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02-06-2023 Meeting Minutes BOC February 6, 2023 1 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. February 6, 2023 2 February 6, 2023 3 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. February 6, 2023 4 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. February 6, 2023 5 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. February 6, 2023 6 February 6, 2023 7 February 6, 2023 8 February 6, 2023 9 February 6, 2023 10 February 6, 2023 11 February 6, 2023 12 February 6, 2023 13 February 6, 2023 14 February 6, 2023 15 February 6, 2023 16 February 6, 2023 17 February 6, 2023 18 February 6, 2023 19 February 6, 2023 20 February 6, 2023 21 February 6, 2023 22 February 6, 2023 23 February 6, 2023 24 February 6, 2023 25 February 6, 2023 26 February 6, 2023 27 February 6, 2023 28 February 6, 2023 29 February 6, 2023 30 February 6, 2023 31 February 6, 2023 32 February 6, 2023 33 February 6, 2023 34 February 6, 2023 35 February 6, 2023 36 February 6, 2023 37 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. February 6, 2023 38 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. February 6, 2023 39 February 6, 2023 40 February 6, 2023 41 February 6, 2023 42 February 6, 2023 43 February 6, 2023 44 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. February 6, 2023 45 PERMITTING PROCESS UPDATE: County Manager Katherine Cathey presented the following Permitting Process Update: February 6, 2023 46 February 6, 2023 47 February 6, 2023 48 February 6, 2023 49 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. February 6, 2023 50 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. February 6, 2023 51 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: February 6, 2023 52 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. February 6, 2023 53 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.” February 6, 2023 54 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. February 6, 2023 55 February 6, 2023 56 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