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08-19-2024 Meeting Minutes BOCAugust 19, 2024 1 PERSON COUNTY BOARD OF COMMISSIONERS August 19, 2024 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims Michele Solomon, Clerk to the Board Kyle W. Puryear T.C. Morphis, Jr., County Attorney Charlie Palmer Jason Thomas The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, August 19, 2024 at 9:00 a.m. in the Commissioners’ Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC. Chairman Powell called the meeting to order. Chairman Powell offered an invocation, and Commissioner Palmer led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the agenda with the addition of a closed session to discuss personnel. RESOLUTION OF APPRECIATION FOR COUNTY RETIREE Chairman Powell read and presented a Resolution of Appreciation for County Retiree Amy Wehrenberg, recognizing her thirty years of service to Person County. A motion was made by Commissioner Puryear and carried 5-0 to approve a Resolution of Appreciation for County Retiree, Amy Wehrenberg. August 19, 2024 2 August 19, 2024 3 PROCLAMATION RECOGNIZING AUGUST AS CHILD SUPPORT AWARENESS MONTH Person County Department of Social Services Director Carlton Paylor read a Proclamation Recognizing August as Child Support Awareness Month in Person County. Chairman Powell presented the Proclamation to Paylor. A motion was made by Commissioner Palmer and carried 5-0 to approve a Proclamation Recognizing August as Child Support Awareness Month. August 19, 2024 4 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Andrea Childers of 270 Blackberry Lane, Rougemont stated that she has lived in Person County for almost 32 years. She stated that she would like to address the health and safety of residents, and the environment of Person County. She stated that the water and air in the north and south end of Person County are about to be polluted. She stated that there are things that this Board could do to prevent that. She stated that the first is the water. She stated that Durham County, as an example, is taking steps to protect their water quality by flocculant use. She stated that the use of flocculants would be very helpful in reducing the amount of sediment pollution that we are currently seeing from the Moriah Energy Center (MEC) preconstruction. She stated that she would like the Board to require Dominion to start using flocculants in their sediment basins as well as increase their holding times to five days before dewatering. She stated that she would also like the Board to require that Dominion monitor the discharge from their sediment basins and agree not to dewater until the discharge is at or below the state standard of 50 NTU. She stated that this would solve the sediment pollution problem flowing off the MEC site. She stated that the people of Person County have the right to breathe clean air, but how do they know that the air is clean. She stated that Person County only has one air monitor, and it measures ozone. She stated that very soon in the southern end of the County, Dominion will be storing 50 million gallons of methane, and in the northern end of the County, they will be building a pipeline. She stated that the entire County will be sacrificed so that residents of other counties will have the benefit of heating their homes with cheaper LNG, while Personians will have to breathe the air pollution, and will have to pay more for propane. She stated that unlike coal, which does not pollute until humans burn it, methane is a gas that leaks a lot. She stated that methane is a fossil fuel and a greenhouse gas, more than 80 times as potent as carbon dioxide, trapping heat in the atmosphere in the short term. She stated that methane is a double threat to the climate. She stated that burning it releases carbon dioxide, and it is the primary deliverer of climate change. She stated that methane itself, is a potent greenhouse gas that leaks into the atmosphere. She stated that methane alone is responsible for one third of our planet’s warming. She stated that methane and its byproducts increase the risk of cancer, auto-immune diseases, asthma, and infertility rates, and skin infections. She stated that as it stands right now, we have no concrete way of knowing what pollutants are being released into our air. She stated that we are simply going by Dominion’s projections, using weather models because of climate change that can no longer accurately predict a five to ten-day forecast. She stated that she proposes this County be proactive in dealing with the possible pollutants and place air monitors on both ends of the County, so we can actually prevent a catastrophic event before it happens instead of reacting to a man-made crisis. She stated that there are simple steps we can ask Dominion to do, such as air monitors installed and run by third parties that will save lives and dollars. August 19, 2024 5 Elliot Clark of 856 Knollwood Falls Road, Mebane stated that he is with Vaya Health, Person County’s local managed care organization, which serves individuals and families in Person County through Medicaid and state funded services for behavioral health care. He stated that the state sought to procure a statewide vendor for a child and family specialty plan serving those individuals in the child welfare system, specifically in the foster care system. He stated that Vaya was the only managed care organization specialty health plan to submit a bid for this particular proposal. He stated that on Thursday of last week, Vaya was notified that the NC Department of Health and Human Services (NC DHHS) selected Blue Cross Blue Shield (BCBS) instead of Vaya, to administer the health plan serving those individuals in the child welfare system. He stated that the projected go live date is January 1, 2025, potentially, but could be as late as July 1, 2025, or later, dependent upon how the transition goes. He thanked the Board for their support, and stated that despite the state’s decision, Vaya will stay committed to serving families and youth, and will continue to enhance and improve the system throughout the transition. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Palmer and carried 5-0 to approve the Consent Agenda with the following to include a minor change to Item C, by replacing it with the revised Resolution Accepting the Gift of 5.42 Acres of Real Property: A. Approval of Minutes of August 5, 2024, B. Budget Amendment #4, C. A Resolution Accepting the Gift of 5.42 Acres of Real Property, D. Home and Community Care Block Grant for Older Adults FY25 Agreement for the Provision of County-Based Aging Services, and E. Tax Adjustments for August 2024 a. Tax Releases b. NC Vehicle Tax System Pending Refunds August 19, 2024 6 NEW BUSINESS: FARMLAND PRESERVATION ORDINANCE AMENDMENT Soil and Water Director Nancy McCormick presented the following: August 19, 2024 7 August 19, 2024 8 August 19, 2024 9 August 19, 2024 10 County Attorney T.C. Morphis, Jr. stated, for clarification for the Board, that as written, the ordinance specifically allows the Agriculture Advisory Board to approve the conservation easement, and delegates that authority to them. He stated that it is a good delegation of authority. A motion was made by Commissioner Palmer and carried 5-0 to approve the Farmland Preservation Ordinance Amendment. ALS360 (FIRE COMPONENT) AND BUDGET PROCESS FOR THE FIRE TAX DISTRICT Emergency Services Director Thom Schwalenberg stated that on July 15, 2024, he presented to the Board elements of the Stryker ALS360 program to replace and upgrade the biomedical and patient transport equipment to better serve the citizens of Person County. He stated that included in that presentation were two sections, one for the Department of Emergency Services and County buildings, and one for the Volunteer Fire Departments (VFDs). He stated that on August 15, 2024, he, along with the County Manager, met with the VFD Chiefs to discuss the detailed specifics of the program, specifically, the need for the equipment, both the Automatic External Defibrillators (AEDs) and the LUCAS Chest Compression Devices. He stated at the meeting they discussed the benefits provided to the citizens, the benefit of the equipment to the fire departments, the payment and contract structure, and how the program would work to enhance first responder services in their districts. He stated that the discussion was comprehensive and very productive. August 19, 2024 11 Schwalenberg stated that the Fire Chiefs present were participatory and engaged in positive dialogue. He stated, that, as a result of the discussion, there was a dialogue about possibly requesting more equipment than was originally proposed to the Board on July 15, 2024. He stated, that in order to meet some additional needs that the Fire Chiefs identified in the meeting, at their request, he has worked with the vendor to provide the cost quote for the additional equipment. He stated that the fire chiefs are taking this week to reflect on how to utilize the program. He stated that the Fire Chiefs would meet again on August 22, 2024, to discuss further. He stated that he is available to assist the fire departments and to answer any additional questions that they may have. He stated that he offered to have the vendor present at the Fire Chiefs meeting on August 22, 2024, if the Fire Chiefs felt it would be beneficial. He stated that after the meeting on August 22, 2024, he will work to finalize a quote with the vendor and bring it to the Board of County Commissioners for their consideration at their September 3, 2024 meeting. He stated that the remainder of the meeting on August 15, 2024, was spent discussing the County budget process, how the fire taxes are collected and allocated, and the steps moving forward to improve processes and communication for future finance decisions. County Manager Katherine Cathey stated that they had a very good meeting with the Fire Chiefs and appreciated that she and Schwalenberg were able to be in attendance, along with Division Chiefs Shawn Bradsher and Heather Chandler. She stated at the meeting, they went over the County’s budgeting process, and detailed discussion of the fire tax district and the way that budget is developed each year. She stated that this year’s budget is $2.3M, and the way the County arrived at that amount, is by estimating the amount of revenues the County anticipates bringing in through the fire tax, which is done by Russell Jones in the Tax Office. She stated from there, decisions are made ensuring that each fire department has the allocation brought forward from the previous year. She stated that three departments received more funding for FY25 as they received ISO bonuses last year, and the City of Roxboro’s allocation increased by two percent, per their contract. She stated that the County also maintains the line item for part-time personnel. She stated the County built in funding to change vendors for emergency reporting software due to the other one is no longer supported. She stated that County staff recommended funding for the ALS360 program within those revenues that were anticipated during the fiscal year. She stated that the County was able to encapsulate all of that within the anticipated revenues, and still have some funding remaining in the unallocated line item for unanticipated needs throughout the year, or other bonuses that may be earned by the fire departments or the rescue squad. She stated that the purpose of the fire tax district is to fund fire and rescue services in the County. She stated that discussion was had on how the fund balance is maintained within the fire tax district fund, and that it is maintained separate from the budget each year. She stated that if funding remains at the end of the fiscal year, then the remaining budget moves into the fund balance, which is the savings account for the fire tax district. She stated that the current fund balance is around $1.5M. She stated that they discussed how that savings account benefits fire and rescue services. She stated that she sent written information after the meeting, which has been forwarded to all the Fire Chiefs. She stated that she made the Fire Chiefs aware that she is available for any questions that they may have about the budget process. She stated the Fire Chiefs did express interest in having periodic updates. August 19, 2024 12 Cathey stated that the Fire Marshal, Shawn Bradsher, will provide updates to the Fire Chiefs on a quarterly or as needed basis. She stated as far as the annual budget, the Fire Chiefs discussed how they want to have a part in providing feedback on proposals related to spending the fire tax district funds, and to be given the opportunity to receive detailed information about how that funding would be spent, and to provide feedback for that to come back to the Board of Commissioners before expenditures are approved from that budget. She stated that they discussed the timeline for the County’s annual budget process, and how that works for County departments, as well as community partners who receive funding. She stated that the budgeting process starts in the fall. She stated that County departmental budget requests are due mid-February. She stated that she discussed coming back to the Fire Chiefs at a later date, once the budget calendar is in place. She stated that the Fire Chiefs were supportive of utilizing funding from the fire tax district to support the ALS360 program, and after further discussions, there was a receptiveness that she understood to use the funding towards this program in this fiscal year with the possibility of allocating some more funding from the unallocated line item if they did want to add equipment to the program. She stated that there is approximately $100K remaining in the unallocated line item, which could provide some funding if the Fire Chiefs do decide at their meeting on August 22, 2024 to request additional AED’s and LUCAS devices to go along with what has already been recommended. She stated that there was some discussion about LUCAS devices being made available for the substations, as well as adding AED’s to further standardize the AED’s that are out in the field. Commissioner Puryear wanted to know why this issue is still being talked about. Cathey stated, at the last Board meeting, it was her understanding that this item needed to come back to the Board with the feedback from the Fire Chiefs Association, so that the Board could determine if they wanted to move forward with the fire component of the ALS360 program. Puryear stated to Cathey, according to the EMS Director’s statement on July 15, 2024, when they were talking about the equipment, specifically the Lifepaks for the VFDs, Commissioner Sims asked the director “Have you discussed that with the VFD’s?’ The Director’s response “Yes it has been presented to the fire chiefs”. Sims “And they are good with that?” Director ‘They did not present opposition”. Puryear stated that there are concerns and asked when did Schwalenberg present this to the Fire Chiefs prior to July 15, 2024. Cathey stated that it is her understanding, based on discussions that she has had with Schwalenberg and the Fire Chiefs, that this concept had been brought up as far as obtaining additional AED’s and LUCAS devices, which are not currently available to the VFD’s. She stated it was not made in a formal presentation. She stated that at one of the associations meetings, a representative from Stryker came and completed a demo and shared information about the equipment. She stated that this has been an ongoing discussion. She stated that as far as Sims’s question of, “Are they okay with this?”, and Schwalenberg’ s response of, “They did not present opposition”, was that Schwalenberg was referring to that there was no concern expressed about moving forward with adding the devices. She stated that she reviewed the Fire Chief’s Association meeting minutes that the Fire Chiefs shared with her. She stated that the minutes reflect discussions about the devices and the Stryker presentation, but did not mention funding. She stated that part of her job in developing the recommended budget is to ensure that the we are able to fund the County’s priorities. August 19, 2024 13 Cathey stated that part of the recommended budget included the ALS360 program. She stated that she felt if we were to include the fire portion of that, it made sense to fund that portion through the fire tax. She stated that she did not know that it needed to be approved by the Fire Chiefs Association. She stated that she included it in the recommended budget that was presented to the Board on May 20, 2024. She stated that it had been in the budget over the course of a couple of months, therefore, there was opportunity to have this discussion over that timeframe. She stated the Board did decide to pull that from the recommended budget, and it was not in the approved budget, so that is why we came back and had the presentation on July 15, 2024. She stated that questions remained, and discussions have been had with the Fire Chiefs, and feedback was provided to aid in the decision-making process. Schwalenberg stated that the question he was asked by Sims at the July 15, 2024 meeting, was in the concept of the sixteen Lifepaks 1000 AED’s. He stated that the question he was asked was “Have you discussed this with the VFD’s?’ Schwalenberg stated that this was in reference to the sixteen AED’s. He stated that he had presented it to the Fire Chiefs on three occasions. He provided the following dates that this was discussed with the Fire Chiefs: June 2, 2022 advised Chiefs, and surveyed the need for replacement of equipment, October 5, 2023 discussed the budget and funding process, to include grant funding for LUCAS devices and AED’s, December 7, 2023 discussed CAD server issues, and April 4, 2024 discussed EMS supplies, Narcan distribution, AED and LUCAS project implemented in the budget, with no response from anyone in the room. He stated that each time he brought this topic up, no one at the Fire Chiefs Association presented any opposition. Puryear asked Schwalenberg was the presentation presented to the Board on July 15, 2024 ever presented to the Fire Chiefs, to which Schwalenberg replied no, that he and Cathey were under the impression that they did not need the Fire Chiefs authorization before bringing it to the Board of Commissioners. He stated that he did not realize that was an expectation. Puryear stated his concern, as a County Commissioner, is that they make decisions, especially financial decisions, that affect many people. He stated that as a commissioner, he likes to have the most accurate, truthful information possible to make a decision. He stated that he is disappointed, and it is troublesome that this has gotten to this extent. He stated that if he had known prior to voting on this matter on July 15, 2024, that this was never formally presented to the Fire Chiefs Association, he would never have voted in favor of this item. He stated it is not about the funding, it is about being delivered accurate information so that the Board can make the best possible decision with the information that they have received. He stated that he believes the Fire Chiefs Association should have been communicated with on this. He directed a question to Cathey referencing the Fire Chiefs Association meeting that was held on August 15, 2024, and asked was this a regular scheduled meeting. Cathey replied the meeting was rescheduled from August 1, 2024. Puryear asked who from the County was in attendance at the meeting. Cathey stated Schwalenberg, the Fire Marshal, EMS Manager Heather Chandler, and herself, were the four from the County who were in attendance. Puryear asked Cathey if the representative from the Board of Commissioners was present, to which she replied yes, he was in the first part of the meeting. August 19, 2024 14 Cathey stated that the Fire Chiefs Association President announced a closed meeting with a representative from each fire department and the rescue squad present for the discussion as well as the four County staff members that were present. Puryear stated ,”So you kicked the County Commissioner out”, to which Cathey replied “That she did not”. Puryear asked Vice Chairman Sims how often does the Fire Chiefs Association conduct closed sessions. Sims stated that this is the first to his recollection. Puryear asked Cathey if she knew about the closed session. Cathey stated that she knew about it that morning, before the meeting that evening, as she called the Fire Chief Association President Gabe Windham and asked him how the meeting would run so that she could understand the expectations and what he was asking of the County to present in the meeting. She stated that at that time, he advised her that it was his intent for the second portion of the meeting to be a closed meeting with a representative from each fire department present to discuss the ALS360 program. Puryear asked Cathey did she communicate that information to the County staff that was going to be present at the meeting that there was going to be a closed session that evening. Cathey stated that she may have had a conversation with Schwalenberg about that in advance. She stated the she believes Schwalenberg also spoke with Windham on the day of the meeting. Puryear asked Cathey did she inform Sims that it was going to be a closed session. She stated that she did not have a conversation with Sims that day. Puryear stated that is troublesome. Sims stated that if he did not need to be in the closed session, or they did not want him there, it is fine. He stated that he should have been told that there was going to be a closed session and that he would not be attending, being that he is the liaison between the Volunteer Fire Chiefs Association and the County Commissioners. He stated that the issue is not about the money that was presented to the Board in the budget. He stated that he has concerns about equipment past its due date and why it has not been replaced. He stated that he would like to see a breakdown of everything that needs to be repaired to see what the cost would be and to see the cost comparison with this program. He stated that he feels that if the presentation from July 15, 2024 Board meeting was shared with the fire departments, along with discussion of the $80K from the fire tax district fund, we would not be here today discussing this. He asked was every single VFD okay with this program and wants it to go forward. Cathey stated that she cannot answer that at this time because they are going to meet again on August 22, 2024. She stated that Schwalenberg has received an updated quote from Stryker. She stated that since the Fire Chiefs Association has a meeting on August 22, 2024, she would tentatively include this as an agenda item for the Board’s September 3, 2024 meeting, dependent upon feedback from the Fire Chiefs Association. Sims reiterated that his question would be again on that date, is every single VFD okay with this program, and do they agree with it. Chairman Powell stated that that there are many complex questions, and several comments have gone to the Fire Chiefs Association. He asked Gabe Windham, President of the Fire Chiefs Association to provide input. Windham stated that he is the Assistant Chief at Allensville VFD, and the President of the Person County Chiefs Association. He stated first of all, it was never a matter of the Chiefs Association as a whole, as to what equipment was going to be placed. He stated the issue was the use of fire tax funds. He stated he does not recall who recommended that, or where it came from. August 19, 2024 15 Windham stated at this point, it does not matter. He stated that their assumption from the inception of the fire tax in Person County about five years ago, is that, the money was to be used for the VFD’s and Rescue Squad, and that they kind of had a say in how that money would get dispersed. He stated that if any kind of needs arose in the future, that they would have a say in that also, an association as a whole, not individually, for the betterment of Person County. Puryear asked Windham about the next meeting on August 22, 2024 and could Sims attend that meeting. Windham stated that the meeting would be a closed session and Sims could attend if he wanted to. Commissioner Palmer stated that this was discussed in the years 2022, 2023, and 2024 that these devices were at the end stage of life, yet we shot the recommendation down on the budget. He asked Windham how many VFD’s are there in Person County. Windham replied that there are six VFD’s in Person County. Palmer stated that we have six departments, and we are here today because one individual disagrees with this proposal, and he never received a phone call. He stated that he had home visits from very concerned individuals, VFD members, and EMS employees. Chairman Powell asked for clarification, that the next meeting for the Fire Chiefs Association is August 22, 2024. Cathey verified the meeting date of August 22, 2024, and advised that she would bring this back to the Board at the meeting scheduled for September 3, 2024, after receiving additional feedback from the Fire Chiefs Association. HUMAN SERVICES BOARD ORIENTATION Assistant County Manager Brian Hart thanked the Board for enlisting the support and services of CCR Consultants. He stated that throughout this process CCR has been very helpful, and as we work our way through consolidation, one of the recommendations from CCR was to develop a Human Services Agency Mission Statement. He stated that a draft mission statement has been created, and is as follows: The Human Service Agency seeks to improve the human condition of Person County residents, particularly the most vulnerable, through the equitable provision of quality programs, services, and support. August 19, 2024 16 Rebecca Troutman, Senior Consultant with CCR Consultants, provided a brief summary of the work that CCR has done thus far and presented the following: August 19, 2024 17 Sherry Bradsher, consultant with CCR, presented the following information on Food and Nutrition Services (FNS) and the Medicaid program. August 19, 2024 18 August 19, 2024 19 August 19, 2024 20 August 19, 2024 21 August 19, 2024 22 August 19, 2024 23 August 19, 2024 24 August 19, 2024 25 August 19, 2024 26 August 19, 2024 27 Vice Chairman Sims asked how many Income Maintenance Caseworkers are there employed at DSS. Carlton Paylor, DSS Director, advised approximately forty-five. Commissioner Puryear asked how is income and employment verified. Bradsher advised that workers use various tools and resources made available to DSS to verify income and employment; however, self-employment income is the most challenging income to verify. Puryear asked if unemployment compensation counts as income, to which Bradsher replied yes it does. She stated that are probably about ninety different types of income that an eligibility worker counts dependent upon policy. August 19, 2024 28 August 19, 2024 29 August 19, 2024 30 August 19, 2024 31 August 19, 2024 32 August 19, 2024 33 August 19, 2024 34 August 19, 2024 35 August 19, 2024 36 August 19, 2024 37 August 19, 2024 38 August 19, 2024 39 Puryear asked what is the timeframe for training for new caseworkers, and how long does it usually take for caseworkers to be able to work on cases. Bradsher stated it really depends on the person and how well they understand policy and apply it to each case. She stated, on average, it could be at least three months, and sometimes longer, dependent upon the worker. August 19, 2024 40 CHAIRMAN’S REPORT Chairman Powell had no report. MANAGER’S REPORT County Manager Katherine Cathey had no report. COMMISSIONER REPORTS/COMMENTS Vice Chairman Sims, and Commissioners Puryear and Thomas had no report. Commissioner Palmer reported that he attended the Rec Advisory Board Meeting. A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed Session at 11:40 a.m. A motion to enter into Closed Session per General Statute 143-318.11(a)(6) for the purpose to discuss personnel with the following individuals permitted to attend: County Manager Katherine Cathey, and County Attorney T.C. Morphis, Jr. Chairman Powell called the closed session to order at 11:45 a.m. A motion was made by Vice Chairman Sims and carried 5-0 to return to open session at 12:20 p.m. ADJOURN: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 12:21 p.m. _____________________________ ______________________________ Michele Solomon Gordon Powell Clerk to the Board Chairman