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HomeMy WebLinkAboutMinutes 04-14-2022-Work Session 1 APPROVED 5124/22 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION April 14, 2022 7:00 p.m. The Orange County Board of Commissioners met for a Work Session on Thursday, April 14, 2022 at 7:00 p.m. COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford, and Commissioners Amy Fowler, Sally Greene, Jean Hamilton, Earl McKee and Anna Richards COUNTY COMMISSIONERS ABSENT: None. COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified appropriately below) Chair Price called the Board of County Commissioners meeting to order at 7:00 p.m. 1. Boards and Commissions —Annual Work Plan Summaries The Board provided feedback and/or direction on the second group of boards and commissions' annual work plan summaries with their Chairs (or representatives) in attendance. (A first group of boards and commissions' annual work plan summaries were discussed at the Board's March 10, 2022 work session.) BACKGROUND: In the past, as part of the Board of Commissioners' annual planning and goal setting retreats, the Board requested and reviewed/provided feedback on annual plan summaries from the County's internal advisory boards and commissions. The information provided the Board with a yearly overview of the boards and commissions and their projected goals for the upcoming year. This process ended in 2007. The Board decided at its April 13, 2010 meeting to reinstate this process independent of the Board's annual retreats. Boards and Commissions Represented at this meeting: Board Name Representative(s) Presenting Orange County Parks and Recreation Council Mikki Fleming Historic Preservation Commission Art Menius Agricultural Preservation Board Portia McKnight Commission for the Environment Kim Piracci Arts Commission Fred Joiner Advisory Board on Aging Dr. Heather Altman Adult Care Home Community Advisory Committee Shade Little Nursing Home Community Advisory Committee Vibeke Talley Board of Health Bruce Baldwin Board of Social Services Pat Garavaglia 2 Mikki Fleming and David Stancil presented the work plan for the Orange County Parks and Recreation Council. Mikki Fleming said they have been working to expand the diversity of the council. She said they had a presentation on the One Orange Racial Equity Plan from Anita Jones-McNair. She said they have worked with her to create a flier that will be translated into Spanish and Mandarin to encourage diverse applicants to the board from across the county. She said that there was a recommended applicant that is African American for consideration for the Hillsborough seat. She said there is another upcoming vacancy they will recruit for the Chapel Hill seat, and they are hoping to add further diversity. She said they reviewed the applications for funding for outside agencies and they had twice as many applicants this year versus last. She said they had two or three last year and five this year. She said they will be reviewing the progress towards the Comprehensive Plan goals and the midpoint for the Parks and Recreation Master Plan 2030. She said they are continuing to serve as an advisory steering committee on the Mountains to Sea Trail. She said they sponsor the Nature of Orange Photography contest. She said they are also discussing the plans and eagerly awaiting the reopening of Blackwood Farm Park. David Stancil said when the workplan was created back in December, they were talking with Triangle Trails Initiative, and they were considering the idea of creating a county-wide trails plan. He said that at the Intergovernmental Parks Work Group meeting the night before they discussed the towns and county working together to develop a county-wide trails plan for bicyclists and pedestrians during the upcoming fiscal year. He said they would plan to hire a consultant during that time. He said the town representatives at the Intergovernmental Parks Work Group thought it was a good idea. He said the point is that the workplan has evolved since December and that is new information as of last night. He said they want to use the equity lens and framework as they develop a midplane assessment of the Parks and Recreation master plan. Commissioner Fowler said she was glad to hear they were going to work on interconnectivity between bicycle and pedestrian trails because she was going to inquire about the combined work. Commissioner Bedford said they have had good success getting easements for the Mountains to Sea Trail. She said this is good timing for the midpoint for the Parks and Recreation Master Plan review. She said more people are using trails and she thanked the board for working on the issue. Chair Price said she is on the Triangle Trails Initiative. She said there are people on the initiative that can help the county develop the master plan. She said it could save Orange County some money by reaching out for available assistance. David Stancil thanked Chair Price for reminding him of that. He said the plan will take more than just the Orange County Parks and Recreation Council. He said it will take transportation, sustainability, planning, and other agencies to develop a true coordinated plan. Chair Price said there is an app that could be used in the development of the plan to list amenities as people are walking. He said the app could be developed in coordination with the plan. Art Menius and Peter Sandbeck presented the work plan for the Historic Preservation Commission. Art Menius said the commission started a new project to obtain National Register designation for the Ridge Road School. He said the Ridge Road School was built in 1932 and is one of the few surviving examples of a Jim Crow era schoolhouse in Orange County. He said they received two approvals last year. He said one was for the Schley Grange Hall built in 1949 and they had a ceremony there in September. He said the grange hall meant a lot to its members. He said the other approval was for Cedar Grove School. He said it was the first 3 modern consolidated black school in 1951 and now is a community center. He said those two are now officially listed on the Federal National Register. He said they are working on new local landmark properties, which will come to the Board of Commissioners for approval. He listed the four properties under consideration: Harvey's Chapel AME Church and its historic cemetery that is set back in the woods; Old Eno Quaker Cemetery, which is one of the few unowned tracts in Orange County and is maintained by the Quaker community; Davis Cotton Gin and Press, which is a rare surviving community cotton gin; and the David Faucette House, one of the best preserved antebellum houses in Orange County. He provided an update on the book project that the commission has been working on for several years. He said the book text is complete and it has been sent to their book advisor. He said they have pushed back the release date many times, but once they have the completed text, they have a contract to print the book. He said they reviewed outside agency funding applications from the Burwell School and from the museum. He said the applications they reviewed were some of the best they have received from these agencies. He said the dendrochronology project received a private grant and they will locate pieces of wood in historic structures to date using dendrochronology. He said they are working on a concept for a county historical marker project. He said the easiest way to accomplish the project is to make virtual markers that can be found using GPS. He said this will cost less than the physical markers. He said that it will be easy to use in the car or at home. He said they are Working to preserve endangered rural historic resources in the county, in particular historic buildings and black burial grounds. He said they want to extend small grants to owners so they can keep up historic sites on their properties. He said they want to research, map, and protect historic black burial grounds. He said they have been planning for the 2501h anniversary of the founding of the United States of America. He said they want to improve the diversity of the commission. Commissioner Greene said thanked them for the work. She said she is interested in the county's historic marker program. She asked with the digital marker, how people will know about the virtual marker project. Art Menius said they would need to use the app to locate the properties. He said people can see a property and use GPS to look up the facts about the property. Commissioner Greene said it would be important to use the visitor's center to promote this. Art Menius said that once the app is up and working then they will fully promote it. Chair Price asked about the publication date of the book. Art Menius said 2023. Chair Price asked about Ridge Road School and asked if any of the community members were working on the application. Peter Sandbeck said yes. He said the community is very engaged with the research. He said the community wants to pursue the National Register designation and will consider the county landmark designation later. He said they are contemplating the future of their church and school. Chair Price said she had a conversation with some of the folks at the National Register and they are working hard to preserve black schoolhouses. She said there are grant funds to help preserve black schools. She said the building needs some work. Peter Sandbeck said there is a lot still at the school, such as desks, books, and partitions. He said that once they are on the Historic Register, there will be additional funds for restoration that become available with that designation. He said that the county will pay for the Historic Register designation. Commissioner Richards asked if the commission is optimistic about receiving foundation funding for projects. 4 Peter Sandbeck said there are two avenues. He said one is locating abandoned cemeteries that many people have forgotten about, and they are not even on genealogical maps. He said the state Historic Preservation Office has a federally funded grant program and the state is very interested in pursuing this project with the county. He noted that a formal proposal will be developed for the state during the coming year. He said they will do an archaeological historical assessment and get those mapped out and placed in GIS to be included in the county's planning system. He said these would then show up if people are applying to develop land where the cemeteries and historic structures exist. He said there is very good interest in that program from the state. He said on the preservation side, Ridge Road School, the immediate need is stabilization restoration work. He said there is foundation called the Marion Stedman Covington Foundation in Greensboro that is set up to fund small preservation projects. He believes they will be very interested in funding the Ridge Road School project. He believes they can get start with some structural repairs and then new windows will be placed. He said he believes that same foundation would be interested in partnering with the county to establish a county grant program for preservation of small preservation projects within the county. Chair Price said that she was glad historic preservation has changed its attitude on preserving small, black cemeteries. She said twenty years ago they were in contact with the state, and they said that someone of significance had to be buried there. She said the other challenge is saving them from developers because they are unmarked. Portia McKnight and Peter Sandbeck presented for the Agricultural Preservation Board. Portia McKnight said they have added five farms to the voluntary agricultural district program. She said that is 3,337 acres and that ten years ago there were fifteen farms and today there are 138 farms and 16,845 acres. She said that this has been a successful program to help farmers protect their farmland. She said they have a member on the Orange County Food Council to enhance the local food economy. She said they helped two farms join the century farm program. She said they have two people who review applications from the economic development department agricultural grants. She thanked the Board for their support. She said there is not enough funding to meet the need for protecting active farmland. She said it is an urgent matter than needs action. She said they want to work with planning, Cooperative Extension, Soil and Water and the Board to help preserve farmland. She said North Carolina is second only to Texas in the loss of farmland. She said the land is being subdivided for housing development. She said the second issue of concern is the loss of dairy in the county. She said they would like to find a path to reinvent dairy. She said Orange County has gone from a very strong dairy production county to only having one small dairy. She said a lot of people drink and eat dairy in Orange County, but there are not a lot of producers. She said dairy production is intensive and once we lose infrastructure and knowledge, there is a need to reinvent dairy production and to connect the people who consume dairy with the cows that make the milk. She said there is also a need for a dedicated agricultural trust fund to preserve farmland in Orange County. She said there is an urgent need for money in farming to keep farmland as farmland. Chair Price said thanked Portia McKnight for the presentation and information and said the Board will see what they can do to protect farms. Commissioner Richards asked for clarification on how large lot sizes contribute to the loss of farmland. Portia McKnight said if houses can be clustered in smaller areas, and areas that the county has designated for residential needs, it would preserve larger tracts of farmland. She said it was important that people feel that they are treated fairly in the process. She said that more densely planned residential is needed to preserve the farms. 5 Commissioner McKee said part of the reason we have large lot sizes are due to regulations for storm water runoff and other regulations. He said that it is important to recognize that county regulations affect lot sizes. He said these regulations are related to watershed runoff, impervious surface, and many other reasons that generate a requirement of a minimum lot size of two acres per house for a great part of the county. He said that he is not criticizing looking out for the environment but rather asking that they remain aware that it is county regulations that lead to larger lot sizes. He said that if someone purchases a ten-acre parcel then they are not required to adhere to a lot of those regulations and have a way around it. He said the desire for high end homes also adds to the larger parcels. He said that people want to put large homes on large tracts of land. He said the median income in Orange County allows for people to afford to build large homes and buy those large tracts. He said he would welcome a process to mitigate that. He said he does not see that happening because the county would have to extend water and sewer to encourage smaller lots. He said another factor is the profit potential with farming vs. development. He said from a personal experience, he bought a 26-acre tract and divided it into five separate parcels. He said that in one and a half years, he made more than he had in 19 years farming it. He said that dividing a farm up can result in a profit that is more than decades of farming. He said that the southern portion of the county used to be covered in dairy farms with the northern part tobacco farmed. He said those are all going away. He said that his wife grew up on a dairy farm in the county and he grew up on a tobacco farm and he hates to see the change but that is what is happening, and he does not see it coming back. Chair Price asked Portia McKnight how large her dairy farm is. Portia McKnight said her dairy farm is fifty acres and they have been farming for 20 years. She said that is not a very large farm and that they only have 30 cows. She said policies can be written to shift things if they want to. She said the Board is able to do something. Chair Price said they should work with the FFA to get young people interested in farming. Commissioner Greene said the policy decision to not extend water and sewer throughout the county was made over 30 years ago. She said that decision was to protect watersheds and prohibit sprawl. She said she thought there might be a middle ground or an alternative between the status quo large lots - that are necessary to have enough space to perk for a septic tank. She said she would like to better understand the alternatives that are being discussed before breaking the rural buffer. She said one option could be cluster lots with homes built close together and supplied with community septic. She said that once they break the rural buffer, no one will be happy. Commissioner Fowler asked if continuing the Voluntary Agricultural program would help preserve land. Peter Sandbeck said it is only one piece of the puzzle and it is voluntary for only 10 years. He said people can walk out at any time. He said the current number of farms is only a small percentage of all the farmland in the county. He said the average age of farmers is around 60 years old. He said they are thinking about the future and what their children might need to with the property to provide for their families. He said they would like to work with all the agencies and then come back at a work session to discuss ideas with the Board. Commissioner Richards said she looked forward to that. Chair Price said she hears about people who move into a new development next to a farm who complain about the smell and the noise. She feels that should be expected. She said they need to work on these issues to preserve farmland. She said that there is work to be done on this. Kim Piracci and Christian Hirni presented for the Commission for the Environment. 6 Kim Piracci said the commission will be working on several projects that align with BOCC goals in the next year. She said they will review applications for the climate grants, review the tree policy for county-owned lands, work with staff to develop a Greene Tract Headwaters preserve, form a joint subcommittee with the Parks and Recreation Council, and support the county's work in water quality issues in the Falls Lake Watershed with the Upper Neuse River Basin Association using the interim alternative implementation approach. She said they would like to review and comment on county rezoning requests. She said they are going to start reviewing the 2024 state of the environment report. She said they want to move to actionable recommendations as opposed to a statement on the environment. She said that there have been recent developments on their workplan. She said just this week, Chris Hirni spoke to them about the roadside wildflower preservation program and that she spoke with Johnnie Randall about this, and he is very enthusiastic about getting it going again. She said that will include many members from lots of different boards and commissions. She said that Johnnie Randall said he felt that they could get a lot more if a county commissioner sat on the committee. She said they are updating their bylaws. She said the biggest update is including climate change in their bylaws. She listed some of their emerging issues. She said they would like to support the commissioners and staff in creating a climate action plan. She said climate change has urgent impacts on public health and they would like to work with the Board of Health on that. She said they would like to expand compost collection. She said they would like to participate in the county's long-term transportation plan. She said they would equity to inform all their recommendations and they look forward to using the tools provided by the racial equity plan. She said they would like to improve the diversity of their commission. She asked that the Board wait for the commission to make a recommendation for filling vacancies so that they can make sure they are filling their diversity goals. She said they are participating in the earth day celebration on April 22 with two tables and the evening event three tables. There will be an outreach table to help recruitment. Chair Price asked for the dates and locations for the Earth Day events. Kim Piracci said the Earth Day celebration is on April 22 from 5:00 P.M. to 7:30 P.M. at the Carrboro Town Commons. She said there will be a children's parade, raffle, activities, and live music. She said there is a lot of interest in the event. She said that the Earth Evening coincides with the Last Friday celebration in Hillsborough on April 29th at 6:00 p.m. Commissioner Richards said she hoped the work on the Greene Tract engages with the community that will be residents there. Christian Hirni said the commission's work is related to the development of the Headwaters Preserve within the Greene Tract. Commissioner Richards said she just wanted it to include the community, whatever that it is. David Stancil said staff understands that it is not quite time for developing the preserve. He said they want to develop a plan to be ready for when the time is right, and that they planned to work with the community. He said there are steps that must happen first but there will certainly be community engagement for that. Chair Price said it would be part of the Greene Tract process. Commissioner Fowler said she was pleased that they included work on the climate. Commissioner McKee said he appreciated the comments about the Board being more deliberative in the process for filling vacancies. Chair Price thanked the commission for moving along with the times and including the climate in their bylaws. Fred Joiner and Katie Murray presented the work plan for the Arts Commission. Fred Joiner read some of the accomplishments by the Arts Commission in the previous year. He said they paid $68,835 in direct payments to individual artists and programs. He highlighted points from the work plan for the Arts Commission, which was included in the agenda packet. He said the arts programs in Orange County have grown, and as a result, they are operating at capacity. He said they were hoping for increased funding to the arts through hotel occupancy tax, but due to the pandemic their budget is facing an estimated 70% reduction. He said the budget for the arts increased 126% over the last 5 years, but only has one full time employee and two part time employees. He said that staff is not able expand and provide more services that are in demand. He said he is proud of the work the Arts Commission has done and is proud of staff. Chair Price said she wanted to brag on the Home Program, which provides emergency funds for artists that need housing. She said she spoke about it at Americans for the Arts meeting. She said that 20% of the proceeds from the exhibit go to fund housing for artists that need it. Kate Murray said they are working with the Housing department to provide the program. She said the program features fifty-four artists and each piece contains a statement about what it means with the context of home. She said that is one of the most impactful exhibits she has ever seen. She said it is up until May 2nd Chair Price said there was another exhibit opening at the old courthouse called Our Lens, Our Voice. Commissioner Hamilton asked how the new non-profit is supporting the commission. She asked about the relationship between the non-profit and the commission and if there is anything they must think about legally. Katie Murray said it is a separate entity from the commission. She said it will pursue grants and projects to complement the commission's work. Commissioner Hamilton said that because Katie Murray is involved with both, it is not separate. She said she would like more information on the relationship. Katie Murray said they worked with the County Attorney's office on the non-profit development. John Roberts, County Attorney, said James Bryan worked on the issue and that he would provide more information to the Board. Bonnie Hammersley, County Manager, said that this has been a long-time goal for the county. She said that Orange County is the only county in North Carolina that does not have an independent non-profit Arts Council. She said it is a way to raise money and is like the Friends of the Library and Friends of the Parks. She said that the Arts Commission is a government entity by the way it is established. Commissioner Fowler said she enjoyed hearing about the meaningful collaborations. She also wished Fred Joiner a happy birthday. She asked about the reduction in the budget of 70%. Katie Murray said she believes since the work plan was put together more information has emerged that indicates the reduction will not be as severe. She said the gap is larger this year. Bonnie Hammersley said the Arts Commission is funded through the occupancy tax through the Visitor's Bureau. She said they are seeing an increase in occupancy tax and more funds will be available as they see increases. Katie Murray said they receive around 10% of the 3% amount that goes to the Visitor's Center. She said that the budget for FY23 is based on the figures for 2021. She said that is why there is a bigger gap. Dr. Heather Altman and Janice Tyler presented for the Advisory Board on Aging. Dr. Heather Altman said the Orange County Department on Aging and Janice Tyler have done incredible work. She said that last year, she presented virtually during the pandemic. She said that the staff of the Department on Aging continued to work in person at both senior 8 centers and never ceased their operations. She said they provided over one thousand meals via curbside delivery and partnered with law enforcement for some of the home deliveries. She said that it was key that they were not isolating at home. She said the department provided over one thousand virtual events during the pandemic. She said the department developed the master aging plan which the Board will receive in the summer. She said the master aging plan takes place every five years. She said every older person in Orange County should see themselves in the plan. She said the Department on Aging collected surveys from more than one thousand respondents in Orange County with focused outreach to communities of color to ensure representation. She said that the Departments of Aging in Wilmington and Durham just developed their master aging plan and they highlighted the guidance of Orange County's plan in their press release. She said Janice Tyler conducted fifteen interviews within Orange County government leaders and there were seven different workgroups with 33 meetings, and they included over 150 different community members. She thanked Commissioner Greene for representing the Board at the meeting. She said they use the WHO's age friendly community framework in developing the 2017-2022 plan. She said the use of that framework was useful in guiding the plans that they continued this in the current Master Aging Plan. She said it focuses on eight topic areas. She listed the emerging issues that were included in the work plan included in the agenda packet. She said they also want to address the lack of transportation in bringing older adults to the senior center. She said the board is working to recruit applicants to the board that will improve the diversity of the membership. Chair Price asked if there is someone to manage the transportation needs. Janice Tyler said they have a mobility manager, but that this issue is different. She said the issue the mobility manager runs a volunteer driver program. She said they are talking about Orange County Transportation beginning to run their transportation program for seniors again. She said they are planning to resume this service on April 25tn Chair Price asked if Medicare only covers the transportation if they are going to a doctor's appointment. Janice Tyler said only Medicaid does and that Medicare does not cover the cost. She said the cost to ride transportation to the senior center can be high. She said it can be three dollars each way so it would cost six dollars round trip to go to the senior center but if they are further out, it is $12.75 each way making it $25.50. Dr. Heather Altman said $25.50 is a lot to pay for someone to get a free meal and some activities and that these costs are not covered by any program. Chair Price said she is surprised the cost is still that high because this has been a topic of discussion for many years now. Commissioner Fowler asked if the board is communicating with Housing on senior affordable housing needs. Janice Tyler said yes, and that they have made progress, but they have a long way to go. She said they are very involved with the Master Aging Plan work group. She said there is a long way to go for housing for older adults. Chair Price said there was a lot of need from the community for the senior centers to reopen. She thanked them for all their work. Janice Tyler said that they have been reopened in some capacity since July 2021, but they had capacity restrictions. Dr. Heather Altman said the Board of Commissioners serve as ambassadors and asked them to continue to spread the word that they are open. Commissioner Bedford noted that six of seven commissioners are over sixty and that the master aging plan is very impressive. She said she was glad to hear that other communities notice that. She said it was shocking to discover hidden hunger among the senior population. 9 Dr. Heather Altman said that UNC Hospitals ripped the Band-Aid off on that issue and that they are looking more into solutions. She said they have continued to partner with Meals- on-Wheels to provide meals as well. Janice Tyler said the lunch population doubled during the pandemic. Dr. Heather Altman said there really is no reason for anyone in Orange County to go hungry. Commissioner Greene said she was part of a presentation that presented at the Passmore Center. She said it was about a documentary based on Alicia Spencer's life. She there are people in the community that did not even know about the Passmore Center and had never been there or utilized the services. She said that one employee was there voluntarily and not getting paid and that is a testament to the program and Janice Tyler's leadership. Shade Little and Autumn Cox presented virtually for the Adult Care Home Community Advisory Committee. Shade Little said there are no activities for this committee due to the pandemic. He said they are charged to make visits and that due to COVID they have not made any. He said they try to offer suggestions when they can for improving care. He said the people in these homes are most vulnerable to COVID-19. He said they cannot make unannounced visits due to the potential of bringing in infections. He said they are hopeful that issues noticed in the past have not gotten worse. Commissioner Hamilton asked who is keeping the committee from going into the adult care homes. Autumn Cox said that the state ombudsman, Victor Orija, makes that decision. She said that there are numerous groups that are working on reentry plans. She said that ombudsman program has been going into facilities, it is just that the CAC cannot go in. Commissioner Hamilton asked if there is any indication of when they will be allowed back in. Autumn Cox said she heard perhaps August 1 st, but that is not official. Commissioner Hamilton said it is important to have more people's eyes on facilities to make sure nothing is going poorly. Autumn Cox said she agrees and that the decision for reentry is being based on the entire state of North Carolina. She said that COVID is still present in some long-term care facilities. Vibeke Talley and Autumn Cox presented for the Nursing Home Advisory Committee. Vibeke Talley said that her committee is in the same boat and have not been able to make the visits, but they have resumed their business meetings. She said that they have been given information about PPE and what they will need to know once they are allowed to reenter facilities. She said that the nursing homes are open to visitors so family and friends can go in. She said that those are eyes on the care, and they will report anything that is amiss. She said that pay has increased for nursing assistants to try to encourage them to stay and to help recruit. She said there are not enough nursing assistants to provide really excellent care in Orange County. She said she did not have much to say because they have not made visits. Commissioner McKee asked what the difference is between Autumn Cox is visiting versus the committee. He said that he has a concern about the lack of oversight in these facilities. Autumn Cox said the committee makes advocacy visits. She said she does complaint management for residents. She said the committee brings general concerns to the manager. Commissioner McKee said he wants to know who is restricting the visits and the reasoning for the decision. Autumn Cox said it is not the facility, but it is the state ombudsman who restricts visitation. 10 Commissioner Bedford said that mask requirements in licensed congregant facilities have not been lifted. Commissioner McKee said his concern is oversight, and these facilities are open to visitors and family and friends. He wonders why they would not be open to a committee that provides oversight. Vibeke Talley said she agreed. Autumn Cox said she could share the contact information for the state ombudsman with the Board. Shade Little said that when his committee visits, they have random conversations with anyone who will talk with them. He said that it is more free range. Commissioner Hamilton said families are in a different position for advocacy. She said families do not always know how to navigate the system. She said the committees are in a different position. Vibeke Talley said that there has been some progress in reducing the isolation by having family members visits, but that her committee would like to go in and visit as well. Commissioner Greene said one of the reasons that the conditions in nursing homes are the low wages for staff. She asked if any of the nursing homes in the county pay a living wage. Vibeke Talley and Janice Tyler said no, except for Carol Woods. Vibeke Talley said they have increased the wages and hourly pay. She said right now it is $12-$14/hour for four nursing homes and $15-$16/ hour at Carol Woods. Janice Tyler said that is where the General Assembly stepped in and provided those bonuses for longtime care workers. Janice Tyler said that the chair of the Area Agency on Aging (AAA) Board is Commissioner Greene. She said it would be appropriate to go through the AAA board for reentry concerns because it represents seven counties. Commissioner Richards asked about the regulations on safety. Janice Tyler said this has come up in previous years. Commissioner Richards asked who decides the safety expectations. Janice Tyler said the state decides for nursing homes. She said that the Department of Social Services, along with the state Department of Health and Social Services, has authority over adult care homes and assisted living. She said that DSS has a staff person that does the licensure at adult care centers. Commissioner Richards ask for clarification on the distinctions between the care types and centers. Janice Tyler said skilled nursing facilities and long-term care facilities. Commissioner Richards asked where issues go to after a visit is made. Vibeke Talley said they speak with the manager of the facility after a visit and then speak with the ombudsman's office. She said their reports get posted on the Orange County website, which increases transparency. Autumn Cox said any time a state team goes into a building, they always look at most recent CAC report and share what those concerns are. She said they can take those concerns in when they go to survey the site. Commissioner Fowler asked if there is an anonymous tip line for family members to report concerns. Vibeke Talley said the ombudsman's number is always posted in the facility. She said that they ask residents if they can share the information they have learned and if they would like to be anonymous. Janice Tyler said her department also gets the calls on the aging help line and they refer them. 11 Commissioner Bedford thanked Vibeke Talley for serving on the Advisory Board of Aging as well. Vibeke Talley said it has been nice to collaborate and work closely together. She said they also work with the adult care board. She said they have the meetings back-to-back, and they touch base. Commissioner Bedford asked if there was a date for training to begin for new CAC members. Autumn Cox said that the state is waiting for a trainer to be hired. She said that CAC members now need increased number of hours before they can be appointed. She said they have a lot of people who are waiting to take training and they are trying to prepare them so they can get trained quickly and start making visits. Bruce Baldwin and Quintana Stewart presented for the Board of Health. Bruce Baldwin praised the Orange County Public Health Department. He said Orange County was a model for managing a pandemic. He reviewed the makeup of the Board of Health and the rules for serving. He said they meet monthly. He read the general statutes governing the Board of Health. He said almost everything people do is affected by their health and well- being. He said every monthly board meeting has three or four educational presentations. He said some presentations are required by the state of North Carolina as part of the re- accreditation process, and that Orange County will be going through that process soon. He said the new mobile dental clinic is parked at Southern Human Services and sees patients two days a week. He said the plan is for it to be driven around the county when they hire a new dentist. He said Environmental Health remained open for business during the pandemic and added services related to COVID-19. He said the health department was a pilot for an electronic death certificate process. He said the deputy registrar provided over one hundred affidavits of parentage due to state office closures. He said the health staff offered smoking cessation classes to seventy-eight people and provided 261 nicotine replacement therapy kits. He said employees provided well-child checks and family planning appointments through telehealth. He said the health department provided routine immunizations through drive through events. He said there are three permanent subcommittees of the Board of Health. He said the three subcommittees are related to the priorities identified through the community health assessment survey. He said the subcommittees were suspended for a year and a half due to the pandemic but are meeting once again. He said the Health Equity subcommittee has been recently reviewing the need for municipal sewer service in the Gaines Chapel neighborhood. He said they held a forum in a church parking lot recently to provide education and resources to residents. He said the Substance Use Disorder subcommittee is planning to support the work of the opioid task force. He said the Access to Care subcommittee is meeting soon for the first time in a while, and they will be developing a work plan for the next two years. Chair Price said the work on opioids is ongoing. She asked about smoking cessation. She asked if there are any activities for vaping and young people. Bruce Baldwin said just prior to the pandemic they discussed the vaping issue. He said since the pandemic started, vaping has not been discussed. He said they will be discussing it again soon and likely discussing the use of vapes in public spaces. Quintana Stewart said the tobacco coordinator continues to work with the schools to address vaping issues. She said they had discussed similar rules to the tobacco use in public, but they have not proceeded because tobacco could have a $20 fine and there are no exceptions for vaping and that would lead to violators getting a criminal charge. Chair Price said she was thinking of vaping restrictions for the young people and that she is not seeking to criminalize it. Bruce Baldwin said that the state has discussed vaping being a misdemeanor and they are focusing on education rather than criminalization. 12 Pat Garavaglia and Lindsey Shewmaker presented for the Board of Social Services. Pat Garavaglia said that DSS has accomplished serving an average of 5,076 families per month in food in nutrition and over 8,000 in Medicaid. She said they have also worked with PORCH, Interfaith Council, Orange Congregations and Missions, Friends of DSS, the Foodbank Central and Eastern NC, and the Diaper Bank to help fill in service gaps. She said that they have also managed the new DHHS water assistance program to help people catch up on overdue water bills. She said they have paid over 2,000 utility bills for families in Orange County. She said DSS staff are responsible for managing over $125 million that does not show up in the county budget. She said there will be changes to DHHS policies and public assistance that will cause many families to lose benefits including food and nutrition and Medicaid. She said many families will need help and staff will be more in demand to answer questions. She said that the work will be focusing on prevention and families that have struggled to recover since COVID. She said DSS staff try to prevent struggling families from falling even further behind. She said that North Carolina has adopted a statewide policy called Safety Organized Practice and this should create consistency among all one hundred counties. She said this will require an increase in staff workload to help with transitions and increases to help with staff recruitment. She said they need help recruiting and retaining qualified staff. She said it is concerning that DSS lost staff to neighboring counties and other county departments due to higher wages. She thanked the Board for assistance to the community. Commissioner McKee praised both the Boards of Health and Social Services. He said these boards put you as close to the needs of Orange County as any board and encouraged other commissioners to serve on the boards. Commissioner Hamilton thanked the Board of Social Services for their work. She asked if there is a breakout of the number of older adults versus children or families that receive Medicaid. Lindsey Shewmaker said she would get that information to the commissioners. She said their number for total Medicaid enrollment for April was 21,000. She said the number is typically higher for children. Commissioner Hamilton thanked Lindsey Shewmaker for the information. Lindsey Shewmaker said the criteria to qualify is so limited for older adults that the greater population tends to be among children. Chair Price said they had a huge budget to manage and thanked them for their work. 2. Discussion on Board Members Voting on County Funding for, or Contracts with, a Non-Profit While Serving on a Non-Profit's Governing Board The Board discussed and considered options for addressing a new state law regarding BOCC members voting on County funding for, or contracts with, a non-profit while serving on a non- profit's governing board. BACKGROUND: The state adopted a new law last year prohibiting elected public officials from participating "in making or administering a contract, including the award of money in the form of a grant, loan, or other appropriation, with any nonprofit with which that public official is associated." The law describes the covered officials as those who serve on nonprofit boards or entities that are "organized or operating in the State primarily for religious, charitable, scientific, literary, public health and safety, or educational purposes and of which the public official is a director, officer, or governing board member." It further requires covered officials to recuse themselves from votes on funding for or contracts with these nonprofits. Since outside agencies are funded by County grants through contracts with those agencies, the determination 13 of how much funding to give to individual outside agencies is most likely covered by this prohibitive language. Violation of this law is a Class 1 misdemeanor. The prohibition does not extend to nonprofits or other entities that are created by the state or a local government. This is a prohibition on individuals engaging in activity while serving as elected officials rather than a prohibition on the BOCC itself, and ultimately it will be up to covered commissioners to determine for themselves whether they may be in violation of the statute. As noted above, the statute requires covered commissioners to recuse themselves from voting on these matters presumably because each individual commissioner is in the best position to know on what outside boards that Board member sits. Although there may be other ways to address this issue, four options in order of the ease with which they may be implemented include: 1) BOCC members may resign positions as directors, officers, or governing board members of any nonprofit covered by the new law if that nonprofit receives outside agency funds from or otherwise contracts with the County. 2) The BOCC approves 1.2% of general fund county revenue to be awarded to outside agencies and authorizes the County Manager to allocate the funds. If the BOCC does not agree with any allocation, that allocation could be addressed through a budget amendment at which time a commissioner with a conflict could be easily excused or recused. This would eliminate direct involvement in an award by a covered commissioner. 3) An alternative suggested by the UNC School of Government is to adopt "a practice of stripping non-profits from (the) general budget ordinance and then including those nonprofits later via budget amendments. That procedure allows conflicted-out board members to vote on the general budget ordinance but recuse themselves from amendment voting." Similar to the first two options, utilizing this approach would eliminate the risk to individual board members. This could be done at the same meeting at which the budget is adopted because North Carolina General Statute (NCGS) 159-15 allows amendments, with few limitations, at any time after the budget ordinance is adopted. 4) Another alternative suggested by the UNC School of Government is to "vote on pieces of the budget in stages prior to adopting the final budget ordinance. While these votes are not binding, they allow the board to make individual policy decisions as they work through the budgeting process. This preliminary vote process offers a potential strategy for handling conflicts arising from a member's financial interest in a particular budget provision. Under this approach, the Board would take a preliminary (nonbinding) vote on the budget provision that involves the Board member's interest and excuse the interested member from voting on it. If the matter passes, then it can be incorporated into the final version of the budget ordinance. When the board member later votes on the final version of the budget ordinance, it will be clear from the preliminary vote that the member's vote was not necessary to approve the provision that involves his or her financial interest." This approach still carries risk due to the fact that impacted commissioners are still voting on the problematic item even though they earlier recused themselves. The new law prohibits any involvement. 14 The first three options eliminate risk to covered commissioners. In addition to minimizing or eliminating risk to covered commissioners, options one through three also eliminate even the appearance of impropriety under the new law. As noted above, option four does not eliminate all risk. John Roberts, County Attorney, introduced the item. He reviewed the materials in the agenda packet. He said that he had previously asked the commissioners to provide a list of the non-profit agencies that they serve on, and he said that most of those were state or local government created. He said those agencies would be exempt from the rule, even if they contract with or receive funding from the county. He said that he only saw three non-profit agencies that may present problems with the upcoming budget: Community Home Trust, Child Care Services Association, and Voices Together. He said it would only affect Chair Price and Commissioner McKee. He said that the commissioners needed to decide how they wanted to approach the issue. He said that they cannot have two separate votes on the budget, and funding for these non-profits is made through the budget. He said that he did not think the commissioners would not want to not vote on the budget to avoid this one issue. He said staff produced four options that are listed in the agenda packet, and he felt that option #2 was the best. He reviewed option 2. Commissioner Fowler asked if a commissioner would have to recuse themselves if the amendment was related to their organization or because they have an issue with any part of the 1.2% funding. John Roberts said only if the amendment involved the one board they serve on. Commissioner McKee asked for the percentage of funding they allocate to outside agencies. Bonnie Hammersley said it is 1.2% of the general fund. Commissioner McKee said that option 2 holds the county at the amount currently funded. Bonnie Hammersley said yes. Commissioner McKee said that option 2 does not change the process that it just changes the allocation from a board decision to a manager decision. Bonnie Hammersley described the process for outside agency funding. She said applications are reviewed by advisory boards, less the commissioners that might serve on those boards. She said that she honored the ranking of the outside agency applications. She said based on the ranking, they receive a percentage of their request. Commissioner McKee said that process would remain the same. Bonnie Hammersley said yes. Commissioner McKee said he serves on the Community Home Trust Board. He said he had no issues resigning from the board, but he has held off until this conversation. John Roberts said that resigning is an option. Chair Price said she had no issue resigning from the two boards she serves on. Commissioner Greene said she liked option 2, whether or not commissioners resign from the boards. She said she liked the County Manager's process. Chair Price said she agreed. She said this way, there is not back and forth and no show of favoritism. Commissioner Bedford said she has been very comfortable with the process they have been using for several years now. She clarified that they usually do the budget amendments with the intent to adopt those a week before adoption of the budget. She asked about the timing of the amendments if option 2 is adopted. She asked if the timing would matter even if the commissioner has recused themselves. 15 John Roberts said that process is not legally considered budget amendments, they are just changes to the recommended budget. Commissioner Bedford asked if the commissioner that has a conflict would be allowed to be involved in that. John Roberts said he thought option 2 allows them to approve a 1.2% generic amount and that all of the commissioners could be involved in that. He said the specific allocation would be the role of the manager. Commissioner Bedford asked if it is legal for the commissioners to have the discussion on the manager's recommended budget. Chair Price said she thought option 2 meant that the County Manager would allocate the outside agency funding and the board would not make any amendment to those allocations. Bonnie Hammersley said that is correct. The Board would allow the county manager to take 1.2% of revenue and grant awards based on recommendations made by advisory boards and county staff. Commissioner Bedford said with that information, she supports option 1. Commissioner Greene said that her understanding of the roles is not the same as the legal conflict of interest because they are obligated to vote unless there is a real conflict of interest. She said that when she had an earlier conversation with the manager about this topic, she thought that this amount would be awarded through the county manager's process. She said #2 seems that the BOCC can amend the manager's allocation. She said she is not in support of option #1 and that she is fine with option 2. Commissioner Greene said she understood Commissioner Bedford was concerned about timing, but that she did not think it would be a significant issue. Commissioner Fowler asked if they would know the specific allocations on the date of adoption. Bonnie Hammersley said they will know because it will be listed in the budget. She said the reason they have changed it to a grant system is because it was so political. She said this will take the politics out. She said advisory boards appreciate that the county is taking their input on the applications. Commissioner Richards said that if she understands how decisions are made, she feels a little more comfortable. She said she feels that as a representative of the county she needs to understand the reasoning. Bonnie Hammersley said that each application is ranked and there is information at the end of each application explaining the ranking. She said that some advisory boards rank differently. She said she met with all fifty-eight outside agencies and she has told them all will know their funding as of May 3. She said if they have any questions, they can contact staff to find out why funding was provided. Chair Price asked if Bonnie Hammersley could provide the scoring sheet. Bonnie Hammersley said yes and that is part of the work session. Commissioner Richards said that Community Home Trust is contracted to provide services on behalf of the county, but they have little or no influence over how they deliver that service. Bonnie Hammersley said that Community Home Trust is different because all the local governments have signed an interlocal agreement that they will pay a certain amount of funding to the agency. She said they are part of the outside agency funding, but Community Home Trust does not have to apply. She said that other outside agencies are required to follow performance measures as they submit in their application and that is reviewed by department directors. She said they get paid quarterly only if they submit their information on performance measures. 16 Commissioner Richards asked if there are performance measures in the interlocal agreement for Community Home Trust. Bonnie Hammersley said yes. Commissioner Fowler clarified that Community Home Trust does not have a ranking in the outside agency process but is included in the 1.2% of funding. Commissioner McKee said he supported option 2, but he was still going to resign from the Community Home Trust board. He said that it is clearer that there is no conflict of interest by resigning. He said the process for outside agency funding is better now, and it is clearer how we get to the allocation for outside agency funding. He said option 2 gets the county further to a clean process. Chair Price asked if Community Home Trust requires that elected officials sit on the board. John Roberts said he thought it was in their bylaws, but the bylaws will have to be changed. Commissioner Bedford thought maybe it could be changed to have a staff representative rather than an elected official. Chair Price asked if there is a consensus for option 2 so it can be placed on the agenda at the business meeting. Commissioner Greene said that this option allows for the commissioners to amend the manager's allocation. Chair Price said that would not be done until September. Commissioner Greene said that she just wants to be clear on what they are voting on for Option 2. She said they could remove the middle sentence and simply allow the manager to make the allocation and remove the board's input and she said she is fine with that as an option. Chair Price said that even with that option, the Board could make the budget amendment anytime after the budget is adopted. Commissioner Greene asked why the Board's ability to amend the budget needed to be stated in Option 2. Chair Price said it was there for clarity on the process. Bonnie Hammersley said that second sentence could be removed because once a budget is adopted the board automatically has authority to amend it. The Board agreed by consensus to include option 2 in the FY23 budget ordinance, removing the language about budget amendments. Commissioner Fowler asked how long the outside agency funding has been set at 1.2%. Bonnie Hammersley said the 1.2% grows every year because the general fund grows every year. She said that it could say a target of 1.2% but in most cases, it exceeds that slightly. Commissioner Fowler asked what percentage of allocation is compared to the requests. Bonnie Hammersley said this year requests were around $2.2 million and that the allocations were around $1.9 million. Commissioner Fowler said these agencies get approval because of specific needs that the county has. She asked if there was a greater or lesser need if the percentage would change. Bonnie Hammersley said they have maintained that percentage for 8 years and it grows every year. She said that the amount increases, because revenue increases. She said it does not address the education side of the budget. Commissioner Fowler asked for clarification on departments that are more conservative in their review of applications. 17 Bonnie Hammersley said that social services is more and that is the nature of their business. She said that every outside agency is great and doing good work and meeting the performance measures. Commissioner Fowler said that the review being harsher by certain departments might be something that the board would want to amend. Bonnie Hammersley said that in those areas, she sees a greater need. She said that is why those departments review more strictly because the level of service provision is critical. She said they also look at the reasonableness of the request. Commissioner Hamilton said commissioners should consider the perception of the public when a commissioner is on an outside agency board. She said commissioners should think about whether it is wise to serve on the board. Chair Price clarified that the commissioners supported option 2 to be included in the budget ordinance. John Roberts said that the elected officials serving on the Community Home Trust board are appointed by the local governments and serve as public representatives. He said that the public representative's definition allows someone that is not elected to be appointed in that position. 3. Advisory Board on Aging —Appointments Discussion The Board discussed appointments to the Advisory Board on Aging. BACKGROUND: The Advisory Board on Aging suggests policy and makes recommendations to the Board of Commissioners and the Department on Aging while acting as the liaison between the older residents of the County and the County government. It is charged with promoting needed services, programs and funding that impacts the older residents. The Board of County Commissioners appoints all twelve (12) members. The following individuals are recommended for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Dr. Heather At-Large One Year Extension 06/30/2023 Altman Vibeke Talley At-Large Second Full Term 06/30/2025 Lucinda Poole At-Large Partial Term 06/30/2023 If the individuals listed above are appointed, the following vacancies remain: POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE At-Large 06/30/2024 Vacant since 03/21/2019 At-Large 06/30/2022 Vacant since 07/01/2019 Tara May introduced the item. The commissioners agreed by consensus on the recommended applicants. Commissioner Bedford asked about the vacancies on the board. Tara May said that the board is attempting to recruit from different communities to improve diversity on the board. 18 Commissioner Fowler asked about the two applicants that did not receive a recommendation. Tara May said that the advisory board wanted more time to recruit for those vacancies. Commissioner Fowler described some of the attributes of one of the applicants, Sandy Walker. She said she had recruited Ms. Walker to apply. She said she was ok waiting if the board wanted more time. Commissioner Bedford said she thought they should put Ms. Walker forward. Chair Price said she thought they should respect the advisory board's request to wait to recruit more applicants. Chair Price asked for a show of hands for recommending Sandy Walker. The commissioners agreed by consensus recommending Sandy Walker for a vacant position. 4. Alcoholic Beverage Control Board —Appointment Discussion The Board discussed an appointment to the Alcoholic Beverage Control Board. BACKGROUND: The Alcoholic Beverage Control Board has the authority to buy, sell, transport and possess alcoholic beverages for the operation of its stores. This board also adopts rules for the ABC system and has the authority to hire and dismiss employees. The Board of County Commissioners appoints all five (5) At-Large members. The following individual is recommended for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Elizabeth Carter At-Large Second Full Term 06/30/2025 If the individual listed above is appointed, no vacancies remain. Tara May introduced the item. The commissioners agreed by consensus on the recommended applicant. 5. Animal Services Advisory Board —Appointment Discussion The Board discussed an appointment to the Animal Services Advisory Board. BACKGROUND: The charge of the Animal Services Advisory Board is to advise the Board of County Commissioners on matters of concern regarding animal issues and animals services in Orange County and to work with the Animal Services Director (or designee) on various policy concerns and issues regarding County animal services. The Board of County Commissioners appoints all thirteen (13) members with representation from various related fields and municipalities. 19 The following individual is recommended for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Paula L. Greeno Animal Partial Term 06/30/2023 Welfare/Animal Advocacy If the individual listed above is appointed, the following vacancies remain: POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE Town of Carrboro 06/30/2024 Vacant since 06/30/2021 Town of Chapel 06/30/2024 Vacant since 06/30/2021 Hill Owner/Manager 06/30/2023 Vacant since 01/05/2022 Retail Pet Services Tara May introduced the item. The commissioners agreed by consensus on the recommended applicant. The Board agreed to wait to appoint new members to the vacant positions until the advisory board has had a chance to meet. 6. Arts Commission —Appointment Discussion The Board discussed an appointment to the Arts Commission. BACKGROUND: The Arts Commission recommends strategies to promote the artistic and cultural growth of Orange County, advises the Board of Commissioners on matters involving the arts, and acts as the granting panel for funding programs available to individual artists and non- profit groups sponsoring arts projects in Orange County. The Board of County Commissioners appoints all fifteen (15) At-Large members. The following individual is recommended for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Saba A. Jordan At-Large First Full Term 03/31/2025 If the individual listed above is appointed, no vacancies remain. Tara May introduced the item. The commissioners agreed by consensus on the recommended applicant. 20 7. Board of Health —Appointments Discussion The Board discussed appointments to the Board of Health. BACKGROUND: The Board of Health makes policy and is charged with protecting and promoting public health in Orange County. The Board of County Commissioners appoints all eleven (11) members with representation from specific health-related professions and the public. The following individuals are recommended for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Brian Crandell Pharmacist First Full Term 06/30/2025 (re-appointment) A arna Jonnal Physician Second Full Term 06/30/2025 If the individuals listed above are appointed, no vacancies remain. Tara May introduced the item. The commissioners agreed by consensus on the recommended applicants. 8. Economic Development Advisory Board —Appointments Discussion The Board discussed appointments to the Economic Development Advisory Board. BACKGROUND: The Economic Development Advisory Board works cohesively with the County's Economic Development staff and other economic development partners to position Orange County as a competitive location for business opportunities. The Board of County Commissioners appoints all ten (10) members, with representation from various fields. The following individuals are recommended for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Kristen Smith UNC Chapel Hill Second Full Term 06/30/2025 Young Tom Proctor Core Business First Full Term 06/30/2025 Community re-a ointment If the individuals listed above are appointed, no vacancies remain. Tara May introduced the item. The commissioners agreed by consensus on the recommended applicants. 21 9. Orange County Housing Authority Board —Appointment Discussion The Board discussed an appointment to the Orange County Housing Authority Board. BACKGROUND: The goal of the Orange County Housing Authority Board is to provide decent, safe, and sanitary housing for the low- and moderate-income families in the County. The Board of County Commissioners appoints all seven (7) members. The following individual is recommended for Board consideration: NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM Alice Mahood At-Large First Full Term 06/30/2027 (re-appointment) If the individual listed above is appointed, no vacancies remain. Tara May introduced the item. The commissioners agreed by consensus on the recommended applicant. A motion was made by Commissioner McKee, seconded by Commissioner Bedford to adjourn the meeting at 10:17 p.m. Roll call ensued VOTE: UNANMIOUS Renee Price, Chair Laura Jensen Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.