02-06-2023 Meeting Minutes BOC
February 6, 2023
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PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 6, 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, February 6, 2023 at 7:00pm in the Person County Office
Building Auditorium located at 304 S. Morgan Street, Roxboro, NC.
Chairman Powell called the meeting to order. Vice Chairman 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.
RECOGNITION:
A PROCLAMATION CELEBRATING 100 YEARS OF ROXBORO SAVINGS
BANK:
Chairman Powell read a Proclamation Celebrating 100 Years of Roxboro Savings
Bank noting he would also present this Proclamation at their Centennial event on February
14, 2023.
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PUBLIC HEARING
PERSON COUNTY FIRE PREVENTION AND PROTECTION ORDINANCE:
A motion was made by Vice Chairman Sims and carried 5-0 to open the duly
advertised public hearing for consideration of a Person County Fire Prevention and
Protection Ordinance.
Fire Marshal Adam Morris noted that at the Board’s January 3, 2023 meeting, the
Fire Marshal introduced a proposed Fire Prevention and Protection Ordinance which
outlines and authorizes the duties of the Fire Marshal’s Office and explains procedures for
enforcement of fire codes, inspection frequency, civil penalties, false fire alarms, open
burning, permits, Knox Boxes and response to hazardous materials incidents.
At this time, the only documentation on file with the Office of the State Fire Marshal
is a letter, dated August 12, 1992, which lists the frequency of conducting various types of
inspections. Person County also has in place a False Fire Alarm Ordinance and a Resolution
Authorizing the Fire Marshal to Implement a Local Burn Ban. The proposed ordinance
incorporates each of these documents and defines how the Fire Marshal’s Office carries out
its work in accordance with State and Federal regulations and local expectations. Upon
approval by the Board of Commissioners, the new ordinance will be submitted to the NC
Building Code Council for consideration at their June 2023 meeting per NC General Statue
143-138 (e). In the absence of approval by the NC Building Code Council, or in the event
that approval is withdrawn, local fire prevention codes and regulations shall have no force
and effect.
The Board of Commissioners, at its January 3, 2023 meeting, called for and
instructed staff to advertise for a public hearing to hear public comments on this matter. Mr.
Morris stated the ordinance was advertised in the paper and county website noting to date
he has not received any calls or had questions.
Mr. Morris reiterated to the group that open burning was allowed for yard trimmings
only, i.e., natural vegetation; he said campfires and burn pits are allowed as long as it is
natural vegetation and not trash. He added outside wood stoves are fine. Mr. Morris said
the ordinance would provide enforcement of illegal burning such as trash, building
materials, tires (anything other than natural vegetation). Mr. Morris stated surrounding
counties have in place a similar ordinance. In Person County, Mr. Morris said there have
been 37 cases in the last ten years with 32 of those being residential and three of those
occurring since this item was introduced in January. Mr. Morris noted this ordinance
provides an opportunity and need to educate the citizens at a first incident, with a warning
letter upon a second incident with a fine thereafter.
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Mr. Morris referenced NC General Statute that state no local fire prevention codes
nor regulations shall be effective until officially approved by the NC Building Code
Council; he stated once the ordinance was approved by the Board, he would then submit for
approval by the NC Building Code Council, which he anticipated would be in June 2023.
For this reason, Mr. Morris requested the Board to adopt the proposed Fire Prevention and
Protection Ordinance, effective July 1, 2023. Mr. Morris also requested upon the effective
date of July 1, 2023, that the Board repeal the existing False Fire Alarm Ordinance as well
as the Resolution Authorizing the Fire Marshal to Implement a Local Burn Ban noting these
are incorporated within the new proposed ordinance.
Commissioner Puryear requested clarification that a burn permit would not be
required to burn leaves or to have a recreational fire to which Mr. Morris affirmed.
Chairman Powell asked if the county was non-compliant; Mr. Morris responded the
county was not in compliance with illegal burning noting without an ordinance, he was not
able to enforce such illegal burning incidents but would use the opportunity to educate the
public.
Mr. Morris updated the Board that one change in the proposed ordinance was needed
in Chapter 10.9 for Guidelines for Open Burning. He said the first bullet would be modified
to read YARD TRIMMINGS ONLY (leaves, limbs, grass, vines, etc.) noting the language
to be removed was “must originate at a private residence and be burned on that site” due to
the state now allowing tree companies/landscapers to transport such yard trimmings to be
burned at another site.
Speaking in favor of the Person County Fire Prevention and Protection Ordinance
was the following:
Mr. Bob Brauer of 1 Bobwhite Rd., Roxboro and Chair of the Person County
Environmental Issues Advisory Committee stated support of the Fire Prevention and
Protection Ordinance, and specifically, enforcement of illegal burning of trash noting
modern packaging contains toxic chemicals that when burned are released into the
atmosphere causing air pollution. and The remaining fire residue can leach into groundwater
supply and deplete the soil. Mr. Brauer said the prohibited open burn items should be
disposed of in the landfill and preferably any items that can be recycled through the
recycling center. He asked the Board to approve the proposed ordinance to avoid further
delay for enforcement of such illegal open burning.
There were no individuals appearing before the Board to speak in opposition to the
Person County Fire Prevention and Protection Ordinance.
A motion was made by Vice Chairman Sims and carried 5-0 to close the public
hearing for consideration of a Person County Fire Prevention and Protection Ordinance.
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CONSIDERATION TO ADOPT A FIRE PREVENTION AND PROTECTION
ORDINANCE:
A motion was made by Commissioner Palmer and carried 5-0 to adopt a
Fire Prevention and Protection Ordinance with an effective date of July 1, 2023 contingent
upon approval of the NC Building Code Council, and, upon the July 1, 2023 effective date
of the Fire Prevention and Protection Ordinance, to repeal the existing False Fire Alarm
Ordinance and the Resolution Authorizing the Fire Marshal to Implement a Local Burn Ban,
as presented by the Fire Marshal.
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INFORMAL COMMENTS:
Chairman Powell announced each speaker would have two minutes each.
The following individuals appeared before the Board to make informal comments:
Mr. Dan Oldman of 750 Weaver Dairy Rd., #249, Chapel Hill, and a Republican
member of US House District 4, spoke on climate changes brought on by human
development. He noted, consistent with economic development, competitiveness and jobs,
a clean economy must effectively use a mix of renewables, nuclear, and fossil fuels. He said
he was speaking in the positive for item #5 on the agenda for Cypress Creek Renewables.
Ms. Carol Carter of 280 Clay Long Rd., Hurdle Mills stated opposition of placing
permanent or semi-permanent furniture in the auditorium as it would be prohibitive to
groups such as the Bee Keepers, Cattleman’s Association and Farm Bureau who use the
auditorium space, sometimes once a month, to not have full use of the entire room.
Mr. Jimmie Whitfield of 699 Charlie Reade Rd., Timberlake urged the Board not to
restrict citizens’ time to address the Board. He also thanked the Board for its hard work on
the County’s Solar Farm Ordinance and advocated to follow the existing ordinance and not
consider larger scale solar farms as they tie up farmland or forestland for a long time without
knowing the result.
Mr. Paul Lynch of 395 Union Grove Church Rd., Hurdle Mills spoke on the vital
importance of maintaining the County’s solar use ordinance in its current form. Mr. Lynch
referenced the presentation on the agenda to modify the current ordinance or to do a new
ordinance to allow projects over ten times the size of what is currently allowed; he asked
the Board to consider the costs of allowing large solar companies to come into the county
with their vast projects to change the character of Person County. Mr. Lynch asked the
Board to not consider modifying the current solar ordinance to suit this application.
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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. Approval of Minutes of January 3, 2023,
B. Approval of Minutes of January 17, 2023,
C. Budget Amendment #14,
D. Person County Health Department Fee Request for the administration of the
COVID-19 Pfizer Bivalent Vaccination for ages 5-11,
E. Report of Unpaid 2022 Taxes,
F. Advertisement of Unpaid Real Estate 2022 Taxes,
G. Tax Adjustments for February 2023,
a. Tax Releases
b. NC Vehicle Tax System pending refunds
H. Resolution Supporting Compression Increases for Division of Juvenile Justice and
Delinquency Prevention Detention and Youth Development Center Staff, and
I. Teens Space Initiative State Library EZ Grant Application
NEW BUSINESS:
CYPRESS CREEK RENEWABLES AND PERSON COUNTY:
Chairman Powell stated that the presentation before the Board by Cypress Creek
Renewables was for information only and that no action would be taken at this meeting.
Harrison Cole with Cypress Creek Renewables said the company was founded in
2014 and has offices in Durham and Asheville. Mr. Cole provided the following
presentation on how solar energy and Person County could potentially work together for a
renewable energy source.
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Chairman Powell asked Mr. Cole if any of the solar projects were constructed and
later sold to other solar companies to which he affirmed there were none sold to other solar
companies however, some were sold to Fortune 500 companies, i.e. Apple, Amazon.
Chairman Powell asked Mr. Cole to clarify what a handful of permanent jobs would
mean to Person County to which Mr. Cole stated for a facility of this size, there would be
an office space onsite housing 2-3 people in Person County to maintain operation of the
plant, with potential additional jobs based out of their Durham office. Mr. Cole stated
Cypress Creek Renewables would work local contractors.
Commissioner Puryear asked about the process of any application received
including a public hearing. County Attorney Ellis Hankins stated any amendments to the
existing ordinance would be considered in the Board’s sound legislative discretion.
If any one or more commissioners are interested in offering or considering
amendments, Mr. Hankins said it was a straight-forward legislative matter. Mr. Hankins
said that when any company files an application for land use approval, there are two options:
1) to seek a special use permit or 2) make a legislative conditional district zoning request.
Mr. Hankins reminded the Board that the special use permit proceeding was a quasi-
judicial matter whereby the Board may only consider evidence that is offered in support of
that application in that public hearing. He added this informational presentation would not
be considered, only what was heard as evidence in that public hearing.
Mr. Hankins said there was no requirement that the Board consider any amendments
to the ordinance.
Commissioner Puryear said the Board worked hard establishing the current Solar
Energy System Ordinance and he was very happy with it.
Mr. Hankins stated the recent Carbon Plan Order issued by the Utilities Commission
has significant mentions of alternative energy sources, including solar. He said he has asked
the question twice to knowledgeable people whether in any way, the relative restrictive solar
farm ordinance in Person County was an obstacle to conversion of those two existing Duke
generation plants and so far, the answer has been no. He added that if he hears any indication
that the solar farm ordinance as currently written is somehow or in any way a hindrance to
the conversion of those plants, he would inform the Board of Commissioners.
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PERMITTING PROCESS UPDATE:
County Manager Katherine Cathey presented the following Permitting Process
Update:
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Inspections Director Dale Tillman, Mark Duncan, co-owner of Legacy Building
Company, LLC and Senior Code Enforcement Officer Dan Lawrence provided a public
demonstration of the Energov customer self-service (CSS) portal, a system for customers to
submit permit applications online for Environmental Health and Inspections. Customers
may also submit payment, correspond with staff, update information, and track the status of
their application through the web-based portal. Planning & Zoning is in the process of
configuring their processes in the CSS portal with an anticipated completion date of March
1, 2023. Departments are issuing permits and accepting payments through Energov.
Bonnie Holt, Environmental Health Specialist explained the obvious bottleneck in
her department related to the fieldwork that takes the longest to review, mainly due to
staffing issues. She added, that the issues they are experiencing was happening statewide
and that new legislation has been passed allowing A2 soil scientists, EOP engineer, and
AOWB positions as options with a shorter turnaround and a higher cost as a way to help
with the backlog. She noted she informs applicants of all the options available and further
noted staff do work extended hours and one part-time staff member works on the weekends.
Mr. Tillman stated many issues have originated with the Energov software, i.e., new
upgrades to the system and lack of customer service. He noted the County has much
invested into getting this system customized to the needs for all the departments using the
system.
Chairman Powell stated the delays are not about the hard working staff and he
appreciated the permitting process update. He said commissioners hear from the other side
and if the software company was not meeting its expectations of staff that Tyler
Technologies should hear about that prior to the next contract renewal. Mr. Tillman said
the original contract was a 3-year contract and a new contract renewal would be due this
year.
CHARTERS OF FREEDOM:
County Manager Katherine Cathey reminded the Board that on July 18, 2022, David
W. Streater, PhD, Education Director with Foundation Forward presented a proposal to the
Board of Commissioners to build a replica of the Charters of Freedom in Person County.
Foundation Forward’s mission is to build replicas of the Charters of Freedom across the
United States, synonymous with the originals, in the National Archives in Washington, DC.
The founding documents include the Declaration of Independence, the United States
Constitution, and the Bill of Rights. The scope of the project is to design and build replicas
that are central and open to the community 24/7, with high visibility, voluminous foot
traffic, and easy access for schoolchildren, veterans and all others. The displays are
engineered and built to last 300-500 years with all documents made to original size etched
in bronze, each weighing 60 pounds and covered by engineered industrial viewing glass.
The middle display measures 4’x16’ and each side display measures 4’x4’. Also included
with the displays is a vault with a time capsule sealed inside to be opened on Constitution
Day, Sept. 17, 2087.
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Ms. Cathey noted the Board voted to move forward with selecting a location and
entering into a letter of agreement to begin the process. The following sites in Person County
were evaluated: 1) the Person County Courthouse, 2) Huck Sansbury Recreation Complex,
3) the Person County Veterans Memorial Park and 4) the Museum of History campus. Ms.
Cathey said the Huck Sansbury Park site was identified as the ideal location due to its
location, accessibility, and visibility.
Foundation Forward considers the Charters of Freedom settings to be a gift to the
county from Foundation Forward, however Ms. Cathey said there would be expenses
incurred by the county. At a minimum, the county will be responsible for site preparation
to include removal of existing sign, monument, shrubs, and sidewalk and ensuring the site
is level and free of standing water. The county will then be responsible for ensuring the site
is accessible by restoring the sidewalks. Adding electricity, landscaping, benches, etc. to
enhance the area will be at the county’s expense.
Project Components Estimated County
Expenses
Site preparation (clearing, grading and relocation of existing
features) $5,000
Reconstruction of accessible approach and construction of apron
around settings (labor, grading, construction, and materials) $12,000
Landscaping (optional, pavers, shrubs, benches, etc.) $12,000
Electricity (optional, to light display cases and/or flagpole) $5,000
Flagpole and flag (optional) $10,000
Ms. Cathey stated funding for this project was not included in the FY23 budget. To
proceed with the project prior to July 1, the Board would need to appropriate funding from
undesignated contingency (remaining balance: $24,503) or fund balance.
The process of receiving a Charters of Freedom setting begins with signing the letter
of intent and establishing a point of contact (POC) whom Foundation Forward will
coordinate with throughout the process. Per the agreement, the POC must form a committee
for promoting community involvement and planning the Dedication Ceremony, Time
Capsule Ceremony, and any other related events. Foundation Forward's Resources and
Communications team will work with the POC and committee.
Ms. Cathey requested the Board to discuss interest in moving forward and timeline
as well as consider the following actions:
1. Approve location for Person County Charters of Freedom,
2. Determine desired components (landscaping, electricity, flagpole, etc.),
3. Identify funding source for county expenses,
4. Approve letter of intent, and
5. Designate a point of contact for the Charters of Freedom Project, whether a
community Champion, a member of the community or a staff.
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The Board agreed in the value of the project for the educational value to the
community but was not pleased with the potential unbudgeted local funds that would be
needed to complete the project.
Commissioner Palmer asked Recreation, Arts, and Parks Director John Hill, who
was present in the audience, to provide any input on how the county could reduce any of the
costs. Mr. Hill said the estimates were accurate however, the county could potentially
inquire of the school system’s vocational classes, the Boy Scouts, Friends of the Parks and
the Recreation Advisory Board as to interest or availability to donate materials and/or
volunteer time.
A motion was made by Commissioner Puryear and carried 5-0 to table this item
for further discussion at the Board’s retreat.
PERSON COUNTY OFFICE BUILDING AUDITORIUM RENOVATION:
General Services Director Ray Foushee presented to the Board some proposed
options for making improvements to the County Office Building Auditorium. He noted that
the Board expressed an interest in relocating their meeting quarters from its Boardroom 215
to the County Auditorium, in order to capitalize on the larger available meeting space. Not
only would Commissioners enjoy the use of a much larger space, but everyone, including
all County and public patrons that use the auditorium would benefit from the proposed upfit
and renovations.
In summary, Mr. Foushee provided a detail of the proposed auditorium renovations
as follows:
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1) Install new drop ceiling with new LED lights: install a 2’x2’ grid system
approximately 18” below the existing ceiling for a 10’8” ceiling, which would
allow for new LED lighting, new HVAC ductwork, with wiring a cabling to be
run above the ceiling; the cost estimated at $10,382,
2) Install a 15 ton Trane new HVAC unit with steam coil for heating from boiler.
Parts of existing unit are over 30 years old and currently having re-occurring
problems. New HVAC with additional supply registers in the ceiling will be
quieter and much more efficient; the cost estimated at $52,500,
3) Up fit the existing auditorium with basic improvements: add new LED lighting
in ceiling grid, along with new additional HVAC registers. Hang ½” drywall
(sheetrock) on all walls. Walls will be strapped with 2x4 for attaching drywall.
Finish as required. This will improve cosmetics of room by covering concrete
block walls and reduce the echo factor with moldings and cover base installed:
the cost estimated at $26,265,
4) Convert the existing stage to a meeting/conference room by framing/sheetrock
with a wall built with two vertical windows with a space for a retractable screen
between windows. This will take advantage of an unused space and create a
meeting space that could be used for closed sessions; the cost estimated at
$3,350,
5) Painting the entire room with two coats; the cost estimated at $7,800,
6) Purchase 7 modular tables that mesh together. The two end tables are 36”x72”
for accommodating the Manager, Clerk and Attorney. The five commissioner
tables are 24”x48”. All tables have wire management channels and grommets.
Tables can be folded and stored, if the entire auditorium is needed for a function;
the cost estimated at $11,180,
7) Up fit storage room for IT staff use by cleaning/painting the storage room on the
right side of the stage as permanent IT space. Includes all
wiring/cabling/projection/TV monitors/retractable screen/ and installation; the
cost estimated at $20,000.
Mr. Foushee noted in the current year budget, the Board appropriated $120,000 in
the Capital Improvement Program (CIP) for this project. Mr. Foushee referred to a detailed
breakdown of the estimates totaling $131,477, and how he desired to have a contingency in
place for any unknowns related to the project and thereby requested the Board’s
consideration for the project at $150,000 (an additional $30,000 would need to be
appropriated from contingency or fund balance). He estimated a period of five to six weeks
to complete all the improvements stated above.
Mr. Foushee asked the Board to provide direction on how to proceed with this option
or some modification thereof, or to discuss the Board to hold its meetings in their
Boardroom 215.
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Commissioner Puryear said the original intent of the Board to relocate its permanent
meeting room to the auditorium was a good idea and he thanked Mr. Foushee for all his
hard work on this project however, he felt the Board should start meeting back in its
Boardroom 215.
Commissioner Palmer asked Mr. Foushee if there was any known asbestos in the
ceiling to which Mr. Foushee said it was not known however, his plan was not to disturb
any area when the drop ceiling was installed.
Vice Chairman Sims noted the HVAC would need to be replaced at some point and
the improvements would modernize the room and be good for all users. He added he was
fine with the Board going back upstairs to Boardroom 215.
Chairman Powell asked Inspections Director Dale Tillman, present in the audience,
about the elevator barrier wall if that could be eliminated to create more space in that area
of the room, to which Mr. Tillman said it could be eliminated but nothing could be put in
front of the elevator permanently; Mr. Foushee said he would look at the estimated costs to
remove the wall.
A motion was made by Commissioner Puryear and carried 5-0 to direct staff to
proceed with the auditorium renovations as presented in items 1-5 above (not to include 6-
7) and for the Board to start meeting in its Boardroom 215 starting in March 2023.
PUBLIC COMMENTS RULES AND PROCEDURES:
Chairman Powell presented Public Comments Rules and Procedures for the Board’s
consideration to approve and implement. The Board has expressed an interest in more
clearly defining this segment of the meeting agenda. The proposed Public Comments Rules
and Procedures document outlines current board practices and provide detailed expectations
for the period of public comment.
General Statutes 153A-52.1 requires that boards of county commissioners provide
at least one period of public comment each month at a regular meeting of the board. The
Person County Board of Commissioners includes an “Informal Comments” section on each
regular meeting agenda. Regular meetings take place one or two times per month.
The public comments section established by the Person County Board of
Commissioners is “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.”
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Chairman Powell stated the Board desired to clarify the comment rules and
procedures for a common understanding of policy and procedure, civility and decorum in a
meeting that should be respected and conducted likewise.
Chairman Powell stated any approved public comments rules and procedures would
be available online as well as copies available at the Board’s regular scheduled meetings.
County Attorney Ellis Hankins said that the Board has a very general rule in its Rules
and Procedure; however, the proposed public comments rules and procedures as presented
by the Chairman would outline the expectations for the public. He suggested for the Board
to consider adding language to restrict or limit comments to what the commissioners have
legal jurisdiction and scope of authority to address. Mr. Hankins suggested the language to
be added to #7 on the public comments rules and procedures to read as follows, “Citizens
may offer comments on issues that are arguably within the County’s jurisdiction and scope
of authority only. Leeway will be accorded, but comments on issues clearly not within the
County’s jurisdiction and scope of authority are out of order.”
Mr. Hankins stated the Board Chairman would have the authority to enforce any
such adopted rules.
A motion was made by Commissioner Palmer and carried 5-0 to amend the Person
County Board of Commissioners Public Comments Rules and Procedures before the Board
to include the additional language in #7 as presented by the County Attorney.
A motion was made by Commissioner Thomas and carried 5-0 to approve the
Person County Board of Commissioners Public Comments Rules and Procedures, as
amended.
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CHAIRMAN’S REPORT:
Chairman Powell had no report.
MANAGER’S REPORT:
County Manager Katherine Cathey introduced newly hired Assistant County
Manager Brian Hart, who started with Person County on January 30, 2023, coming from
Forsyth County. The Board welcomed Mr. Hart; Mr. Hart stated his excitement and his
willingness to serve others in his new capacity here in Person County.
COMMISSIONER REPORT/COMMENTS:
Commissioner Palmer made the group aware of a hearing for public comments on
March 13, 2023 at 7:00pm in the Superior Courtroom at the Person County Courthouse
related to an application of Duke Energy Progress for an electric service adjustment and
increase in its rates.
There was no report or comments from Vice Chairman Sims and Commissioners
Thomas and Puryear.
ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting
at 9:04pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman