HomeMy WebLinkAboutAgenda 03-01-22; 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 1, 2022
Action Agenda
Item No. 8-a
SUBJECT: Minutes
DEPARTMENT: Board of County Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes (Under Separate Cover) Laura Jensen, Clerk to the Board, 919-
245-2130
PURPOSE: To correct and/or approve the draft minutes as submitted by the Clerk to the Board
as listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
Attachment 1: February 1, 2022 Virtual Business Meeting
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
Attachment 1
1
1 DRAFT MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 VIRTUAL BUSINESS MEETING
5 February 1, 2022
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday,
9 February 1, 2022 at 7:00 p.m.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
12 and Commissioners Amy Fowler, Jean Hamilton, Sally Greene, Earl McKee, and Anna
13 Richards
14 COUNTY COMMISSIONERS ABSENT: None.
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified
18 appropriately below)
19
20 Chair Price called the meeting to order at 7:00 p.m. Chair Price noted the beginning of
21 Black History Month.
22
23 A roll call was called; all members were present.
24
25 Due to current public health concerns, the Board of Commissioners is conducting a Virtual
26 Business Meeting on Tuesday, February 1, 2022. Members of the Board of Commissioners
27 participated in the meeting remotely. As in prior meetings, members of the public were able to
28 view and listen to the meeting via live streaming video at
29 http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on
30 channels 1301 or 97.6 (Spectrum Cable).
31
32 In this new virtual process, there are two methods for public comment.
33 • Written submittals by email
34 . Speaking during the virtual meeting
35
36 Detailed public comment instructions for each method are provided at the bottom of this
37 agenda. (Pre-registration is required.)
38
39 1. Additions or Changes to the Agenda
40 None.
41
42 Chair Price dispensed with reading the public charge.
43
44 2. Public Comments (Limited to One Hour)
45 a. Matters not on the Printed Agenda
46 None.
47
48 b. Matters on the Printed Agenda
49 (These matters will be considered when the Board addresses that item on the agenda below.)
50
2
1 3. Announcements, Petitions and Comments by Board Members
2 Commissioner Richards said she does not have any announcements or comments.
3 Commissioner Bedford announced that the retreat planning committee met over the
4 weekend and determined it should be postponed until June. The Clerk will send a Doodle poll to
5 determine the date.
6 Commissioner Fowler said the first Library Task Force meeting took place recently and
7 they are just at the beginning of the process. She said that the group determined they will use a
8 facilitator and discussed the history of the libraries to this point. She said the group will meet
9 again using a facilitator.
10 Commissioner Hamilton said she attended the Board of Health meeting on January 26,
11 2022. She said that the Capital Needs Work Group met on January 27, 2022 and received
12 reports from the schools on maintenance needs. She said there was good discussion on best
13 practices and making plans for the future. She said that the Solid Waste Advisory Group met on
14 January 31, 2022 and they are working on a master plan and educating the public on recycling
15 of appropriate materials. She noted that the recycling center at University Place will be closed
16 on May 31, 2022 due to redevelopment of the area. She petitioned the Board to form a
17 subcommittee to determine how best to evaluate the county attorney, manager, and clerk since
18 the county is rolling out a new evaluation system for all other employees.
19 Commissioner Greene said she and Commissioner Richards attended a tour of the
20 Bonnie B. Davis Environment and Agricultural Center. She said that the Ag Summit is
21 scheduled for February 8-1011 online.
22 Chair Price clarified the dates for the Ag Summit are February 15, 16, and 17, 2022 and
23 noted that the agendas are posted for each day.
24 Commissioner McKee said he and Commissioner Fowler met with the GoTriangle
25 Special Tax Board and he was elected Chair. He said he will send the Board PowerPoints and
26 other materials received at that meeting. He announced that he and Commissioner Greene will
27 be meeting with the Broadband task Force tomorrow. He said that the subcommittee of the task
28 force has been meeting to go over the four RFPs received, so there will likely be quick
29 movement after the next couple of weeks.
30 Chair Price thanked the towns for their participation in the Assembly of Governments
31 meeting. She also announced that the Workforce Development Board will be discussed at the
32 February 8, 2022 Work Session.
33
34 4. Proclamations/ Resolutions/ Special Presentations
35
36 a. Presentation of Annual Comprehensive Financial Report for FYE 6/30/2021
37 The Board received the Annual Comprehensive Financial Report (ACFR) for the fiscal year
38 ended June 30, 2021 and considered approving a Local Government Commission (LGC)
39 Amended Audit Contract.
40
41 BACKGROUND: The ACFR reports on all financial activity of the County for the fiscal year July
42 1, 2020 through June 30, 2021. Cherry Bekaert, LLP, a firm of Certified Public Accountants,
43 audited the financial statements. The financial statements and audit are required by Chapter
44 159-34 of the North Carolina General Statutes. The County prepares an Annual Comprehensive
45 Financial Report (ACFR) that meets the standards set by the Government Finance Officers
46 Association (GFOA). The ACFR is submitted to the GFOA in order to be awarded the Certificate
47 of Achievement for Excellence in Financial Reporting. The financial report for the Orange
48 County Sportsplex, as required under the management contract, is included in the County's
49 ACFR.
50 The County received an unmodified (clean) audit opinion on the financial statements from the
51 audit. The financial audit results indicate compliance with County financial policies. The Chief
3
1 Financial Officer and representatives of Cherry Bekaert, LLP will present highlights of the report
2 and answer any questions.
3
4 The ACFR and other associated documents are available electronically at:
5 https://www.oran_pecountync._gov/finance/statements.
6
7
8 Gary Donaldson, Chief Financial Officer, explained the attachments for this item and
9 noted that representatives of Cherry Bekaert, LLP will make a presentation.
10 April Adams and Mike Carey of Cherry Bekaert, LLP, made the following PowerPoint
11 presentation:
12
13 Slide #1
14
Orange County
2021 Audit Summary
Cherry F I_:,-
15
16 April Adams began the presentation. She said they would be presenting the results of
17 the June 30, 2021 financial audit.
18
19 Slide #2
. • . •�• Agenda
Rale of External Auditor
r Infernal Controls
• • • • + • r Sigrnca
fnlAudilAreas
7
Results of the Audit and Required
ti C�m.m-unications
Financial Results
• r • r n . • , • ,
Queslions and Comments
20
21
22
23
4
1 Slide #3
Dole of the External Auditor
Actions Require
Procedures Ffnarclal Statements, Management
•Obtain_ y
misstatement -
t AT t f-- _M0111111111
%.%Cherry Bekaert-
2
3 Mike Carey continued the presentation. He said Cherry Bekaert uses a risk-based
4 approach in planning the audit. He said that includes review of prior year adjustments, annual
5 reports, inquiry with management, preliminary analytics and a review of industry trends in North
6 Carolina. He said that the information is used to assess areas of significance in the county's
7 audit and to develop Cherry Bekaert's risk assessment. He said that based on the risk
8 assessment, the team then develops the audit approach and testing procedures. He said that
9 the procedures are used to obtain reasonable assurance of the audit results not absolute
10 assurance. He explained that based on the test, they draw conclusions that the annual report is
11 free from material misstatements or if adjustments are required. He said that after the audit is
12 performed, they develop opinions based on components of the county's annual report, internal
13 controls over financial reporting, and internal controls over county's compliance with reporting
14 on federal and state program funding. He said that certain components are included based on
15 required communications and that those are contained in the governance letter for the audit.
16
17 Slide #4
Internal Controls
jjgE�ficant Cycle- I est of Controls information
,.. .112:- Con"
CherryBeti�_rl
19 Mike Carey said that part of risk assessment process identifies certain audit areas to
20 gain an understanding of internal control processes. He said that once that is done, they
21 complete a "cradle to grave" walk through of any significant audit area.
5
1 Slide #5
S-Ig iifl.cantAud-ItAreas
Financial Statements
Opp—
U e
.n.. .M
4'sewwaste *Long Term Debt
ti Cherry Bekaert
2
3 Mike Carey explained that cash and investments were audited and assessed by
4 comparing program reports versus actual ledgers and receivable reports. He explained that for
5 liabilities and expenditures they perform expenditure analytics and turnover analytics and
6 compare those. He said that they also review any legal claims against the county that would
7 need to be disclosed and accounted for.
8
9 Slide #6
Significant Audit Are2s
Awsarl,.A Rasura Plan face
Ccs na,nvs Aallaf Fid:
• Epidamialagy Program
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• Mc.7;cal,4ssisnanr.�
• ®SSiGin sscrrCrg Tastrg
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10
11
12 Mike Carey explained that for major program testing, they obtain the county's schedule
13 of expenditures of state and federal awards from management and then review the compliance
14 results of the last few years to develop a testing approach for the county's major programs.
15
16
17
6
1 Slide#7
Audit Results
DpinjQ Internal Co-ntrolls Single Audit
; .
One Nonmaterial
Vellowbook
Noncompliance
• A'
Federal&State Single *One Material
Audit Wea kne5s
Cher
.
Cherry Bekaert"
2
3 April Adams continued the presentation. She explained that a for audit results, there are
4 four opinions that are issued. She said that all four of the county's opinions are unmodified. She
5 said that unmodified means a clean opinion and this is the highest level of assurance that an
6 audit firm can provide to a client. She said that the financial statement is calling to the Board's
7 attention two items. She explained that the first is related to the County's implementation of
8 Governmental Accounting Standards Board (GASB) Standard 84 and associated changes of
9 reporting around that. She said that the second item of attention is an previous adjustment
10 related to debt for the Sportsplex fund and that there was a correction that needed to take place
11 from last year to this year. She said that the single audit, for the federal and state dollars that
12 the county administers, identified two finding. She said that both findings are related to the
13 Temporary Assistance to Needy Families (TANF) program. She explained that the tested twenty
14 of the MOE cases and that one of those files indicated that there was a child in the home when
15 in fact it was a 26-year-old person and thus an incorrect determination of eligibility based upon
16 that test. She explained that this resulted in a nonmaterial, noncompliance finding. She said that
17 the second finding was a material weakness, and it relates controls around the operation of the
18 program and the determination of eligibility. She stated that the state sent out a directive letter
19 that said that 25% of all the cases that get determined during the year need to be reviewed as
20 part of the quality control to ensure that all of the right documentation is there. She said that the
21 audit found that 25% review was not being done.
22
23
7
1 Slide #8
Required Communication
AIRM
IrnplfinentedGASBSd Corrected;
racdatslfwd Lame Airdit
capital rs.rs placaii araNIM On the unit assistance list
Estimates, Single Audlt findings
AllewanrefcrDmfkAAmw-An. LiKorretted(InwateralPassed
napmwbla llyossdiardWiadatmn an Adjustmwtsl;
hjbdh1aswmeaHSaadYlx.ieLswlflllrerenebte Board required to provide wrimn
01herpaslempinpm"bene lsIMF" Csreciresponse to the LGC within 60
rrnred st. Updcneddepreaat"fmma"jilasset days of this presentation.
Ap dn�ureo h6:17WdHIII G&Ad—do Garywlll promedraft letter
t]ihartapiral0.saat AA,w're�rrtr
2
3 April Adams said that the audit was submitted after December 1St and that makes it a
4 late audit. She said that Orange County is on the Local Government Commission (LGC) unit of
5 assistance list and that is an indicator of concern. She said there are also the two single audit
6 findings that were reported on the previous slide. These items require a response from the
7 Board to the LGC within 60 days and a draft letter will be provided to the Board that addresses
8 how the county will address the performance areas of concern.
9
10 Slide #9
Financial fesuits
General Fund 6 6.ug.et to Actual
Revenues beat budget by$4.3 ml I I Ion
Expend Itures Linder budget by$10.8 ml I I Ion
iappropri ate d balance
Final buciget of$6.8million
County 44 not ■ * balance
%.-4 Cherry Bt=•;a=_rt'
11
12 April Adams explained how the general fund is performing compared to budget. She said
13 that revenues exceeded the budget and that this had to do with sales tax being higher than
14 anticipated across the state. She said expenditures were under budget and that results in an
15 addition of$9 million to fund balance.
16
17
8
1 Slide#10
Firlandal Results
General Fund -Fund Balance
MMMMW—
County Policy is to maintain a minlmurn of 165 of exprndltunes sir approximately
2 months of expenditures in unassigned fund balance in the General Fund
Unassigned Fund Balance
94
rM
Cherry gecaert-
2
3
4 April Adams said that the percentage of unassigned fund balance should be two months
5 of general fund expenditures and that as of June 30, 2021 the county is meeting the policy.
6
7 Slide #11
Questions &
Comments?
Avrll Adm.CPA.
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so
9
10 Commissioner Bedford congratulated Finance Administrative Services for receiving
11 Certificate of Achievement for Excellence in Financial Reporting. She said she skimmed the
12 compliance report, but wants to know where to find the management letter with the findings.
13 April Adams said that the findings are in the 30 page document.
14 Commissioner Bedford asked about where to find the letter to the Board of Governance.
15 April Adams said the Board should have received that but that she can make sure to
16 send it again.
17 Commissioner Bedford said that it was the first year that the statement of position
18 includes all of the liabilities for the school debts but none of the assets. She said she
19 understands why it shows a negative now.
20 April Adams stated that when pensions and OPEB were added that it made the results
21 look much worse.
9
1 Commissioner Bedford asked if the state determines the OPEB number.
2 April Adams said that the OPEB number is based on each employee or past employee
3 that is eligible for those OPEB. She said the number of employees is provided to the actuary
4 and then the actuary provides the dollar amount. She explained that auditors make sure the
5 information supplied to the actuary is accurate.
6 Chair Price congratulated Gary Donaldson and his team for the clean audit.
7
8 A motion was made by Commissioner Bedford, seconded by Commissioner Fowler, to
9 approve and authorize the Chair to sign the Local Government Commission Amended Audit
10 Contract.
11
12 Roll call ensued
13
14 VOTE: UNANIMOUS
15
16 5. Public Hearings
17 None.
18
19 6. Regular Agenda
20 a. Resolution of Approval — Conservation Easement on Draper-Savage Memorial
21 Foundation (Moorefields) and Approval of Budget Amendment#7-A
22 The Board considered approving a resolution to approve the purchase of and acceptance by
23 Orange County of conservation easement(s) and trail easement for Draper Savage Memorial
24 Foundation (Moorefields) property, and approve Budget Amendment#7-A.
25
26 BACKGROUND: The acquisition of conservation easements to protect highly important natural
27 and cultural resource lands in Orange County is a longstanding goal of the Board of
28 Commissioners, and is a priority of the Lands Legacy Program. Since 2001, the County has
29 partnered with landowners and other entities to protect 2,850 acres of significant natural areas
30 and prime farmland with permanent conservation easements, leveraging well over $3 million in
31 outside funding and grants toward these easements.
32
33 Over the past several years, DEAPR has worked with Moorefields Foundation, the group
34 deeded to manage and caretaker of the grounds, on a project to conserve approximately
35 seventy-two acres of Draper-Savage Memorial Foundation lands located on Moorefields Road
36 in the Cheeks Township.
37
38 The farm property is located in the Upper Eno Critical Watershed, a priority watershed for
39 acquiring agricultural easements in a dual effort to protect prime farmland and drinking water
40 quality. The farm has over 1,900 linear feet of stream frontage on a tributary to and of Rocky
41 Run, a major tributary of the Eno River, which supplies drinking water for the Town of
42 Hillsborough and City of Raleigh. In addition, with the presence of Natural Heritage sites, the
43 historic Moorefields property and other areas of high cultural/archaeological significance, and
44 the property's adjacency to the County-owned Seven Mile Creek Natural Area, conservation of
45 this tract is a high priority for the Lands Legacy Program.
46
47 The Moorefields Foundation intends to grant permanent conservation easement(s) that will
48 restrict future development to protect prime open space and streams, as well as scenic views of
49 the open space from Moorefields Road and the adjacent County park. The Foundation also
50 intends to grant a trail easement for the Mountains to Sea Trail, allowing for further extension
51 from the County owned lands east towards Dimmocks Mill Road. All other non-agricultural and
10
1 historical restoration/renovation development rights will be extinguished through the
2 conservation easement.
3
4 There will be three separate yet concurrent easements on the property. The Natural Heritage
5 Area and stream buffers will be held in easement by the North Carolina Land and Water Fund
6 (NCLWF), and monitored by the Eno River Association through State contract. The remaining
7 open lands planned conservation easements would be held jointly by Orange County and the
8 Eno River Association. This easement would enhance the protection of this historic home and
9 grounds, which is listed on the National Register of Historic Places. The trail easement will be
10 held by Orange County with planning, management, and construction assistance with the
11 Friends of the Mountains to Sea Trail.
12
13 The planned conservation easement areas are depicted on the attached site map. The draft
14 deeds of conservation easement and the trail easement are also provided.
15
16 David Stancil, Department of Agriculture, Parks, and Recreation DEAPR) Director,
17 made the following PowerPoint presentation:
18
19 Slide #1
Draper Savage Memorial Foundation (Moorefields)
Conservation Easement
20
21 David Stancil said this is a historic site, actually on the National Register of Historic
22 Places. He said that it is in the Falls Lake Watershed with stream frontage on a tributary to the
23 Eno River. He said it is on the route of the Mountains to Sea Trail and is also adjacent to Seven
24 Mile Creek natural area.
25 Christian Hirni, Lands Conversation Manager, said this property is more commonly
26 known as Moorefields. He said that in 2018, Barry Jacobs, executive director of the Friends of
27 Moorefields approached Orange County staff with interest in granting a conservation easement
28 on the property. He reviewed the next steps taken by staff after this offer.
29
30 Christian Hirni continued the presentation:
31
32
11
1 Slide #2
Partnership with the Friends of Iilooretelds7and
River Association, and the State of NC Lan
Water Fund
Easements,and a Trail Easement for the Mountains to Sea Trail
• 1(-24 acres)to be held by the Siate of NC Land and Water and utonitored by Eno
River Association
1(-18 acres)to be co-held by Grange County and Eno Raver Association,as a
"working lands"easement
• IDD toot gide Trail Easement(-3 acres)to be layered over(recorded last)the
previous tvro
2
3 Christian Hirni said that the easements allow the high value natural areas and significant
4 stream buffers to be held to more restrictive easement language and provides for the highest
5 protection of those in their natural condition. He said that this will allow for the best possible
6 benefit for the sensitive eco systems and the water quality of Rocky Run. He said that the Eno
7 River Association will be contracted by the state to monitor the easement in perpetuity. He said
8 the remaining forty-eight acres will be offered as a "working lands" easement. He said these
9 easements will provide the highest level of protection while allowing Moorefields caretakers the
10 ability to continue utilizing the property in its current form, including fundraising and special
11 events. He said there will also be a 100 foot trail easement to traverse the northern property line
12 for the Mountains to Sea Trail. He said that this will add to the trail and connectivity efforts to
13 connect to the Town of Hillsborough's Eno River Walk.
14
15 Slide #3
Conservation.Easements) to match the values at hand
-71
i �
A t as
71
16
17 Christian Hirni said that the easements are custom-made for the property. He explained
18 how the property will be split into three separate easements, thus allowing the whole property to
19 be permanently protected.
20
21
12
1 Slide #4
f)uCI,tio ns%
■
2
3 Commissioner Fowler said this is a wonderful opportunity and shared that she went to
4 the site today and learned some of the history. She asked about the area immediately
5 surrounding the house on the property and whether or not the current event activities occur in
6 that area.
7 Christian Hirni said some activity will take place outside of that area, but not within the
8 24-acre area where the Eno River Association is maintaining.
9 Former Commissioner Barry Jacobs spoke on behalf of the Moorefields Foundation. He
10 thanked county staff and commissioners for helping to make this possible. He said that the
11 Moorefields easement can be thought of as a complement to the Seven Mile Creek nature
12 preserve because it is adjacent to it and extends it. He said that a natural areas inventory was
13 completed in the 1980s and that this area was considered the most significant natural area in
14 the county. He said that Moorefields has tried to serve as a community resource and has been
15 on national register of historic places list since 1950. He said they also lobbied for Cheeks
16 Township zoning which adds another layer of protection to the property. He said that Draper
17 Savage left in his will that the house and grounds would be maintained in perpetuity, and that
18 the grounds be maintained as wildlife preserve. He said that the special events on the property
19 help fundraise to offset operating costs. He said that between gifts, grants, partnerships, and
20 events, the organization tries to break even every year. He said that these easements will make
21 Moorefields a resource available for Orange County in perpetuity.
22 Commissioner Bedford thanked the foundation for their work. She said she has been
23 waiting to celebrate these easements and it is good to see the state funding. She said she likes
24 that the property will tie into the Mountains to Sea Trail. She asked when the actual building of
25 the trail will begin and about the next steps for the trail development.
26 Christian Hirni said staff has visited the property twice with Mr. Jacobs and members of
27 the Friends of the Mountains to Sea Trail to determine the best potential location for the
28 easement. He said that once the easement is recorded, the will work with Friends of the
29 Mountains to Sea Trail and Moorefields foundation to determine the exact route for the trail. He
30 said that volunteers will help to construct the trail, with the county taking over monitoring and
31 maintenance needs, in perpetuity.
32 Chair Price said this is a wonderful addition and thanked Mr. Jacobs and the foundation
33 for making the offer and making this resource available to the public. She said that she looks
34 forward to the safe return of festivals once the pandemic ends.
35 Former Commissioner Jacobs said he appreciates the partnerships and noted
36 partnerships with the Eno River Association, NC Land and Water Fund, and the City of Raleigh.
37 He said they are always looking for partnerships to make good things happen in Orange
38 County.
13
1 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
2 adopt and authorize the Chair to sign the resolution approving the acceptance by Orange
3 County of the conservation easements, and approve and authorize the Chair and the Clerk to
4 sign the conservation easement agreements and trail easement documents, subject to final
5 review by staff and County Attorney, with a closing and recordation of the document expected to
6 occur on or about March 30, 2022, and approve Budget Amendment#7-A.
7
8 Roll call ensued
9
10 VOTE: UNANIMOUS
11
12 7. Reports
13 a. Orange County Crisis/Diversion Facility — Updated Progress Report by the Orange
14 County Behavioral Health Task Force and Special Recognition of Tony Marimpietri
15 The Board received updated information from the Crisis/Diversion Facility Subcommittee of the
16 Orange County Behavioral Health Task Force, and expressed special recognition to Tony
17 Marimpietri, the Chair of the Subcommittee.
18
19 BACKGROUND: In April 2019, over thirty community stakeholders from the criminal justice
20 system, healthcare, behavioral health system, and housing came together to participate in the
21 Orange County Sequential Intercept Mapping (SIM) Workshop facilitated by the North Carolina
22 Department of Health and Human Services. The SIM process is designed to inform and address
23 community-based responses to the involvement of individuals with behavioral health issues and
24 intercepts with the criminal justice system. An intercept map and Final Report were created
25 (SIM Final Report), and one of the identified community gaps that emerged from this process
26 was the critical need for a Crisis/Diversion facility that would support diverting individuals in
27 behavioral health crisis from the criminal justice system and the Emergency Departments at
28 UNC Hospitals.
29
30 The Behavioral Health Task Force (BHTF), co-chaired by Deputy County Manager Travis Myren
31 and Caitlin Fenhagen, Criminal Justice Resource Department Director, and with subject matter
32 expertise from Barbara-Ann Bybel, Director of Inpatient Psychiatry Services at UNC Hospitals,
33 formed in 2019 to address the behavioral health intercept gaps identified in Orange County. The
34 mission of the BHTF is to improve outcomes for individuals with behavioral health disorders
35 through partnerships across justice, law enforcement, mental health, homelessness and
36 substance use service systems. Later in 2019, the Crisis/Diversion Facility Subcommittee was
37 formed and tasked with developing recommendations and a plan for a dedicated Facility.
38
39 This Facility will offer behavioral health crisis services and allow for law enforcement and
40 hospital ED diversion. The Subcommittee, under Tony Marimpietri's leadership as Chair, has
41 met diligently and frequently over the last two years, to address this high priority need. The
42 process has included a lengthy literature review of best-practices and elements for a
43 crisis/diversion facility, studying existing state and national crisis/diversion facilities, seeking
44 input from critical local stakeholders, looking at use case scenarios, examining available data
45 and determining the appropriate scope and function for an Orange County Facility.
46
47 In April 2021, the BOCC received a presentation with the detailed findings and
48 recommendations of the Subcommittee's work. An overview of these findings and
49 recommendations has previously been shared with the Behavioral Health Task Force, the
50 Justice Advisory Council and Orange County's law enforcement leaders. These presentations
51 have been met with broad support and interest. It is the Behavioral Health Task Force's strong
14
1 belief that the proposed Facility, and its evidence-based, holistic, trauma-informed policies and
2 practices, will lead to necessary enhancements in Orange County crisis system capabilities, will
3 increase diversion and deflection from the criminal justice system and will improve healthy and
4 safe outcomes for residents of Orange County.
5
6 Since April, the Subcommittee has continued its work to plan for the next phase of
7 implementation, with a specific focus on stakeholder use and operational needs and facility
8 design specifications. This effort, which included subject matter and use expertise from a wide
9 variety of crisis stakeholders, has resulted in updates to the scope of services and design. This
10 Progress Report will address these updates and share the roadmap for implementation.
11
12 Finally, special recognition from the BOCC is proposed for Tony Marimpietri, who voluntarily
13 took on the role of Chair of the Subcommittee. Mr. Marimpietri's expertise as a retired Senior
14 Project Manager at the Research Triangle Institute (RTI), and member of the National Alliance
15 on Mental Illness (NAMI) Local Board, has been invaluable to Orange County. Tony has spent
16 over two years and hundreds of hours of work leading the Subcommittee and guiding its work.
17 This important effort to address Orange County's critical gap in behavioral health crisis services
18 would not be possible without his efforts.
19
20 Caitlin Fenhagen reviewed the background information for the item.
21 Tony Marimpietri gave the following PowerPoint presentation:
22
23 Slide #1
ORANGE
ReportFACILITY
Progress
24
25
26 Slide #2
TOPICS
PlmgYi9f GveYVeW.
• RecencGwdelmes and RepoYcs.
• SEakA.Id—Upd—.
Penlgn Update.
Scope o1 S-1—Update.
Ocher 4ngo1ngVJork.
Impleme—on Road Map,
olscussians and O.—l-
27
28
15
1 Slide #3
PROGRESS OVERVIEW:WHERE DCS WE STAND REG R INGNEXTSTEPS
cm=� Work Completod-to Date and Ptanned
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Yyidatiq use of Facility by key Ora qt County stakeholAers-
• Tran0awd wrnws raceTnrngndgdinApril 20211*phXslwl"ut,Thls dorurngnt will bg usgd wnhardwWrt,
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• Con5rmti4 that Farlllty ran be IIsaTk*v+l as-1)B Ivral Heakth Urgent Qrq-7mr 4(agw 4 and abovq}aW Z}Fater Basad
Llcensiri g Crisp(adults o*l,,whlrh will aWk w For all rgronrnwded sgrs+mgs w bg unplemenwd.
• Wd he d&mlopwng regulatory roadmap In conjunction with operator once one Is selected.
t pgrao a i 5uticominictogyAdcwlopopenuanalguid0n%.3ndqua1tpmeXrr;3.
5u ingand opera m plan will bq dwermire4 by theOpgratoras spgr0Qd In rggulawryand contractual dorurngnts
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(stxaraholdgltx}
Prolgcttad Sa srlgs Develop a model for estlr savings likely to be=tr,sed lay various m 46tholdertt in Orange Counp-
WA use a nw&l from Crm New for twaleh sysrtm souses and will be talloring,it for Orange County.
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• Prepare an Vdarrmompadat based ren work d wit to date k,r we In ehViq fundin sources.
2 Nin dknmsh.&illfxbd.nGreinlndlorowork Pus rrarwdand.rangomg.
3 Tony Marimpietri said they anticipate 280 patients will be served per month.
4
5 Slide #4
i
REGENT GUIDELINES,AND REPORTS
I
7here continues to be a steady scream of publications and (Roadmap To The Mea?Crt*Systw6 March 24121
fonunu around BH crisis response. National Council for Behavioral Health
• Three recent notable Items are listed in the text box on Builds on and consolidates guidance previously
the right, published by others Ind udingSAMHSA.2420 Best
Practices Toolklt,.whlch is sited in the Aprl1 2021 report
• Each of These add to a series of publications which further presented co the BOGC,
underpin a consensus around BH crisis response at the (NAM)981 Call forAcdon,Ncirvember 2-121
community Level.
• A weeklong focus on mental health crisis response,
Each Is anented with and suppors the guidance referenced
Underscored Issues and best practices:citing recent
InourApril 2021 Report to theDOCC, guldelines.and envisioninga988future.
• Prottoing Youth Mental HrtoJtk December 2021
V.S.Surgeon General's Advisory
• Presents a call For actlon by society regarding ch lid
menial health at all kryelz4 polIcy,Instltutlonal.and
i ndlvldual sffami lies.
6
7 Tony Marimpietri said they continue to review guidance as new best practices are
8 published. He noted that 988, a crisis hotline, is scheduled to come online in 2022.
9
10
16
1 Slide #5
STAKEHOLDERS UPDATE.WORI GROUP GUTPUTAND FOLLOW UP
• Purptrss. Engage all stakeholders who are likely to have an Follow-up.'1' ill be following up on rhe accion Items over
operational relationship with the Facility and its staff. Che next several months to ensure policies,procedures.and
• Who.Subcommittee facilitated 5 Smkeholders orkgroup practices Among various stakeholders and the Facility are
meetings and engaged over 15 representatives of Orange aligned.7his work will parallel the design and operations
Counrr orgganlxatlons:EMS,OM,CHI}D, planningfor Che facility.
CourtsNagistrate, juvenile justice,public schools, Contents of Stal6aeholder Action Pbn:
Npa rtment of Social Services,VNC EDIPES,Individuals A.EMS
Involved In sobering services. B.law Enforcement
Focus.Discussion centered on how each group might use .Coures,+hlaglsCraaeFRetantion Center
the Fackllcy and what inputthey have regarding Facility D.Juvenlle Justice
services that would best support their programs, E, Social Services and Schools
Rosults.An action plan for fallow up with each IF. UNC EE)IPES,UNC CAPS
stakeholder group regarding policies,procedures,and G.Sobering Services
practices chat would best facilitate community-wide H,HofnelesslScreet Outreach and Harm Reduction.
collaboration around crisis response.Thisarkgroup also
provided in put to the Faci lity Design Worlgroup.
2
3
4 Tony Marimpietri said they convened two workgroups. He said that the stakeholder
5 group's purpose was to try to engage all that are likely to have an operational relationship with
6 the facility and the staff.
7
8 Slide #6
DESIGN UPDATE:WORKGROU P OUTPUTAIND► FOLLOW LIP
■ Purp*ss.Translate the servloes recommended In oueApr!I • Fallow-up.7he oucputfrom this workgroup will be used
2021 report into a descrkpclon of the physical Payout of the when working with the architect firm to be selected to
Faculty and its special infrastructure need's and to clarify develop a preliminary design and cost estl'matm,
regurawy rwrim rift, Contents of Desi nWorkc u
I''O p repor#:.
• ha.Subcommittee facilitated about 4 wor-kgroup A. Front EntrancvWaicingAreas.
meetings and engaged approximately IB SKEs who Kaye B, Rear Entrance.
expertise In cidsls facility regulation and design.Draw on C, BHUC Clinical Areas.
experience from other similar facilities.
D. Adult FBC Areas,
■ Focus.Discussion centered on key elements of the Faculty E, Medical Areas.
and the quality of user experience where users ranged from F Facia Icy Security,
EMS.L couresidecendon center,general public with special
G. Outpatient Service Areas.
attention to the needs of specific patlem cohorts(e g.,
adults,children,special needs. H. General Purpose Areas.
• I, CommunlCy Partner t]'ffloes,V*rkspace.
Results.Created a description of the physical layout of the
Communications InfrasCructure,
Facility.special Infrastructure componenmand regulatory J.
requirements.
9
17
1 Tony Marimpietri said the second workgroup was the design update workgroup. He said
2 the main purpose of the design group was to translate the recommended services from the
3 2021 report into a description of the physical layout of the facility and any special infrastructure
4 needed for regulatory compliance.
5
6 Slide #7
SCOPE OF SERVICES UPDATE:ADDITIONS TO APRIL 2021 REPORT
• Children Outpatient Services
Discussion with stakeholders.LME.and insurers Recommend adding outpaclentservices as an adjunci coo
underscore the need for services focused on children. Facility's crisis services(see text barn).
Demand for theses services Is laud and clear. These services should Focus on Children(see notes
• Regulatory review confirmed chat children 4 years of under ChJF tw).
age and older can be served in a SH UG—Tier 4.
Rec*rnmended scope of services has been revised to MfInitmi
include 13H1lC servlces for minors ages 4-17. Partial Hospitalization Program(PHP)is a structured
Sobel log Swvicw ®nencal health treatment program chat runs for several hours
Discussions with stakeholders Focused on sobering each dap.three to five days per week.Clients participate in
center related issues underscore that such services are scheduled treament sessions du ring the day and return home
centerical re the diversion mission of the Fch se. at night.This program 13 a step down From 24-hour inpatient
treatment.It can also be used to prevent the need for an
• Currenc demand for sabering services burdens UNC Inpaverc hospital stay.
ED,EMS,LE,detention center,and homeless programs. Intensive Outpatient Pra ram (IOP)Is a weataisenc
Recommisended scope of servkes h s been revised to program used to address addictlon&depresslon.eating
Include routine and surge sabering services. disorders.or other dependencies chat do not require
detoxification or round-the-clock supervision.They enable
patienss to concin we wYth their normal,day-to-day IFves.
7
8 Tony Marimpietri said they intend to bring any deviations from the April 2021 report to
9 the Board for their review and approval. He noted that before they had thought they could
10 include minors 16-17 but now they have expanded to allow ages 4-17.
11
12 Slide #8
OTHER ONGOING WORK
Continue with briefings For elected boards.
Mkt with Carrboro Town Council I n 3021.
Scheduling briefings for Chapel Hi 11 and H 11Isbonaugh Town Councils and public-school boards,
• Update projection of number of patients expected to be served by the Facility per fnmchfyear.
• Update is occurring In January-February 2022.
Will compile data for all of 2021 and add categories not i ncluded In previous projections.
• Savings
Develop cast saving models for various sectors.
• Estimate cost saving by sector,
• Governance.
Land ownership and use.
Facility construction.maintenance,and operations,
• Transportation.
Resolve identi{ted transportation Issues that could Impede the efficient use of facility.
• Include perspectives of both stakeholder:and general public.
13
18
1 Tony Marimpietri said they will be looking into their projected numbers of patients and
2 reviewing how many of those are actually below 18. He said that transportation is a key to
3 overall effectiveness, and they will dive into that topic going forward.
4
5 Slide #9
IMPLEMENTATION ROAD MAP
1.Preliminary Design and Costing
2.Man*ForAity Aeartroers r} }s » >3 as s> }}
3.Edenufy Facility Operacor(s) > }>
i.Pre-conscruction Ftegulat,ory Roadmap }> >} } }} }} }} �
S.Operations QA and+GuldelInes
7_bemand Projections >> �✓
�.Flnal D4"n } ? s
4.Fundingand Savings » » >> }} }} }} Ir{
10.Issue Contra+cc far Conscrueclon
Milestone 1,Kpy partners whpwill be r9sponsak1qfgr constructloNmalntanancvand fvraparatlansof FacArry era Identified
Milestone 2:Location far Facility Is svlaswd and assoclated appre+aaifor m u54 are cornf�wd
Milesmne#.Final F=icy design Is compfem-plans are ready for cansvucuon.Te be completed in nearly 2023_
Mileseone 4.,411,mWm Angs Identified and Tunes for are seeured.Te he completed in 2023_
Nota lwm l ghhghtad 4y red fr,r are huh prryrnry for m41n�rreng schedule fti targau starting ea ntructlon In 202-3
6
7 Tony Marimpietri said that this slide is their implementation roadmap. He reviewed the
8 milestones listed below the chart.
9 Commissioner Hamilton thanked Tony Marimpietri and Caitlin Fenhagen for this
10 presentation and their progress on the work. She asked what department in the county will
11 manage this facility. She noted this is a medical facility and will have requirements and reviews.
12 Tony Marimpietri said the most prominent models in North Carolina are WakeBrook in
13 Wake County and the C3 Comprehensive Care Facility in Asheville. In both of these models, the
14 facilities are owned and maintained by the county. In Asheville, a provider is contracted to run
15 the facility and take care of clinical, medical, and operational services. In WakeBrook, the
16 county owns the buildings, but UNC runs the clinical services. He said that it has not been
17 decided how Orange County will manage and run the facility.
18 Travis Myren said the county will contract clinical services out.
19 Commissioner Hamilton asked how much those contracts cost, how often there are price
20 increases, and what happens if the contractors do not do a good job. She noted there is limited
21 staffing for behavioral health services. She asked how this might impact services. She asked if
22 there would be service priorities if it is determined there is not capacity to do everything right off
23 the bat. She also asked how many beds would be available for short term stays. She asked if
24 there would be rooms for outpatient services.
25 Tony Marimpietri said that he does not have an answer for that just yet. He said that is
26 reason they are doing projections on the number of cases. He said they are trying to get details
27 on adults vs. children, how many chairs, and how many beds will be needed. He said that they
28 have describe the facilities but they have not quantified the number of facilities that will be
29 needed. He said that he does not know the capacities of the two models discussed but that
30 those could be scaled on a population basis. He said that he anticipates that the architect will be
31 able to take the information that they provide to them to adequately design the facilities.
19
1 Commissioner Hamilton said it would be helpful to get an idea from WakeBrook on how
2 many beds they have, the number they serve, etc.
3 Caitlin Fenhagen said that while they do not have those numbers with them tonight, they
4 have had conversations with other model facilities and received a lot of information. She said
5 that further data analysis is needed to determine needs for Orange County specifically. She said
6 the facility in Orange County will be smaller than the ones in Wake and Buncombe counties.
7 Commissioner Hamilton said when the numbers are available, she would like to see the
8 estimated costs for building the facility. She said that she sees the need for a crisis facility in
9 Orange County.
10 Commissioner Fowler said she has been on the Behavioral Health Task Force and
11 agrees that the facility is needed. She said there is also a need for warm handoffs and that she
12 is happy to see inclusion of outpatient services. She said that providers are also needed and
13 she is not sure how to address that issue. She asked if patients are charged for services at
14 WakeBrook like any other medical facility and if they accept insurance. She asked if patients do
15 not have insurance how their services are paid for. She asked if the county pays into operations
16 of the facility. She asked if UNC has made any commitments to Orange County for operational
17 services and if not, are there any other providers that the County is considering.
18 Travis Myren said they formally reached out to UNC Health Care two weeks ago and
19 should receive a response soon about their interest. He said that Alliance Health has been
20 involved in all task force meetings but he does not know of any funding commitment they might
21 be able to make but they are certainly at the table. He said that in terms of operating costs, they
22 want to be sure the facility can accept all forms of payment from private insurance to Medicaid
23 or any funds that Alliance Health administers.
24 Tony Marimpietri said a typical model would include the operator of the facility does
25 billing and where possible, through insurance. He said the county would also pay for operational
26 expenses and Alliance Health would pay for the uninsured. He said this would allow the facility
27 to accept all patients and payers.
28 Commissioner Greene thanked the task force for their work and thoughtful planning. She
29 said that she was on the simulated mapping and that this is more needed than ever. She said
30 that even though opioid settlement money is not in hand yet, it is not too soon to ask questions
31 to the NC Department of Justice on how they can determine exactly how much of this need is
32 attributed to opioid use disorders. She said that would be an approved use of the facility.
33 Caitlin Fenhagen said the Buncombe County facility got a large grant from NC
34 Department of Health and Human Services for their facility. She said there are also capital
35 campaigns and private funders who may be interested. She said that Buncombe facility had
36 multiple streams of funding to create what they have now. She said they are not just looking at
37 county resources.
38 Commissioner Richards said this is her first-time seeing details about this facility. She
39 said she is really glad to see the expansion for minors to include ages 4-17. She said that
40 almost every parent she knows is searching for support at one point or another for their
41 children. She asked if UNC Hospital or University was part of the stakeholder group.
42 Tony Marimpietri said it was UNC Hospitals emergency department since it is frequently
43 loaded with behavioral health cases. He said that one of the goals of the facility is to help with
44 the emergency department capacity. He said it was not the university.
45 Commissioner Richards said that anything the county does usually involved students
46 and asked if it was being looked at as a service to the university in terms of funding and
47 partnership. She asked if the cost savings review was a cost avoidance model and how the
48 savings are being factored.
49 Tony Marimpietri said they have not started that yet, but there are savings to health
50 facilities and the full impacts have yet to be determined.
20
1 Commissioner Richards asked if staff would build a model to show future avoidance of
2 needing to add facilities or care in other areas.
3 Travis Myren said the hope is the model will show the cost savings/avoidance to each of
4 the sectors.
5 Commissioner Richards said that 2023 seems ambitious. She asked if there would be
6 definitive funding before construction begins. She asked who is looking at grants and other
7 forms of funding.
8 Tony Marimpietri said the target date is to focus the mind on a date. He said he will not
9 promise it will be ready by 2023, but whatever date that is chosen will help focus attention on
10 how fast these tasks need to be worked through. He said that the funding campaign needs to be
11 activated soon and a subset of the subcommittee will likely take that on.
12 Caitlin Fenhagen said there has been outreach with UNC Wellness, which formed a task
13 force following the tragic suicides at UNC earlier in the year. She said that they can and will
14 continue to look beyond UNC hospitals and into partnering with other UNC groups going
15 forward. She said that it is not just a cost avoidance model and that there will be a cost savings
16 in the foster care system, criminal justice system, long term health care and resources the
17 county is providing on the back end, when this facility can address the issues on the front end at
18 the time of crisis. She said that the first phase was the recommendations and planning and that
19 the next phase will be meeting with Alliance Health and RHA and the county within the next
20 couple of weeks to talk specifics about interest. She noted that they are also awaiting a
21 response from UNC Health on their interest.
22 Chair Price said many stakeholders have been talking about this since before 2019. She
23 said that it will not just be keeping mental health out of other detention and health facilities, but it
24 is how they can intervene in people's lives in other places. She said that people are not getting
25 care they really need because departments are full. She said that she took a tour at WakeBrook
26 and at Asheville and suggested doing that again for other commissioners. She said that she
27 wants to advocate to the warm handoff where law enforcement can bring people to facility and
28 drive away. She said she likes seeing the 2023 date because these services are already past
29 due.
30 Commissioner Hamilton requested she be sent any research article that is available to
31 talk about cost savings so that she can review that and provide feedback on cost savings as a
32 whole. She also wants to consider long-term aspects of how people are successful at
33 overcoming mental health issued.
34 Tony Marimpietri said that outpatient and stepdown facilities are also important to bridge
35 those services.
36 Commissioner Bedford said she's been serving on the subcommittee, and she is very
37 much in favor of moving forward. She said that as a parent, years ago, her daughter attended a
38 facility out of state. She asked if others read the News and Observer's articles from December
39 2021 regarding the atrocious and abusive facilities that are out of state, and some even in the
40 state, and these were sometimes the only option for local children. She said that they just
41 closed one down in Garner. She said that having one close for families helps facilitate the family
42 involvement for patient success. She said that people go on to have very healthy quality lives
43 following treatment and that it does work. She said whatever the costs are, the work is
44 necessary because these are human beings.
45 Chair Price said it is more important to save lives and save communities than money.
46 She said that opioid money may be available as early as July. She also noted that the general
47 assembly has created a Medicaid expansion subcommittee and that this could help fund
48 services.
49 Chair Price recognized Tony Marimpietri for serving and leading the subcommittee
50 voluntarily.
21
1 Tony Marimpietri said that he appreciates the kind words and there are a lot of shoulders
2 pushing the cart forward. He said that Alliance Health is highly engaged and providing great
3 value.
4 Chair Price asked for a tour of the facilities to be scheduled in the future for the
5 commissioners.
6
7 b. Regulation of Large Gatherings
8 The Board received information regarding a means of regulating large gatherings in Orange
9 County.
10
11 BACKGROUND: The Board of Commissioners asked for information on how the County may
12 regulate protests or large gatherings in Orange County. The attachments include a legal
13 overview of the regulation of protests and gatherings that was previously provided to the Board
14 together with examples of how other jurisdictions approach this issue and some relevant state
15 statutes.
16
17 John Roberts reviewed the background information for the item. He said the county can
18 impose time, place, and manner restrictions and limitations on large gatherings. He said that the
19 county can restrict the display of weapons. He said the county can require permits, notification
20 of upcoming gatherings, and can create buffer zones. He said that the Board generally can't
21 restrict gatherings on private property, except during a declaration of emergency or where the
22 gathering is commercial in nature and the property is zoned residential. He said that the state
23 has some regulations regarding the riot acts that address gatherings. He said that this prohibits
24 the incitement of lawlessness, rioting, injury to person or property and allows law enforcement to
25 break up a crowd.
26 John Roberts said he has included some examples of what other local jurisdictions have
27 done on this topic. For example, the City of Raleigh requires permits for protests but not for
28 "peaceful picketing," but "peaceful picketing" is not clearly defined. He said that the ordinance
29 gives police the authority to break up crowds that are blocking streets or sidewalks.
30 Commissioner McKee asked John Roberts to clarify imminent threats. He said that some
31 of the issues in Orange County have included people using loud noises and bullhorns.
32 John Roberts said that an immediate or imminent threat to people, speaks for itself. He
33 said that it is not just someone that may be offensive or insulting someone. He said that if they
34 are holding a baseball bat and swinging it at somebody, but they have not contacted anyone
35 yet, this is an imminent threat to somebody's health and could cause physical injury. He said
36 that if they are acting like they are going to start hitting cars or windows that is an immediate
37 threat or if they are actually hitting people with their hands or with an object or damaging. He
38 said that threatening language that does not result in imminent potential is not enough. He said
39 that you can't break something up just because someone's feelings are hurt, or they get mad.
40 Commissioner McKee asked what the dividing line between threat and imminent threat
41 is. He asked if they are in a meeting and someone is voicing their opinion in a loud and
42 boisterous manner, and he feels intimidated, does that constitute removal.
43 John Roberts said that will be fact specific and depend on the circumstances. He said
44 that if it is a public meeting like this one, there's statutory law protecting the disruption of a
45 meeting and they can be removed from public property. He said that if they are on the sidewalk
46 using a bullhorn, he would not say that the county would have the authority to remove someone.
47 Commissioner McKee asked about if someone is standing across the street on a
48 bullhorn on private property.
49 John Roberts said that if someone were standing on private property, the county would
50 not lawfully be able to remove by ordinance unless they were violating a land use restriction in
22
1 the UDO. He said that would not allow for removal but could provide for penalties against the
2 landowner.
3 Commissioner Hamilton said part of the issue is the way we deal with threats; it protects
4 against imminent threat of physical harm but not against a threat when people feel intimidated.
5 She said so there almost has to be physical damage before someone has been harmed. She
6 said that society and legal system doesn't make that clear line but doesn't mean that people
7 that people are not harmed by a threat. She said that especially the harm that is done to
8 children, could have long-term mental effects on them. She said that just because you cannot
9 see it does not mean it is not harmful, especially to children. She said that needs to be thought
10 of with this. She said she understands they have to work within the confines of the laws. She
11 said she is looking for something to help regulate where they can occur. She said she would be
12 in support of something that said they cannot occur at school but can occur on designated
13 portions of county land. She said she is not looking at controlling speech, but she is looking for
14 a way to protect children from adult business and the long-term impacts. She said that an
15 ordinance that regulates time, place, and requires a permit that she will be in support of as long
16 as people are still allowed to voice their opinions in a peaceful manner.
17 Commissioner Greene said she was trying to determine the difference in what goes on
18 inside and outside a meeting and that John Roberts had addressed that question and she has a
19 clear understanding of inside of a meeting versus outside.
20 Chair Price asked about jurisdiction. She said that her familiarity of the issue is one that
21 was going on at a road outside of a school. She said her question is about determining who has
22 jurisdiction in that scenario and that it is likely a conversation between the Sheriff and the
23 schools. She asked who gets to issue the permits and also who gets to have a permit and who
24 does not get one. She also asked who determines when a group has to disburse. She said a
25 few years ago there was a march in Hillsborough from a cemetery into town. She said that
26 brought in mixed jurisdictions and some of the frustration from constituents arises when there
27 are several jurisdictions involved. She said that a few things have bothered her. She said one of
28 those is the idea of a threat that is imminent, because there are also adults who also feel
29 threatened by speech. She said that some speech is intended to incite. She said that she has
30 an issue with restrictions on what people can do. She said a lot of this goes back to when they
31 did not want workers to picket or union or they did not want people of color to be gathering so
32 she expressed concern on the three-person limit. She asked specifically about the question of
33 jurisdiction.
34 John Roberts said the Sheriff has jurisdiction throughout the county but leaves issues in
35 town limits to the town police. He said that if there was an ordinance that prohibited
36 demonstrations on school grounds that would only be effective within unincorporated areas of
37 the county so the Sheriff would be the one to enforce that ordinance. He said that if the towns
38 also had that ordinance, they would be the ones to enforce that.
39 Commissioner McKee said he appreciates Commissioner Hamilton's comments
40 regarding the threat and harm to children versus adults. He said that he has no doubt there is a
41 line, but he has a hard time identifying the line. He said that what he wants to make sure is that
42 people are not prohibiting people from being loud and voicing their first amendment rights. He
43 said that this is how social injustices have been addressed and will continue to be done. He said
44 that people should be able to be loud, up to the point they become threatening.
45 Commissioner Hamilton agrees with the ability to voice opinions loudly. She said that
46 she has heard from some people that have found it difficult to mount a demonstration and feel
47 protected, so they would welcome having a clear process so that they would understand from a
48 permit process. She said that police protection could be built in and protect those people. She
49 said that she has spoken with people at the Sheriff's office, and they have expressed favor in
50 having a regulatory manner for protests so that they could know what was coming and they
23
1 would know how to handle behavior because it will be regulated. She said that she thinks the
2 ordinance can protect children and also protect adults' rights to protest.
3 Commissioner Greene said she is in alignment with what Commissioner Hamilton has
4 said. She said that when it comes to controlling an event, the Sheriff has at their capacity tools
5 to deal with destructive behavior, and she would not want to oppose on free speech any more
6 than the Supreme Court says they can. She said that she is not prepared to make a decision on
7 this tonight, and she would like to know which county properties would be appropriate to
8 regulate.
9 John Roberts said there are few county properties where demonstrations would be
10 allowed. He said the courthouse steps, the open area around the courthouse, maybe one of the
11 county parks. He said that certainly not in or adjacent to office buildings. He said not many
12 properties at all.
13 Chair Price said that jurisdiction is confusing to people. She said that when there was a
14 protest at school inside of the Town of Hillsborough, calls were made to various offices, but
15 there were no responses because of the confusion around jurisdiction. She said that she is not
16 in favor of limiting anyone's freedom of speech, but some speech can be very hateful. She said
17 that hate speech can be inciteful.
18 Commissioner Richards said there was an incident where people were alleged to be on
19 a county road in front of a school. She said when they start thinking about properties and
20 jurisdictional issues, it gets complicated. She asked if there a way to normalize the ordinances
21 between the county and the towns, so that they are the same. She said that Chapel Hill requires
22 a permit.
23 John Roberts said if the Board wanted to adopt a county ordinance that looked like a
24 town's they could do that, or the towns could adopt a county ordinance for enforcement within
25 the towns'jurisdictions.
26 Commissioner Hamilton said Commissioner Richards's point is important and it would be
27 good to have consistency. She suggested that the BOCC take leadership on this and take the
28 steps necessary to protect school children. She asked John Roberts if they can regulate where
29 demonstrations can take place by being specific or can they regulate by saying you can
30 demonstrate anywhere "except" certain places.
31 John Roberts said he would recommend the second option because the vast majority of
32 land in the county is privately owned. He said the second option would be easier to do because
33 you can say where protests can occur and where it cannot occur. He said he also thinks you
34 can say you may not picket or demonstrate on public school properties.
35 Commissioner McKee said this is good conversation and he wants to bring Sheriff's
36 office into the conversation. He commended the Sheriff's department for their involvement in
37 calm demonstrations in the past.
38 Commissioner Bedford said sometimes students want to have demonstrations on
39 campus so should look at what school districts policies are about those, so they do not eliminate
40 student demonstrations.
41 John Roberts said an exception could be made for student protests on school property.
42 Commissioner Fowler said she likes the idea of it being a certain distance from a
43 property or something similar. She said that she participated in a parent demonstration in
44 support of schools. She said making it a certain distance would protect free speech and entry
45 ways to the buildings.
46 Chair Price reiterated importance for consistency between towns and county. She
47 suggested that this come back at a work session and a discussion with schools. She said that
48 law enforcement and the schools should be included and suggested that public comment be
49 allowed by waiving the rules about comment during work sessions.
50 Commissioner McKee agreed with running it through as a work session with law
51 enforcement and the schools.
24
1 Commissioner Hamilton said she also agrees with that and the Sheriff and schools being
2 present at the work session. She asked about how to allow public input without waiving the
3 rules for public comment at work sessions.
4
5 8. Consent Agenda
6
7 • Removal of Any Items from Consent Agenda
8 • Approval of Remaining Consent Agenda
9 • Discussion and Approval of the Items Removed from the Consent Agenda
10
11 Commissioner Greene noted that one of the budget adjustments is financial support
12 from the Town of Chapel Hill that is supporting the Street Outreach, Harm and Reduction
13 Deflection (SOHRAD) team by adding another member. She thanked the Town of Chapel Hill
14 for the support.
15
16 A motion was made by Commissioner Greene, seconded by Commissioner McKee, to
17 approve the consent agenda.
18
19 Roll call ensued
20
21 VOTE: UNANIMOUS
22
23 a. Minutes
24 The Board approved minutes from the January 18, 2022 Board of County Commissioners
25 meeting.
26 b. Refund of Overpayment of Excise Tax
27 The Board approved a refund of overpayment of excise tax of$406 to the Canaday Law Firm.
28 c. Property Tax Releases/Refunds
29 The Board adopted a resolution to release property tax values for five taxpayers with a total of
30 eight bills that will result in a reduction of revenue.
31 d. Applications for Property Tax Exemption/Exclusion
32 The Board considered four untimely applications for exemption/exclusion from ad valorem
33 taxation for four bills for the 2021 tax year.
34 e. Request for Road Additions to the State Maintained Secondary Road System for
35 Folsom Court and Weldon Ridge Drive in the Weldon Ridge Subdivision
36 The Board forwarded the Petition for Addition to the State Maintained System to the NCDOT for
37 Folsom Court and Weldon Ridge Drive in the Weldon Ridge Subdivision; and recommended the
38 Department of Transportation accept the roads for maintenance as State Secondary Roads.
39 f. Construction Contract for High Rock Road Waste and Recycling Center Renovation
40 The Board approved and authorized the County Manager to sign a contract with Bar
41 Construction Company, Inc. for the renovation of the Orange County High Rock Road Waste
42 and Recycling Center.
43 g. Fiscal Year 2021-22 Budget Amendment#7
44 The Board approved a budget amendment for Fiscal Year 2021-22.
45
46 9. County Manager's Report
47 Bonnie Hammersley reminded the board of their work session on February 8th and
48 reviewed the items on the agenda. She also mentioned the last information item. She said that
49 upon further review, it was determined that this did not require Board approval, only signature
50 by the Chair. She said that clarifications are submitted as information item.
25
1
2 10. County Attorney's Report
3 John Roberts said the Supreme Court will soon hear the review of the electoral districts
4 tomorrow so a decision should be made shortly thereafter.
5
6 11. *Appointments
7 None.
8
9 12. Information Items
10 • January 18, 2022 BOCC Meeting Follow-up Actions List
11 • Tax Collector's Report— Numerical Analysis
12 • Tax Assessor's Report— Releases/Refunds under $100
13 • Memorandum — Fourth Quarterly Report (2021 Q4) and 2021 Annual Report for Orange
14 County's CDBG-CV Grant
15
16 13. Closed Session
17 None.
18
19 14. Adjournment
20
21 A motion was made by Commissioner McKee and seconded by Commissioner Fowler to
22 adjourn the meeting at 9:31 p.m.
23
24 Roll call ensued
25
26 VOTE: UNANMIOUS
27
28
29 Renee Price, Chair
30
31
32 Tara May
33 Deputy Clerk to the Board
34
35 Submitted for approval by Laura Jensen, Clerk to the Board.