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10-16-2023 Agenda Packet BOCPERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 October 16, 2023 9:00 a.m. This meeting will convene in Room 215 of the County Office Building. CALL TO ORDER………………………………………………….. Chairman Powell INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA INFORMAL COMMENTS The Person County Board of Commissioners established a 10-minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. ITEM #1 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of October 2, 2023 (pgs.3-12),B.Budget Amendment #9 (pg.13), C.Animal Services Fee Schedule Amendment (pgs.14-15),D.Consideration of Approval of Late Exemption Tax Applications (pgs.16-17), andE.Tax Adjustments for October 2023 (pgs.18-71) a.Tax Releasesb.NC Vehicle Tax System pending refunds 1 NEW BUSINESS: ITEM #2 (pgs.72-169) Resolution of Support for the Upper Neuse River Basin Association Consensus Principles II to Guide Revisions to the Falls Lake Rules…………………………………………….. Chris Bowley ITEM #3 (pgs.170-192) Options for Organization and Governance of Human Services Agencies……………………………………………………. Katherine Cathey CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS CLOSED SESSION #1 A motion to enter into Closed Session # 1 per General Statute 143-318.11(a)(5) to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney Ellis Hankins, General Services Director Ray Foushee, and Finance Director Amy Wehrenberg. CLOSED SESSION #2 A motion to enter into Closed Session #2 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 Clerk to the Board Michele Solomon. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2 October 2, 2023 1 PERSON COUNTY BOARD OF COMMISSIONERS October 2, 2023 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, October 2, 2023 at 7:00 p.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 Sims and carried 5-0 to approve the agenda as adjusted with the deletion of the Closed Session. PUBLIC HEARING # 1: A motion was made by Commissioner Puryear and carried 5-0 to open the duly advertised public hearing for Consideration of Approval of Private Roadway Stan’s Way to be added to the Database for E-911 Dispatching. GIS Director Sallie Vaughan presented. She stated that within the last year, the county gained access to the 280-acre County Farm Park, over an easement on lands owned by Ronald Tilley. She advised that the County would construct an access road to the County Farm Park over the easement. She stated that for the purpose of public safety, it is best to name the access road, as it would help facilitate calls that are placed to 911 to be able to obtain a precise location to aide First Responders. She stated that that since the access road crosses Mr. Tilley’s property; the GIS Department asked for his input on naming the access road. Mr. Tilley’s suggestion was Stan’s Way, which honors a member of the Tilley Family. She stated this is not the typical request usually brought forward by the GIS Department for Public Hearing. She stated that this roadway does not meet the criteria set forth by the Addressing Ordinance, as it will not be serving three or more addressable structures. She is recommending the Board’s approval of this road name due to the importance of the access to the County Farm Park. There were no individuals appearing before the Board to speak in favor of or in opposition to the public hearing for Consideration of Approval of Private Roadway Stan’s ay to be added to the Database for E-911 Dispatching. 3 October 2, 2023 2 A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for Consideration of Approval of Private Roadway Stan’s Way to be added to the Database for E-911 Dispatching. CONSIDERATION TO GRANT OR DENY REQUEST A motion was made by Commissioner Puryear and carried 5-0 to approve the Private Roadway Stan’s Way to be added to the Database for E-911 Dispatching. PUBLIC HEARING # 2: A motion was made by Commissioner Sims and carried 5-0 to open the duly advertised public hearing for Consideration of Approval of Private Roadway Bluebird Trl to be added to the Database for E-911 Dispatching. GIS Director Sallie Vaughan presented. She stated that Ephesus Church Road parallels the NC/VA border for a few miles in the Cunningham Township. She stated there are several homes on the north side of Ephesus Church Road that are physically located in VA. She stated that since Ephesus Church Road is in NC, and the homes are in VA, the address discrepancy could create issues with 911 response. She stated that occupants of the homes in VA approached Halifax County about a resolution to the 911 response problem. She stated that she, and Andy Wells, her counterpart in VA, discussed potential solutions to remedy this problem. She stated that with citizen input, they have decided to name the driveway and give each occupant an address off that driveway, which would allow them to have an address that is on a road in VA and alleviate the issue with 911 dispatching. She stated this is not the typical request usually brought forward by the GIS Department for Public Hearing. She stated that this roadway does not meet the criteria set forth by the Addressing Ordinance, as it will not be serving three or more homes on a roadway 200 feet or longer. She is recommending the Board’s approval of this road name as it would immensely help the residents and allow 911 dispatching to assist with a more accurate location. There were no individuals appearing before the Board to speak in favor of or in opposition to the public hearing for Consideration of Approval of Private Roadway Bluebird Trl to be added to the Database for E-911 Dispatching. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for Consideration of Approval of Private Roadway Bluebird Trl to be added to the Database for E-911 Dispatching. CONSIDERATION TO GRANT OR DENY REQUEST A motion was made by Commissioner Puryear and carried 5-0 to approve the Private Roadway Bluebird Trl to be added to the Database for E-911 Dispatching. 4 October 2, 2023 3 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Kim Wooten of 632 Whitt Town Rd, Roxboro spoke on concerns related to Solar Farms. She stated she moved to Person County in 2016 and is currently an Electrical Engineer, and was formerly a farmer. She stated she loves Person County, it is a wonderful place to live, she loves the rural farms and it is not an urban environment. She is happy to be a Persononian. She stated that she is in favor of Solar Farms and thinks it is in Person County’s best interest, and she would love to see it built. She stated Solar Farms do not hurt farms and that farming can still occur on lands also occupied by solar. She stated Duke Energy is a good corporate citizen to Person County and they would be building a Solar Plant that would create jobs and increase economic development. She stated the county should not turn them away. She stated she fully supports Duke Energy. Holly Ann Rodgers of 405 Younger Rd, Roxboro spoke on matters related to the September 18, 2023 Board meeting. She advised that the statements made were factually incorrect and offensive to those who were not born in Person County. She stated she is referring specifically to the public comments made on September 18. She stated that the attitude of: if you were not born here you should not have a right to feel passionately about this place, offends her. She stated that she cares about Person County. She urged the Board to give weight to actual experts in their field and to consider the possible motivations of those presenting themselves as more informed than the average citizen. She stated that she has nothing to gain or lose regarding energy decisions in Person County. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of September 18, 2023, B. Budget Amendment #8, C. Environmental Health Fee Schedule Amendments, D. Health Department Fee Schedule Amendments related to COVID vaccinations, E. City of Roxboro Contract Amendment-Fire, and F. Ratify Termination of Agreement with EQV Strategic Effective Oct. 31, 2023 5 October 2, 2023 4 NEW BUSINESS: PERSON COUNTY TOURISM DEVELOPMENT AUTHORITY ANNUAL REPORT Person County Tourism Development Authority (PCTDA) Annual Report presented by PCTDA Executive Director Julie Maybee. 6 October 2, 2023 5 7 October 2, 2023 6 Maybee advised that on October 6 and October 7, WRAL would be doing “Wine and Beer Tour” in our community on their “Out and About Show”. Maybee stated that on October 6, WRAL would be filming at Rock of Ages, 1792, Black Creek Brewery, and interviewing Mayor Newell. She also shared that on October 7, WRAL would be at Tunnel Creek Vineyards and Wine a Little. Maybee advised that the PCTDA Board awarded a $20K grant to the Person County Recreation, Arts & Park Department for the County Farm Park. Maybee stated that she has worked with the Person County Recreation, Arts & Park Department with the Mayo Lake Paddle Trail. Maybee stated that PCTDA wants to attract more people, and promote growth and tourism to our county. Chairman Powell thanked Maybee for all the work she and other members of the PCTDA have done, and continue to do, to promote growth and tourism in Person County. Vice Chairman Sims had positive comments about PCTDA and thanked them for their efforts to promote more foot traffic in Person County. Maybee provided the following video that PCTDA has on their website emphasizing ‘It’s Better in Person”: https://itsbetterinperson.com/#/video. COUNTY FINANCING RESOLUTION County Financing Resolution presented by Finance Director Amy Wehrenberg. Wehrenberg advised the Board that they should have before them the final document that requires approval for the 2023 Limited Obligation Bond issuance, in an amount not to exceed $13M, to finance certain improvements to Person High School. Wehrenberg stated as part of the resolution, the Board is authorizing County staff to execute and deliver a related deed of trust, a lease and agency agreement with the school board, and other related underwriting documents. Wehrenberg stated, in addition, the resolution designates certain County staff as County representatives to execute final documents and perform certain duties with respect to the financing in its post-closing phase. Wehrenberg stated that all copies referenced in the resolution would be available to any Board member upon request. Wehrenberg stated that she is seeking the Board to approve the resolution as presented. Chairman Powell stated that school facilities need improvements, and agrees to the financing resolution. Vice Chairman Sims stated that he is looking forward to the end result. Commissioner Palmer questioned if contracts had been awarded. Wehrenberg advised that the contract has been awarded to Legacy Building Company. A motion was made by Commissioner Puryear and carried 5-0 to approve the County Financing Resolution as presented. 8 October 2, 2023 7 COUNTY ATTORNEY APPOINTMENT PROCESS County Manager Katherine Cathey presented to the Board the process to follow to appoint the next county attorney. Cathey stated that County Attorney Ellis Hankins is retiring from private practice at the end of December. Cathey advised that the Board would need to make a decision on how they want to go about choosing a new county attorney. Cathey advised the Board that they may continue to contract with The Brough Law Firm for legal services and appoint one of their attorneys as the next county attorney or they could conduct a competitive recruitment process as they previously did when they selected Hankins. Cathey advised the Board that they should have before them a copy of the current Memorandum of Understanding with The Brough Law Firm as well as an example of the job ad posted at the last selection process. Cathey advised that the FY24 budget for legal services is $75K, and the county expended approximately $65K a year for legal services over the past two years. Cathey stated that T.C. Morphis Jr. is available for questions. Chairman Powell stated that the Board’s primary desire is an attorney that will provide correct legal advice on how to handle legal matters dealing with local government and is able to guide the Board in the direction needed on all legal matters. Vice Chairman Sims asked if the Board continues to stay with The Brough Law Firm, would it be an attorney rotation or would it be a consistent attorney representing the Board at each meeting. Morphis advised the Board that if the Board chooses to stay with The Brough Law Firm, he would be the assigned county attorney and he would attend meetings on a regular basis. Morphis stated that he is the managing partner at The Brough Law Firm and his experience is with municipalities. Commissioner Palmer had concerns about salary of the attorney. Morphis advised that the salary would not change if the Board continues with The Brough Law Firm. Commissioner Puryear stated that the Board has had a good experience with current attorney Hankins, and The Brough Law Firm, and is in favor of continuing legal services with The Brough Law Firm. A motion was made by Commissioner Puryear and carried 5-0 to approve continuing to contract with the Brough Law Firm for the next County Attorney. 9 October 2, 2023 8 APPOINTMENTS TO BOARD AND COMMITTEES Clerk to the Board Michele Solomon presented the board with applications for current vacancies for nomination and appointment as deemed appropriate. Juvenile Crime Prevention Council 1-Year Initial Term: 2-Year Reappointment 2 positions available for a citizen under the age of 21(one may be a member of the public representing the interests of families of at-risk juveniles) 2-Year Term: 1 position for each of the following: Juvenile Defense Attorney, and up to 4 citizens-at-large positions 1) Beverly Cates, citizen-at-large requests appointment A motion was made by Commissioner Puryear and carried 5-0 to appoint Beverly Cates to the Juvenile Crime Prevention Council for a 2-year term. Opioid Settlement Advisory Committee 2 citizen-at-large positions with lived experience (personal or family member), and a substance use treatment provider representative position 1) Joyce Harper with Freedom House Recovery Center requests appointment 2) Arthur Payne with the Morse Clinic requests appointment A motion was made by Commissioner Puryear and carried 5-0 to appoint Joyce Harper with Freedom House Recovery Center to the Opioid Settlement Advisory Committee. 10 October 2, 2023 9 CHAIRMAN’S REPORT: Chairman Powell reported the following: Attended DSS Employee Appreciation Day and advised it was well attended by staff. Attended the Ribbon Cutting Ceremony for RHA Health Services, which is under Vaya Health, and is a new walk in mental health facility located on Weeks Dr. Attended a special called meeting by EDC as well as the regular scheduled EDC meeting to discuss Duke Energy updates for Person County. Attended a tour of Dominion Energy Facility in Cary along with Vice Chairman Sims, County Manger Cathey, and other county staff, and advised it was very informative. Attended the annual Kerr-Tar COG Banquet and was the recipient of the award for Outstanding County Elected Official. He stated it was an honor to have received this award. Congratulated Vice Chairman Sims on being appointed Chair of the Kerr-Tar COG. Provided update on Charters of Freedom. He stated the concrete trucks were on site today and that Chandler Concrete donated 10 yards of concrete. MANAGER’S REPORT: County Manager Katherine Cathey stated that the Charters of Freedom is nearing completion, and a dedication ceremony should take place in November. Cathey stated that she and Clerk to the Board Michele Solomon attended the Kerr- Tar COG Annual Banquet along with Chairman Powell and Vice Chairman Sims. Cathey stated that Chairman Powell received an award for Outstanding County Elected Official, and Vice Chairman Sims was appointed as Chairman of the Board for the Kerr-Tar COG. Cathey advised that the Person County Library is now a Passport Acceptance Facility by appointment only. COMMISSIONER REPORT/COMMENTS: Vice Chairman Sims reported that he visited the Dominion Energy site in Cary, and it was informative and he presented many safety questions to Dominion Energy. Sims stated that he attended the annual Kerr-Tar COG Banquet, where he was appointed Chairman. Sims stated the Charters of Freedom is nearing completion, he is happy with the progress, and the site looks good. Sims thanked the individuals who spoke during informal comments and stated he is appreciative for public comments. Commissioner Palmer had no report. 11 October 2, 2023 10 Commissioner Thomas reported that he attended DSS Employee Appreciation Day, and stated it is important to show appreciation to staff. Thomas invited all to attend Personality Festival, scheduled for October 6 and October 7 in Uptown Roxboro. Commissioner Puryear congratulated Chairman Powell and Vice Chairman Sims on their accomplishments with the Kerr-Tar COG. Puryear expressed thanks to PCTDA staff and board for all they do to promote Person County and advised they are doing an outstanding job. Puryear stated that he is appreciative of people showing up for the BOC meetings and for the public comments. ADJOURNMENT: A motion was made by Commissioner Puryear and carried 5-0 to adjourn the meeting at 7:54 p.m. _____________________________ ______________________________ Michele Solomon Gordon Powell Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 12 10/16/2023 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 28,858 Culture and Recreation 1,578 REVENUES General Fund Fund Balance Appropriation 2,180 Other Revenues 28,256 EXPENDITURES ARPA Special Revenue Fund GREAT Grant Programs 210,838 Transfer to Other Funds (210,838) Explanation: Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) 10090-399991 General Fund-FBA 2,180 1006120-425600 Parks & Recreation-JCPC Scholarship 1,578 1004380-420000 Animal Services-Supplies 602 100-389890 Miscellaneous Revs 12,020 1004310-435300 Sheriff's Office-Maint & Repair/Vehicles 12,020 100-389890 Miscellaneous Revs 11,620 1004370-455000 EMS-Cap Out Equip $5000+11,620 100-389890 Miscellaneous Revs 4,616 1004370-435300 EMS-Maint & Repair/Vehicles 4,616 4509821-401010 ARPA Fund: Transfer to General Fund (40,000) 4504290-549810 ARPA Fund: GREAT Grant-Brightspeed Exp 40,000 4509821-401010 ARPA Fund: Transfer to General Fund (170,838) 4504290-549820 ARPA Fund: GREAT Grant-Zitel Exp 170,838 Totals 30,436 30,436 BUDGET AMENDMENT #9 Carrying forward donations ($2,180) received in FY23 for Recreation, Arts and Parks' JCPC Scholarship Program and Animal Services supplies; recognizing proceeds from sale of Animal Services metal cage ($12,020) to outfit the animal control vehicle in the Sheriff's Office; received insurance claims for repair to an ambulance stair lift ($11,620) and emergency vehicle ($4,616) in EMS; and recognize the local matched funds available from the American Rescue Plan Act ($210,838) to support broadband expansion and the GREAT (Growing Rural Economics with Access to Technology) Grants from NCDIT. BUDGET ADJUSTMENT BA‐913 AGENDA ABSTRACT Meeting Date: October, 16, 2023 Agenda Title: Fee Schedule Amendment for Person County Animal Services Summary of Information: To make adjustments to the adopted FY24 Fee Schedule for the Animal Services Department. Some of the requested changes correspond directly to the reorganization that situated the Animal Control division within the Sheriff’s Office. Those changes include the removal of fees for the pick-up of puppies, kittens and injured or sick animals. Other proposed changes include: Department name change on Fee Schedule from “Animal Control” to “Animal Services” Changing “Animal Pick-up Fees” to “Animal Fees” 5-way vaccine price increase from $6 to $8 Remove “Rescue Pull Fees” section heading as it is no longer needed Add new “Feline Leukemia and FIV Test” fee line at a cost of $15 Remove bold lettering “Deworming-Drontal” and change title to just “Deworming” Remove “Deworming -Panacure 3-Day course” fee line as it is no longer needed Recommended Action: Adopt changes to FY24 Adopted Fee Schedule for Animal Services. Submitted By: Kelli Lewis, Animal Services Director 14 Animal Control (Services) FY24 Adopted Fee Schedule  Animal Pick Up Fees (change title to Animal Fees )  FY 24 Adopted  Proposed FY24  Changes   Pick up litter of puppies or kittens (If mother of litter is  surrendered at time of pickup, there will be no charge) $25.00  remove  Pick up injured or sick animals $25.00  remove  Deposit fee for Humane Dog or Cat Trap $25.00  no change  Vaccination Fees        1 yr Rabies Vaccine (if unvaccinated or no proof of vaccination) $10.00  no change  5 way Vaccine $6.00  $8.00  Rescue Pull Fees (remove title)       Heartworm Test $10.00  no change  Bordetella Intranasal Vaccine $8.00  no change  Feline Leukemia and FIV Test $15.00 NEW  Deworming‐Drontal (remove bold lettering change to  Deworming)                Under 60lbs $15.00  no change           Over 60lbs $20.00  no change  Deworming‐Panacur 3‐Day course $5.00  remove    NEW Proposed FY24 Animal Services Fee Schedule  Animal Fees        Deposit fee for Humane Dog or Cat Trap $25.00  no change  Vaccination Fees        1 yr Rabies Vaccine (if unvaccinated or no proof of vaccination) $10.00  no change  5 way Vaccine $8.00    Heartworm Test $10.00  no change  Bordetella Intranasal Vaccine $8.00  no change  Feline Leukemia and FIV Test               $15.00 NEW  Deworming               Under 60lbs $15.00  no change           Over 60lbs $20.00  no change    15 AGENDA ABSTRACT Meeting Date: October 16, 2023 Agenda Title: Consideration of Approval of Late Exemption Applications Summary of Information: Every year, the tax office receives applications for the Senior, Disabled, Veteran, and Circuit Breaker exemptions that fail to meet the June 1st deadline. In an effort to help inform the public of these exemptions, the tax office mailed information along with our listing forms to 5,706 citizens. We updated our brochures for the exemption programs to make these programs easier to understand, and passed out over 200 copies. We also included information about these exemptions on the county web site that also included access to an on-line application form. Application information was published in the local newspaper. A final effort included mailing reappraisal notices to all property owners that included detailed information on how to apply, including upcoming tax deadlines. These efforts resulted in 94 new applications, with 65 approved applications, 8 denied applications (5 were over the income limit, and 3 did not provide proof of income) along with 21 late applications. The 21 late applications that are submitted for your review would have been approved if they had been received by the tax office by June 1st. These applications met all requirements, however since these were late, they could not be approved by the tax office. The Board of Commissioners may approve late applications if they are received by December 31st. Since these applications met all guidelines (other than the application deadline), I would recommend approval. I have included a spreadsheet that outlines the tax impact and the reasons for the late applications. I have not included the applications since they include social security numbers, medical, and income information. Currently, we have 935 (increased by 40 properties since 2022) properties that are receiving benefit from these exemptions, which does not include the 21 applications that are submitted for approval today. Recommended Action: Approve applications if appropriate Submitted By: Russell Jones, Tax Administrator 16 17 AGENDA ABSTRACT Meeting Date: October 16, 2023 Agenda Title: Tax Adjustments for October 2023 Summary of Information: Attached please find the tax releases and motor vehicle pending refunds: 1. October 2023 tax releases (includes 344 NCDMV GAP bills that were double-billed). 2. October 2023 North Carolina Vehicle Tax System (NCVTS) pending refunds. Recommended Action: Motion to accept reports and authorize refunds. Submitted By: Russell Jones, Tax Administrator 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 AGENDA ABSTRACT Meeting Date: October 16, 2023 Agenda Title: Resolution of Support for the Upper Neuse River Basin Association Consensus Principles II to Guide Revisions to the Falls Lake Rules. Summary of Information: The Neuse River Basin/Falls Lake Watershed encompasses approximately 83,083-acres within Person County (County) and is part of a large regional system that ultimately outfalls into the Pamlico Sound. The majority of this watershed is stored locally within Falls Lake. Falls Lake was constructed by the U.S. Army Corps of Engineers in the 1980s and is frequently-monitored for water quality and nutrient loads. In 1996, the Upper Neuse River Basin Association (UNRBA) was established and, thereafter, the North Carolina Environmental Management Commission (EMC) adopted an initial set of Consensus Principles for water quality rules to manage the Neuse River Basin and Falls Lake. The Falls Lake Rules (Rules) were adopted in 2011 and they allow for a reevaluation process using the North Carolina Department of Environmental Quality (DEQ), Division of Water Resources (DWR) format, with presentation to the DWR and the EMC. The reevaluation of the original Consensus Principles resulted in the UNRBA creating the attached Exhibit A: Upper Neuse River Basin Association (UNRBA) Consensus Principles II to Guide Revisions to the Falls Lake Rules (Consensus Principles II). The revised Consensus Principles II were based on the attached report, included as Exhibit B: Concepts and Principles for the Upper Neuse River Basin Association (UNRBA) Recommendations for a Revised Falls Lake Nutrient Management Strategy. The UNRBA provided this information publicly in a summary with Exhibit C: Concepts for Nutrient Management in Falls Lake and presented with Exhibit D: The UNRBA’s Recommendations for a Revised Falls Lake Nutrient Management Strategy. The documents were reviewed by the participating local government members and the North Carolina Collaboratory. On September 20, 2023, the UNRBA Board of Directors approved the revised Consensus Principles II, and, therefore, requests that the Person County Board of Commissioners approve the attached Resolution of Support for the Upper Neuse River Basin Association Consensus Principles II to Guide Revisions to the Falls Lake Rules and associated Consensus Principles II. Recommended Action: The Person County Planning & Zoning Department staff recommends Board of Commissioners’ approval for the Person County Resolution Endorsing the Upper Neuse River Basin Association Consensus Principles II for Revised Falls Lake Rules, as follows: “I hereby move to approve the attached Resolution of Support for the Upper Neuse River Basin Association Consensus Principles II to Guide Revisions to the Falls Lake Rules, which endorses the attached Exhibit A: Upper Neuse River Basin Association (UNRBA) Consensus Principles II to Guide Revisions to the Falls Lake Rules, as adopted by the UNRBA Board of Directors, and recommends that the Department of Environmental Quality, Division of Water Resources, and the Environmental Management Commission use these consensus principles as guidelines in developing revised rules for Falls Lake.” Submitted By: Chris Bowley, AICP, Planning & Zoning Director 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 PERSON COUNTY RESOLUTION ENDORSING THE UPPER NEUSE RIVER BASIN ASSOCIATION CONSENSUS PRINCIPLES II FOR REVISED FALLS LAKE RULES WHEREAS, the North Carolina Environmental Management Commission (EMC) adopted Falls Lake Rules (Rules) and the North Carolina Rules Review Commission approved the Rules with an effective date of January 15, 2011; and WHEREAS, local government member jurisdictions within the Neuse River Basin/Falls Lake Watershed developed an original set of Consensus Principles in February 2010, to guide the development of the current Rules; and WHEREAS, Rules (15A NCAC 02B .0275(5)(f)) allows for a reexamination of the Consensus Principles, using a Division of Water Resources (DWR) approved evaluation process and presentation of the recommendations to the DWR and EMC; and WHEREAS, the UNRBA has followed the reexamination of the Rules process, secured the required approvals of the process by the DWR, and invested in a 10-year, $10 million study of the Falls Lake Watershed to establish a comprehensive assessment to revise the Rules; and WHEREAS, on September 20, 2023, the UNRBA Board of Directors approved the revised Consensus Principles II (see Exhibit A: Upper Neuse River Basin Association (UNRBA) Consensus Principles II to Guide Revisions to the Falls Lake Rules) for the readoption of the Rules, and requests that participating local government member jurisdictions that includes Person County, endorse the Falls Lake Consensus Principles II for the readoption of the Rules. NOW, THEREFORE, BE IT RESOLVED BY THE PERSON COUNTY BOARD OF COMMISSIONERS OF PERSON COUNTY, NORTH CAROLINA, THAT: The Person County Board of Commissioners hereby approves the Person County Resolution Endorsing the Upper Neuse River Basin Association Consensus Principles II for Revised Falls Lake Rules, with Exhibit A: Upper Neuse River Basin Association (UNRBA) Consensus Principles II to Guide Revisions to the Falls Lake Rules, endorses the Consensus Principles II that were adopted by the UNRBA Board of Directors, and recommends that the Department of Environmental Quality, Division of Water Resources, and the Environmental Management Commission use the Consensus Principles II document as guidelines in developing revised rules for Falls Lake. 152 Adopted this ___ day of ____________ , 2023, by the Person County Board of Commissioners. Person County Board of Commissioners _________________________________ Gordon Powell, Chairman ATTEST: _________________________________ Michele Solomon, Clerk to the Board 153 The UNRBA’s Recommendations for a Revised Falls Lake Nutrient Management StrategyOctober 16, 2023Person County Board of Commissioners MeetingFlat River during a high flow sampling event154 Upper Neuse River Basin (UNRBA)2•Members•Six counties•Seven municipalities•One water utility•Soil and water conservation districts•Active External Stakeholders •Agriculture•Environmental groups•Land conservation organizations•NC DEQ/DWR•NC DOT•NC DA&CS155 Falls Lake Designated Uses and Benefits •Provides drinking water for over 500,000 customers•Minimizes downstream flooding•Protects water quality downstream•Provides habitat•Provides regional recreational facility3156 Current Falls Lake Regulatory Framework (passed in 2011)•Regulates several different sectors from where nutrient pollution originates •Each sector owns part of the problem•Each sector must find and fund their own reductions in stages•Everything is quantified in pounds of nitrogen and phosphorus•Reduction targets are set for two stages•The second stage of the rules sets unrealistic targets (technically/logistically/financially)•There is an upcoming opportunity to redefine what will be required in the second stage and re-design the framework.4157 Stage I is Being Fully Implemented•Rules in place since 2012 to limit nutrient loading from developed sitesNew development•Stage I reductions have been metAgriculture•Exceeded Stage I reduction requirementsWastewater treatment plants (WWTPs)•Alternative investment-based compliance approach allows for full implementationExisting development5158 Stage II Rules Require Reexamination for Existing Lands•Stage II requires agriculture make further reductions to nutrient loading to Falls Lake•Agriculture in this watershed is mostly small family farms•Department of Agriculture and researchers at NCSU indicate limited additional opportunities to reduce loadingAgriculture•Stage II rules for existing development are not feasible and meeting them would not significantly reduce nutrient loading to Falls LakeExisting development6159 UNRBA Approach to the Re-examination of Stage IIScience-based approach to water resource management•Followed the requirements in the Rules and obtained DWR approvals•Collected four years of monitoring data in the watershed and the lake•Developed watershed model to understand sources of loading•Developing three lake water quality models to illustrate impacts on water qualityCollaborative approach to water resource management•Worked with other researchers and organizations to expand our knowledge base•Meeting with internal and external stakeholders to discuss recommendations7160 Key Findings from the UNRBA Studies8•75 percent of the watershed is natural, unmanaged land (like forests)•Nutrient loads to Falls Lake have been reduced significantly since 2006 (baseline year of rules)•Soils store and cycle nutrients for decades•Rainfall is key driver of nutrient loads •The designated uses of Falls Lake are being met (recreation, drinking water supply, aquatic life)•Water quality and algae levels in the lake are stable161 Implications for aRevised Nutrient Management Strategy•Additional large-scale nutrient load reductions are not achievable•Long-term nutrient management is most effective approach•Protecting forests and other natural areas is key to long-term management of Falls Lake•Collaborative action is needed to protect this resource and maintain uses•A Watershed Organization is recommended to coordinate activities and partnerships9Land conservation site; photo courtesy of Person County162 •Agriculture representatives•Environmental Groups•Local Governments•State agencies•Final draft UNRBA recommendations including a summary of the 10-yr monitoring and modeling effort are available at https://unrba.org/reexamination•A list of consensus principlesconsidered for endorsement by local governments and utilities this fall will guide development of revised rules for Falls LakeStakeholder Input Essential for Developing Recommendations10163 Principles for a Revised Strategy 11Surface waterGroundwaterSoilsOrganismsAtmosphereOne Watershed•Use the best science available•Set a realistic path•Include reasonable projects and activities •Allow for cost effective options•Promote conservation•Focus on watershed health164 Consensus Principles II121. Falls Lake needs to be protected2. Revised rules should be passed expeditiously 3. Focus on watershed health4. Incorporate adaptive management5. Investment-based, joint compliance6. Avoid requirements for natural areas7. Promote land conservation8. Establish a watershed organizationConsensus Principles II was approved by the UNRBA Board in September 2023. The next step is approval by local boards and commissions for formal submittal by UNRBA to the Division of Water Resources and Environmental Management Commission.165 Consensus Principles II139. Continue implementing new development rules with refinements10. Include requirements for new or expanded wastewater treatment plants (WWTPs)11. Optimize treatment performance and evaluate emerging technologies for existing WWTPs12. Allow investment credits for addressing poorly performing onsite wastewater treatment systems13. Avoid separate management plans for other impoundments in the watershed14. Expand list of eligible activities and potential partners15. Promote opportunities for equitable stakeholder participation16. Evaluate chlorophyll-a water quality standard and assessment methodology 166 Alignment with Person County’s Guiding PrinciplesGuiding PrinciplesAligned ConceptsCelebrate rural character and lifestyleEncourages partnering with agriculture and large land owners to help implement projects and activities including conservation of forests and other natural areas; Facilitate sustainable economic growth;Build a strong and vibrant communityContinues implementation of new development rule with refinements when needed; encourages public transportationStrengthen governmental coordinationIncludes projects and activities that focus on watershed health; uses an investment-based, joint compliance framework to improve water quality; allows local governments to implement projects considering multiple benefits to the community14Guiding principles are based on the 2021 Joint Comprehensive Land Use Plan for Roxboro and Person County167 •UNRBA Recommendations and Consensus Principles II•Local government approvals in October and November 2023•Final submittal in December 2023•UNRBA modeling reports submitted for review by DWR in December 2023•UNRBA begin coordinating with DWR on the Rules readoption process•Regulatory Forum in Spring 2024 regarding the Rules readoption process•Ongoing negotiation/coordination with DWR and stakeholders on rule language•DWR anticipates rules readoption by 2027Next Steps for Submittals to the NC Division of Water Resources and the Environmental Management Commission 15168 Additional Information•Comprehensive website -https://www.unrba.org/•General information website -https://upperneuse.org/•Reference documents•UNRBA Infographic•UNRBA Fast Facts•Overview of the Work of the UNRBA•Comprehensive UNRBA Monitoring Data Report •NC Collaboratory Falls Lake Study website -https://nutrients.web.unc.edu/resources/•UNRBA Recommendations for a Revised Nutrient Management Strategy: https://unrba.org/reexaminationForrest R. Westall, Sr.Executive DirectorEmail:forrest.westall@unrba.org16169 AGENDA ABSTRACT Meeting Date: October 16, 2023 Agenda Title: Options for Organization and Governance of Human Services Agencies Summary of Information: Kristi A. Nickodem, Robert W. Bradshaw Jr. Distinguished Term Assistant Professor of Public Law and Government at the UNC School of Government, will present information on the options for organization and governance of human services agencies in North Carolina. She will take and respond to questions during her presentation. This is an opportunity for the Board of Commissioners and the public to learn more about Person County’s current structure and factors to consider if the board were to contemplate moving to a different model in the future. Recommended Action: Receive presentation. Submitted By: Katherine M. Cathey, County Manager 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192