these standards in their jurisdiction. He said Hillsborough has been limited around housing, due to the size and resources of the Town, and can begin more collaboration on housing issues in general. Commissioner Greene said she is concerned to hear that the Planning Department does not have capacity. She asked if the inspection function is part of that department. 5 John Roberts said yes, and clarified that Certified Code Enforcement Officials are hard to come by, and this Ordinance has never been the Planning Department's responsibility. He said the old ordinance required that Code Enforcement Official, but was never used, so the Planning Department never prepared, or was even aware, that this requirement was in this Ordinance. He said this requirement is not listed in the Unified Development Ordinance (UDO). Commissioner Greene asked if there is a plan for how the Human Rights and Relations Department will carry out the function. John Roberts said the statute does not require a Certified Code Enforcement Official. He said the Human Rights Civil Rights investigator investigates civil rights violations, and a little more training would be needed for them to do minimum housing inspections for the majority of the types of violations that are found. He said the Department can consult with a certified code enforcement official, if necessary, and it would cost more to hire a Certified Code Enforcement Official than for the Civil Rights investigator to do it. Commissioner Greene asked if there is a reason why a person in the Planning Department, who is not a Certified Code Enforcement Official, could do the investigations. She said this seems to do more with structure than Civil Rights related violations. She asked if Michael Harvey has responsibilities for inspection. Bonnie Hammersley said it has not been determined where the position will be, and it is under evaluation. She said John Roberts named the three departments where there is potential. She said all three departments are a potential good fit, and she is waiting for this to be passed. She said she will keep the BOCC updated. Commissioner Hamilton asked if there is a common theme in the majority of the violations are. John Roberts said rodent infestations or other pests; garbage inside the dwelling; maintaining clean and sanitary conditions; hot water access; adequate water closet; adequate heating when temperature is below 55 degrees; etc. Commissioner Hamilton asked if there is a reason someone who is not a Certified Code Enforcement Official could cover the majority. John Roberts said the reason is most violations will not be structural defects, but rather would be viewable, like working toilet, proper seals, etc. Commissioner Fowler asked if this ordinance only applied to rental dwellings. John Roberts said yes. Commissioner Fowler clarified that homeowners could live however they choose. John Roberts said there are policy reasons these standards have not been applied to homeowners, including owners may choose not to make certain repairs. He said in cases where an owner cannot afford a repair, there are Community Development Block Grant (CDBG) funds available. Chair Price asked if public health had been considered to house this function, who does inspections regarding sewer and public water. She said this seems to be an issue of public health or fair housing. She asked if anything done in NC when children are involved, even if owner occupied. John Roberts said the Health Department is certainly an option to be discussed. He said when children are involved, it would be a Department of Social Services (DSS) issue and Child Protective Services would get involved. Commissioner McKee exited meeting at 7:29 p.m. A motion was made by Commissioner Bedford, seconded by Commissioner Hamilton, to open the public hearing. 6 Roll call ensued. Commissioner McKee was not present, but vote was recorded as yes. VOTE: UNANIMOUS PUBLIC COMMENTS: None. A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to close the public hearing. Commissioner McKee returned to the meeting at 7:30 p.m. Roll call ensued VOTE: UNANIMOUS A motion was made by Commissioner Bedford, seconded by Commissioner Hamilton, to accept additional written comments to the Board of County Commissioners via e-mail to ocbocc@orangecountync.gov or by delivery to the office of the Orange County Clerk at 300 West Tryon Street, Hillsborough, NC 27278 until 9:00 a.m. on Thursday, May 20, 2021; and schedule a final vote on the Ordinance at the Board's June 1, 2021 Business meeting. No additional public comments shall be received on this item at the June 1, 2021 Business meeting. Roll call ensued. VOTE: UNANIMOUS 6. Regular Agenda a. Unified Development Ordinance Text Amendments — "1601)" Legislation The Board considered a decision on County-initiated amendments to the Unified Development Ordinance to conform County regulations to a new chapter, 160D, of the North Carolina General Statutes. As a result, amendments to Appendix F of the Comprehensive Plan and to the Planning Board's and Board of Adjustment's Rules of Procedure are also necessary. The public hearing for this item was on May 4, 2021 and no additional public comments shall be received on this item at the May 18, 2021 Business meeting. BACKGROUND: Background information is available in the May 4 public hearing materials available at http://server3.co.orange.nc.us:8088/WebLink/0/doc/64351/Pagel.asr)x and a video of the hearing is available at htti)://orangecountync.gov/967/Meeting-Videos During the public hearing one resident spoke regarding the proposal to conform mailed notification timelines to statutory language. Currently, language in the UDO requires that mailed notifications for Comprehensive Plan Future Land Use Map amendments (Section 2.3.5) and Zoning Atlas amendments must be mailed a minimum of 15 days (but not more than 25 days) prior to both the Planning Board meeting and to the public hearing (two separate notices are sent) (Section 2.8.7). Staff had suggested mirroring the statutory language of a minimum 7 of 10 days but not more than 25 days (NCGS 160D-602(a)). Residents have also sent written comments to the Board of County Commissioners; these comments are viewable on the Google Group archive page: https://groups.google.com/g/ocbocc. No written comments were delivered to the Planning Department offices prior to the May 6, 2021 9:00 a.m. deadline. Additionally, there was discussion over the proposal by staff to add the "option to mailed notice for large-scale zoning map amendments" (NCGS 160D-602(b) to the UDO (Section 2.8.7(D)(1)). Staff has prepared information (Attachment 4) to help inform discussions on both of these issues. Planning Board Recommendation: The Planning Board reviewed this item at its April 7, 2021 regular meeting and voted unanimously to recommend approval of the amendments. Materials and links related to the Planning Board's review were part of the May 4 public hearing materials. Board of Adjustment Review of Rules of Procedure: The Board of Adjustment (BOA) began review of the revisions to its Rules of Procedure (ROP) at its April 12, 2021 meeting and will continue review at a subsequent meeting. Materials for these meetings are available at: http://orangecountync.gov/AgendaCenter/Board-of-Adjustment-24. As a quasi-judicial board, the BOA has amendment authority over its ROP. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the text amendments are reasonable and in the public interest as contained in Attachment 1. 2. Amendments to the Unified Development Ordinance (UDO) and 2030 Comprehensive Plan as contained in Attachment 2. 3. Amendments to the Planning Board's Rules of Procedure as contained in Attachment 3. Perdita Holtz, Planner, said this item is to further consider the UDO Amendments needed to conform to a new chapter of the state statute, 160-D. She said a Public Hearing on the amendments was held on May 4, 2021, where discussion focused on revisions to public notice requirements. She said, as a result of the discussion, staff prepared attachment 4 of the agenda abstract. She said depending on the type of review, Orange County's review process includes neighborhood information meetings (not required by state statutes); notices mailed to residents who lives within 1000 feet of a subject property; as well as signs for the neighborhood information meetings; and mailing notices of planning board meetings (not required by state statutes). She said State statute only requires mailed notices for public hearings to abutting property owners. She said there is no staff recommendation to scale back the mailed notices to state required minimums. She said in Orange County, at least two mailed notices are sent out. She said the current proposed revision is to reduce the minimum of 15 days notice to 10 days, in keeping with the statutory language. Perdita Holtz said the second topic is the alternative notice to mailed notice for large- scale map amendments. She said at the public hearing, some Commissioners wanted to include parameters on when the alternative option may be used. She said staff suggested two: first, add language that would allow alternative notices only on County initiated amendments; or second, only if mailing has already occurred earlier in a project process, which would include things like public outreach meetings, neighborhood information meetings, or the planning board meeting. She said the Manager recommends the Board approve the Statement of Consistency, the UDO plan amendments, and the amendments to the Planning Board's Rules of Procedure. 8 Commissioner Bedford said she is willing to let go of newspaper ads versus mailings, and the BOCC can go back and change it if it is not working. She said she does not think the 15 days should go down to 10 days, due to possible mail delays. She asked if there is a process reason for this, other than being aligned with state statute. Commissioner Dorosin exited the meeting at 7:38 p.m. Perdita Holtz said changing this would not mean the practice would change, just that the UDO would have the 10 days minimum to be in keeping with State statute. She said the Attorney's office made this request, and that is why Planning Staff has proposed it. Commissioner Bedford asked if there is an issue of being better than state statute, or if it is important legally to mirror the statute. James Bryan, County Attorney's Office, said he recommends the ordinance follow state statute as much as possible, in order to avoid confusion. He said, by practice, staff has always done as much as possible. He said the Ordinance does not currently provide any leeway, and there may be a holiday break, the newspaper does not get printed, staff is sick, etc. He said changing it to 10 days, would allow for these circumstance. He said if it is in the ordinance, staff will have to abide by it. He said Staff does things in practice that are not in ordinance, and changing from 10 to15 days is not going to make a major difference. Commissioner Hamilton referred to section 1.3.1, and asked for clarification on the meaning of"hear and decide applications, appealing those decisions, appealed to the BOCU. Commissioner Dorosin returned to the meeting at 7:42 p.m. Perdita Holtz said there are certain decisions that get appealed to BOCC (ex. storm water decisions before appealed to state). She said there are only a few appeals in the UDO that are made to BOCC versus the Board of Adjustment (BOA) or Superior Court. Commissioner Hamilton said it is difficult wording. Perdita Holtz said staff could look at this. Commissioner Hamilton said she is concerned about clarity. She said she agrees with the simplification of special permit versus conditional district. She asked where is the conditional district responsibility of the BOCC to decide, in this section. She asked if it is part of the application for amendment. Perdita Holtz said it is part of the zoning map to rezone to a conditional district. Commissioner Hamilton asked about duties of the Planning Board. She referred to 160D/301 on planning boards, which says, "facilitate and coordinate citizen engagement and participation in the planning process". Perdita Holtz said she has not looked at that part of the statute in a while. Commissioner Hamilton said this clearly addressed the Planning Board's duties regarding public engagement, Perdita Holtz said this could be put in if deemed necessary. She said one reason staff did not include it is because the Planning Board is a volunteer board of residents. She said some jurisdictions do not have staff, and thus these Planning Boards do more and members are compensated. She said this language reflects what happens in Orange County versus other jurisdictions in the state. Commissioner Hamilton said the scope of the statement seems broad for a volunteer board, but something that signifies part of their role is to welcome citizen comments would be helpful. She referred to another wording change regarding day care centers in residences, which she also found to be unclear. Perdita Holtz said this new language is a simple correction that should have been made in 2019, but was missed. She said the official name is now "center in a residence". 9 Commissioner Dorosin left the meeting at 7:48 p.m. Commissioner Hamilton asked for addition to include definition, as a "center" could be anything. Perdita Holtz said the definition is in Article 10. Commissioner Hamilton said the language does not serve well. Perdita Holtz said it came from State language. Commissioner Hamilton said she agrees with Commissioner Bedford, and does not want to change the notice from 15 to 10 days. She said she wants to signal to residents that they have been heard regarding adequate notice. Commissioner Hamilton referred to section 2.712, which discusses giving notice about special permits within reasonable time. She said this is vague, and needs specification. She said the previous 5 days may not have been enough, but she would like more specificity. Commissioner Dorosin rejoined the meeting at 7:51 p.m. James Bryan said this is notice of something that is already done, rather than telling the public something will be done. He said residents go to the Board of Adjustment with special use permits, and have already had notices leading up, then the quasi-judicial hearing, then the Board of Adjustment makes a decision of yes or no. He said usually parties are in the room, and within 5 days, staff will mail a letter about what happened at the hearing. He said this is usually unnecessary because of everyone being in the room. He said the Board's action only takes effect when reduced in writing and signed by the chair. He said this normally did not happen within 5 days because a lot can happen at hearings. He said there has to be a finding of fact, which is dependent on testimony and witnesses, and staff often has to wait for minutes before sending the notice. He said that document starts clock for appealing the decision with Superior Court. He said 5 days is a quick turnover and it confuses some people who think 30 days starts from vote or notice, but is actually from the date the ordinance is signed by the chair. He said the Board of Adjustment makes Quasi-judicial decisions, and the current chair agrees this is confusing for the public, and wanted to streamline it. Commissioner Hamilton said she can understand that 5 days is not enough time, with all of the steps that need to be taken, but finds the wording "reasonable time" adds more confusion. She said there should be some timeline so people do not argue about defining reasonableness. James Bryan said it is required by statute that the Board of Adjustment has to do it and the Board chair has to sign it. He said some meetings span over several nights or several months, while others are very simple. Commissioner Hamilton clarified that the letter is sent after the decision is made, so it seems there could be a timeframe since everything has been done up to that point. Chair Price said if the issue is the word "reasonable", it is part of general legalese and asked an attorney on the call to comment about that. Commissioner Dorosin said he thinks "reasonable" is ambiguous. He suggested removing the option for a copy of the decision to be provided before it becomes effective. He said if clock only starts running after the decision is effective, then he would go with 10 days instead of 5. Chair Price asked if the term "reasonable" is from the state statute. Commissioner Dorosin exited the meeting at 7:59 p.m. 10 James Bryan said staff has used this wording to reflect the state statute. He said the state statute requires the decision to be reduced to writing, given to all parties, be noticed in the newspaper. He said Orange County gives notice, which is different from the written order. He said the statute says the Ordinance has to be given to everyone, but does not clarify a timeframe, so he and Planning staff suggested "reasonable". He said since the statute does not have a timeframe, someone would have to go into superior court and file a writ of mandamus. He said this change puts the onus on the County to at least be reasonable. He said he does not want to put a finite time, as lack of compliance would be violating the ordinance with an unspecified remedy. Commissioner Dorosin rejoined the meeting at 8:01 p.m. Perdita Holtz said all the language, including "reasonable", is from the statute. Commissioner Fowler referred to page 42, and asked if all "residents" should be replaced with "domiciled in" and indicated where it needs to be changed. Perdita Holtz said that should be changed. Commissioner Fowler referred to section 2.8 on page 70 of the PDF, regarding third party down zoning, and asked for clarification about this. Perdita Holtz said downzoning by a third party requires the written consent of the property owner. Commissioner Fowler said to check spellings of"insure" and "ensure" to allow for consistency. She said she does not feel strongly about the date change, but it would be nice if the practice was closer to 15 days for mailed notices, even if the Ordinance allows for 10. Chair Price asked if center in residence is terminology that the state uses, and it has certain regulations depending on the definition. Perdita Holtz said that is correct. Chair Price asked if the Planning Board can set its own rules, put them in writing, and be more definitive and detailed than state statute. Perdita Holtz said the Planning Board cannot set its own rules, and any policies have to be in the board-specific policies approved by the BOCC. Chair Price asked if a set of procedures could be made stating the Planning Department will hold neighborhood information meetings etc. Perdita Holtz said yes, there can be policies that are not required by statute. Commissioner Greene thanked Perdita Holtz for her work and holding small discussions with Commissioners to provide information and answer questions. A motion was made by Commissioner Dorosin, seconded by Commissioner Greene, to approve the Statement of Consistency, LIDO and Comprehensive Plan Amendments, and the Amendments to the Rules of Procedure for the Planning Board. Commissioner Bedford asked if the previously discussed wording changes are going to be included. Perdita Holtz said any changes need to be included in the motion. Commissioner Dorosin amended the motion to include changing any instances of "residents" to "domiciled in" and make corrections with regard to the usage of"insure" and "ensure". Commissioner Greene seconded the amended motion. Chair Price called each Commissioner by name (roll call). 11 VOTE: Ayes, 6 (Commissioners Bedford, Dorosin, Fowler, Greene, McKee, Price); Nays, 1 (Commissioner Hamilton) Chair Price asked if Commissioner Hamilton wanted to make any comments about her nay vote. Commissioner Hamilton said she would like the 15 days to inform residents to be changed to 25 days. b. Approval of a Resolution Authorizing the Submittal of a Request to the Secretary of the Department of Health and Human Services to Disengage from Cardinal Innovations Healthcare and Realign with Alliance Health The Board voted to approve a resolution authorizing submittal of the request to the Secretary of the Department of Health and Human Services to disengage from Cardinal Innovations Healthcare and realign with Alliance Health to administer Medicaid and uninsured behavioral health and intellectual/developmental disability services for Orange County residents. BACKGROUND: North Carolina General Statutes and the North Carolina Administrative Code authorize and prescribe the process through which a County may seek permission to disengage from one Local Management Entity/Managed Care Organization (LME/MCO) and realign with another. The final decision making authority rests with the Secretary of the North Carolina Department of Health and Human Services (DHHS). The Board of Commissioners and County staff have completed all of the formal measures that will be included as supporting documentation in the request to the Secretary of DHHS: • The Board approved the County's Intent to Disengage on November 5, 2020. • Formal notice of the Intent to Disengage was transmitted to the Secretary of the North Carolina Department of Health and Human Services, the Co-Chairs of the Joint Legislative Oversight Committee on Health and Human Services, and the affected counties on November 16, 2020. • The Board of Commissioners approved a Disengagement Plan on February 16, 2021. This Plan created a Realignment Committee consisting of County officials and agencies, Alliance Health and Cardinal Innovations Healthcare representatives, and other appropriate stakeholders. • The County also opened a sixty (60) calendar day public comment period and posted those comments for an additional thirty days following the public comment period. Public comments can be reviewed at http://orangecountync.gov/2684/LMEMCO-Public- Comments In addition to the comments posted, the County received a letter of support from the Orange County National Alliance on Mental Illness. • The Alliance Health Board of Directors approved a resolution for Orange County to realign with Alliance Health on March 4, 2021. • The Board of Commissioners approved a Continuity of Services Plan on April 6, 2021. This Plan outlines how the management of Medicaid and uninsured behavioral health and intellectual/developmental disability services will transition from Cardinal Innovations Healthcare to Alliance Health. • A formal notice to providers was distributed to the forty-one (41) providers that serve Orange County on May 4, 2021 to insure each provider is aware of the realignment process. This notice also invited comments and questions. 12 In addition to these formal efforts, the County and Alliance Health have conducted informal information and outreach activities: • Frequently Asked Questions (FAQ) documents for members and providers were created and distributed. The FAA's are posted on the County's website http://orangecountync.gov/2634/LMEMCO-Disengagement • Alliance Health has made attempts to contact all Orange County providers that currently contract with Cardinal Innovations Healthcare directly. Alliance was able to successfully connect with 19 of these providers to date and Alliance has engaged in conversations to learn more about the services and arrangements that these providers have with Cardinal. Alliance provided information on the realignment process to these providers and agreed to further engagement as the realignment process moves forward into the implementation phase. • The Alliance Provider Network leadership specifically reached out directly to Freedom House Recovery Center, Club Nova, and OE Enterprises based on their longstanding history of providing services within Orange County, their unique service array, and their experienced understanding of local systems and community need. • Alliance Health coordinated a meeting with the local parent advocacy group, Parent Advocates for Adult Children with Intellectual and/or Developmental Disabilities, on April 26. • The County and Alliance Health has communicated with the State and Local Consumer and Family Advisory Committee (CFAC) and has begun drafting a charter for an Alliance Health CFAC. • The County hosted a Virtual Town Hall meeting on May 12, 2021. Approximately sixty individuals attended the event to ask questions and submit comments. The attendees represented providers, members, parents, and advocates as well as staff from the County, Alliance Health, the Department of Health and Human Services, and Cardinal Innovations. A summary of those questions and comments will be distributed to the Board prior to the meeting. Timeline The remaining timeline for realignment process is expected to proceed as follows: • May 18, 2021 — Board of Commissioner consideration of a Resolution Authorizing Submittal of the Request to Disengage to the Secretary of the Department of Health and Human Services. • May 20, 2021 — Pending Board approval, submittal of the formal Request to Disengage to the Secretary with the required documentation. A decision by the Secretary is required within 90 days. • August 17, 2021 —Anticipated approval by the Secretary • Following Secretary Approval — Transition and implementation phase • January 1, 2022 — Proposed effective date of transition Travis Myren made the following PowerPoint presentation: 13 SLIDE #1 ORANGE COUNTY NORTH CAROLINA LME-MCO Disengagement and Realignment Request May 18,2021 Virtual Meeting SLIDE #2 LME-MCOs in North Carolina • Administer Mental and Behavioral Health Services • Each LME-MC•Ohas ServiceAreaor Catchment 0 - 0 - ORANGE COUNTY SLIDE #3 Purpose Authorize Submission of Orange Countys Request to Disengage from Cardlnaf Innovations Health Care and to Realign with Affiance Health to Serve as the Ccunty's Lacaf Management EnNtyManaged Care Organization(LME/MGOJ to Administer Medicaid and Uninsured Behavioral Heafth and InlellecluaWevelopmental Disability Services for Orange County Residents SLIDE #4 Context and Tinning • Medicaid Transformation &tandara Plans E=fi,eJuly 1,2021 Re�iperta unn Num uoeuaze eeevorei xmm asynaea •fmr�sAxabadml�em Cmipani�iika 6fbEUnmd He•tlmre,ea. tu¢ucoa coniin�e w v�weeseucaz m Max caepev rxzn —Tailored Bans E}IecWeJuly 1,2022 •ReQueaee EfieoAu eveb ReRgninam—.unuery °a�an<a m.a oi.�.ce,,rceksni am we�on<mei .Eae,re„c4m�.nsu faomiwka�kea�lnem ln��eoe w�r.�umaw�o-m�i•iam�� ORANNGE COUNTY 14 Travis Myren said this is coming at a critical time for Medicaid. He resumed the PowerPoint presentation: SLIDE #5 Disengagement Request 1. Intentto Disengage — Board or Commissioner Approval Novemba5.2020 — Fomrel Written Notice of lnlen4 to Disengage to Sec rmlary and Affected Counlies Nowa+bar 1 B,202D n1t1a1 Stakenelder Meeting D—*.,4,2020 2. Disengagement Plan Board of Commissioner Approval Febreay 16.2021 — Created Realignment 0—iaee • Convened n M.rch 2R21 R�pnssnmllws 1—Provldsn,Coady,Alk—Hsanh,Wcr,W 1nnova4ans P—i—dCmtincity of Services Plan end Cw—h A.Wihee __=— ORANGE COUNTY 5 NORT][C�RC11[NA SLIDE #6 ❑isengagement Request 3. Sixty Day Public Comment Period Opened on February 17.2021 Closed en April 18,2021 Commelm Posted on Webslle—Apl 19,2021 — Ten Unique Comments Received sly Pm Four Members or Pmarfs • Concarsebou[Treneition ad Cae Caadlnahon Letter boa+Orange County National Ariance on Mental Illness ORANGE COUNTY a xLne n I CAar 1 fw:. Travis Myren said there were ten unique comments, and two comments from the same organization. Travis Myren said this is coming at a critical time for Medicaid. He resumed the PowerPoint presentation: SLIDE #7 Disengagement Request 4.Allis nceMealthApprovaI — Board of❑ireclors Approved Resolulion Supporting Realignment • M.4.ZD21 5.Continuity of Services Plan Boars of Commas over Approval Fdxvary 1 B,2021 Transli.on Activl0es • 1Arm4urranMlon Aligme t of carmWly sery ces • Cammunlry and hl�mbar E.yag�msal • Pr derlrmnsibon ORANGE COUNTY 1 10.1 n CA.u.LLI, 15 SLIDE #8 Disengagement Request d. Written Notice to Providers — Notice Dislribuled to Forty-cne Providers • May a,M21 — Alliance Health Direct Canlact with Nineteen Providers — Alliance Health Direct Outreach to Freedara House,Club Nova.OE Enterprises 5.Consumer end Family Advisory Committee(C FA C) — County Cutmach to Current and Farmer CFAC Menu'— — AM—liearoh Outreach • wnusn aepsmeaw oa�one snmpeu oy cPAcerolr — Pariiclpaum In Via"Town Hall ORANGE COUNTY SLIDE #9 Disengagement Request 6. Public Outreach — Alliance Health Meeting with Parent Advocales for Adult Children with Intellectual and+or Ceveloprri DlsabllRlen • Api28,2n21 — Newsletter,Websile,Social Media Communications ai Each Step • Nin—n(19)T--Gram..-amna — Alliance Health Direct Outreach to Freedom House,Club Nova.OE Enterprises — Updates to 1*Orange County Behavioral H-W Task Foree Updates to i1i Orange County dustice Advl—y Commhtee Virtual Town Hall SIAy NM PeAI[IpenH • Mamsere.Parems,Raeder.5la6 from Conroy,Nfaiae HaeM,Cardinal InnaMona nepnnnem tllLntlh aril Hunan 9ailres __ • sermwy W.Prwidadw Mtrd .Nay 17 ORANGE COUNTY 9 I9OICf]I-NA Commissioner McKee exited the meeting at 8:18 p.m. SLIDE #10 Disengagement Request Additional Commitments Provider and Servlaee Stability, Care Coordination Stir illy — One seat on the Altlan ce Hai Board of Directors, PaHlclpatlon on the AlN—County Commissioners Advisory C—nnittee, Access to the AM—Health Child CNde Feolli Panicipalion on the Alliance Hci Consumer Family and Advisory Committee, Pa1cipatlon on Alliance Provider Adylsery Committee, — FsWlA shmant of Co—unhy Directors Meeting in Orange County. — Provider invi wione to AFPrwider Meetini and Learning Colaboratives. A dedicated Haepitul and Court ilalean,and Collaboration with the County to bcale space for grow or individual meetings. ORANGE COUNTY lD NOHTI I CA—NA 16 SLIDE #11 Schedule for Consideration and Approval am�r�rm erca,.o�mois.ro�.m a�a,.ng�m�„planan W�� - - �#iinrn ofr39 Celerrder Oayem CieergegemerRPl�r rs,0.tivaeaNs,5sM0.tivacaNa,.k. - - •Poef PubE Cammmmon WebsiEe •h1YrMrm of 90 Celmdar Qeys W RM •WMt.n Maap.w Prpvltl.rs SLIDE #12 O Tentative Schedule .Imp.cf—Pu kCumr •Ca )IsQb.nggsmsnrPm •Cpwrl�a Canb�•..ly MS.rvK.s Plan •Gompliancexin Arir�iz4ahueferle Proceee - _ -_ •Cwrlly.�lywnh Agning ac.Arw •❑Ismpllm n 3OM;Capdawn Aabpn RMn •Flnencicl ViehilAy of LleorgeAerlMGp •Compliancexih Popietirn RequirenreMa D•Slab atlas&aN'f Afrcm Sy •Nprt Cls.ngs7snralwl 11 ll Afffct3.rva.s •Gperetiorel Impac�of Reelignrenl -Following MRS Approval •aPrrwllwnl Tnnplapn Mrlpd far M.mMrssd Prpvld�rs •Prior bTeiomtl Plan Implemor�tion[I112022) SLIDE #13 Discussion and Questions 13 GRANGE COUNTY Commissioner McKee rejoined the meeting at 8:22 p.m. Chair Price asked if some pro and con comments could be identified. Travis Myren said concerns largely centered on provider concerns for continued funding for services currently funded by Cardinal. He said Alliance has committed to replicate funded services to the extent possible. He said concerns were raised about member's care coordination teams, who work very closely with members. He said there was discussion about how to stabilize care coordination teams, and work with members through the transition in the event of change. 17 Commissioner Dorosin asked if the Department of Health and Human Services (DHHS) Secretary has complete discretion as to whether or not to approve this, or if the application is scored against an objective standard. Travis Myren said the County has to demonstrate need, and everything required has been satisfied. He said there are some considerations the Secretary may take into account, including disruptions to service array in the state, but those are subjective not objective. Commissioner Dorosin asked if the DHHS secretary can communicate with County about those subjective things, should questions arise. Travis Myren said staff will continue to operate in open dialogue with DHHS. Commissioner Dorosin said he is excited to see this move forward. He said there was a lot of concern that Cardinal Innovations would pull money from Club Nova if this moved forward, but the Board stood firm against that. He said he is appreciative of all the effort. Commissioner Fowler asked to return to slide #10, and asked if the location of the child crisis center could be identified. Travis Myren said it is in Fuquay. Commissioner Bedford said she thinks that facility will not be done until summer. Commissioner Fowler said Alliance has offered a seat on its Board to a Commissioner, and asked if the same practice had occurred with Cardinal. Travis Myren said no, and clarified the bolded items, including that item, will be new offerings from Alliance. Chair Price said a Commissioner could have served on Cardinal's Board, but no one applied. A motion was made by Commissioner Hamilton, seconded by Commissioner Fowler, to approve the Resolution Authorizing the Submittal of a Request to the Secretary of the Department of Health and Human Services to Disengage from Cardinal Innovations Healthcare and Realign with Alliance Health and also authorize the County Manager to take all necessary steps to submit supporting documentation as required by North Carolina General Statutes and North Carolina Administrative Code. Commissioner Dorosin exited the meeting at 8:28 p.m. Commissioner Bedford said she very much supports this motion. She said she shared an Alliance quarterly meeting a couple weeks ago, and found them welcoming, appropriate, and doing good work for the board. She said she was pleased with how directly questions were answered, and no unreasonable promises made. Commissioner Dorosin rejoined the meeting at 8:29 p.m. Roll call ensued. VOTE: UNANMIOUS 7. Reports a. Review of COVID-19 Long Term Recovery Plan The Board reviewed and provided input on the County's COVID-19 Long Term Recovery Plan. 18 BACKGROUND: In 2020, the County and its municipal partners allocated a total of$175,000 in CARES Act funding to retain a consultant to support long term recovery planning and to draft a final report with detailed recommendations, implementation approaches, and performance indicators. The planning effort involved several community organizations and representatives (Attachment 2) to quantify and characterize the impact of the pandemic in their respective focus areas, generate ideas and recommendations, establish recovery priorities using a social justice and racial equity perspective, and review of the final draft documents. Public engagement efforts during the planning process sought to engage all community members and included deliberate measures to improve representation from communities of color. The County convened focus groups and translated engagement materials into four languages to increase representation from communities most severely impacted by the pandemic. Feedback from these groups was shared with local governments, elevated, and referenced throughout the planning process to help shape the strategies and initiatives in the plan. The guiding vision of the Plan is to leverage recovery from the COVID-19 pandemic to strengthen and transform Orange County by improving economic sustainability, providing resources, and achieving social and racial equity. The recommendations in the Plan are organized into seven Recovery Support Functions focused on the local economy, the health system, human services, housing, natural and cultural resources, community planning, and public information. The majority of the Plan provides detailed recommendations in each of those Recovery Support functions in terms of what needs to take place, who should be involved, when these activities would need to occur, and how progress will be measured. The plan appendices provide additional information to help enact the plan or explain its development and include: a summary of input from key stakeholders throughout the planning process; a map of how community input was integrated in the plan; and information about funding sources available to help implement the plan. Staff on the project management team are presenting the same information to Chapel Hill, Carrboro, and Hillsborough. Feedback from each of the elected bodies will be coordinated and synthesized as the stakeholders enter the implementation phase of the project. A copy of supplemental questions submitted by the Chapel Hill Town Council is attached for additional information and context. 19 Travis Myren made the following PowerPoint Presentation: SLIDE #1 lam 0 Orange Recovery and Trcnsformation Plonring Project SLIDE #2 OverviewProject.. Engagement Agenda Plan Overview Next Steps Travis Myren said this will be a report on the final draft plan of the Long-Term Recovery Plan, and from here on, staff will gather input from governing bodies, and the project management team will put comments together, synthesize and draft final document. He resumed the PowerPoint presentation: SLIDE #3 What Was the Purpose of the Project? Analyze Train Plan Mls� . No" •Ilndenlana**1n,roc15af •Trdnsvj"4.m.,Nckod.and •Owulde DoaK shaledes CCMD-19un�Y.. r PrQM s*Acas- oun on andlnD3fl todrhre oamn1W1Vh-fth,ha..r ng. hesl pr-IL—lor _nx fly, formed and SOCItl SBMces. reMhl.f59n1Ei1T LFld9r reCCVBIy. ccvnmon rederal programs. 20 SLIDE #4 'How Was the Project Organized? R o LQ 1P Phase 1 Phase 2 Phrase 3 Phase 4 impmts of SLIDE #5 Who is Involved in Recovery Planning? Individuals and organizations paJticipating in the planning effort are expects and p-E—uncle across smren sectors,with—3o different types of public and non-profit organi-tions in each group. Expeels ortdprofessl000Js across Mere secRors... .,atFltl the pubnc ' ( r��'� \ f�}}•s.{,,�. emu«, F""o cow SLIDE #6 How Did the Public Inform the Plan? Conuuenrs reeetlnd Enron the DuLllr�'ery Included m the plan[see Cvinireure4y flryur.5renet7 eud helped S�tde rmn —tiom,•ih mw*?Cowry emd nmiklp Soswrwsentso8nallne ihenlen Itlsc� Ldtowdetnand lhenubLLcs p:iorinez,so[6rt ramrn'sta1:etW3en can Emil'distriM¢e.naJkb1,rewvsxes m tn'mW meet th—y—'.. IML"wnv +tnud W,"KWA rpvwiHyk 'Arlray PL"r Focus PWIk Gm.GalR+enl For 'rMol R Pk—Jrg WAL- SvrNaYs dtdFe r ■ 21 SLIDE #7 . Haw Was Racial Equity Integrated into the Plan? C.o ni..un ily 100 der NL—N I i$wm►h.ld r V$arum irnpu I Irorn c u M-01i ns M color. F u 61 is eng og emenl moleri ols were translated into 5 pa nish,Ma nd on n- C:hina-sn gurmn►,dnd Kdr►n - iorgeled outreac h was condu cted to encouro ge c o nr rn-ili- Fcolar 1rrF tirirxrrcnpIcn roviowsurv►ys and rrloeliny s. F►odl,oc k born r.oni munili m ar calm wos prlmirrod in propmfion la fh► elevoled COVI❑-1 F impoc lsthey Faced. rho p In nn in q F--Pss wv%4 a ordi np t►d wft Ih►►Rdris 91 Gra hQ►�94 hly's Government All io nc e on Race on d Eq uity. SLIDE #8 How is the Plan Organized? Wd:n!wa10- Gaa1s 5lrofegles AL InHlatfrea SLIDE #9 What is the Plan's Guiding Vision? recoveryLeverage I pandemic 1 strengthen and transform Orange County I improving sustainability,providing -'1 I socialachieving 1 racial equity. 22 SLIDE #10 What are the Goals of the Plan? The plan is based on five recovery goals,identified through community input and the gaps —led bathe Impectrl­samesst. [y!I Address fundamental needs of all residents; OCLeate safe,stable,and affordable houmg solutions; [p I Promote a dyuamie,equitable,and sustaiimble emnornir recovery; St--aline access to cgmmunih•-based aeeou—;and Combat the negative effects of social distancing to promote community healing. �= I eH[IeJ 011i:il,efiaSry PSc. - SLIDE #11 Strategies & Initiatives: Economic kond.suppuR fW small braa.aasw P--d1—fli .o]sumror.-ok:eal'pvslnarses xTen funWita harailaLle. Creaer[he abilip meoirWs'cort,xrt emrinYlxa]F'h.f nsyarta,osvppnrt Fvta n•diuAeraeepertx eed ranv nm eRoa,a. • Eata55xh communiraconchannel:5en•xm emmoradc de•Aaym<alzmvtitiexnaswrllarto and from6minewes in Orange Couim. • Paodee xphnicalsupportandbusinrs memonlrmmsmall buuaeu ownen,ivplvdieq r•wmmern aado[hnemerpn>t indeerdea. ISIIIYr entl tleltlrH6 reguldaey beRlen fo e[eneml[re[oyeey- • Examim and aiixuSaaaien to e[aaBnYaader,+andinY small Sveineu and amnide reaauoesmemrndppLcyrnhe]p husviasu mni ewra share 6ea7mc • ]dert•J@and addxv polin aed iafraetrvqure bvaiec toxmox,.arkand opraaVorts,irtcludm¢taw,l6and aaoeae. Pas,�,oparatmcaedro�,la�r�de,�a„a,a.l.>cl.,a,,.goon,•r�rrJ,aop�rl,�alan�>n,ae��,aeam. Gdw iota�coarrdc gtawlh and Ntcovlgg�loco tpmalg. • Pr•rloP oallaburamr markrtinY:trnlrye:mlain¢nn•bumiew and rnhanrxd bealsxad'm¢wthe apvnC'. • ]nrsaau rho.__.-irce of the covn�'skylndurvxr. • Paoide suyp nlo[Te art arud rnxrtainmrn[indum�'oFOmp¢e Lounly. Builla rhuad nvdrntandlgg tTeresvcrovfi0 ceorrwayequa]cesna dw .-r dty- V-kg[hma Paxpandth.-cal worklwc.. • ]&adSv and develop urppld tramlag pmpfaosslorauldevxEo r�we„he neada of locil eaapkpvrs. SLIDE #12 Strategies & Initiatives. Housing Incenfi a Ih@ dowlopmarrfat otdardab4andmcwa4l•housing • Lnluatehon>ia¢nork drndp'-and r,ydacastoaeiuknx pn5cy'chantesUw vemnae hmain¢de�rlo�nrenl and In�saasa af&udalilr Tousamg. • Lon•Jnur Eo-increax thenumlrr dmheidittd hoveinYunit a•adablrlpra�aMyramalrhwadrrla¢dVsd rm of vouelrsx • Uacktm forxlmumand e.aluatr ovoortvrrilin mourch se mottrtawddnxlop inm aRordablr honnnY Ihlwbi4t�.alnprov�orthty on P"n .Ih­ft do61111ygf.xetig hooting ]n+a¢ax oypvaunionto chan¢rr),r vrvcxaathrw¢h+•hirh land use de:i¢nalionsarr rxnopvde..d and ah d Ow naclWe funding to ruppon m iy�npeln,,.netTemanoon,arc rehlffialon of eEfordahle hovring uaoss. ]nrxeuEkxible Fnndm¢:o caetinve df—to xduae mobJrh.e caydreernart, xn:H pmprr}. • OweeTahWradoq raP.av,as modl&saom,a ueaa¢ro rTa asallohWraE¢Ffardahla haulgg avmpllsur win,ova Amrr-nau with A'vbditie:act Enture eenNnuefen of one sketlmllned tleeeff b heualnq wppM peepemq.iaeNatllnQ emergeney houWnptlnhimc!- • Fep¢pd cap,vJSv[a rupywtrha uu�lamomtatla¢oE raludaustT¢E addrex Waa�dga�rla Tauswgyaogr•--avd - Ca nilnr vc apd rtraamllna oho pvwmnoiemevgaucr Touaing euWtrnra.avladon dlvev,-,en.and caordlozld enw PrvPnme. cananneed�„r,eandTamawaan«aa,orangec�„p��naanre�nsa.el,l gpis,N i,Tema>ara�,em Paa1n<r�-ilh 1—idea tm to dm:,d Fvad-m¢Oo rd heusio¢ae eawialdekrrnirunteFheaNh 23 SLIDE #13 Strategies & Initiatives. Health C-15-ur moniloi•>b lesling raid erndl d� COYd�-14_ Cononue,o--A equnahle and uwrrlWe,wdng cud reoeJner for COLZ➢av for feee w mhuma]ms,. Pmride,rans.�aration ao:esdnq and r'arcinadon si[esf-rn•arb,e loeetious th-�s�rovlthe town,. P.—pennerhlps,rrh w'e oadoiu]Insdrvoenr:o uesobp cornprehendse rwonrc«an mcaase pmsenoro,.manlav ri p. end xpor[in¢� Pren46e--it bolrlei maxis ling h e elf-5yrlems. Em ,,lxea—I—wv.=Fish Camlirra PROPER w r 6crn s>sarscr with in:,nirsY w.kkae aim', Pe wdrh and—u�smudons conduces gap anahasof pubhc and mn'a:e has la—.-1.11lsa}Ir end cabman«ebux service prn•id rn S•ppors gam.:h of the a ,-.hwhhoix ax-ems,"gh1..hheua fmswd,.wMuvdenlepe,enrpmg,,— exparrs»naflekha Ith,and e li"'ity` :" W.rl:,min ran-pm6:and pahllo emndw m hedp lmdt,rdnah n'1.aw pe,I—.nh or.—Hug bane COC[➢-rq eyo Id hfebng de ht Prarrrpp Wow xc�w h n+mgl wud a�ha+ioral¢-Ih serriccs canrmwefrortewm,pro.eeore��oenaaeeaeWe�rne�.eearn•An:alaaa�e�.�araikaalrh.nyy�,�=ar-�eex. C«itinwe eliom -ern•eamv eo and desd¢ma�r:uSsancc x:uapM see.,ses Sdve m m>-Jeem:ha affce[s of coca]Iromhon m herder-o-reuh popu]aJ.— [-prva-entel heaNhwn and support Go fnY.xsperven end melee]eeae yoo+iden. ogaXass nlslprz«ayshmic rw�art¢ypmines [rnprv'e ar�eese to guag[r F al[heme f.hifonr lL._inWittd w mmmiitks. • ,ippovrc anahnwy'cenvolrer:o ndsasr:ha vngveneec oEhn,onoaTly undeawrvdrorivuniudw Mrhmprswmeow� ham efEreled rwnm_,mitk:� SLIDE #14 Strategies & Initiatives. Human Services P,.moru]p.oppoms,sbxs nor prpei-11,jvmp—ggs gr inrr ,qu y or^6, Ul kv ny ms to mnnerd people w job opport hes in the—Ty.. Port ne gap eua),Ssh,o&—lua nemury P. eheug.—a minlcrom x g.cud rutkkaed empb3mour opwrrnvigex $hnamline neeox to eornmynRy resnyr.-.e, • 5beamgne and a xvand Coolemxm md. hoamer. Fsubhsh and adwn—e.ronteahad a,&,aerabaw odnou-g—veenral oagtui W,m Eolmpmyo ogolhbk amasr m mmmvnio remasm. Sup—orwmn Lenrnen aegloa arourv_cud v,u Ipcl,, por , ryrmmr b}'recurspeddl—I Cummn¢. Iu wegolhbk ac«ar,n hI&-g..Uity Nmr mrW.and Waadnana.esprJ.U,xn coca lanar. P,ea -x denim,nl ---rd, a FaLAb 1pnhlle-yrnvep­ hlpr bpmWdeb,r•orno-eoc,affiI hool,1.k-d.andsvmimr 6-AM-m Puhren•ilh loeeduhoaI,,o zik-aEi omlremnrm and outreach aimed at A mfiraznn kEb'and vow in, ¢nhoiMo levnl ug anvrro,onna. Fee rvi..uboalr to_iLecalm soy.�o Torst a—Lilh disabiHtzs and theid,,iih Ua nl h a mahble,ochnolo Sy-pp.""" pp. ""am,o yvmade freew lon'-ox,mmpuLerand pedphernl.—Uby ni.andingthe minft Cl: IH,llLw op Lendin¢P-¢mm. Pn ide terbubl [ ninyonxleant Platfoma m the mmm W SLIDE #15 •Strategles& Initiatives: Natural L Cultural Resources P--Ih. WWWMr n d nr»urdnsourrcr - L'oordlna:eplemnli�etC.va:o vwdersuneno.':Isminir.iunu:�l�as;.hlie spans and�.'nr.l..i:l.eexpenaom� pu3&coax:is nscrssen' - S1auros and adaross l¢enon smwnrs ban COL'[0-sv an slro narma]mWraocvm. • Expand vrv¢m-:edumtin¢xsidrnb about ibeirmk es rkwarda�natural xaou,xs and the na:ura]rn•imnmran. P¢nvide[ulluftll and f[Lretlidltll opo.1.0-B.all retidenh. - ilotxcorclhlswrvs w:dl:l:a s:on'of:l:a wndmrx. P.—rya' -itin Mrage nd end,alaacurcrsarum eryanixahans andjpnWir wens to coordiutr and ra.� pmmod hw and sale crhip'if—F..SupyoY anc P«rneh conmwia-dri•en nu l&akwal arlr maims andywyama thm enabk wrampani C'hra7 i reco .cud raaLencs SuppM lulentlhle e[el a�[uure SyfpemS. - Pro,+u mchnahg'vamingior agneW[orel praduceasmprvmom,hen[deahwi Me-cernsrunae cod ahevnemn dietrisition modes - Sueng:hem eoouanx andepeucenm Qv epflevlmral prodomrr and reduce rehanw un gan¢eud rubomer. - ]nrep,iritte.yansbn�ise[ainaile bwlioad s•sems to pry ridenxppv Fw Fama3es eaynkncing 600dinxa•Deity'. 24 SLIDE #16 Strategies&Initiatives:Community Alanning&Capacity Building No mat.abgl.chwg.Fn.go¢bn and W ovh>trwr.11ora • le+eaa¢e Sncin¢�frvm,he bo¢-kan aero+rn'ola.ami¢ia+ree[o uy$,r r7,r aotionylausavm[Lr cvoap•. 6uW collolGoraAwvruslram¢6.garwr povnmrw+anulh.cmmurrry. • Ea[ah7 Tan uG+x•xdunleerneM'ork b.'crnxtir�amuary++ide t'olun[aq'Or�aGoveAoVerin Ua�nvpvum. S4wk nkk aenden,>r uawudoasmruppw mad+wa.usa+o aemua.�neearan'Eaa thw recur. SLIDE #17 Strategies R tnitialkees:Intergovernmental Affairs&Public InTurrnQ ion .Minn nrlwr^^-rn F;.nlir.non Into D—mmrnh - ili¢n anL+treanlirte inPormaaionkv divakrimwr.rdn�fe¢tsaarnaskaal aenxnuneW+.ebeka. S1ehe lr msaer ku rancau-s:h:db na:spaek Eng�Tlnry null io e.gagu rdrT bcel guaun�.n.u. - [nkance locv]undrrsranan¢ofTow romrnmip'nxnber-inkren+mhgrnxnuxn„o mrrm is enQa¢arcnt - 6eselaae»-Iw.rclu:pw�elw lulhwfoi.oinnr.nln'rxiwn:o Sher.cancenrsor uiquuaa.rn - Con-door[orn¢a¢r[TrmR¢wr+'�e�eeciallg Ti�Rvrallp nar�ynaT rd pooub-dons.[ornvue,haolani�adaokflla mr rke m�x-�e nmdr ca,n r�u-.. 6 isarultvre ofi.foremtwnaharirr>{to keb i.r .6�3 aaeiC'elevmiena'Irnelvmmafion nu.evmrs&v rLe nhnk caunp. - k+'ebpintega,r+ieo.u.viC'oFopraafioos plemw�uak¢,IyWo`ide erifical ser•.im aracm l.oe]eo•rmmrnt Seek eod meweadLdooa]fundl�M mn6nueuwn6al emu¢enq'rupyar+medmr. SLIDE #18 What Else is in the Plan? 25 SLIDE #19 The Role of Elected Officials Elected officials have au esseutial role in implementuig and so-dali"the Loag-Tenn Recmary and Transformed..Plan,including the following actions: • R'i—ing the plan. P—t6kig input em slid endo—ng tl,e plan. • ftpporting a pmizabi s(RecnmySappwt Fmictions)imp]mwtlng the plan. • Cantmmng ro represent comana kw—ds and e]—re rho m¢acerns nfthe most tmpacred p4polahms astheptm is revise —i—intamAm a liring dorommt. 23 I Ekciatl 011icitlEAc+rg .. .. £$c. .. ., SLIDE #20 Thank orangeNCforward.org 4b Commissioner Bedford said she read the agenda item, but did not read the whole plan, and is not prepared for a thorough discussion tonight. She said a work session may be helpful in the fall. Travis Myren welcomed the Commissioners to send individual comments to him directly, after they have been able to fully review the plan. Commissioner Dorosin said he would like to hear more about how the needs are prioritized within the broader categories. He said there were COVID impacts that affected everyone, and broadly affected the provision of County services. He said there were disparities prior to COVID, however, and that gap has only widened during the past year. He said there may be more specifics in the whole plan, which he did not see. He said only a portion of federal money coming in to the schools has to be directed to prioritize low wealth students, and the larger percentage can be spent on COVID-related things. He said he would like the proportions to be higher for those who are most disproportionately affected. He said he would like to explore how to ensure more resources are going towards addressing the worsening disparities, and noted it will take more resources to lift those folks back up. Travis Myren said there is no recommended percentage for allocation, but there are specific initiatives directed toward disparities that were exacerbated. He gave an example of a 26 specific initiative designed for businesses owned by people of color. He said he can go through the list to identify the priorities, and let Commissioners respond with additional ideas. Commissioner Dorosin said it would be helpful to include these details in communication with public, and how the goals will be achieved. Commissioner Greene said she has not read the detailed plan either, but has concerns about prioritizing. She said this overview sounds fabulous, but the COVID crisis has required recalibration for what county government should be doing. She said she is worried this plan is biting off a lot, and if there is no coordination of expectations, things may not get accomplished. She said she would like to see something included about the local food system, and what the Food Council is doing. She said the Food Council has a think tank of black farmers, with whom they are working, to get input on how they can be most successful. Commissioner Fowler said the plan includes a lot of things the County already does. She said she would like to see a focus on economic development, especially for people who have not been prioritized, and avoid "trickle down" theory. She said she really wants to think differently and outside the box. She cited an example of surgical suites in Chile, where it was found that if janitorial staff was paid a higher wage, they worked more quickly at cleaning the rooms after a surgery. Commissioner Hamilton echoed the previous comments. She said she also has not read the detailed plan, but she wants to know the measurable outcomes, and ways to track how the plan is working. She said it is also important for the budget to reflect priorities. She said she wants to consider how to map this initiative onto the budget and County priorities. Travis Myren said there are some measures in the plan, but those will continue to be refined. Chair Price said she also has not read through the full plan. She said the plan gives a good foundation of past steps and where to go. She said she thinks there will be a new normal coming out of pandemic, and this can help the County make some necessary changes. She said in the beginning there were some issues about diversity in the planning process, and steps were made to make amends on that. She said going forward, instead of only seeking input she would want to have people of different backgrounds participating in posing questions and making suggestions, as opposed to seeking their input. She said a lot of organizations are listed, but very few have people of color. She said as teams are being created, she would like to move outside of just executive directors, and get other people in the organization to achieve the most well rounded thought process. 8. Consent Agenda • Removal of Any Items from Consent Agenda Commissioner Hamilton removed Item 8-m from the consent agenda • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to approve the remaining consent agenda. Roll call ensued. VOTE: UNANMIOUS • Discussion and Approval of the Items Removed from the Consent Agenda 27 Commissioner Hamilton said this item is the report that the schools have to submit to the NC Department of Public Instruction, highlighting facility needs for the next ten years. She said the Chapel Hill Carrboro City Schools (CHCCS) cost summary over 10 years is $371.8 million, and Orange County Schools (OCS) is $107.7 million. She said this represents the poor conditions of older schools, and that it will take significant resources to repair them. She said, in light of COVID, the need for good air quality is even more important, and the physical plan for the schools is very important. She said the Board needs to have a plan to address older school facilities, and pay attention to what money is spent on, since there is limited debt capacity. She said she wants the public to know the Commissioners take this seriously. Commissioner Fowler asked if there is a reason the numbers are different between the Manager's recommended budget and the CIP. She said CHCCS has 9 schools, which are all 50 years or older and already in need, versus 10 years out. Bonnie Hammersley said the numbers in the CIP were provided to the County by schools. She said the schools might not think it will happen in 10 years, or do not think they will need it, but those are the numbers given by the schools. Commissioner Dorosin exited the meeting at 9:02 p.m. Commissioner Fowler asked, given huge needs, if CHCCS can spend their large fund balance on capital needs. Bonnie Hammersley said yes, and this would be a good use. She said fund balance starts out as recurring but becomes one time as it accumulates, because it does not accumulate at the rate of ongoing revenue, so this would be a permissible use. Commissioner Dorosin rejoined the meeting at 9:03 p.m. Commissioner Dorosin exited the meeting at 9:03 p.m. Commissioner McKee said he believes Guilford County did a 10-year study a few years ago with a consultant about countywide school needs. He said he will find information to bring back for the next meeting, as this might be a good example to follow. Commissioner Dorosin rejoined the meeting at 9:04 p.m. Commissioner Greene asked if clarification could be provided as to whether the CIP includes allocations for future years for the schools. Bonnie Hammersley said the 2016 bond was $120 million for schools, as well as the $3 million deferred for 4 years from the bond proceeds. She said knowing there was a need, and a gap to bridge because of debt policy, $30 million was added for the next 3 years to continue to work on deferred maintenance for schools and is part of the plan. She said the list of needs has continued to grow, but the County has continued to provide funding, albeit not enough because numbers are significant, but funding has been provided. She said over$150 million in new monies have gone towards schools since 2016. She said it is a process of chipping away at the need. Commissioner Greene said there was money identified in the County's plan a couple of years ago for repairs at Phillips Middle School, but the repair was not done by the schools. She said the County and the schools need to come together to agree on plan and stick to it. Chair Price said this idea of working together has come up in the past, and the process did not go very far. She said this current plan is now inching towards progress. 28 Commissioner Bedford said when funding is approved on July 1, borrowing does not happen until the next April. She said the flooding at Phillips Middle School happened in September or so. She said perhaps the school should have prioritized the project earlier. She said CHCCS plans to spend over$1 million to revisit architectural studies done in 2013, in preparation for the bond. She said costs just accelerate faster than any budget can keep up with. She said she is concerned to hear CHCCS talking about focusing on a couple of projects, as she believes Commissioners intended $30 million to address a wider number of emergency projects: HVAC, leaking windows, etc. She said she would like the County to clarify with CHCCS on the intent of these funds. She said OCS projects are addressing those types of things. She said she questions when does a school just wear out and need to start over. She said it may be valuable to have a work group start again to look at these issues. Bonnie Hammersley clarified that once the budget passes on July 1, the County does a reimbursement resolution, which gives schools the money that was budgeted for them in advance of the borrowing, so there is no delay. She said the County reimburses itself with the borrowing. She said the County wants schools to move forward with projects, and the $30 million was specified for deferred maintenance, not to increase capacity. She said OCS took off running with it. She said staff will work with schools to help them understand what those funds are for. Commissioner Dorosin asked if the Phillips repair actually did have to be delayed. Bonnie Hammersley said the County put in money so CHCCS could bid in advance. She said the County does not want to be a barrier for schools to move forward with projects, and will work with both districts to ensure funds are available. A motion was made by Commissioner Bedford, seconded by Commissioner Dorosin, to approve item 8-m. Roll call ensued. VOTE: UNANMIOUS a. Minutes The Board approved minutes for the April 20, 2021 and April 22, 2021 Board of County Commissioners meetings. b. Approval of a Resolution on Renaming Braxton Bragg Court to Hydrangea Court The Board approved a resolution, which is incorporated by reference, regarding the petition to rename Braxton Bragg Court to Hydrangea Court, and authorize the Address Administrator to submit the resolution to the North Carolina Board of Transportation for approval. c. Approval of a Resolution on Renaming Joseph Johnston Court to Water Oak Court The Board approved a resolution, which is incorporated by reference, regarding the petition to rename Joseph Johnston Court to Water Oak Court, and authorize the Address Administrator to submit the resolution to the North Carolina Board of Transportation for approval. d. Affordable Housing General Obligation Bond Sale —$2,500,000 The Board adopted the attached General Obligation (GO) bond resolution for the following purposes: 1) Formally authorizes the sale of$2,500,000 in affordable housing bonds; 2) Formally pledges the County's taxing power to provide for payment on the bonds; 3) Approves the proposed form of the bonds; 4) Approves the form of the draft official statement for use in offering bonds to investors; 5) States the County's agreement to comply with the relevant provisions of federal tax law and the federal rules for continuing disclosure to the securities markets; and 29 6) Authorizes County staff to complete the process of issuing the bonds and authorizing the final principal payment schedule. e. Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Protects and To Refinance Existing County Obligations The Board adopted the preliminary and final financing resolutions authorizing the issuance of approximately $45,000,000 in installment financing to finance capital investment projects and equipment for the fiscal year, and to refinance existing County obligations. The financing will also include amounts to pay transaction costs. f. Designation of Inflatable Boat as Surplus Property and Approval of Transfer to Eno Fire Department The Board: 1) Approved the designation of a 2019 Inmar inflatable rubber boat (vessel I.D. IMG4SA62G819) and accompanying 40 HP Evinrude jet prop (05560749) as surplus property; and 2) Approved a resolution authorizing staff to complete the transfer of ownership to Eno Fire Department. g. Change in BOCC Meeting Schedule for 2021 The Board changed the Board of Commissioners' meeting calendar for 2021. h. Schools Adequate Public Facilities Ordinance —Approval and Certification of 2021 Report The Board approved and certified the 2021 Schools Adequate Public Facilities Ordinance Technical Advisory Committee (SAPFOTAC) Report Contract Approval for Interior Renovations at Multiple Facilities. i. Contract Approval for Interior Renovations at Multiple Facilities The Board: 1) Approved a construction contract with C.T. Wilson Construction Company, Inc. for the renovations to the Orange County Justice Facility First Floor, Criminal Justice Resource Department, Court Street Annex Second Floor, Richard E. Whitted Health Department Waiting Room and Window Replacements for the Second and Third Floor Connectors between A and B Buildings, and 2) Authorized the County Manager to execute the Agreement and to execute any subsequent amendments for contingent and unforeseen requirements up to the approved budget amount on behalf of the Board, upon final County Attorney review. j. Renewal of Lease for 115 E. King Street The Board reviewed an amendment to the lease for 115 E. King Street to house the Public Defender's Office, extending its terms for another three years, and authorized the Manager to sign upon final review by the County Attorney. k. Extension of Little River Regional Park Interlocal Agreement The Board adopted a six-month extension of the existing interlocal agreement between Orange County and Durham County for the operation of Little River Regional Park and Natural Area. The current agreement term was previously set by extension to June 30, 2021. I. Bike Month Proclamation The Board approved of a proclamation recognizing May 2021 as Bike Month. m. Acceptance of Chapel Hill-Carrboro City Schools and Orange County Schools Department of Public Instruction (DPI) Facility Needs Survey Reports The Board accepted Chapel Hill-Carrboro City Schools and Orange County Schools Department of Public Instruction (DPI) Facility Needs Survey Reports prior to the Districts' submission of the reports to the State Board of Education. n. Advisory Boards and Commissions—Appointments 30 The Board approved the Advisory Boards and Commissions appointments as reviewed and discussed during the May 11, 2021 Work Session. 9. County Manager's Report Bonnie Hammersley said there will be another Budget Work Session on Thursday May 20t", talking about the 6 fire districts requesting a fire tax increase, public safety, general government, and support services. Commissioner Dorosin asked if proposed amendments to the budget should be sent in now. Bonnie Hammersley said yes, the Board can send in amendments until June 3rd. She said there are 2 amendments so far, one on the Capital Budget and one on the Operating Budget. Commissioner Dorosin asked if Commissioners can see all amendments. Bonnie Hammersley said yes, all amendments will be on website. Commissioner Dorosin asked for Commissioners to send proposals to the entire Board as well. Bonnie Hammersley said that has been process in past. She said if anyone forgets to copy all of the Commissioners, she will send it to everyone. 10. County Attorney's Report John Roberts said the crossover deadline was last week, and most filing of bills stopped in the General Assembly. He said almost 500 bills met crossover, but that does not mean only 500 have gone forward. He said some can be considered later, and can be revived from not meeting crossover. by including language in a bill that did. 11. *Appointments a. Animal Services Hearing Panel Pool —Appointment Discussion The Board discussed an appointment to the Animal Services Hearing Panel Pool. BACKGROUND: The following appointment information is for Board consideration: Appointment of two Animal Services Advisory Board members to serve as Chairs to the Animal Services Hearing Panel Pool (both terms expiring 03/31/2022): NAME SPECIAL REPRESENTATIVE EXPIRATION DATE Dr. Sunita Driehuys Veterinarian 06/30/2022 Dr. Bryan Stuart Town of Hillsborough 06/30/2021 Dawn Roberts Non-Municipality 06/30/2023 Lucia Welborne Animal Welfare/Animal 06/30/2021 Advocacy Lori Gershon Animal Welfare/Animal 06/30/2023 Advocacy Meggie Romick Animal Welfare/Animal 06/30/2023 Advocacy Allan Polak Certified Animal 06/30/2022 Handler/Trainer/Technician 31 Susan Spinks Owner/Manager Retail Pet 06/30/2023 Services NOTE —The following vacancies remain: POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE At-Large 03/31/2024 Vacant since 03/31/2021 Unincorporated Count Veterinarian 03/31/2024 Vacant since 03/31/2021 Chair Price said the two members that the BOCC recommended at the work session indicated they are not available to serve on the Animal Services Hearing Panel Pool at this time. Tara May said two volunteers have come forward to serve: Susan Spinks and Allan Polak. A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to appoint Susan Spinks and Allan Polak as Chairs to the Animal Services Hearing Panel Pool. Chair Price called each Commissioner by name (roll call). VOTE: UNANMIOUS 12. Information Items • May 4, 2021 BOCC Meeting Follow-up Actions List • Memorandum — Blackwood Farm Park — Phase 2 Status Report Commissioner Dorosin clarified the meeting calendar for the week of May 26, 2021. Laura Jensen informed the Board that they will be staying on the same Zoom call for the Closed Session. 13. Closed Session A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to enter into closed session at 9:20 p.m. "pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board", and to approve Closed Session minutes. Roll call ensued VOTE: UNANMIOUS A motion was made by Commissioner McKee, seconded by Commissioner Bedford, to reconvene into regular session at 9:58 p.m. Roll call ensued 32 VOTE: UNANMIOUS A motion was made by Commissioner McKee, seconded by Commissioner Dorosin, to adjourn the meeting at 9:58 p.m. Roll call ensued VOTE: UNANMIOUS Renee Price, Chair Tara May Deputy Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.