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HomeMy WebLinkAboutMinutes-02-21-2023-Business Meeting 1 APPROVED 4/4/23 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS BUSINESS MEETING February 21, 2023 7:00 p.m. The Orange County Board of Commissioners met for a Business Meeting on Tuesday, February 21, 2023 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice-Chair Earl McKee, and Commissioners Amy Fowler, Sally Greene, Jean Hamilton, Phyllis Portie-Ascott, and Anna Richards COUNTY COMMISSIONERS ABSENT: None. COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified appropriately below) Chair Bedford called the meeting to order at 7:00 p.m. All commissioners were present. 1. Additions or Changes to the Agenda Chair Bedford requested the addition of a Letter of Support for Chapel Hill's Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Application as item 8-h on the consent agenda. A motion was made by Vice-Chair McKee, seconded by Commissioner Fowler, to approve the amended agenda. VOTE: UNANIMOUS Chair Bedford dispensed with reading the public charge. 2. Public Comments (Limited to One Hour) a. Matters not on the Printed Agenda Clifford Rogers said he is a member of Mt. Zion AME Church and lives near Cedar Grove School at 6005 NC Hwy 86N in Hillsborough. He said he lives on land that has been owned by his family for years. He said he is retired and he and his wife moved back to the property. He said his home is within 75 feet of their neighbor's property. He said his neighbors are shooting semi-automatic and fully automatic weapons that are very loud and disturbing. He described this behavior as occurring at different times of day, including at night. He said he understands what the ordinance says, but he is concerned that there is no time limit and houses are too close for this type of behavior. He said other neighbors are being affected by this behavior. He said he and his wife moved to Hillsborough to get away from hearing gunfire and have peace. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 2 3. Announcements, Petitions and Comments by Board Members Commissioner Hamilton said she had no announcements. She welcomed Commissioner Portie-Ascott to the meeting and said that she looks forward to working with her. Commissioner Fowler echoed Commissioner Hamilton's remarks. She said she went to a TARPO meeting and the Towns of Pinehurst, Southern Pines, and Aberdeen along with three other towns now have adequate density to require an MPO and that will be developed over the course of the next year, and they will get pulled out of TARPO. TARPO also approved the county's submission for a CMAC grant for $180,000 that will require a small match and if approved, the funds will be used to purchase mobility vans with a preference for EV. She said that she learned that the IIJA Federal Act includes funding for bike and ped projects so it will be worth a look into that. She said that she attended the ABC board meeting and they have increased staffing with the opening of a new store and implemented wage increases for staff. She said the ABC Board will report to the commissioners in March. Commissioner Richards said she attended the Justice Advisory Council meeting. She said she hoped to share information from that meeting at a future meeting. She said the NC Department of Public Safety presented information about youth outcomes that were disturbing especially with Orange County statistics compared to the rest of NC. She said she hopes they can discuss this at work session in the future. She said she went to the Agricultural Summit and it was great to be there in person. Chair Bedford said she went to the MMC meeting, DSS meeting, and the Partnership to End Homelessness meeting. She said they will make the committee assignments later tonight but those will change. She said the MMC meeting minutes have been forwarded to the commissioners. Vice-Chair McKee said he attended the Durham Tech Board retreat that day. He said there is a plan to place roadway markers for a civil rights historical trail. He petitioned staff to research this plan and bring back information to the Board. Commissioner Portie-Ascott thanked Commissioners Fowler and Hamilton for their comments. She said she began working with staff to schedule meetings with department heads to learn more about them. Commissioner Greene said she attended the Agricultural Summit. She said soon they will see an update to the lands legacy action plan and will prioritize wildlife and natural corridor trails. She said that the NC Natural Heritage Association has been working to create the maps. She said the climate action plan consultant led an interactive workshop with farmers to determine what they need. She said that they are trying to work to preserve farmland and prevent encroachment. 4. Proclamations/ Resolutions/ Special Presentations a. Black History Month Proclamation The Board approved a proclamation declaring February 2023 as Black History Month. BACKGROUND: Carter G. Woodson and three others started Black History Month, proclaimed by every president since 1976. These Black Americans formed the Association for the Study of Negro Life and History (ASNLF), which started the idea of Black History Month in 1915, at the celebration of the fiftieth anniversary of emancipation in Washington, DC. The ASNLF, an organization whose mission was to research and promote the achievements of Black Americans and other people of African descent. The first celebration was during the week in February that encompassed Abraham Lincoln and Frederick Douglas's birthdays. In 1976, President Gerald Ford expanded the celebration to the month of February. President Ford urged Americans to "seize the opportunity to honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history." The month of February was selected to commemorate the birthdays of Lincoln and Douglas and to recognize the history of Black Americans and the historical significance they represent in the history of the United States. 3 This year's Black History Month theme is: From The Ground Up: Rooted In Place, Land, and Body. County activities commemorating Black History Month include: • Thursday, February 2"d, 9:00 a.m.-1:00 p.m., Diversity & Equity strategy session Description: As efforts begin to shape equity in the community, a strong foundation is needed. An opportunity for a candid discussion during this strategy session to build the internal infrastructure of the equity committee. Location: Solid Waste Management office (1207 Eubanks Road, Chapel Hill, NC 27516) *Internal Orange County Staff only. • Friday, February 3rd, 6:00 p.m.-9:00 p.m., Community Canvas Description: A family affair as Black History Month kicked off! All visitors were welcome to come join and contribute to the community canvas. A local artist helped guide everyone and paint a masterpiece focusing on this month's theme: From the Ground Up: Rooted in place, land, and body. Location: Orange County Arts Commission, Eno River Mill, 437 Dimmocks Mill Rd. Suite 17, Hillsborough, NC 27278 • Tuesday, February 711, 12:00 p.m.-1:30 p.m., Read it and Reap Description: A facilitator assisted as attendees delved into a book discussion of a powerful story of a father's past and a son's future, Between the World and Me by Ta-Nehisi Coates. Coates wrote about race as he referenced his passion and hopes for change in society. Location: Orange County Public Library, 137 W. Margaret Ln., Hillsborough, NC 27278 • Wednesday, February 15t" 6:00 p.m.-8:00 p.m., Movie night Description: My Name is Pauli Murray reintroduces the iconic trailblazer who has been overlooked in many elements of history. A documentary on the impact of this lawyer, activist, poet, and priest who helped to transform the world. Location: Seymour Center Theater, 2551 Homestead Rd. Chapel Hill, NC 27516 • Tuesday, February 2151, 10:30-12:00 p.m. Orange County Emergency Services (or Orange County EMS) and UNC Hospital is offering a hands only CPR class. Learn how to live heart healthy and some important CPR techniques. Location: Rogers Road Community Center, 101 Edgar St. Chapel Hill, NC 27516 • Thursday, February 23rd, Black History Tour, from 11:00 a.m. - 1:00 p.m. for the Roots & Soul: Walking with Pauli Murray tour provided by Whistle Stop Tours in Durham, NC. The Office of Equity & Inclusion is offering a co-learning experience to Orange County employees. This will be an opportunity to participate in a 90-minute traveling performance through the West End neighborhood, inspired by local history and the Rev. Dr. Pauli Murray's ancestors. There will be an opportunity to witness the Fitzgerald Family's determination for emancipation as remembered through the memories and writing of the Rev. Dr. Pauli Murray. Together, attendees will unpack personal memories and embody collective responsibility with one another. Bring your curiosities; move and create with others! 4 This tour is a collaboration between Whistle Stop Tours and the Pauli Murray Center for History and Social Justice and is offered by the Orange County Office of Equity & Inclusion. This opportunity is open only to Orange County employees. Slots are limited, so RSVP at https://form.iotform.com/230095861980159. Please feel free to reach out to equity orangecountync.gov should there be any questions or for assistance getting registered. • Sunday, February 26t", 3:00-5:00 p.m., Pauli Murray Awards, Description: The 33rd Annual Pauli Murray Awards aims to recognize local Orange County residents who exude many of the qualities that the late Rev. Dr. Pauli Murray dedicated her life advocating for, such as human rights, equality and leadership. Everyone is invited for some refreshments and live music. Location: Whitted Building, 300 W Tryon St, Hillsborough, NC 27278 • Monday, February 27t", 10:00 a.m.-1:00 p.m. Orange County Emergency Services (or Orange County EMS) and UNC Hospital is offering a hands only CPR class. Learn how to live heart healthy and some important CPR techniques. Location: Cedar Grove Community Center, 5800 NC HWY, NC-86, Hillsborough, NC 27278 Commissioners Hamilton, Portie-Ascott, and Richards took turns reading the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS BLACK HISTORY MONTH PROCLAMATION WHEREAS, Carter G. Woodson and other members of the Association for the Study of Negro Life and History initiated a celebration of African American achievements and contributions to American life in 1915 during the week in February that encompassed the birthdays of Abraham Lincoln and Frederick Douglas; and WHEREAS, President Gerald Ford expanded the observance to one month in 1976, urging Americans to "seize the opportunity to honor the too often neglected accomplishments of Black Americans in every area of endeavor throughout our history;" and WHEREAS, observance of Black History Month continues to provide opportunities for all Americans and residents of Orange County to gain an understanding of the many contributions made by Black Americans in science, technology, arts and culture, religion, economics - indeed to the fabric of our county and the nation; and WHEREAS, Orange County Black residents participated in the development and growth of Orange County from its formation and continue to do so today having persevered against enslavement, oppression, and discrimination, and shown resilience throughout the years by continuing to work toward an equitable and just society; and WHEREAS, each year the Association for the Study of African American Life and History sets a theme for Black History Month and the theme for 2023 is "Black Resistance;" and 5 WHEREAS, this year's theme encourages each of us to study the history Black American fortitude and commitment to establish a society where black life, like all humanity, can be fortified, honored, and respected; and WHEREAS, we honor the generations of Black organizers, leaders, and all who resisted and continue to resist inequities, systemic barriers, and deep Anti-Black bias, so that African Americans not only survive but thrive as they consistently pursue the American promise of life, liberty, and the pursuit of happiness; and WHEREAS; Orange County strives to uphold these ideals through an inclusive society where all can thrive and look to Black History as an American History, fueled by perseverance and hope for building a more equitable community; NOW, THEREFORE, we, the Board of County Commissioners of Orange County, do hereby proclaim February 2023 as "BLACK HISTORY MONTH" and encourage all residents to honor this occasion by learning more about the contributions of Black Americans in our Community and the World. This the 21st day of February 2023. Jamezetta Bedford, Chair Orange County Board of Commissioners Chair Bedford and Commissioner Fowler noted some of the upcoming events honoring Black History Month. A motion was made by Commissioner Richards, seconded by Commissioner Hamilton, to approve the proclamation and authorize the Chair to sign the Proclamation on behalf of the Board. VOTE: UNANIMOUS Nathalie Volkheimer of the Human Relations Commission took a photograph of the commissioners approving the proclamation. Commissioner Richards thanked the HRC and Dr. Fairbanks for their work on this. b. OWASA Annual Update Presentation The Board received a presentation and information from the Orange Water and Sewer Authority (OWASA) on recent activities. BACKGROUND: At the beginning of each calendar year, OWASA representatives appear before the Board of Commissioners to make a presentation on recent OWASA activities. OWASA Board Chair Bruce Boehm and Jody Eimers and Ray DuBose, Orange County appointees to the OWASA Board, will present the annual update. Jody Eimers introduced the item. She said that OWASA resumed standard collection practices and that service disconnections have resumed if they have a bill more than 60 days past due. She said that the OWASA team connected those delinquent with agencies providing funding assistance. She said that OWASA received allocations of ARPA funding from the Towns of Chapel Hill and Carrboro. She said OWASA participates in the Care to Share program which 6 helps those in need pay their water and sewer bills. She said they are reassessing the program to ensure it meets the needs of customers. Ray DuBose said OWASA was making progress on energy management. He said they recently built a new solar array at the Cane Creek Reservoir. He said that it will offset '/4 of electricity used to pump water from the reservoir. He said that the Orange County Climate Action Grant Program helped fund the solar array. He said an energy management update will be available in the spring. Bruce Boehm discussed the western intake partnership. He said Jordan Lake has a single intake of water that is operated by the Town of Cary. He said the western intake will provide redundancy and a direct connection to OWASA and is a partnership with the City of Durham, Town of Pittsboro and Chatham County. He said there was an open house in Chatham County on January 10 to allow the public to learn more about the project and about 50 people attended. He said they expressed appreciation for the opportunity to ask questions and provide feedback. He said that the partnership is in early stages and OWASA will continue to provide updates to the community. Commissioner Portie-Ascott asked about the temporary changes to drinking water and how OWASA notifies customers. Bruce Boehm said once a year OWASA makes changes to their treatment process. Commissioner Portie-Ascott asked how customers are notified. Todd Taylor, OWASA Executive Director, said they notify customers via email and in their bills. He said they try to coordinate with other water providers to make these changes at the same time. He said they are always ready to speak with customers on the issue. He said they've been following this process for a couple of decades. Commissioner Richards asked about new regulations for PFAS, lead and copper. Todd Taylor said there are new regulations coming out of the EPA. He said that lead and copper standards were revised and they are working with a consultant to get a plan together. He said when the regulations come out there will probably be a 3-5 year window to become compliant. Commissioner Hamilton asked about the impact of the changes on the OWASA budget and the cost to customers. Todd Taylor said they do not know this information yet, but there will be a lot of conversation when the new standards are released. Chair Bedford asked Nancy Coston, DSS Director, if there are any remaining funds to assist those that are behind on their water and sewer bills. Nancy Coston said there is about$100,000 left in the budget for the year. She said people can contact DSS for more information. Chair Bedford said Ray DuBose had been helping the Clerk to the Board's office with questions for the next application process. She said Ray DuBose would soon leave the OWASA board and thanked him for his service. Commissioner Richards thanked the OWASA board members and Todd Taylor for meeting with her to learn more about OWASA. 5. Public Hearings a. Unified Development Ordinance (UDO) Text Amendment — Neighborhood Information Meetings The Board held a public hearing, received the Planning Board and staff recommendations and public comment, closed the public hearing, and considered action on staff-initiated amendments to the Unified Development Ordinance (UDO) regarding proposed revisions to the current requirements for Neighborhood Information Meetings. 7 BACKGROUND: Neighborhood Information Meetings (NIMs) are a common requirement of Planning Departments throughout the state and country. NIMs are an opportunity for an "...applicant to initiate a conversation with the community members most directly affected by the proposed [action]..." (City of Raleigh). These meetings are a separate and distinct opportunity from the statutory obligations of a community to provide an applicant due process for a rezoning, major subdivision, special use permit, or similar action, as provided for by the Planning Board meeting and public hearing before either the Board of Adjustment (BOA) or the Board of County Commissioners (BOCC). NIMs are informal meetings with the community most affected by a proposed land use change. With the exception of publication of the meeting notice in a local paper of record, public notification requirements for an informal NIM are similar to that for the formal Planning Board meeting and BOA and BOCC public hearings. Orange County's requirement for a NIM for a special use permit (Section 2.7), conditional zoning (Section 2.9), and subdivisions (Section 2.14&2.15)are consistent with the requirements of North Carolina peer counties, including Chatham, Durham, and Mecklenburg. Orange County is inconsistent with these counties by having staff administer the public notification and host these informal meetings rather than the applicant. This practice has created confusion for the public regarding the respective roles of the applicant and staff at the NIM to request and represent a land use change; and to disclose the facts and the consistency of the application with Orange County's adopted ordinances and plans. Planning staff's role in the latter is detailed in both local and statutory language on the proceedings of the Planning Board, BOA, and BOCC in making land use determinations. Having staff present at a NIM can confuse this role, and places Planning staff in a central role at a meeting that should be a constructive discussion between the applicant and the affected community as to how a proposed project could be modified to respond to concerns before it is presented to an appointed or elected body of Orange County. Having staff administer all aspects of these meetings also places an additional task for an informal meeting upon staff that is, appropriately, the applicant's responsibility. The Planning Director is recommending amendment of the UDO Article 2, Sections 7, 9, 14, and 15 to: 1. Place the responsibility of scheduling a NIM upon the applicant; 2. Place the responsibility of property owner notification upon the applicant; 3. Establish a uniform property posting date of public notification sign of no less than 14 days prior to the NIM; and 4. Require the applicant to provide the Planning Department a recording and written report of the NIM at least 14 days prior to either the public meeting, public hearing, or administrative action, dependent upon the nature of the application. The Director's recommendation differs from that of the Planning Board (see below). The UDO text amendments reflecting this recommendation are found in Attachment 3. Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement with the Towns of Chapel Hill and Carrboro, the amendment package was sent to the Town planning staffs on August 30, 2022. To date, Orange County staff has not received any comments from the Towns. Planning Board Recommendation: At its December 7, 2022 meeting, the Board voted unanimously (9-0) to recommend approval of the Statement of Consistency presented by staff, and approval with specified changes of the UDO amendment package, with the following modification: 8 1. That a planning staff member attend NIM meetings, not to run them but to be there to clarify or answer questions. The Planning Board is empowered to make a recommendation with specified changes by Section 2.8.8(B) of the Orange County UDO. Attachment 2 contains the version of the amendments recommended by the Planning Board. And excerpt of the draft meeting minutes and the signed Statement of Consistency from this meeting are included in Attachment 4 and meeting materials are available at: https://www.orangecountync.qov/AgendaCenter/ViewFile/Agenda/ 12072022-1685 Prior to making its recommendation, the Planning Board had reviewed the materials in an "Ordinance Review Committee" meeting on October 5, 2022. Materials for this meeting are also available at: https://orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 10052022-1647 The Planning Director's recommendation differs from the Planning Board's recommended approval with specified changes, and reflects of the original draft of the proposed text amendment presented by the Planning Department. Having staff present at a NIM is counterproductive to the purpose of the meeting enabling an informal discussion between an applicant and the affected community; resolving the confusion regarding Planning staff's presence at the informal NIM and their administrative and professional role at a Planning Board meeting and/or BOA or BOCC public hearing; and to the dedication of county resources in supporting a NIM, which is, appropriately, an applicant responsibility. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the text amendments are reasonable and in the public interest, as contained in Attachment 1. 2. Amendments to the Unified Development Ordinance (UDO), as contained in Attachment 3. Cy Stober, Planning and Inspections Director, made the following presentation: Slide #1 ORANGE COUNTY NORTH CAROLINA UDO Text Amendment Neighborhood Information Meeting (NIM) Requirements Public Hearing Cy Stober, Planning & Inspections Director Tyler Sliger, Planner 11 9 Slide #2 What is a NIM? • An optional meeting Orange County requires • A required step for - Subdivisions - Conditional Zoning - Special Uses - Government Uses • Are opportunity for the public to understand the project being proposed and speak directly with someone about it — Currently Orange Co. Planning staff ORANGE COUNTY wk1FCf]I C_iROLINA Slide #3 What is a NIM? I. • A required step for �. several Planning applications/request - Subdivisions - Conditional Zoning - speoial Uses - Governmen I Uses ORANGE COUNTY "X)W"7I CAWMINA 10 Slide #4 What Is a 1 #I SP�c�llt� mr required step for several Planning applications/requests �U�dIVISI�II� Conditional Zoning — Government Uses � .f ORANGE COUNT' wk1FCf]I C_iROLINA Slide #5 What is a NIM? How are Neighbors Notified? ORANGE COUNT' NC]FC]-]I CAROLINA 11 Slide #6 What is a NIM How are Neighbors Notified? - Property Posted w3E, f'SnJaL[ 'f OAT.t19r-j-)1X2-"fj +a �' rFukE•NFG ' x. baia.�s.:ae ORANGE COUNTY wklFCf]I l_iRC}L[[ti14 Slide #7 What is a NIM? How are Neighbors Notified? - Letters Mailed to All Property Owners within 1000' ORANGE COUNTY .,X)Wn I CAROLINA 12 Slide #8 What is a NI 1` How are Neighbors Notified? - Meeting held prior to the next step (Planning Board, Board-o# Adjustment.staff approval) ORANGE COUNTY wk1FCf]I C_iROLINA Slide #9 Proposed changes n emphasis) ORANGE COUNTY NC]FC]-]I CAROLINA 13 Slide #10 Proposed changes in emphasis) • Sign posting — 14 fags prior to rneetin!q instead of 10 days ,r c an v4-iji ..v-F_-_.;., -: i- _ vim._ • Appiicanf will need to SUbmit a v.. report of wtiat Happened (e.g._ atteiidees, stinirnary of issues .. any changes to the plan) no less than nays prior to public (depending upon snns (Subdivisions) ORANGE COUNTY wk)FCf]I C_iROLINA Slide #11 Proposed changes n emphasis) • Applicant will schedule and host meeting ORANGE COUNTY NC]FC]-]I CAROLINA 14 Slide #12 Proposed changes in emphasis) • Applicant will need to submit a written report of what happened (e.g., list of attendees, summary of issues discussed, any changes to the plan) no less than 14 days prior to public meeting or staff action (depending upon request) ORANGE COUNTY wk1FCf]I C_iROLINA Slide #13 Proposed changes n emphasis) • Apivlicant will send notices and post NIM signs (Subdivisions) ORANGE COUNTY NC]FC]-]I CAROLINA 15 Slide #14 Why? • Staff currently schedules, hosts, and presents the project to the public ORANGE COUNTY wk1FCf]I C_iROLINA Slide #15 Why? Staff currently schedules, hosts, and presents the project to the public • This gives the public the impression that Orange County staff is endorsing the project ORANGE COUNTY NC]FC]-]I CAROLINA 16 Slide #16 Why? • Staff currently schedules, hosts, and presents the project to the public • This gives the public the impression that Orange County staff is endorsing the project • Particularly confusing regarding a staff recommendation of a project, which is a state-required and -informed analysis, not an emotional or even professional judgement of a project's character ORANGE COUNTY �k)ECn I C_iRULLNA Slide #17 Why? Staff currently schedules, hosts, and presents the project to the public This gives the public the impression that Orange County staff is endorsing the project Unusual for staff to take this role • Peers require applicants to schedule, notice, and host NIs ORANGE COUNTY h7C]LR3"71 C.iW_wLLNA 17 Slide #18 What is a N 111Ji' "-_-a war for the rezoning applicant to initiate a conversation with the community members most directly affected by the proposed rezoning." City of Raleigh ORANGE COUNTY wk1FCf]I C_iROLINA Cy Stober said this process also allows the applicant to negotiate with neighbors on the project. Slide #19 Orange County Land Use Change Notification • Planning Board, Board of Adjustment, BOCC meetings and hearings require public notification 1 0- 5 days prior; • Failings sent to all property owners within 1 000' of subject property • Property rs posted • Advertisement published in paper of record (public hearings only) 'Does not apply to Minor Subdivisions NCGS 1 0D-40 -602 & Orange Co. U DO Article 2, §§7-12 ORANGE COUNTY w WFI I CAROLINA 18 Slide #20 Orange Counter Land Use Change Notifications • Web Site Updates • Social Media Updates . - , • Orange County - ;-- Weekly Newsletter - ►: t _ _ • Cultivating Partnership �.--- ----- vwrith Community Relations for Continual Improvement ORANGE COUNTY wk1FCf]I C_iROLINA Slide #21 Staff Analysis & Recommendation • Planning Director recommends approval of the text amendrnentr as presented, to place the scheduling, noticing, and hosting a Neighborhood Information Meeting responsibilltles upon the applicant, as well as increasing the time window the meeting is held relative to the next action, and requiring a report and recording of the NIM. Planning Director recommends gpp oval of: — The Statement of consistency that the amendments are reasonable,in the publlo tnterest, and serve Land Use Goal 5 (Attachment i); and The proposed ordinance to amend UDO Article 2_%7, 9. 14,& 15 (Attachment 3). _-ta=_ ORANGE COUNTY .,X)W]I CAROLINA 19 Slide #22 Planning Board Recommendation • Planning Board Ordinance Review Committee reviewed proposed amendment at its October 5. 2022 meeting. • Planning Beard reviewed proposed amendment at Its December 7, 2022 regWar m-eeting Voted 9-0 to recommend approval of the text amendment vw ith specifiers changes: "That a planning staff member attend NIM meetings, not to run them but to be there to clarify or answer questions," ORANGE COUNTY wk1FCf]I C_iROLINA Slide #23 Planning Board Recommendation • Planning Board reviewed proposed amendment at its December 7, 2022 regular meeting — Voted 9-0 to recommend approval of the text amendment with specified changes: "That a planning staff member attend NIM meetings, not to run them but to be there to clarify or answer questions" • This change is reflected in Attachment 2 with the following; "The Orange Counter Planning Department shall have a representative attend and observe the meeting," ORANGE COUNTY NC]R-]I CAROLINA 20 Slide #24 Recommendation for Tonight The Manager recommends the Board: 1. Conduct the publir; hewing and accept the Planning Boardistaff recommendatioris and public comment; • Ilubllc.hearing was advertised as required by State and local laws 2- CIose the public hearing; 3- DelibeFate as desired; and ORANGE COUNTY wk1FCf]I C_iROLINA Slide #25 Recommendation for Tonight The Manager recommends the Board: 4. Vote to approve the Statement of Consistenoy (At#achment 1) and Ordinance Amending the Unified Development Ordinance, as Recommended by the Planning (Attachment 2)- OR Vote to approve the Statement of Consistency (Attachment 1) and Ordinance Amending the Unified Development Ordinance, as Recommended by the Planning Director (Attachment 3). OR Vote to deny the staff-initiated tent amendment, due to a suited reason that the request is inconsistent with the goals and objectives of the Orange County Comprehlwvj�&NTY wX)R I I CAW.)LINA 21 Slide #26 Questions from Commissioners Public Comments ORANGE COUNTY wk]RT71 CAROLINA Commissioner Fowler asked if"optional" on the first slide was referring to the state. Cy Stober said yes. Vice-Chair McKee asked the role of the staff at the NIM. Cy Stober said the current practice is for the staff to welcome the public, present a PowerPoint, show site plans, present findings of fact, discuss consistency with adopted plans, describe the location of project as it relates to zoning districts and then the next steps of the process. He said they essentially present the project to the public. Vice-Chair McKee asked if this NIM is put in place, what the role of staff would be. Cy Stober said there would not be a staff role. Vice-Chair McKee said maybe he misunderstood but he thought the recommendation was for staff to be there. Cy Stober said staff would be there but in an observatory role because the developer would be the one presenting the project to the public. Staff would only be there to answer any questions that the developer may not be able to. Commissioner Richards clarified that the NIM is optional under General Statute, but required by Orange County UDO. She said it's the first step, then there is a public hearing. She said the public would have the opportunity to hear from staff during the public hearing. She said that it would also require that the applicant provide a record of the NIM. She asked what that would look like. Cy Stober said it is the first public step of the process. He said county staff would have reviewed the project at this time. That includes, planning staff, the environmental department, the NCDOT, the Fire Marshall. He said there are multiple county departments and state agencies before it advances to a NIM. He said that rezoning requests would then go to a Planning Board hearing, then to a BOCC public hearing. He said that in some cases, it would go to a Board of Adjustment public hearing. He said as advised by the County Attorney's office, the recording definition was left unspecified to allow the applicant to provide a record and they are required to provide a written report. 22 Chair Bedford asked if a transcript should be provided by an independent company. She said that a transcript seems that it would not be as accurate as a recording. She asked if it is prescribed in the UDO what a transcript might look like. Cy Stober said it is not. He read from the UDO what is required in the transcript. He said staff can find that a transcript is insufficient, based on the recording. Chair Bedford asked if staff would be required to review the recording. Cy Stober said that is the intention, although it is not reflected in the text. Commissioner Greene made a motion to open the public hearing, seconded by Commissioner Fowler. VOTE: UNANIMOUS There was no one signed up to speak for the public hearing. Vice-Chair McKee made a motion to close the public hearing, seconded by Commissioner Hamilton. VOTE: UNANIMOUS Commissioner Hamilton thanks staff for bringing this forward. She said that it makes sense that the developer would be charged with presenting this to the community. She said that she leans toward having a staff person there. She said trust in government and developers is slim. She said having staff there means someone can observe the whole environment. She said there may be parts of the NIM that aren't captured by the recording. Vice-Chair McKee said it allows staff to serve as eyes and ears to ensure oversight of the process. Commissioner Greene said there is some benefit of not having anyone from the county there. She said either amendment would be better than the status quo, but her preference is the Planning Director's recommendation. Commissioner Portie-Ascott asked if there were instances of meetings being contentious and if staff knows how to handle those situations. She asked if it would put staff in an awkward situation. Bonnie Hammersley said this issue was one of the issues she discussed with Cy Stober when he was hired. She said it has been a big problem. She said there was a public perception that the county was running the meeting and was in favor of the project. She said for people unfamiliar with county government, the role of staff, even in an observational capacity, make it confusing for the public because it is the developer that is running the meeting. She said the NIM is to inform the neighborhood about the project. She said there are many instances where staff will be available to the public to answer questions. She said that planning staff were demonized by some unpopular projects, because they were presenting projects and running the NIMs. She said negative comments were directed at certain people. She said it gets political when there's a misunderstanding. She said that her role is to insulate staff from politics and it gets political when there is a misunderstanding of the role that staff is playing. Commissioner Richards said it is interesting other municipalities don't have staff present. She said it is a responsibility for the developer to engage with neighbors. She said that it may free staff to do more value added discussions with the developer. She said it should be seen as an opportunity for the developer. She said the Bucee's proposal stands out in her mind and how staff got hammered by the community. 23 Commissioner Fowler agreed with putting the onus of the meeting on the developer. She said it may be nice to have staff there because the community does have a lot of questions. She said if they didn't do that, she would like for the definition of recording to be defined more clearly. John Roberts, County Attorney, said he does not think of a recording as a transcript. He said he thinks it would be audio or video. He said it could be specified as audio or video. Chair Bedford said with the definition of recording as audio or visual, she is comfortable with staff not being present to take questions. She said staff should not be in the role of maintaining security. She said with an audio or video recording, there should not be a need for staff to observe. Commissioner Greene thanked the County Manager for the explanation of the past history. She said she feels strongly that the director's recommendation is the way to go. Chair Bedford asked if she was ok with the change to audio and visual. Commissioner Greene said yes, but she was more concerned with making this a meeting between the developer and the neighbors. Vice-Chair McKee said at NIMs, sometimes there are ideas or opinions on what the UDO says. He said without staff there he does not see how something could be conveyed by the developer that is not consistent with the UDO. He said the public may not understand. He said that he feels the proper route is to approve the Planning Board's recommendation. Commissioner Hamilton thanked the County Manager for her comments. She said she thinks that staff not presenting would make it clear they are not proponents. She said that it should be there as observing only. She said she was involved in the Bucee's experience. She said it was very confusing about what the project was and what they were doing. She said there are so many issues around development the people don't have a sense of. She said that she also worries about not having oversight. She said if it's not working, it could be reviewed again. Commissioner Fowler said it could potentially keep the developer a little more honest. Commissioner Portie-Ascott asked if developers could have a second meeting with the community if they are not familiar with the UDO. She said she did not want to operate from a position of distrust with developers. Chair Bedford said in her experience developers know the UDO and have a strong legal team. A motion was made by Vice-Chair McKee to approve the Statement of Approval and Consistency (Attachment 1) and Planning Board-recommended UDO Amendments (Attachment 2). Commissioner Hamilton seconded the motion. VOTE: Ayes, 3 (Vice-Chair McKee, Commissioner Fowler, and Commissioner Hamilton); Nays, 4 (Chair Bedford, Commissioner Greene, Commissioner Richards, and Commissioner Portie-Ascott) MOTION FAILS A motion was made by Commissioner Greene the Statement of Approval and Consistency (Attachment 1) and Planning Director-recommended UDO Amendments (Attachment 3) with the additional language suggested by the County Attorney to specify immediately after the word "recording," either parenthetically or separated by a comma, either "audio or "audio/video." Commissioner Richards seconded the motion. VOTE: Ayes, 5 (Chair Bedford, Commissioner Greene, Commissioner Fowler, Commissioner Richards, and Commissioner Portie-Ascott); Nays, 2 (Vice-Chair McKee and Commissioner Hamilton); 24 MOTION PASSES 6. Regular Agenda a. End of Food and Nutrition Pandemic Emergency Allocations and Unwinding of the Public Health Emergency Declaration and Approval of Budget Amendment#6-A The Board received an update regarding the impacts of the Public Health Emergency (PHE) unwinding and reduction of Food and Nutrition Services (FNS) benefits due to the end of emergency allocations, and approved time-limited staff positions and funds to assist recipients affected by this change through Budget Amendment#6-A. BACKGROUND: The PHE declaration will officially end on May 11, 2023. This will have several impacts on clients and the workload of the Department of Social Services (DSS). Effective March 1, 2023, the emergency allocations provided through Food and Nutrition Services (FNS) will end. Households that have been receiving extra FNS benefits (called "emergency allotments") each month since March 2020 or after will see a reduction in benefits because of a federal change that ends emergency allotments for all states. As part of the COVID-19 public health emergency, families enrolled in the FNS program in North Carolina have been receiving at least$95 extra per month since March 2020 through emergency allotments. With the end of emergency allotments, the average FNS benefit per person per day will decrease from $8.12 to $5.45. These emergency allotments have been critical in helping families compensate for financial and economic hardships due to COVID-19. Since March 2020, an average of 6,000 Orange County households received FNS emergency allotments, giving more families access to nutritious meals that support healthy and productive lives, and bringing approximately $1.3 million federal dollars each month into the local economy. Effective March 2023, FNS benefits will go back to regular monthly benefit amounts issued prior to the pandemic. Beneficiaries will continue to receive regular monthly benefit amounts in March 2023 based on a person's or household's current eligibility, income, household size and other federal eligibility requirements. The Department of Social Services anticipates some recipients will not initially understand this change and may need assistance during the transition. Staff has developed plans for outreach to the current recipients and to local human service and food providers in the community. Many families are still struggling to pay for basic needs and the community will need to help with this change. The Department proposes to utilize $125,000 of funds from the Social Justice Reserve Fund to provide emergency food at agency sites and to increase the support to food pantries in the County. A balance of$12,696 would remain in the Social Justice Reserve Fund with approval of this allocation. In addition to the FNS allotment changes, all pre-pandemic rules for eligibility in all program areas will be reinstated over the next twelve to eighteen months. This includes Medicaid, which will require the evaluation of approximately 22,000 cases over the next year and a half. The volume of work for staff will increase significantly as these changes occur. 25 To manage these tasks and additional work, the department proposes to add three (3) additional time-limited staff positions and to extend two (2) existing time-limited positions through June 30, 2024. These would be funded with current salary attrition, and would not require additional funding. Nancy Coston and DSS Human Services Manager Lindsey Shewmaker made the following presentation: Slide #1 ORANGE COUNTY NORTH CAROLINA End of Food and Nutrition Pandemic Emergency Allocations and Unwinding of the Public Health Emergency Declaration BOCC Meeting February 21 , 2023 Slide #2 Purpose and Request • This presentation will give an overview of the impacts of the Public Health Emergency (PHE) unwinding on Social Services and the related reduction of Food and Nutrition Services (FNS) benefits. As a result, Social Services is requesting the following from the County to manage these impacts; - Authorize three additional time-limited positions in OSS through June 30.2024; — Extend two existing time-limited positions in DSS through June 30,2024,and — Transfer$125,000 from the Social Justice Reserve Fund to the Departmentof Social services to provide food to Food and Nutrition Services rec i pients du ring the tra nsition from pamiemip ORANGE COUNTY z emergency allocations_ r309m i CATU r.rNA Nancy Coston said the request is to help assess the impact of the end of these funds on families. 26 Slide #3 Background and Content • In January, 2023 Orange County had 6,117 households recehAng Food and Nutrition Services (FNS) and 22,114 individuals receiving Medicaid. Average Medicaid FNS Case Average Enrolment t 201&24192a19,h720202],OMD21-2M2022-2023 201d,2a192d1 9-20 20 27 20,2D272a2i_2U22aN-2D23 eAmane Me3md Enrelmertl .FNS Case AaaraM ORAN-GE C0UNTf 3 wk]FCFI I C_iROLINA Lindsey Shewmaker said Medicaid cases have steadily increased. She said FNS cases dipped as counties reassessed FNS recipients. Slide #4 Public Health Emergency Unwinding • The Federal Public Health Emergency (PHF) dei:laration will end on May 11, 2021 This will undo many of the pandemic-era rules (and end waivers) in public assistance programs administered by the Department of Social Services. Most of these rules and waivers created easier access to benefits and allowed more people to become eligible and maintain eligibility over the last three years. • Ending these pandemic waivers and reverting back to pre-pandemic rules will cause many Orange County residents to lose benefits. ORANGE COUNTY 4 wk1FM I CAROLINA 27 Slide #5 End of Food and Nutrition Services Supplemental Benefits: Overview • Effective March 1 , 2023, the emergency allocations provided through Food and Nutrition Services (FNS) will end. F All households will see a reduction in benefits because of a federal change that ends emergency allotments for all states, • Effective March 2023, FNS benefits will go back to regular monthly benefit amounts issued prior to the pandemic. Beneficiaries will continue to receive regular monthly benefit amounts in March 2023 based on a person's or household's current eligibility, income, household size and other federal eligibility requirts. GRANGE COUNTY 5 wk1FCf]I C_ ROLLNA Slide #6 End of Food and Nutrition Services Supplemental Benefits: Impact • Families enrolled in the FNS program in North Carolina have been receiving at least $95 extra per month since March 2020 through emergency allotments. r With the end of emergency allotments, the average FN benefit per person per day will decrease from $8,12 to $5.4 . • This change impacts appro imately 6,100 Orange Counter households. • There will be a $1 .3 million loss of benefits monthly to Orange County households. ORANGE COUNTY d NC]R-71 CARLX-LNA 28 Slide #7 End of Food and Nutrition Services Supplemental Benefits: Impact Examples . . Federal Currentm Poverty acneflt Level �130%) Amount Im 1 $14,500 0 81 (T 58) 4 �3c,0a0 $939ui (sss) ($395) 6 $40,284 $1,434 85 year old adult with Social Security income of$1285Imonth would now receive $23 in benefits. 42 year old mother with three children making S15.50tour in a full- lime job would now receive$544 in benefits. Two parent family with fiour children and one minimum wage (S 1.160lmonth)job would new receive $1,339 in benefits _ ORANGE COUNTY ] wRIFCf]I C_iROLINA Slide #8 End of Food and Nutrition Services Supplemental Benefits: Planning • Social Services is convening a meeting on February 22, 2023 of Orange County government and non-profit agencies who provide food support to local families. r With State partners, Social Services will attend a Food Security Summit on March 2nr and '� to facilitate planning with regional partners. • Social Services is requesting $125,000 in serial justice funds to buy food, food cards, and support local non- profits to ease the transition for families ORANGE COUNTY 3 NOR-n I CAROLINA Lindsey Shewmaker said as supplemental benefits end, they expect many families to turn to non-profits for assistance. 29 Slide #9 North Carolina's C VlD Waivers and Policy Changes • In addition to the ending of emergency FNS allocations, there are other waivers and program requirements ending that will have impacts on eligibility for families and workload for staff. During the PHE most clients received continuous Medicaid coverage regardless of changes in household income or other factors that normally impiact eligibility. • The FNS program implemented several waivers designed to make applying easier and extended eligibility to college students, people with certain types of felony convictions, and able-bodied adults without dependents who were not working ORANGE COUNTY 9 wk1FCf]I C_iROLINA Slide #10 North Carolina Medicaid Continuous Coverage Unwinding • The 2023 Consolidated Appropriations Act (Omnibus Bill) decoupled the continuous coverage requirement from the Federal Public Health Emergency, The process to begin terminating Medicaid cases will start April 1, 2023. Due to the 90 day renewal process in North Carolina, the first termination will be effective ,duly 1 , 2023 with some exceptions. All 22,000+ Medicaid cases in orange County wiII need to be evaluated for ongoing eligibiIity by M ay 31 r 2024, Many clients will lose eligibility during this process. Clients receiving Medicaid for Govid Testing (MCV) will lose coverage when the public Health EmergencV_ends. C}RAN E COUNTY 10 SUR-n I C. WMENA 30 Slide #11 Barth Carolina's COVID FfS Waivers Ending Efigi (Al I end March 31, 2023) + Pandemic-caused overlssuance - Extend certirpcatlon perlods up to waiver 6 months + Able-Bodked Adults without + Warve elig Ihil I Interview it all Dependents(ABAWD) waiver mandatary ver flcations are (EnilsJune 30. 2023) completed • College student waNer (Ends + Telephonic signature June 11. 2023) • 9uspensionof claims activity • HUI drug felon walaer (Ends June . Waiver of fatr hearng t,me rrames 30.2023) • Extension of administrative disqualification hearing(ADH) timeframes ORANGE COUNTY wkJFCf]I t=iRGLIhA Slide #12 Barth Carolina's COVID F S Waivers Ending Elligi (Al I end March 31, 2023) • Pandemle-caused overlesuante * Extend certhkatlon periods upato waiver 6 months + Able-Bodred Adults without + Waive etig IN it Interview it all Dependents(ABAWD) waiver mandatoryverlfleaMns are (Ends June 30. 2023) completed + College student waNer (Ends + Telephonic signature June 11. 2023) • 49uspensi�onof claims activity • HUI drug felon walaer (Ends June . WaNer of fair heanng time frames 30,2023) • Extension of administrative disqualification hearing(ADH) Urneframes - RANGE COUNTY a)R-]I CAROLINA Commissioner Richards asked about the timing of the ending of supplemental benefits. Nancy Coston said the public health emergency officially ends in May 2023. She said that counties have a year to unwind benefits. She said that the allotments ended in December 2022. 31 Commissioner Richards said that the farm bill has cause for concern because they could separate SNAP and those services from the farm bill. She asked if Nancy Coston has insight into that. Nancy Coston said they expect Congress to enforce work requirements again. She said employment waivers will end. She said some people have had wages go up, but it has been an uneven recovery. She said the concern with changing rules is who gets left out, or who does not understand the rules. Commissioner Richards asked if there are efforts to analyze all of the benefits and how the community might approach this. Nancy Coston said the supplemental funds during the pandemic also exposed a lot of the problems that already existed. She said there are a lot of questions, but they do not know the answer. She said it is a $1.3 million a month loss just in food and nutrition. She said there was emergency help for water payments, and electricity. She said all of those things are going away. She said that if Medicaid expansion happens, some who will lose benefits will be in that group, and they might get the help through this. Commissioner Hamilton asked about the eligibility impacts. She asked if there are any estimates of how many people in Orange County were getting benefits based on those waivers. Lindsey Shewmaker said pre-pandemic, they were at 4,800 cases and over 1,000 households. Commissioner Hamilton asked about the breakdown of the waivers to consider the programs that other institutions might have to support that individual. Lindsey Shewmaker said she would look into it for the Board. A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to approve Budget Amendment#6-A: 1) authorizing three additional time-limited positions in DSS through June 30, 2024; 2) extending two existing time-limited positions in DSS through June 30, 2024; and 3) transferring $125,000 from the Social Justice Reserve Fund to the Department of Social Services to provide food to Food and Nutrition Services recipients during the transition from pandemic emergency allocations. VOTE: UNANIMOUS Commissioner Greene said she thought this was an appropriate use of social justice funds. Nancy Coston said that as they get data they will bring it back to the Board. Vice-Chair McKee asked the County Manager if the Board can replenish funds in the social justice fund in future budgets. Bonnie Hammersley said yes, it is a base budget amount each year. b. Approval of Police and Mental Health Collaborations for Diversion Programs Grant Staff Positions and Budget Amendment#6-B The Board approved two new staff positions funded by the Police and Mental Health Collaborations for Diversion Programs Grant, and approve Budget Amendment#6-B. BACKGROUND: The Orange County Criminal Justice Resource Department (CJRD) was awarded a grant in the amount of$1,193,745 on November 28, 2022 by the N.C. Department of Health and Human Services, Division of Mental Health, Developmental Disabilities and Substance Abuse Services. The contract for the grant, entitled Police and Mental Health Collaborations for Diversion Programs, was fully executed on February 2, 2023. The grant runs from January 2023 to September 30, 2025. 32 The grant provides for the creation of a Community Care and Diversion Response (CCDR) team coordinated by the CJRD that will enhance law enforcement diversion and collaboration for individuals with serious mental illness. The grant funds immediately provide for a 1.000 FTE position in the CJRD to serve as the Mental Health Diversion Coordinator. Additionally, the grant funds four (4) social worker positions that will operate in each of the major law enforcement agencies in Orange County: the Orange County Sheriff's Office, the Chapel Hill Police Department, the Hillsborough Police Department and the Carrboro Police Department. Finally, this grant will fund two (2) therapeutic positions that will work at Chapel Hill's Freedom House Recovery Center—a mental health clinician and a peer support specialist. These positions will be hired and managed by the independent agencies. Approval of this request will authorize 2.000 County FTE's, time-limited until September 2025 — a 1.000 FTE Mental Health Diversion Coordinator in the CJRD starting this fiscal year, and a 1.000 FTE Social Worker in the Orange County Sheriff's Office to start in the next fiscal year. The purpose of the CCDR team is to increase and expand pre-arrest and post-charge diversion opportunities, clinical care, peer support and person-centered case management for individuals with serious mental health issues. The grant will formalize another collaboration between law enforcement agencies, the CJRD and Freedom House that will serve individuals at risk of criminal legal system involvement. The CCDR team will focus specifically on diverting the growing population of individuals with serious mental illness and co-occurring disorders from arrest and incarceration. The CJRD Coordinator will provide supervision to the social workers embedded in the agencies and training on trauma-informed mental health interventions to the law enforcement agencies. This coordinated and collaborative team approach between clinicians, social workers, peer support and law enforcement officers will ensure greater awareness, communication and consistency in the law enforcement and treatment response to individuals with serious mental health issues who frequently interact with our law enforcement agencies, courts and behavioral health care systems. Approval creates the following grant ordinance in the Multi-Year Grant Fund, outside of the General Fund: Police and Mental Health Collaboration ($1,193,745) - Project# 71378 Revenues for this project: Current FY 2022-23 FY 2022-23 FY 2022-23 Amendment Revised Grant Revenue $0 $1,193,745 $1,193,745 Total Project Funding $0 $1,193,745 $1,193,745 Appropriated for this project: Current FY 2022-23 FY 2022-23 FY 2022-23 Amendment Revised Grant Expenditures $0 $1,193,745 $1,193,745 Total Costs $0 $1,193,745 $1,193,745 Caitlin Fenhagen, Director of the Criminal Justice Resource Department, introduced the item. She reviewed the background material from the agenda. She said this does not replace 33 the need for a mobile crisis unit to respond in lieu of law enforcement. She said many 911 calls could be addressed. She said they are different programs, but critical in Orange County. Commissioner Fowler asked for the number of justice involved people with mental health issues. Caitlin Fenhagen said the self-reported number in the jail is 50%. She said it is probably closer to 75%. Commissioner Fowler asked if all officers have received CIT training. Caitlin Fenhagen said the training is offered by Alliance. She said they do this several times a year. Chair Bedford said school resource officers are a priority. Commissioner Fowler said she likes the ideas of social workers. She said she was in support of the item. Vice-Chair McKee clarified that it would be one person from each agency and not four. He said it was a great leap forward. He said he hopes they will learn a lot during the grant phase. Caitlin Fenhagen said law enforcement is supportive because they understand the danger to their patrol officers going on calls that may not be as trained on how to respond to a mental health problem. She said that they certainly don't have warm handoff opportunities during certain times of the day. She said hopefully it would get officers more time to do the work that they need to be doing and focusing on more serious crimes. Vice-Chair McKee said he sees the benefit of having people trained to recognize a mental health crisis event and be able to take a step back. Commissioner Hamilton said as a social worker it's really nice to have positions so social workers have a group to support each other, because it is extremely hard work. She said it is only one social worker for each entity so it is also important to have officers trained. Caitlin Fenhagen said this is not a substitute of a 24/7 mobile crisis team. She said that the hours might be slightly different because the majority of calls from 7 to 11 pm. Commissioner Hamilton said she looked forward to the data for the program. Caitlin Fenhagen said the data recording for the program is very specific. Commissioner Portie-Ascott asked if 75% of people in the criminal justice system also have a mental health illness. Caitlin Fenhagen said it is closer to 50% with 47% of the jail inmates self-reporting. She said it might be closer to 75% in the detention facility having a diagnosed or undiagnosed mental health illness. Commissioner Portie-Ascott asked how many have substance abuse issues. Caitlin Fenhagen said around 70% of the people in the jail have a self-reported substance abuse issue. Commissioner Portie-Ascott asked about marijuana treatment restriction in the grant program and how that might restrict services. Caitlin Fenhagen said the grant will allow anyone that has a cooccurring disorder with a mental illness will be treated. She said if marijuana is the sole substance, there is very little success. Chair Bedford said it would be great if a social worker or the clinical person at Freedom House could be bilingual. Caitlin Fenhagen said the clinician hired in the Lantern Project is Latinx and bilingual. She said that because of restrictions at Freedom House, there are not a lot of people in the Latino population being served. She said they also hired a bilingual person in the office who will be a part time grant management employee. A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to: 34 1) approve two new grant-funded, time-limited positions of Mental Health Diversion Coordinator in the Criminal Justice Resource Department for this fiscal year and a Social Worker position in the Sheriff's Office for FY 2023-24; and 2) approve Budget Amendment#6-B. VOTE: UNANIMOUS c. BOCC Boards and Commissions Assignments The Board selected the boards and commissions on which Board members would like to serve during the remainder of 2023. BACKGROUND: BOCC members serve on various County and County-related boards and commissions. On an annual basis, BOCC members indicate their desire to continue serving on specific boards or commissions or their desire to make changes. Tara May, Deputy Clerk to the Board, introduced the item. She reviewed the background materials from the agenda. She read an email from Steve Brantley sent to the Board earlier in the day regarding the Research Triangle Regional Partnership - Executive Board. She said the Small Business Loan program had been dissolved and removed from the list of boards and commissions. Commissioner Fowler asked for clarification on the ABC Board term. Tara May said the appointment was for a two year term. Commissioner Hamilton clarified that there are two commissioner positions on the Capital Needs Task Force, one of which is vacant. Chair Bedford discussed the Burlington Graham MPO meeting structure. She said that TARPO and Burlington Graham MPO are really good ways to learn about transit. Commissioner Fowler said that TARPO has a virtual meeting option. Chair Bedford said that GoTriangle and Durham Tech positions would normally be saved, but because they were previously held by former Commissioner Renee Price, their temporary assignments cannot be saved. The Board made the following selections for boards and commissions: Board Name 2023 BOCC Member ABC Board Commissioner Fowler Alliance Health Board of Directors Commissioner Hamilton Board of Health Commissioner Bedford Board of Social Services Commissioner Bedford Burlington/Graham MPO Transportation Advisory Commissioner Richards-Member Committee Commissioner Fowler-Alternate Cooperative Extension Leadership Council Commissioner Fowler Durham- Chapel Hill — Carrboro Metropolitan Planning Commissioner Bedford-Member Organization Board Commissioner Greene-Alternate Durham Tech Board of Trustees Commissioner McKee Family Success Alliance Advisory Council Commissioner Richards Fire Chief's Association of Orange County Commissioner Bedford Go Triangle Board of Trustees Commissioner Greene 35 Commissioner McKee Go Triangle Special Tax Board Commissioner Fowler Go Triangle Transit Advisory Committee Commissioner Hamilton Healthy Carolinians Commissioner Bedford Commissioner Fowler-Member Intergovernmental Parks Work Group Commissioner Hamilton-Alternate JCPC (Orange County Juvenile Crime Prevention Council) Commissioner Portie-Ascott Commissioner Richards Justice Advisory Council Commissioner Fowler Commissioner Bedford Legislative Issues Work Group (LIWG) Commissioner Portie-Ascott North/South Bus Rapid Transit (N/S BRT) policy committee Commissioner Portie-Ascott Orange County Behavioral Health Work Group Commissioner Richards Orange County Local Government Affordable Housing Collaborative Commissioner Portie-Ascott Orange County Partnership for Young Children Commissioner Richards Orange County Partnership to End Homelessness Commissioner Greene Piedmont Food Processing Center Commissioner Greene Research Triangle Regional Partnership Executive Board Commissioner Portie-Ascott Commissioner McKee Solid Waste Advisory Group (SWAG) Commissioner Fowler Commissioner Hamilton Strategic Communications Work Group Commissioner McKee The Chamber For a Greater Chapel Hill-Carrboro Board of Directors Commissioner Richards Commissioner Portie-Ascott- Triangle Area Rural Planning Organization (TARPO) Member Transportation Advisory Committee Commissioner Richards-Alternate Commissioner McKee-Member Triangle J. Council of Governments TJCOG Commissioner Hamilton-Alternate Commissioner Greene-member Upper Neuse River Basin Association Commissioner Bedford-alternate Visitor's Bureau Advisory Board Commissioner McKee Other Active Task Forces/Work Groups For Reference Capital Needs Work Group Commissioner Hamilton Library Services Task Force Commissioner Fowler Commissioner Hamilton Orange County Schools Safety Task Force Commissioner McKee NOTE: The Chair of the Board of County Commissioners serves as an ex-officio member of the Hillsborough Historic Commission A motion was made by Vice-Chair McKee to approve the assignments for BOCC boards and commissions. Commissioner Hamilton seconded the motion. VOTE: UNANIMOUS 36 7. Reports None. 8. Consent Agenda • Removal of Any Items from Consent Agenda Chair Bedford requested to remove item 8-c from the consent agenda. • Approval of Remaining Consent Agenda A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to approve the remaining consent agenda. VOTE: UNANIMOUS Commissioner Greene said that in reference to item 8-c, she was asked by Jessica Perrin, who works with the Soil and Water Conservation district, if farmers were able to apply for the county's climate action grants. She said that she reviewed the Climate Action Grant language criteria and that farmers are not excluded but she does not know if there is a lot of outreach to them. She said that it is an opportune time and that Solarize Triangle should also reach out to farming community. Bonnie Hammersley said Amy Eckberg would work on that for both issues. A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to approve item 8-c. VOTE: UNANIMOUS a. Minutes The Board approved the draft minutes for the January 17, 2023 BOCC Meeting as submitted by the Clerk to the Board. b. Approval of the Purchase of Land Records Computer Assisted Mass Appraisal (CAMA) Software The Board approved the purchase of Land Records Computer Assisted Mass Appraisal (CAMA) software from Farragut Systems, Inc. c. Fiscal Year 2022-23 Budget Amendment #6 The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year 2022-23. d. Durham & Orange Transit Plan Governance Study — Interlocal Agreement Between Orange County, Durham-Chapel Hill-Carrboro Metropolitan Planning Organization, and Research Triangle Regional Public Transportation Authority The Board adopted the revised Orange County Transit Plan Interlocal Agreement (ILA). e. North Carolina Local Government Commission Contract Amendment#2 The Board amended the contract with the North Carolina Local Government Commission (LGC) for the County's audit to modify of the audit fee to reflect additional audit hours required to complete the audit and the Local Government Employer Retirement System (LGERS) examination. f. Proposed Revisions to the Wild and Dangerous Animal Provisions in the Orange County Unified Animal Control Ordinance 37 The Board presented for second reading proposed revisions and changes to the Wild and Dangerous Animal provisions in the Orange County Unified Animal Control Ordinance, and adopt the attached resolution approving the revisions. g. Amendment to the Code of Ordinances— Emergency Proclamations The Board presented changes to Chapter 14(Emergency Management and Emergency Services) of the Code of Ordinances for second reading and adopt the attached resolution approving the revisions. h. Letter of Support for Chapel Hill's Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Application The Board approved a letter of support for the Town of Chapel Hill's Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant application. This item was added at the beginning of the meeting. 9. County Manager's Report Bonnie Hammersley said the retreat was on February 24th at the Solid Waste Management Facility. She described the agenda for the retreat. She said on February 27th the Board would be back at Solid Waste Management Facility for the legislative breakfast. 10. County Attorney's Report John Roberts said three departments responded to his request for any statewide legislation that the Board might support. He said that he will send that out in the morning so they can have it in advance of the legislative breakfast next week. He welcomed Commissioner Portie- Ascott to the Board. Vice-Chair McKee said he was going to send a letter in regard to White Cross Fire Department for the purchase of certain capital items, as required by law. He read the letter: To whom it may concern, I, Earl T McKee, attended a Board of Directors meeting of the White Cross Volunteer Fire Department on February 2, 2023 in my official role as a County Commissioner in Orange County, North Carolina. The purpose of my attendance at this meeting was to ensure compliance with the Federal Law governing certain capital purchases by local governing entities including Volunteer Fire Departments. The following prescribed actions were followed by this VFD - a meeting was called on a date certain, February 2, 2023 - notice of this meeting was provided to the public by publication in the local newspaper, the posting of said printed notice on the front door of the fire station prior to the meeting and on the website - a copy of the contract was made available for public viewing - this certification that I witnessed the resolution authorizing the execution and issuance by the VFD of a lease purchase financing contract to acquire SCBA equipment for an amount not to exceed $325,000.00 Earl T. McKee Commissioner, District 2 Orange County, North Carolina Vice-Chair McKee said he would be unable to attend the legislative breakfast on February 27th due to work commitments. Commissioner Fowler said she would also be unable to attend the legislative breakfast. 38 11. *Appointments None. 12. Information Items • February 7, 2023 BOCC Meeting Follow-up Actions List • Memorandum —Annual Report of the Community Child Protection Team (CCPT) • Memorandum — Perry Hills Mini-Park - Project Progress Update • Memorandum — Financial Report - Second Quarter FY 2022-23 13. Closed Session None. 14. Adjournment A motion was made by Vice-Chair McKee and seconded by Commissioner Hamilton to adjourn the meeting at 9:45 p.m. VOTE: UNANIMOUS Jamezetta Bedford, Chair Laura Jensen Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.