01-17-2023 Meeting Minutes BOC
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PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 17, 2023
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Brenda B. Reaves, 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, January 17, 2023 at 9:00am in the Person County Office
Building Auditorium located at 304 S. Morgan Street, Roxboro, NC.
Chairman Powell called the meeting to order and offered an invocation.
Commissioner Palmer led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell advised due to illness of the presenter that item #2, Vaya Health
Update and Dashboard Presentation should be removed from the agenda.
A motion was made by Vice Chairman Sims and carried 5-0 to remove the Vaya
Health Update and Dashboard Presentation from the agenda and to approve the agenda as
adjusted.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. Frank Stoltmann of 131 Rosewood Drive, Roxboro and a local residential
builder asked the Board the status of the permitting software, Energov, noting Person
County was the only county in this area that did not have online submission of permits. Mr.
Stoltmann stated his concerns related to the future of business in the County with his opinion
of a decline in residential homes being built or planned; he asked the Board what is being
done to bring new business to the county, and in particular, to the Mega Park.
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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. Budget Amendment #13, and
B. Written Decision Approving Special Use Permit Application SUP-01-23
Approving a Passive Recreational Park on +281.5-acres located at Tax Map and
Parcel No. A76 owned by Person County
NEW BUSINESS:
TELAMON/TRC NOTICE OF INTENT TO RE-APPLY FOR COMMUNITY
SERVICES BLOCK GRANT PROGRAM FISCAL YEAR 2023-24 APPLICATION
FOR FUNDING:
Jodi Springer, Career Advisor for the Community Service Block Grant (CSBG) with
Telamon Corporation provided an overview of the mission of the program was to increase
self-sufficiency among from program participants (age 18 years old and above) with the
goal of participants rising above poverty level. Ms. Springer said program funds were
primarily used for basic educational attainment, employment supported related expenses
such as books, day care, uniform costs as well as emergency assistance.
Latorya Carter, Program Manager for the CSBG program provided notice of intent
to re-apply for CSBG funding from the NC Office of Economic Opportunity for program
year 2023-2024. This funding will allow Project PRIDE to continue to provide support to
low-income residents in North Carolina counties of Caswell, Person and Rockingham who
are 125% of the Federal Poverty Level or below. The CSBG program application for
funding (planning process narrative) was included in the board agenda. Ms. Carter said the
CSBG funds requested was $304,725.
The Board extended its gratitude for what the CSBG was doing to assist individuals
in Person County.
AMENDMENTS TO THE ANIMAL SERVICES ORDINANCE:
Kelli Oakley, Animal Services Director presented to the Board amendments to the Animal
Services Ordinance. Ms. Oakley stated Person County Animal Services (PCAS) Board and
staff proposed to discontinue the Spay and Neuter Voucher Program. The voucher system
began as a way to offer low-cost spay and neuter services for adopted animals. Until
recently, when an animal was adopted through PCAS, they were issued a voucher for the
spay/neuter services that covered the costs of the surgery and either Feline Leukemia/FIV
testing or Canine Heartworm Testing. Ms. Oakley said the department primarily worked
with two local veterinary clinics to offer this service for adopters.
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Currently, the department works with four animal hospitals (two in Person County
and two outside of the county). Adoption fees are $150 ($50 of the fee covers the
vaccinations and services provided at the shelter and $100 is paid to the participating
veterinary clinics for the spay/neuter services).
Ms. Oakley stated due to ownership changes, the rising costs of supplies,
medications and the increasing veterinary staffing shortage nationwide, it has become
difficult for the veterinary practices to maintain this service and only receive $100 as
payment. All the hospitals recently requested that PCAS allow the voucher to still pay $100,
but that it only pays towards the costs of surgery, not the costs in full, requiring the adopters
to pay the remaining balance. The department agreed to this temporarily and communicated
that PCAS would revisit the voucher system. With this new process in place, PCAS have
only had one pet returned for inability to afford surgery, and this was still after providing
more resources to assist.
Along with the requests from the hospitals, PCAS received lots of feedback on the
adoption fees. PCAS adoption fees are much higher than most shelters in surrounding
counties, and it has begun to affect the number of adoptions. PCAS tested lower adoption
fees over the past 2-3 months and have seen a significant positive response from the public
and increased adoptions as a result.
Ms. Oakley proposed that PCAS discontinue the voucher system, and to
permanently reduce adoption fees ($50 or less). The adopters will still be required to have
the pets spayed or neutered within a specific time frame (currently three months due to
scheduling backups with veterinary practices), and PCAS will provide information on low-
cost options available in the area, if needed.
Ms. Oakley requested the Board to approve the proposed Animal Services
Ordinance amendment to discontinue the program and require adopters to complete
spay/neuter at a vet of their choice.
For the Animal Services Ordinance to be adopted at the meeting at which it is first
introduced, this ordinance must receive unanimous approval of the Board. If the ordinance
does not receive the unanimous approval, it shall be considered at the next regular meeting
of the Board at which time a majority of the votes cast will determine if the ordinance is
amended, as presented.
A motion was made by Vice Chairman Sims and carried 5-0 to approve the
amendments to the Animal Services Ordinance, as presented.
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REPORT ON THE NC UTILITIES COMMISSION CARBON PLAN ORDER:
Patrick Buffkin, Person County’s retained outside counsel was present to provide a
concise briefing about the NC Utilities Commission (NCUC) Carbon Plan Order and the
implication and options for Person County. Mr. Buffkin shared the following presentation
titled “Update on County’s Advocacy Efforts related to Duke’s Carbon Plan.”
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Mr. Buffkin stated this Board recognized the potential impacts to Person County and
has worked six to eight months to protect the County’s interest in recognizing these
generating plants represent significant investments, tax value, employment and ancillary
economic development features of the local economy noting that both Mayo and Roxboro
plants are key generation assets for Duke Energy providing reliable and economical power
for its customers.
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As Mr. Buffkin summarized, the County intervened and pursued three items: 1) to
extend the proposed closure dates for the Mayo and Roxboro coal-fired plants, 2) require
replacement generation assets to be located in Person County, and 3) provide community
support for those affected by the pending closures. Mr. Buffkin said the County’s requests
were not granted and the NCUC did not change the plants’ retirement dates nor provided
direction on the replacement generation other than requiring Duke Energy to assess retiring
plant sites for future generation. The NCUC did not require any community support but
directed Duke Energy to continue engagement.
Mr. Buffkin explained all parties to the proceeding have the option to appeal the
decision to the state Court of Appeals, which requires identifying an error of the law. Parties
also have the option to ask for reconsideration, which would require new evidence or a
changed circumstance.
Vice Chairman Sims asked Mr. Buffkin, if an appeal was filed, could that appeal
possibly extend the closure deadline for Person County’s coal plants. Mr. Buffkin said the
varying closure dates are based upon developing technology, i.e., small modular nuclear
and battery storage. Mr. Buffkin told the group that the General Assembly has given the
NCUC, should they recognize an opportunity for emerging technology and it takes longer
than expected, the ability to extend the carbon reduction deadline beyond 2030 however,
the NCUC declined to do that.
Was there sufficient evidence to support the Utilities Commission decision and/or
does the Order comply with policy and intent of the General Assembly are two other angles
for an appeal. County Attorney Ellis Hankins said the County may participate in any
proceedings should any other party appeals, however it is unlikely that any environmental
group that appeals would push for keeping the coal plants open longer than the proposed
closure dates. Mr. Hankins surmised that the coal fired plants will likely close sometime
around those dates as stated in the NCUC Order.
Mr. Hankins stated that he, Chairman Powell, Vice Chairman Sims and County
Manager Katherine Cathey have met with Duke Energy representatives and had a cordial
and productive discussion noting Duke Energy leadership has agreed to a follow-up
meeting.
Commissioner Palmer asked Mr. Buffkin for the timeframe for taking down the
plants to which Mr. Buffkin responded it was a long process, and estimated three to five
years. Mr. Hankins added that Duke Energy has tied up costs in the local power plants and
transmission infrastructure in the County and the Order contemplates the possibility of
converting some plants to natural gas power.
Mr. Buffkin noted that the Order requires Duke Energy to file a new proposal with
the UC by September 1, 2023 with a bi-annual review thereafter.
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Mr. Buffkin stated this public presentation was to inform the citizens on the current
status of the proceeding as Person County has very significant interests with Duke Energy
being a major employer and taxpayer.
The Board thanked Mr. Buffkin for his informative presentation.
CONSIDERATION TO SET THE LOCATION OF THE FEBRUARY 21, 2023
BOARD MEETING FOR THE ANNUAL RETREAT:
County Manager Katherine Cathey stated when adopting the Board’s 2023 Schedule
of Meetings, a location was to be determined for the Board’s February 21, 2023 meeting
that was set for the annual retreat. Ms. Cathey requested Board action to announce the
location of the Board’s February 21, 2023 annual retreat to be held in either the County
Office Building Auditorium or the Kirby Cultural Arts Main Hall (Upstairs area). The start
time of the meeting remains unchanged at 9:00am with a half-day agenda planned focusing
on the upcoming fiscal year budget and associated goals.
A motion was made by Commissioner Puryear and carried 5-0 to set the location for
the Board’s February 21, 2023 annual retreat to be held in the Kirby Cultural Arts facility
in the Upstairs Main Hall.
RETAINING LEGISLATIVE LOBBYING FIRM TO REPRESENT PERSON
COUNTY:
The NC General Assembly enacted HB 951 – Energy Solutions for North Carolina
in the 2021 session, and the Governor signed it into law (S.L. 2021-165). The act ordered
the NC Utilities Commission (NCUC) to hold hearings and issue a Carbon Reduction Plan
to retire Duke Energy coal fired plants in the near future to reduce carbon dioxide emissions
by target dates, with provisions for replacement generation and alternate energy sources.
County Attorney Ellis Hankins said the Board of Commissioners recognized the serious
implications and potential opportunities for Person County, and retained outside counsel to
represent the County’s interests actively in the NCUC proceeding. The NCUC issued its
Order on December 30, 2022.
Mr. Hankins noted there continues to be intense public interest in these issues, and
the legislative discussion is likely to continue in some form during the 2023 session of the
General Assembly. He further noted the Board previously directed staff to seek proposals
from legislative lobbying firms to represent Person County on issues directly and indirectly
related to the NCUC Order, including coordinating continued productive discussions with
representatives of Duke Energy and seeking legislative guidance about siting of replacement
generation in Person County and transition financial assistance. The Commissioners
understand that Person County needs to have a seat at the table in every discussion about
these issues that affect the future of the community.
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Mr. Hankins stated that 11 proposals were received; he along with the County
Manager Katherine Cathey and outside counsel Patrick Buffkin interviewed several firms
on January 11, 2023 to make best efforts to determine which firm is best able to work
productively with Duke Energy representatives on mutual interests, keep County officials
well informed about legislative developments and potential opportunities and threats, and
represent Person County effectively, acting ethically and in compliance with ethical
principles and applicable laws, without conflicts. Mr. Hankins presented to the Board for
consideration to authorize engagement of the recommended legislative lobbying firm, EQV
Strategic, and introduced Mr. Chris Wall, one of EQV Strategic’s Principals, present in the
audience.
Mr. Hankins said he sent to the Board a proposed agreement outlining the scope of
lobbying services from EQV Strategic.
A motion was made by Vice Chairman Sims and carried 5-0 to approve the
agreement to authorize engagement of the recommended legislative lobbying firm, EQV
Strategic, with Chris Wall as the firm representative for Person County.
Mr. Wall said he has gotten up to speed on the challenges facing Person County and
understands the needs going forward and appreciative of being a part of the team to help
address those challenges.
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CHAIRMAN’S REPORT:
Chairman Powell reported he recently attended a VAYA Region 4 meeting in
Burlington as well as joined Commissioner Thomas and County Manager Katherine Cathey
in a training session and a Martin Luther King, Jr. event.
MANAGER’S REPORT:
County Manager, Katherine Cathey reported that the state’s Great Grant project was
moving forward with expanding broadband by sending the agreement templates to ZiTel
and Person County in the next week or so.
Ms. Cathey said she was working with staff in the development services departments
to evaluate the progress made since the Board had an update as well as identify
improvements needed for those processes to provide a high-level of customer service with
another update for the Board in the next month or so including an update on the Energov
software system.
Ms. Cathey stated the Inspections Director Dale Tillman and Recreation, Arts and
Parks Director John Hill are working with the contractor of the cargo lift at the Kirby to
evaluate and determine any issues with the installation resulting in any restrictions.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims requested a report on the permitting process as well as the
online system by the Board’s next meeting. He commented that the EDC was working
diligently to get someone at the Mega Park site noting it just takes time.
Commissioner Palmer had no report.
Commissioner Thomas thanked County Manager Katherine Cathey and Chairman
Powell for going with him to the training at the UNC School of Government.
Commissioner Puryear asked for a presentation on the status of the permitting
software, Energov, for implementation.
CLOSED SESSION #1
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session #1 at 9:58am per General Statute 143-318.11(a)(3) for the purpose to consult with
an attorney employed or retained by the public body in order to preserve the attorney-client
privilege between the attorney and the public body, which privilege is hereby
acknowledged; the following individuals are permitted to attend: County Manager
Katherine Cathey, Clerk to the Board Brenda Reaves, County Attorney Ellis Hankins,
Retained Attorney Patrick Buffkin and Retained Lobbyist Chris Wall.
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Chairman Powell called Closed Session #1 to order at 10:10am.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 10:34am.
A motion was made by Vice Chairman Sims and carried 5-0 to recess the meeting
at 10:36am.
Chairman called the meeting back to order at 10:47am for the joint session with the
Economic Development Commission.
JOINT SESSION WITH ECONOMIC DEVELOPMENT COMMISSION:
The purpose of the joint session with the Economic Development Commission (EDC) will
be for a motion to enter Closed Session #2 discussion of matters relating to the location or
expansion of industries or other businesses in the area served by the public body, including
agreement on a tentative list of economic development incentives that may be offered by
the public body in negotiations per General Statutes 143-318.11(a)(4) with the following
individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board
Brenda Reaves, County Attorney Ellis Hankins, Interim Economic Development Director
Brandy Lynch, and members of the EDC: Merilyn Newell, Phillip Allen, Jody Blackwell,
Donald Long, Jay Poindexter, Sherry Clayton, Scott McKinney, Kenneth Perry as well as
ex-officios, Brooks Lockhart, Dr. Claudia Berryhill, Dr. Pamela Senegal, Dr. Rodney
Peterson and representatives of an industry or business prospect.
CLOSED SESSION #2
A motion was made by Vice Chairman Sims and carried 5-0 to enter Closed
Session #2 at 10:49am for discussion of matters relating to the location or expansion of
industries or other businesses in the area served by the public body, including agreement on
a tentative list of economic development incentives that may be offered by the public body
in negotiations per General Statutes 143-318.11(a)(4) with the following individuals
permitted to attend: County Manager Katherine Cathey, Clerk to the Board Brenda Reaves,
County Attorney Ellis Hankins, Interim Economic Development Director Brandy Lynch,
and members of the EDC: Mayor Merilyn Newell, Phillip Allen, Donald Long, Jay
Poindexter, Sherry Clayton, Scott McKinney, Kenneth Perry and representatives of an
industry or business prospect.
Chairman Powell called the Closed Session #2 to order at 10:49am.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:52am.
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CLOSED SESSION #3
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session #3 at 12:04pm per General Statutes 143-318.11(a)(4) for the purpose of discussion
of matters relating to the location or expansion of industries or other businesses in the area
served by the public body, including agreement on a tentative list of economic development
incentives that may be offered by the public body in negotiations and 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 the price and other material
terms of a contract or proposed contract for the acquisition of real property by purchase,
option, exchange, or lease with the following individuals permitted to attend: County
Attorney Ellis Hankins, County Manager Katherine Cathey, Clerk to the Board Brenda
Reaves, Interim Economic Development Director Brandy Lynch and Tax Administrator
Russell Jones.
Chairman Powell called Closed Session #3 to order at 12:04pm.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 12:38pm.
ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting
at 12:39pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman