09-18-2023 Meeting Minutes BOCSeptember 18, 2023
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PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 18, 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, September 18, 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. Chairman Powell offered an
invocation and Commissioner Sims led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell stated the need to add an additional Closed Session to the agenda
for the purpose of consulting with the county attorney in order to preserve the attorney-
client privilege as Closed Session #2.
A motion was made by Commissioner Sims and carried 5-0 to approve the agenda
as adjusted with the additional Closed Session.
PUBLIC HEARING # 1:
A motion was made by Commissioner Sims and carried 5-0 to open the
duly advertised public hearing for Consideration of Approval to Finance a Portion of the
Cost of Certain Improvements to Public School Facilities. Finance Director Amy
Wehrenberg presented. She stated that the purpose of the hearing was to receive feedback
from the public on the County’s plans to finance improvements to Person High School for
an amount not to exceed $13M. She stated that the improvements include, but are not
limited to, safety and accessibility improvements to meet ADA requirements, security
improvements to the interior and exterior of the school, and removal of parking areas on
the north and east sides of the school. She stated that other considerations under this
public hearing are whether to execute and deliver a deed of trust, which pledges the high
school property as collateral for the project, a security agreement, and a fixture filing
related to the County’s interest in the property on which the school is located along with
the improvements that would be authorized.
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There were no individuals appearing before the Board to speak in favor of or in
opposition to the public hearing for Consideration of Approval to Finance a Portion of the
Cost of Certain Improvements to Public School Facilities.
A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for Consideration of Approval to Finance a Portion of the Cost of Certain
Improvements to Public School Facilities.
No action was required by the Board on Public Hearing #1. The Board will consider
a final resolution regarding financing a portion of the cost of certain improvements to Person
High School at the next Board Meeting.
PUBLIC HEARING #2
A motion was made by Commissioner Palmer and carried 5-0 to open the duly
advertised public hearing for Consideration of Approval to Submit the FY25 Community
Transportation Program Application. Transportation Director Mitch Fleig presented. He
stated that the PATS Department has 9 Full-Time Drivers, 13 Part-Time Transit Specialists,
and 4 Full-Time Administrative Staff who serve the residents of Person County. In FY23,
PATS accommodated over 57,000 trips, and drove over 420,000 miles amongst the 14 vans
and buses. He stated that the mission of PATS is to provide safe, friendly, and reliable
transportation to the citizens of Person County utilizing the most efficient manner possible
to increase mobility and support a livable community. He stated the purpose of the hearing
was to bring before the Board for approval the FY25 Community Transportation Program
Application and local share amount of $72,375. He stated the application is divided in to
two categories. The Administration Project, which is $208,260 and reflects a 5% increase
from last year and a 15% local match, would be required of $31,239. The Capital Grant
which is used for the purchase of three light transit buses and an update to the on board
camera security system for 12 of the 14 vehicles, is what PATS is requesting for a total cost
of $411,355, and a 10% local match would be required of $41,136. The two grants would
be $619,615 with the local share being $72,375. He is asking the Board’s recommendation
for approval of the grant submittal and use of the local funds noted for the FY25 Community
Transportation Program Application.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the public hearing for Consideration of Approval to Submit the FY25
Community Transportation Program Application.
A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for Consideration of Approval to Submit the FY25 Community Transportation
Program Application
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CONSIDERATION TO GRANT OR DENY REQUEST
A motion was made by Commissioner Sims and carried 5-0 to approve the local
share in the amount of $72,375 for FY25.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Bob Brauer of 1 Bobwhite Rd, Roxboro and Chairperson of the Environmental
Issues Advisory Committee of Person County spoke on the fall litter sweep that occurred in
Person County. He stated that one of the committee’s primary focus areas is roadside litter.
He stated that in coordination with the NCDOT and the City of Roxboro they do two annual
litter sweeps, one in the spring, and the other in the fall. He stated that they just completed
the fall litter sweep on September 16 and he was very happy to report that 50 individuals
participated and cleaned up litter off city and county roads. He stated that there was a great
representation from students from RCS. He stated that pictures from the event are on the
Person County Environmental Issues Advisory Committee’s Facebook page. He provided
bumper stickers to the Board that promoted keeping Person County clean by disposing of
litter.
Jimmy Clayton of 717 Berman Clayton Rd, Timberlake spoke on concerns related
to the Person County Mega Park. He stated the following information about the property: It
has two power plants with electricity going across it, it has the possibility of getting water
from the Dan River, fiber run by the county is going across the property, it is located where
other industries would not interfere with it, it has railroad access, and it is near major
highways such as 501, and 360 & 58 in Virginia. He stated that the Corps of Engineers has
issued many permits for the property. He urged the Board to consider renewing the lease
option, or to buy the property, as it is the future of Person County.
Penny DeYoung of 1392 Mill Creek Rd, Roxboro spoke to the Board to express
concerns on the matters of the Department of Social Services (DSS) and to represent her
family as well as other foster care families that share similar experiences. She stated that
she is not here to speak on the legal matters surrounding the case and understands that is an
issue for an attorney. She stated she is requesting that the Board conduct an investigation
and audit into the mismanagement of DSS of Person County, and provide follow up once
completed. She provided the Board with a chronological timeline of events that took place
over the course of 4 years. She stated that DSS removed her two nephews from the
biological mother’s home in 2019. The children were placed in her home. She stated that
DSS informed her in 2020 that they would be filing a termination of parental rights order
and discussed adoption of the children with her. She stated that the hearing for terminating
parental rights was continued 18 times spanning over the course of 3 years. She stated that
the Guardian ad Litem also indicated multiple complaints due to lack of communication
from DSS and testified that she did not agree with DSS social worker’s testimony.
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She stated that in March 2023, the DSS social worker made her last home visit and
reported that the goal is adoption and to proceed with termination of parental rights. She
stated that on August 31, 2023, the DSS report listed the following goals, #1- adoption, and
#2-reunification. She stated that the DSS social worker testified under oath and advised that
she saw no reason as to why the children could not be returned to the biological mother. She
stated that based on DSS recommendation, the judge ordered the children to be returned to
the mother and for the DeYoung family to return the children to DSS on September 4, 2023.
She stated that the DSS social workers conducted themselves in ways in which is contrary
to the department’s policy, which is supposed to be in the best interest of the children. She
stated that the social workers were unprofessional, unsympathetic, and acted in a manner of
showing anger and hostility, while being under the supervision of the DSS Director, Mr.
Paylor. She stated that DSS abused her family emotionally and was supposed to save the
children from abuse. She stated that she had a petition signed by 2,500 people who are
requesting the Board to take action on this injustice, and mismanagement in the appearance
of cover-ups that are taking place daily by the individuals employed by the Department of
Social Services.
PJ Gentry of 541 Byrd Creek Ln, Hurdle Mills voiced she had multiple concerns.
She stated that the Board has known about DSS for years and has done nothing. She stated
that she has tried to help. She stated that former Commissioner Jimmy Clayton was spot on
and that she advocated two years ago to get control of the property. She stated that the Board
has not, and they have the capacity, but needed the will to do so. She stated that the Board
needed to be proactive not reactive if you want to have progress in the County. She stated
that she sits on the Board of Realtors in Durham County and was invited to a presentation
by Cypress Creek Solar on a 731-acre Solar Park proposed for Person County. She stated
that there was an article in The Courier Times, a write up by an electrical engineer
supporting the proposed 731-acre Solar Farm in Person County. She indicated that she is
aware of the current Person County Ordinance that limits Solar Farms to 100 acres. She
stated that she is concerned that Duke Energy will increase solar. She urged the Board to
consider not increasing the size of solar farms.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the Consent
Agenda with the following items:
A. Approval of Minutes of September 5, 2023,
B. Budget Amendment # 6,
C. Budget Amendment # 7,
D. Person County Health Department Fee Request,
E. Contract for School Nursing Services between Person County and Person
County School System,
F. FY2024 ROAP Distribution Authorization, and
G. Letter of Support for Durham County and City of Durham’s Reconnecting
Communities and Neighborhoods Grant Application
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NEW BUSINESS:
DUKE ENERGY UPDATE
Duke Energy Update by Elizabeth Townsend Duke Energy’s Local Government and
Community Relations Manager presented the following slide show presentation.
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Commissioner Palmer asked about the rolling blackouts that occurred in the State of
NC in December 2022. Townsend stated that technology caused concerns, and that there
was an expected blackout, that lingered longer, and was greater than expected. She stated
that Duke Energy is addressing concerns, moving forward with the Utilities Commission.
Townsend stated that Duke Energy would be adding natural gas plants to Person County to
stay sustainable in this community.
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Vice Chairman Sims expressed concerns about solar farms in Person County,
especially when talking about 750 acres. He stated that there is a future need for small
nuclear reactors. He stated that he is appreciative of Duke Energy for considering keeping
the Person County Plants operational.
Commissioner Puryear thanked Townsend for the update and presentation she
provided and is appreciative of the cooperation and partnership that Person County has with
Duke Energy.
Chairman Powell expressed appreciation to Duke Energy for being a central part of
Person County’s economic development and growth for over six decades. He stated that
Person County wants to continue to remain in that category and be involved in the new
technology that emerges and for continued growth and development. He had concerns about
solar panels on plants in Person County. Townsend stated no current plans for solar for
Person County Plants at this time. Powell had concerns about the tax advantage during the
transition period of changing over from coal to natural gas and the impact it will have on
Person County. Townsend stated there would be some tax benefits that would be above what
the coal plants currently generate. Townsend stated that it would increase job opportunities,
therefore increasing the tax base. Townsend stated that the natural gas plant should be open
and operational by 2029.
PERSON INDUSTRIES/MATERIALS RECOVERY FACILITY MERGER AND
RENOVATIONS BID SUMMARY AND CONTRACT AWARD
Person Industries/Materials Recovery Facility Merger and Renovations Bid
Summary and Contract Award was presented by Person Industries Director Amanda
Everett. She is requesting the Board to award the contract to Legacy Building Company.
She stated that the lease expires on the current PI building on May 25, 2025. She stated that
the potential purchase price for the building significantly exceeds the tax value and the
building condition needs major repairs and upgrades. She stated that an application for an
EPA grant is pending, and we should know something by the end of September. She is
hopeful that the County will receive the grant funding of $1M. She stated that the FY24-28
CIP includes $2.1M in costs for this project. She provided a bid summary to the Board that
included information received during the official bid process for the building expansion,
rehab and strengthening of interior space, and reconfiguration of the parking lot. She stated
that she received three bid responses with Legacy Building Company in at the lowest bid at
$2.1M.
A motion was made by Commissioner Puryear and carried 5-0 to award the contract
to Legacy Building Company for the Person Industries/Materials Recovery Facility Merger
and Renovations.
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CHAIRMAN’S REPORT:
Chairman Powell reported that he attended Relay for Life on September 15, and a
large number of participants showed up and supported the cause for the event. He reported
that he attended the Planning Board Meeting on September 14, and it was very informative,
and a second meeting has been scheduled. He shared that he had concerns related to the
DSS issue, and that it is disturbing and needs investigated. He stated that unfortunately the
County has very little control of DSS, and has no authority over it. He stated that there was
a discussion in the past about consolidating DSS under the jurisdiction of the County, and
the State advised they would require that the Health Department be included as well. Based
on the information received from the State, it was determined not to consolidate. He stated
that he is on the children’s side.
MANAGER’S REPORT:
County Manager Katherine Cathey shared October 19 is the next Planning Board
Meeting to go over the proposed UDO and to look at possible revisions. She reported that
the members of public who were at the last meeting, which occurred on September 14, made
a few comments. She shared that a new Emergency Notification System will be
implemented to employees and the public very soon. She spoke on the DSS situation.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims reported that he attended the Planning Board Meeting on
September 14 in reference to the proposed UDO, and urged the public to attend the next
Planning Board Meeting scheduled for October 19. He shared that he is very appreciative
to all who showed up and helped with the Litter Sweep on September 16. He stated that he
has concerns, and is very disturbed by the recent events with DSS and feels it needed
investigated.
Commissioner Palmer shared that he attended Relay for Life on September 15 and
that it was a great event with a huge turnout from the public. He indicated that he is glad
they moved the event from Person High School to Huck Sansbury. He expressed concerns
about DSS and stated that it was very disturbing about what happened to this family.
Commissioner Thomas thanked everyone for coming to the meeting today. He
shared that he attended and spoke at the Patriot Day event on September 9, and attended
Relay for Life on September 15. He expressed concerns about DSS and that an investigation
is needed.
Commissioner Puryear shared that he had concerns in reference to the issue with
DSS. He stated that the issue is very disturbing, troubling, and that an investigation needed
to be done.
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CLOSED SESSION #1
A motion was made by Commissioner Palmer and carried 5-0 to enter into Closed
Session #1 at 10:20 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, and Finance Director Amy Wehrenberg.
Chairman Powell called the Closed Session #1 to order at 10:23 a.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:08 a.m.
CLOSED SESSION #2
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session #2 at 11:08 a.m. per General Statute 143-318.11(a)(3) for the purpose to consult
with the county attorney in order to preserve the attorney-client privilege with the following
individuals permitted to attend: County Attorney Ellis Hankins, County Manager Katherine
Cathey, and Clerk to the Board Michele Solomon.
Chairman Powell called the Closed Session #2 to order at 11:08 a.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:41 a.m.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 11:43 a.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman