10-16-2023 Meeting Minutes BOC
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 16, 2023 MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims Michele Solomon, Clerk to the Board Kyle W. Puryear S. Ellis Hankins, County Attorney
Charlie Palmer Jason Thomas
The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, October 16, 2023 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. Commissioner Sims offered an invocation and Commissioner Puryear 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 as adjusted with the deletion of Closed Session #2.
INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Theresa Matthews of 788 Huff Garrett Rd, Roxboro spoke on matters related to broadband and fiber optic internet accessibility. Matthews advised she is also here on behalf
of her neighbors, Robert Leeds of 175 Hidden Hills Rd, Tamara Finn of 61 Hidden Hills Rd, Sherrie Westbrooks of 293 Hidden Hills Rd, John Penne of 11 Hidden Hills Rd, Virginia Kline of 954 Huff Garrett Rd, and Tracey Simpson of 920 Huff Garrett Rd. Matthews stated on October 9, Jeffrey Brooks of the Broadband Infrastructure Office at the NC Department of Information Technology, informed her that her address was currently not listed in the
Broadband Grant Program eligible area. She stated she is crippled with slow DSL internet at a mere 8 megabits per second. Matthews stated that in review of the Boards’ October 3, 2022 meeting, it is her understanding that Person County allocated $2.75 M to address the rural internet inequities that exist. Matthews stated that high-speed internet access is no longer an amenity but a necessity to all. Matthews stated the COVID era has redefined the
workforce and school settings. Matthews stated that she is appealing to the Board to include her subdivision, Olive Hills, for fiber optic internet. Elizabeth Bradsher of 976 Estate Rd, Roxboro spoke on matters related to foster care and Person County Department of Social Services. Bradsher stated that there are
approximately 90 children currently in Foster Care in Person County, with only 10 Foster Care Families to assist. Bradsher stated that there needed to be an investigation into the mismanagement and practices of Person County DSS. Bradsher stated that it is her belief,
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upon information received, that there is a problem of cronyism, leading to corruption and
mismanagement at DSS.
Bradsher stated that if you investigate DSS, you would see the potential relationships that are within the organization. Bradsher stated that former Commissioner PJ Gentry uncovered this issue 2 years ago, with no action taken. Bradsher suggested to the Board, the need for an independent DSS Management Auditor, which could provide a report to review
the practices, management, HR, and positions at DSS. Bradsher advised a coalition is
forming in Person County and outreach is taking place. Bradsher provided recent national headlines on foster care children. Bradsher stated that a child’s life is like a piece of paper, on which every person leaves a mark.
Sabrina Verrier of 4196 Oxford Rd, Roxboro advised that she is a foster parent in
Person County. She spoke on matters related to Person County DSS. Verrier stated she experienced many issues with Person County DSS, to include legal issues, the process of foster care, and the lack of communication from employees and Director Carlton Paylor. Verrier stated all children, biological parents and foster parents in the system experience
ambiguous loss, defined as, grieving someone that is still living which is a different form of
grief than when someone you love dies. Verrier stated she is asking for transparency and change. Verrier stated the potential of adding people such as herself and Ms. DeYoung to a new board, as they are willing to help, and are uniquely positioned to see the sides that they do not see.
Faye Castaneda of 921 Streets Store Rd, Roxboro advised that she is a neighbor of the DeYoung Family, who has had issues with Person County DSS recently. Castaneda stated that she fully supports the DeYoung Family with the issues surrounding DSS. Castaneda stated that it breaks her heart to see the boys with a mother they do not know.
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 October 2, 2023,
B. Budget Amendment #9, C. Animal Services Fee Schedule Amendment, D. Consideration of Approval of Late Exemption Tax Applications, and E. Tax Adjustments for October 2023 a. Tax Releases
b. NC Vehicle Tax System pending refunds NEW BUSINESS:
RESOLUTION OF SUPPORT FOR THE UPPER NEUSE RIVER BASIN ASSOCIATION (UNRBA) CONSENSUS PRINCIPLES II TO GUIDE REVISIONS TO THE FALLS LAKE RULES
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Planning and Zoning Director Chris Bowley introduced Forrest Westall,
Executive Director of the UNRBA. Mr. Westall shared the following
presentation.
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Commissioner Palmer stated that he was a member of a fishing club in the 80’s
and 90’s and fished Falls Lake. Palmer stated the lake and shorelines that he encountered
were very shallow. Palmer stated in the past, the lake had a lot of contamination by septic tanks and human waste. Palmer had concerns about when the summer months come around that the water levels will decrease, and questioned if there were any thoughts on digging the lake deeper around the shoreline and dredging it. Westall responded by saying
that there have been discussions of dredging and digging the lake deeper. Westall stated it
would definitely help and improve the lake, and that it could be done if someone funded this project. Westall stated he has been involved in the Federal Clean Water Act, which has a clean lakes provision, and they dredged out a bunch of small lakes to improve them; however, the cost is extraordinarily high. Westall stated the biggest problem is what to do
with the stuff you dig out, as most of it is done with a hydraulic dredge. Palmer asked if
the lake is Raleigh’s main source of water to which Westall responded yes, it is Raleigh’s main source of water supply. Palmer stated there is a lot of money in Raleigh. Westall stated that 40-50% of funding for the UNRBA comes from Raleigh. Westall advised that Falls Lake is a drowned river and not a natural lake. Westall stated an extensive study had
been completed for the bottom of Falls Lake to include, the depth of the sediments, and
the depth of the lake. Westall stated the study provided a good picture of the shallow areas of the lake, with the deepest section below Highway 98. Westall stated that it would have been better to dredge the lake at the time it was built, but that did not happen. Vice Chairman Sims stated that he grew up on the lake; he was there when the
dam was built, and his family owned land that was flooded and dealt with the Corps of
Engineers, who were not easy to work with. Sims stated that it was a great thing when they put the lake in, but as Commissioner Palmer stated, it is a shallow lake. Sims stated that he has seen boats run there props up on stumps, and has seen accidents by people thinking they are in 10 feet of water yet actually only in 2 feet of water. Sims stated that it
is a dangerous lake, especially if you do not know the lake, which is compounded by its
being a flooded river. Sims stated development and subdivisions around the lake have increased and the run off has to go somewhere. Sims stated in his opinion the run off has to go to Falls Lake. Sims stated here in Person County we are handcuffed so to speak with some of the regulations they put in place, when it is areas such as Raleigh, Durham, and
Chapel Hill polluting the lake not Person County. Sims stated that he would like to see
less restrictions and regulations here in Person County, but that is going to take the Legislature and the Corps of Engineers. County Attorney Hankins stated that his first legal job was a legal intern for the Corps of Engineers, in Wilmington, helping to acquire the land for what became Falls
Lake. Hankins stated years later, he stood in the General Assembly, representing
municipalities, and worked with the regulators in reference to issues with watershed protection law, phosphorous detergent ban, water supply, stormwater utility fee bills, and planning law. Hankins stated the municipalities kept telling the Legislature, the department in developing rules, needed to address water pollution and nutrient
contribution issues, and the need to be focused on science-based rules to apply the rules to
everyone fairly, with no unachievable requirements. Hankins stated local governments, throughout the Upper Neuse River basin have come together to address issues cooperatively and responsibly.
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Hankins stated he commends the resolution and consensus principles to guide
revisions to the Falls Lake rules and feels it is in Person County’s interest.
Chairman Powell stated that the County looks to Mr. Westall and the UNRBA as well as the local Planning Director to protect and look out for the best interest of the people of Person County. Powell stated Person County had been enormously impacted by the stormwater rules and regulations. Powell stated that he values the rural farmland here
in Person County. He stated the farmers are in tune with the nutrient levels they put out
with their cropland, and are being good stewards of the land. Powell stated this is important to economic growth moving forward. He stated the County is blessed to have three watersheds in Person County, however it is also cursed by the Upper Neuse, which is an important issue facing Person County. Powell advised he has read over the resolution,
and hopes it will be effective to Person County. He asked about re-visiting this in the
future. Westall replied that it needed to be included in the rules. He stated that it needed to be a requirement and make sure that the State pays for its portion. Westall stated Person County UNRBA contributions paid for the ten-year study, which is unprecedented as it is not typical for local governments to pay for the study. Powell stated that the State should
be taking care of this and not the local taxpayers. The UNRBA and the watershed
organization needed to work with the State to do an evaluation every five years with a big evaluation in twenty-five years, as you need to evaluate the watershed as it changes. Westall stated that Person County has one vote, as does Raleigh with the UNRBA. Westall stated that Raleigh has complained about the money they have put in, to which he
advised them, they needed to stay in. Westall stated that his job was to represent everyone
that is a member of the UNRBA equally. Westall stated Planning Director Chris Bowley, attends the UNRBA meetings, and urged the only way to stay involved and engaged is to attend the meetings. Westall advised he has been with the UNRBA for twelve years and hopes to see new rules adopted.
Commissioner Puryear stated that he hopes some good will come out of this.
Puryear stated that when the watershed first started and was introduced by Jim Wrenn, the County fought it as long as they could and voted against it. Puryear stated by that time it was State regulated and the County was to be fined $25K a day until they came into compliance. Puryear stated that he valued the work Westall has done, and hopes that we
can ease the burden on Person County taxpayers.
A motion was made by Commissioner Puryear and carried 5-0 to approve the Resolution of Support for the Upper Neuse River Basin Association Consensus Principles II to Guide Revisions to the Falls Lake Rules.
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OPTIONS FOR ORGANIZATION AND GOVERNANCE OF HUMAN SERVICES AGENCIES County Manager Katherine Cathey introduced Kristi Nickodem, Robert W. Bradshaw Jr. Distinguished Term Assistant Professor of Public Law and Government at UNC School of Government. Ms. Nickodem shared the following presentation.
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• Currently, 30 counties have consolidated human services agencies. 29 of those
agencies include both public health and social services (Cabarrus County includes
social services, but not public health). Some include a variety of other services as
well, such as veterans’ services, aging and adult services, transportation, or
domestic violence/rape crisis services.
• Of the 30 counties with a consolidated human services agency, 16 counties have
appointed CHS boards, while 14 counties have consolidated human services
agencies that are governed directly by the BOCC.
• In 25 counties, the Board of Commissioners has abolished the appointed DSS
board and now acts as the governing board for social services. In 11 of those
counties, they are governing a standalone DSS. In 14 of those counties, the county
has also created a CHSA, so the BOCC is acting as the governing board for the
CHSA.
• In 17 counties, the BOCC acts as the governing board for public health. In 4 of
those counties, they are governing a standalone health department. In 13 of
those counties, the county has created a CHSA, so the BOCC is acting as the
governing board for the CHSA.
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The vast majority of counties have retained traditional organization and governance
structures, despite lots of experimentation and changes. But the highest population
counties have largely opted to form CHSAs.
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Commissioner Palmer provided statistical information of job postings and vacancies
at DSS spanning from February 2022- October 2023. Palmer stated based on the information he received from Person County HR department; there have been 49 job postings for positions at DSS during the past 18 months. County Manager Cathey clarified that each job posting does not necessarily signify an employee has left resulting in creating a vacancy.
Cathey advised that DSS does have a higher employee turnover rate. Cathey stated that
some positions are duplicate and re-posted due to not being filled. Cathey stated that some of the positions are from promotions within the organization, therefore creating a vacancy, or from newly approved positions. Cathey advised she would follow up to the Board with numbers from people leaving the organization.
Vice Chairman Sims stated it is a tough job to have with the DSS. Sims stated it is
definitely not an easy job, and you hear more negative than positive. He stated he appreciated the presentation and found it to be informative. Sims stated it would aid the Board on options they have to make a determination on what is best for Person County, and how to proceed.
Chairman Powell stated that this situation is extremely important. Powell stated that
the majority of DSS population cannot help themselves and we need to intervene, particularly for the children. He asked Nickodem for clarification on board structure and consolidation as well as employee structure due to SHRA. Nickodem clarified structure and consolidation of boards and employee structure. Powell expressed thanks to Nickodem for
providing an informative presentation.
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Sims had questions relating to funding and legal issues. Nickodem advised there
would be no changes in the funding as well as no changes on how situations would be
handled legally if the governance or organizational structure changes. Hankins spoke on the legal aspects of the CHSA and stated that it does not change the entire scope of liability, as the County could still be named as a Defendant, if a lawsuit were to be filed. Sims had concerns in reference to timeline, if the Board chooses to move forward with consolidation.
Nickodem stated it would depend on the County as to how quickly they choose to move
forward. Commissioner Puryear thanked Nickodem for her informative presentation and for her explanation of the different options associated with consolidation. Puryear had questions as to the composition of the CHSA Board. Nickodem clarified the CHSA Board
composition and structure.
CHAIRMAN’S REPORT: Chairman Powell reported the following:
• Attended the Airport Committee Meeting and advised it was productive, there were discussions referencing the runway extension project, and construction of a new terminal.
• On-site visit and meeting at the Mega Park with a prospect at their request. The property owner was asked to attend; however, they were not present.
• He and the County Manager attended an EQV Zoom Meeting regarding legislative updates on the newly adopted budget and how it might impact Person County.
• Attended Duke Energy Zoom Board Meeting. Powell stated Duke Energy interviewed him and the primary question asked was, how has Duke Energy impacted Person County. Powell stated Person County is where they are economically today because of Duke Energy’s presence over the past six decades,
and looks forward to continuing to work with Duke Energy with the possibility of the proposed combined cycle plant in Person County. MANAGER’S REPORT: County Manager Katherine Cathey reported that the Charters of Freedom Dedication Ceremony would be November 2 at 4 p.m., and is open to the public. Cathey advised the Foundation Forward organization would be providing promotional material for the event. Cathey stated the 2025 Tax Re-Appraisal has begun, and will take approximately 16 months to complete. She advised the first step would be updating photos of properties. She
advised that the Tax website has been updated to reflect pictures of the appraisers and the vehicles they would be driving. Cathey provided a broadband update. She stated that Charter is completing projects within the County with federal funding they received. Cathey stated Zitel received one of the GREAT Grant Awards from the State, they are still in the engineering phase for their
project, and we hope to see them starting soon. She stated Brightspeed received the second GREAT Grant Award from the State, the County has signed an agreement with them, and they should be starting their project soon.
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Cathey stated the next phase is the CAB Program through the State, Completing
Access to Broadband, and the County is eligible for $8M from the state in the first year of
this program. She advised the County has $2.5M in ARPA funding to use towards broadband expansion. Cathey stated the next step would be for County staff to work with staff at the State level to create a map of eligible addresses within Person County. Once completed, the map would be released to the providers to respond with proposals for serving
those addresses. She stated the criteria for identifying eligible addresses would be different
from the criteria used with the other grant-funded programs. Cathey stated in those cases, only addresses that were deemed unserved by the criteria could be eligible for the grant award. She stated that those definitions have evolved, and would be seeking to serve unserved as well as underserved addresses with the CAB Program. Cathey advised that this
would open up many more addresses that are eligible. She stated that the objective is to
reach as many addresses as possible through this next round of funding, then ultimately working towards serving 100% of the population of Person County. COMMISSIONER REPORT/COMMENTS: Vice Chairman Sims reported that he attended and worked the Personality Festival
and the Concert in Uptown Roxboro. Sims stated the event was successful, the weather was great, and there was a huge turnout from the community, possibly the biggest festival yet. Commissioner Palmer thanked Vice Chairman Sims for helping with the Personality
Festival.
Palmer reported that he met with Person County Tourism Development Authority Executive Director Julie Maybee and stated that she is a pleasure to work with and we are lucky to have her. Palmer reported that Chandler Concrete donated the concrete pads for the Charters
of Freedom at Huck Sansbury Complex.
Commissioners Puryear and Thomas had no report.
CLOSED SESSION #1 A motion was made by Commissioner Sims and carried 5-0 to enter into Closed Session #1 at 10:52 a.m. 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. Chairman Powell called the Closed Session #1 to order at 10:56 a.m.
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A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:34 a.m.
ADJOURNMENT: A motion was made by Commissioner Sims and carried 5-0 to adjourn the meeting at 11:34 a.m.
_____________________________ ______________________________ Michele Solomon Gordon Powell
Clerk to the Board Chairman