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HomeMy WebLinkAboutMinutes 03-21-2024 - Legislative Breakfast 1 APPROVED 5/7/24 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS LEGISLATIVE BREAKFAST March 21, 2024 8:30 a.m. The Orange County Board of Commissioners met for a breakfast meeting with the Orange County Legislative Delegation on Thursday, March 21, 2024 at 8:30 a.m. at the Whitted Human Services Center in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice-Chair Sally Greene, and Commissioners Amy Fowler, Jean Hamilton, Earl McKee, Phyllis Portie-Ascott, and Anna Richards COUNTY COMMISSIONERS ABSENT: None. COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, Clerk to the Board Laura Jensen, and Assistant to Manager for Legislative Affairs Greg Wilder (All other staff members will be identified appropriately below) LEGISLATIVE DELEGATION PRESENT: Senator Graig Meyer and Representative Renee Price Chair Bedford called the meeting to order at 8:44 a.m. All board members were present. Chair Bedford welcomed the legislative delegation. The Board of County Commissioners, legislative delegation, and staff introduced themselves. Chair Bedford thanked Commissioner Fowler and Commissioner Hamilton for working with Greg Wilder on the list of legislative priority issues. Commissioner Fowler, Commissioner Hamilton, and Chair Bedford highlighted new items on the list of legislative priorities. Chair Bedford reviewed the first item on the Board's list of priority legislative issues: Mental Health, Behavioral Health, and Substance Use Issues — Seek legislation to develop and fund mental health and behavioral health facilities and services at the state and local level that: • Ensure adequate State-funded mental health, developmental disability and substance use disorder services and facilities are available, accessible and affordable to all residents; • Include dedicated resources for community para-medicine projects and enhanced mobile crisis response; • Support Medicaid reimbursement to EMS for behavioral health transport to crisis centers; • Reimburse behavioral health urgent care services at a sustainable rate; • Reduce the number of people with mental health issues in county detention centers; • Ensure that state resources fund service provision costs, inclusive of crisis intervention and treatment; • Provide assistance to NC residents, especially youth, who are dealing with the impacts of COVID; 2 • Increase innovation waiver slots more aggressively to meet the Olmstead Act requirements; • Increase compensation for mental health providers, psychiatrists, nurses, social workers, and direct support staff funded by innovation waivers and other Medicaid sources; and • Support both House Bill 563 and related amendments that: • Provide additional regulation on hemp-derived products such as Cannabidiol (CBD), and prohibiting those designed to resemble well-known candy and other snack food products; • Raise the legal age to purchase and use hemp-derived products to 21; and • Incorporate a ban on the flavoring of vape products. Chair Bedford noted that the legislature increased pay for direct care workers. Senator Graig Meyer said there won't be a budget surplus like in past years due to tax cuts. He said he doesn't anticipate an major health care legislation to pass because everyone is waiting to see what happens with Medicaid expansion. He said expansion has been largely successful. He said there is a lot of work being done by NCDHHS and providers to make sure the new system works well and people get signed up. He said the new director at NCDHHS, Kelly Crosby, is doing a fantastic job of trying to figure out how to improve systems. He said one thing he appreciates is that she has been drawing heavily from expertise here in Orange County from the University and other providers. He said innovations waivers are the largest outstanding need dollar-wise, and there won't be money for that this year. He said the other thing being talked about without a real solution is a plan for increasing the number of providers. He said there will need to be a multi-year plan. Commissioner Fowler asked what he views as the answer to increasing the number of providers. Senator Meyer said he is a fan of incentivizing graduate programs. Representative Renee Price said there is more focus on mental health in the House. She said tianeptine is causing concern right now because it is right next to candy, etc. in the stores. She said the House is looking at regulating vape and hemp products, among others. She said related to mental health, the House has looked more at regulations vs. more providers. Commissioner Hamilton said she recently toured Freedom House and one of the things they talked about is increased pay for direct care workers who are there to support clients. Chair Bedford said the legislature did increase direct care workers' salaries, but it's taking a while to go into effect. Commissioner Hamilton said the pay is still low. She said it's important to keep all people in the mental health field in mind during these discussions. Representative Price said the number of people seeking services at Freedom House is rising and it will be difficult to meet all the needs. She said the House has recently been talking about semi-independent or independent living for folks with disabilities. Chair Bedford said there have been stories recently about people who have moved to these types of facilities, but because of the lack of direct care workers, have had to move back with family. Representative Price said she wonders what the number of providers will be like if laws continue to be more restrictive. Commissioner Hamilton said in addition to waiting to see how Medicaid Expansion goes, the other big thing is the Tailored Plan roll out in July. She said she hopes to see the expected benefits of integrated care actually play out. Senator Meyer said NCDHHS is working hard to anticipate some of the pain points before the Tailored Plan is rolled out. For example, he said there is an inadequate system of care for people with chronic schizophrenia, so they are focusing on how to bolster that system 3 for those folks before the transition to Tailored Plans goes into place to avoid acute problems later. Chair Bedford said there needs to be a full continuum of housing for people with disabilities, SUD, and mental health and there is a lot of work to do still. She said the Board is, overall, much more pleased with Alliance than Cardinal. Representative Price said that some people in the House are starting to realize these needs. She said the North Carolina Institute of Medicine will provide a brief on something to do with the work force for children up to adults. She said hopefully in time, there will be more done. Vice-Chair Greene asked if a discussion on incentives for educational programs could happen in the legislature now. Senator Meyer said the legislature could get there in the next couple of years. He said there could be helpful lawsuits that could push the legislature on this. Commissioner Fowler said having the LMEs/MCOs put money into incentives is another option. She asked since the state is low on money, could a raising age bill be an option. Senator Meyer said he thinks there will be additional legislation on hemp derivatives in the next couple of years. He said if the legislature can agree on a bill for medical marijuana, regulations on hemp derivatives will likely be in the same bill. Chair Bedford said the county has an option on land for the Behavioral Health Diversion Facility and information on construction will be in the CIP presented to the BOCC next month. Commissioner Fowler said she also made a petition on distance of vape/hemp shops from schools. Senator Meyer said to answer Commissioner Fowler's earlier question, raising the age to 21 is not likely. He said the diversion facility is one of the best things that could happen for the county. Chair Bedford reviewed the second item on the Board's list of priority legislative issues: School Capital Funding — Support a State bond referendum to address school capital needs to provide needed capital funding to support school infrastructure, renovations, and new construction; and support legislation to: • Allocate State surplus funds for statewide school capital needs; and • Ensure methods used to distribute school capital funding consider the needs of all counties. Chair Bedford said that the Board is proposing a $300M bond referendum on the ballot this November. She said the consultant's report showed a need for $1.1 B in school capital needs in Orange County. Commissioner Hamilton explained the county's process leading to the decision for the bond. She said from the options presented by Woolpert, the Board decided on the $300M bond. She said now they need to decide what the plan will look like. She said both school districts should be ready to present the plans in line with the Woolpert Study at the end of May. She said it will be a lot of money and will result in a tax increase, and it is important to keep the community informed of what they are doing to address school needs. Commissioner Richards said in addition to the bond, the Board did consider a pay-go, so it is a holistic plan. She said before they go out to the community, both school districts need to be aligned on the plan and they need to have a strategy for the long-term plan, regardless of who is on elected boards. Commissioner Hamilton said this plan gets the county started, but is still not enough, and that's why they need help from the state. She said the Woolpert consultant gave their suggestions for projects and new facilities, but the schools are tweaking that plan. Chair Bedford shared some of the ideas the school districts have at this time. 4 The Board and legislators discussed the differences in charter and traditional public schools. Chair Bedford reviewed the third item on the Board's list of priority legislative issues: Racial Equity in Criminal Justice — Support continued consideration and implementation, where practicable, of the recommendations of the North Carolina Task Force for Racial Equity in Criminal Justice (TREC), including: • Legislation to legalize the possession and use of marijuana and permit licensed businesses to engage in retail sales to adults, as this decriminalization will in turn broaden the agricultural economy and jobs as well as enhance revenue for governments with taxes, licenses, and other associated revenues that can be utilized to address opioid and other drug-related problems and other needs; • Policing reforms to address use of force, community oversight and law enforcement training on crisis intervention; • Funding at the county level to expand access to diversion and restorative justice programs; • The reduction of fines, fees and costs in criminal court, noting that such fines, fees and costs disproportionately impact people of color and people of low income. Senator Meyer said although not related to this list, he expects a House Bill on compliance of local Sheriffs with ICE to be motioned in the short session. Chair Bedford reviewed the fourth item on the Board's list of priority legislative issues: Concealed Weapons in Parks and Red Flag Law — Support legislation authorizing counties to regulate the carrying of concealed weapons on county-owned playgrounds and in county-owned parklands, and allowing courts to prevent access to firearms for individuals who show signs of being a danger to themselves or to others. Mental illness, escalating threats, substance abuse and domestic violence are among the circumstances in which a judge should have the authority to order weapon restrictions or surrender. Chair Bedford reviewed the fifth and sixth items on the Board's list of priority legislative issues: Full Funding of the Leandro Remedial Action Plan — Support equity and racial justice by fully funding the Leandro Remedial Action Plan, which details additional comprehensive, targeted education funding over the next eight years, predominantly to low-wealth and minority communities, in order for the State to come into compliance with its constitutional obligation to provide every student a sound basic education. Senator Meyer said there will be a ruling by the court by June. Priority School Issues— Support legislation to address the following issues related to schools: • Provide local school systems with calendar flexibility; • Provide full funding for State allotments including Average Daily Membership (ADM) growth and infrastructure/capital, and support legislation to provide for an overall increase in funding based on ADM outside of the current formula system; • Provide a periodic accounting process for State per pupil funds so that funds and pro- rated funds follow students to their respective schools, as opposed to the current 5 process that only considers State funding allocations based on students' attendance location on a single day during the school year; • Increase salary compensation for teachers and staff at all years of service; • Impose class size reductions commensurate with State funding for staffing; • Provide increased funding for school safety initiatives; and • Reduce funding and limit eligibility for/availability of private school vouchers, as vouchers constrain available funding for public education statewide, encourage students to leave public education, and limit services and educational opportunities for all remaining public school students. Chair Bedford reviewed the seventh item on the Board's list of priority legislative issues: Non-Partisan Redistricting Process for Elections — Support legislation to establish a process for an independent, non-partisan redistricting process after each United States Census for the election of representatives from North Carolina to the United States House of Representatives, the North Carolina House, and the North Carolina Senate. Chair Bedford reviewed the last item on the Board's list of priority legislative issues: Bicycle and Pedestrian Transportation Funding — Support legislation to remove the restriction on State funding for stand-alone bicycle and pedestrian projects imposed by the North Carolina Strategic Transportation Investment Law. The restriction limits the development of infrastructure for bicyclists, pedestrians, and users of personal mobility devices. Senator Meyer said he and Senator Murdock introduced legislation that would support everything the MPO has worked on and asked for. He said there are plenty of ideas that could be moved to another transportation bill if another one has more support. He said there is good support from both parties on this. He said there are good organizing efforts underway to show that it is good for people all over the state. Representative Price said she thinks multimodal is an easier sell. Senator Meyer said there are some changes in transportation proposals that can be added to any future legislation on housing affordability. Vice-Chair Greene said that is really important. Chair Bedford asked Vice-Chair Greene to discuss the Upper Neuse River Basin Association Consensus Principles II for Falls Lake Rules. Vice-Chair Greene said Falls Lake is under EPA water quality rules, but they are impossible to meet. She said the UNRBA has worked with the UNC Collaboratory and has come up with an alternative proposal. She said all local governments involved have passed resolutions of support and it's now gone to the EMC. She said it's really an administrative decision, but there could be a scenario that it would come to them for support. Senator Meyer said this is a big deal. Commissioner McKee and Vice-Chair Greene said there is no way to meet the requirements, unless half of developed Durham is gone. Senator Meyer said the most likely way for it to end up in the General Assembly's lap is if the EMC took action and there was objection filed. He said making sure all local bodies support it is critical. Chair Bedford asked Senator Meyer to discuss the UNC Go-generation Plant. 6 Senator Meyer said there has been an informal local group meeting for almost a year now and has resulted in a fantastic partnership where UNC and the Southern Environmental Law Center have split the bill on hiring Central Pines Regional Council to move forward in a process to seek federal or other grant funding to do a study for what can be done for community economic and housing opportunities when UNC stops needs the rail line that feeds the Co-Gen Plant. He said the university is working on energy transition but doesn't have a timeline. He said once they stop using burnable fuel, there will be no further need for that rail line. He said shutting down the rail, could turn that area into a multimodal greenway pathway, there is an amazing recreation facility connecting the university to central Orange County. He said even more important for the county is that from Blackwood Station south to the University, it will unlock some of the largest parcels of land for future development available in Southern Orange County. He said from the university, it would unlock space at the Co-Gen Plant and directly across the road, which will be the largest parcels of land the university will ever again have for building new things contiguous to central campus. He said then you reach the central business district of downtown Carrboro and have the opportunity to redevelop anything limited in its development due to setbacks required near a rail line. He said the line goes up through Carrboro and into Chapel Hill over near Chapel Hill High, Smith Middle, and Sewall Elementary which would all become walkable without the limitations of the rail line. After that, he said the line goes through Chapel Hill North and adjacent to the airport and then goes along the Greene Tract, Chapel Hill industrial development park, and then to Blackwood Station, which would be the last center for economic development before reaching the residential areas in the central part of the county. Senator Meyer said this vision is a way off, but there is no other greater development opportunity for Southern Orange County, so it is time to think ahead. He said the university has come a long way in a short time and a community development study is needed because the study can show what greater impacts the change will have in order for the university to demonstrate the need to prioritize the transition. He said there is an MOA that will likely come to the Board for approval and invited them to come to the meetings. Chair Bedford said the MOA has been reviewed by John Roberts and Amy Eckberg, David Stancil, Bonnie Hammersley, and Travis Myren have all looked over it and provided input. Vice-Chair Greene said the rails to trails project is part of the Climate Action Plan. Chair Bedford said that is why David Stancil and Amy Eckberg are involved because for the county, there are parks and recreation opportunities potentially, and there is a potential 50% state match. Commissioner Richards said her initial involvement with this topic was before she was on the Board as far as why the rail line is where it is and the impact on Northside community and low wealth and minority communities. She said at that time, they were working with an active group of students at the University that led this effort. Vice-Chair Greene said those students as well as the Jackson Center are attending the meetings. Commissioner Portie-Ascott asked what the study will show. Senator Meyer said it will show the feasibility of housing, economic development, and what the multimodal transportation possibilities would be. Commissioner Richards said this is a long term, 20+ year project. Senator Meyer said it is unlikely for the energy transition for the university to happen in a timeline sooner than 10 years. He said it would require a massive infusion of money and/or substantial advancement in technology. He asked the Board to remember this in their upcoming planning. Chair Bedford invited anyone to share last thoughts. 7 Commissioner Fowler thanked Senator Meyer and Representative Price for passing Medicaid expansion in the General Assembly so it could be removed from the list of legislative priorities. Chair Bedford said over 3,000 people in Orange County have signed up so far. Vice-Chair Greene said Orange County DSS staff is working as hard as they can to help residents sign up. Chair Bedford thanked the legislative delegation for meeting with the Board. A motion was made by Commissioner Hamilton, seconded by Commissioner Fowler, to adjourn the meeting at 10:00 a.m. Jamezetta Bedford, Chair Recorded by Tara May, Deputy Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.