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03-21-2022 Meeting Minutes BOC March 21, 2022 1 PERSON COUNTY BOARD OF COMMISSIONERS MARCH 21, 2022 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Heidi York, County Manager C. Derrick Sims Brenda B. Reaves, Clerk to the Board Kyle W. Puryear S. Ellis Hankins, County Attorney Charlie Palmer Patricia Gentry The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, March 21, 2022 at 9:00am in the Person County Office Building Auditorium. Chairman Powell called the meeting to order. Vice Chairman Sims offered an invocation and Commissioner Gentry led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Powell announced that the Closed Session #1 for the acquisition of property, as currently listed on the agenda should be removed and that there was a need to add a Closed Session #1 to the agenda for economic development discussion of matters relating to the location or expansion of industries or other businesses in the county. A motion was made by Vice Chairman Sims and carried 5-0 to remove the Closed Session #1 regarding acquisition of property and to add a Closed Session #1 to the agenda regarding economic development to the agenda and to approve the agenda as adjusted. RECOGNITION: PROCLAMATION FOR THE WEEK OF THE YOUNG CHILD: Chairman Powell read and presented a Proclamation designating the week of April 2-8, 2022 as the Week of the Young Child in Person County to Ms. Kelly Foti, Executive Director with the Person County Partnership for Children. March 21, 2022 2 March 21, 2022 3 PUBLIC HEARING: REQUEST TO ADD COPPER SHELL LN., A PRIVATE ROADWAY, TO THE DATABASE OF ROADWAY NAMES FOR E-911 DISPATCHING: A motion was made by Commissioner Puryear and carried 5-0 to open the duly advertised public hearing for a request to add Copper Shell Ln., a private roadway, to the database of roadway names for E-911 dispatching. GIS Manager, Sallie Vaughn, requested Board consideration to approve the addition of Copper Shell Ln., a private roadway, to the database of roadway names for E- 911 dispatching. Ms. Vaughn stated a 65-acre tract was subdivided into five lots served by an access easement. Currently, Ms. Vaughn noted there are no residences, however, one lot is currently under development, with additional residences anticipated in the near future. In accordance with Article IV, Section 402 H of the “Ordinance Regulating Addresses and Road Naming in Person County,” any driveway serving three or more addressable structures must be named. Naming this road now will prevent future residents from having to change their addresses as more lots are developed. North Carolina General Statute 153A-239.1(A) requires a public hearing be held on the matter and public notice be provided at least 10 days prior in the newspaper. The required public notice was published in the March 10, 2022 edition of the Roxboro Courier- Times. A sign advertising the public hearing was placed at the proposed roadway location on the same date. Adjacent property owners were contacted in person and via certified mail. The majority of individuals responded and agreed upon a single road name, Copper Shell Ln., which is compliant with all naming regulations in the Ordinance. There were no individuals appearing before the Board to speak in favor of nor in opposition to the request to add Copper Shell Ln., a private roadway, to the database of roadway names for E-911 dispatching. A motion was made by Vice Chairman Sims and carried 5-0 to close the public hearing for a request to add Copper Shell Ln., a private roadway, to the database of roadway names for E-911 dispatching. CONSIDERATION TO GRANT OR DENY REQUEST TO ADD COPPER SHELL LN., A PRIVATE ROADWAY, TO THE DATABASE OF ROADWAY NAMES FOR E-911 DISPATCHING: A motion was made by Vice Chairman Sims and carried 5-0 to approve the request to add Copper Shell Ln., a private roadway, to the database of roadway names for E-911 dispatching, as presented. March 21, 2022 4 INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Ms. Kathy Lawrence of 1034 Terry Road, Hurdle Mills stated her concern that her Second Amendment constitutional rights were usurped with the local Declaration of the State of Emergency put into place March 16, 2020 related to the 2019 Novel Coronavirus: COVID-19 and urged the Board to terminate the local declaration. Ms. Lawrence expressed her opinion as a scientist that the COVID vaccines were deadly and dangerous. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Vice Chairman Sims and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of March 7, 2022, B. Budget Amendment #15, C. Home & Community Care Block Grant Funding 2021-2022 Revision, D. Person Industries Record Destruction, E. Request for Renewal of Indirect Cost Audit Service Agreement for 2022-2024 with Maximus US Services at $4,500 per year, and F. Written Order for Denial of Special Use Permit for Parallel Infrastructure LLC, SUP-05-21 NEW BUSINESS: GREAT GRANT PARTNERSHIPS - BRIGHTSPEED AND CHARTER COMMUNICATIONS: Assistant County Manager, Katherine Cathey stated Person County has the opportunity to partner with Brightspeed and Charter Communications to apply for two grants that would provide funding to improve broadband infrastructure. Investing in broadband infrastructure is an allowable use for American Rescue Plan (ARP) funding; Person County has been allocated $7,670,470 in ARP funds. Ms. Cathey introduced Mr. Justin DeLancey, Senior Manager, Government Affairs with Charter, also known as Spectrum, who attended the meeting remotely and Mr. Steve Brewer, Director Government Affairs with Lumen Technologies, also known as CenturyLink and Brightspeed, who was present in the audience. Ms. Cathey shared the following information with the group as she summarized the GREAT Grant program and the broadband infrastructure expansion proposals received from Brightspeed and Charter. March 21, 2022 5 GREAT Grant The Growing Rural Economies with Access to Technology (GREAT) Grant is a competitive grant program that provides funding to private sector broadband providers to deploy last-mile broadband infrastructure to unserved areas of North Carolina. The current 2021-2022 funding round may award up to $350 million in federal ARP funding. Applications are due April 4, 2022. A single grant award shall not exceed $4M. No combination of grant awards involving any single county may exceed $8M in a fiscal year. The GREAT Grant is a competitive grant program. Applications will be scored based upon a system that awards a single point for criteria considered to be the minimum level for the provision of broadband service with additional points awarded to criteria that exceed minimum levels. A county may use unrestricted general funds or federal ARP funds for the purpose of improving broadband infrastructure for a financial match. An applicant may receive additional points for a proposed partnership where the county's financial match is comprised entirely from federal ARP funds intended for broadband infrastructure. The timeline for the aerial and/or buried fiber based buildout is within two years noting services will be brought online as completed. Brightspeed (Lumen/CenturyLink) Brightspeed is a new company that will initially be comprised of the assets and associated operations of Lumen Technologies (which includes CenturyLink) across 20 states. Brightspeed plans to invest more than $2 billion to build a network that will bring faster, more reliable Internet and Wi-Fi to communities throughout the Midwest, Southeast, and certain parts of Pennsylvania and New Jersey. Brightspeed’s planned fiber optics transformation is expected to reach up to 3 million homes and businesses over the next 5 years, including in many places where fiber and advanced technology have not historically been deployed to help bridge the digital divide. Brightspeed will be headquartered in Charlotte, NC. Brightspeed has presented Person County with three options to extend their planned fiber infrastructure in the county, reaching an additional 1,990 to 3,120 unserved premises. Each option would be funded with an estimated $4 million GREAT Grant from the state in addition to provider and county financial contributions. Brightspeed Option 1 Option 2 Option 3 Premises Reached 1,990 2,600 3,120 Fiber (miles) 74.5 118.8 164.3 Requested from County $500,000 $1.25M $3.25M March 21, 2022 6 Charter Communications (Spectrum) Charter’s proposed project would build 97 miles of fiber and reach approximately 500 unserved premises. The new fiber routes would position Charter closer and within easier reach to an additional 734 underserved premises. The project would be funded with an estimated $2.6 million GREAT Grant in addition to provider and county financial contributions. Charter intends to apply for a GREAT Grant for this project with or without county financial support, but a county commitment of $250,000 in ARPA funds would help improve the score for the grant application. This project would be in addition to the work that Charter is currently doing to expand its network to reach an additional 1,000 premises in Person County through a Federal Rural Digital Opportunity Fund (RDOF) grant. Charter Option 1 Premises Reached 500 Fiber (miles) 97.0 Requested from County $250,000 Future Broadband Infrastructure Projects After the GREAT Grant application period closes, the NC Department of Information Technology (NCDIT) will share guidance related to the new Completing Access to Broadband (CAB) Grant program. This new program will provide an opportunity for individual NC counties to partner with NCDIT to fund broadband deployment projects in unserved areas of each county. The CAB Grant program complements the GREAT Grant program to provide solutions to areas not served by the GREAT Grant. Per legislation, projects applied for and not funded under the GREAT Grant can be considered for funding under the CAB Grant program Ms. Cathey confirmed that both Brightspeed and Charter have expressed an interest in continuing to partner with Person County to expand broadband infrastructure through this program. Mr. Brewer stated the CAB Grant program will open up later this year funding $400M, capping awards at $4M. Ms. Cathey said the Board might want to designate additional ARP funds to hold in reserve for future broadband infrastructure projects. Ms. Cathey requested the Board to 1) designate ARP funds for broadband expansion, 2) approve Option 1, 2, or 3 and authorize the county manager to sign the Memorandum of Understanding (MOU) (Brightspeed), 3) approve the Resolution of Support (Charter), and 4) authorize the board chairman to sign a letter of support for both grant applications. March 21, 2022 7 Commissioner Gentry confirmed with the provider representatives that they would be targeting areas with speeds less than 25mbps which was affirmed. She asked each provider representative how much fiber did they currently have in Person County to which both representatives were unable to answer without research. Commissioner Puryear asked both provider representatives about homes adjacent to services but were not connected due to their long driveways or because of a charge to connect which was many thousands of dollars. Both representatives stated that the GREAT grant would not allow providers to charge the additional fees for a drop to connect a home. Chairman Powell expressed with the provider representatives the community’s frustration related to service and connectivity. Ms. Cathey asked the Board to identify which option was desired and the Board stated Option 2 with Brightspeed was the most economical and would cover the most areas near Mayo Lake and Highway 49, which was a voiced concern for Commissioner Palmer. A motion was made by Commissioner Gentry and carried 5-0 to approve Option 2 with Brightspeed to reach 2,600 premises with 118.8 fiber miles with commitment of $1.25M in ARP funding, authorize the county manager to sign the Memorandum of Understanding with Brightspeed, approve the Resolution of Support with Charter without a funding commitment of ARP funds, and authorize the board chairman to sign a letter of support for both Brightspeed and Charter grant applications as well as reserve $250,000 of the ARP funds to be designated for broadband expansion. March 21, 2022 8 March 21, 2022 9 March 21, 2022 10 March 21, 2022 11 March 21, 2022 12 March 21, 2022 13 March 21, 2022 14 MEDICAL INSURANCE PLAN RENEWAL: County Manager, Heidi York stated as the county is self-insured and with the upcoming medical insurance plan renewal and the continued escalating costs of health insurance for county employees, staff has requested the County’s insurance broker, Mark III to provide an update to the Board. Ms. York introduced Mr. Mark Browder of Mark III to present an overview of the history of the County’s plan, its performance, the bid results obtained, and the recommendations developed between Mark III and county staff. March 21, 2022 15 March 21, 2022 16 March 21, 2022 17 March 21, 2022 18 March 21, 2022 19 March 21, 2022 20 March 21, 2022 21 March 21, 2022 22 March 21, 2022 23 Ms. York said the renewal cost of the health insurance plan without any plan design changes was initially a 27% increase. With the plan design changes, the cost increase is currently at 14.4% for a total cost of $4.7M. Ms. York confirmed the HSA contribution per employee was being increased to $900 in FY23 noting employees could contribute to the HSA plan as well. Ms. York stated the cost of the health insurance plan, as presented, would be included in the upcoming FY23 budget. March 21, 2022 24 UNIFIED DEVELOPMENT ORDINANCE CONSULTANT SELECTION AND STEERING COMMITTEE: Planning Director, Lori Oakley told the group that on December 29, 2021, staff released an RFP (Request for Proposals) for a new Unified Development Ordinance (“UDO”) for Person County. Five consulting firms submitted proposals including Insight, S&ME, Inc., Stewart, CodeWright and Benchmark. All of the submittals that staff received were at or under the original proposed budgeted amount of $100,000. Ms. Oakley said staff evaluated each proposal and ranked the RFP’s according to the criteria that was listed in the RFP. The highest scoring firms were CodeWright, Stewart and Benchmark; staff then conducted phone interviews with the highest scoring firms, reviewed their existing bodies of work and contacted their references. Based on the RFP submittal, phone interview, and references, Ms. Oakley and staff recommended to the Board to select Benchmark as the consultant for the new UDO. Ms. Oakley reminded the Board that Benchmark recently completed the Joint Comprehensive Land Use Plan for the County and City of Roxboro and was very familiar with the county. She indicated that staff reviewed recent UDO’s that Benchmark drafted for other jurisdictions and found them aesthetically pleasing, easy-to-navigate and they met all NC General Statute requirements. In additional, Ms. Oakley stated Benchmark proposed an extensive public participation process to engage citizens and stakeholders along with Planning Board and Board of Commissioner members throughout the process. Separately, Ms. Oakley noted staff would also like to proceed with advertising for a UDO Committee that will be involved in the creation of a new UDO. Staff proposed that the UDO Committee consists of the following: one (1) BOC member, one (1) Planning Board member, the Economic Development Director (or her designee), five (5) citizens/land owners/business owners in the county and two (2) Planning staff members. When polling the Planning Board for interest, Ms. Oakley said Barry Walker, Chairman of the Planning Board expressed interest in serving on the UDO committee. She indicated the Board could select its representative when appointments are before the Board for nomination and appointment. Ms. Oakley requested the Board to select Benchmark as the consulting firm to draft the new UDO for the county; she said work on the new UDO shall begin immediately after execution of a contract with the firm. Ms. Oakley informed the Board that staff would advertise for a new UDO Committee to be appointed by the Board at a future meeting in April or May. A motion was made by Commissioner Palmer and carried 5-0 to select Benchmark as the consulting firm to draft the new UDO for the county and to advertise for a UDO committee, as presented. March 21, 2022 25 REQUEST TO APPROVE AUDIT FIRM: Finance Director, Amy Wehrenberg provided bid tabulation and recommendation on the audit firm to perform audit services for Person County’s annual reporting requirements for fiscal year periods ending 2022, 2023 and 2024. Ms. Wehrenberg stated a Request for Proposal was released on January 25, 2022, and two audit firms responded. After thorough analysis of each proposal, it has been determined that Thompson, Price, Scott, Adams & Co., P.A., from Whiteville, NC, presented the best responsive bid. Their estimate to perform the audit for Person County for fiscal year ending 2022 is $74,000 (includes cost for completion of Annual Financial Information Report), $1,030 less than the second auditor’s bid, and is proposed to remain level for report years 2023 and 2024. Over the three-year period, the total cost savings obtained from approval of the bid from Thompson, Price, Scott, Adams & Co., P.A. over the second auditor’s bid is $26,340. Outside of providing the most competitive bid, their vast experience with County audits further supports the recommendation. A motion was made by Commissioner Puryear and carried 5-0 to approve Thompson, Price, Scott, Adams & Co., P.A., from Whiteville, NC as the audit firm to perform audit services for Person County as recommended by the Finance Director as well as to approve execution of first year’s contract for reporting year 2021-22. LEAD FOR NORTH CAROLINA FELLOW FY23 FUNDING REQUEST: Assistant County Manager, Katherine Cathey told the Board that Person County was accepted as a Lead for North Carolina (LFNC) host site for the 2022-2023 program year (Aug. 1, 2022 – June 30, 2023). LFNC places recent college graduates in high-impact positions in local governments across the state to work on transformative community projects. The fellow will commit to working for Person County for one year, and the agreement may be extended for one additional year. Ms. Cathey explained to the Board that Person County would receive one (1) FTE (full-time equivalent employee) who will be trained and supported by the faculty at the UNC School of Government to work on projects identified by the county. County staff will provide day-to-day supervision and set the fellow’s work scope to meet our organizational needs. Ms. Cathey provided a variety of projects for which a fellow could take the lead or have a key supporting role in completing all the while gaining experience from a number of county departments nothing staff would like to align priority projects with the fellow's interests and skillset. The (non-exhaustive) list of proposed projects include: 1) Update Emergency Operations Plan and Continuity of Operations Plan (Emergency Services), 2) Develop Digital Inclusion Plan (Administration), 3) Develop and deliver Citizen's Academy (Administration), 4) Support Economic Development efforts (Economic Development), 5) Update policies and procedures (Human Resources), 6) Support implementation of several NEOGOV modules (Human Resources), 7) Develop and track organizational performance measures (Administration), 8) Develop public information strategy and support public information efforts (Administration), 9) Support Parks and March 21, 2022 26 Stormwater projects (Recreation, Arts and Parks and Planning), 10) Support broadband expansion (Administration). Without a subsidy, the total price to host a fellow is $54,000. This includes the fellow’s living stipend ($33,000), health insurance, other benefits, FICA, initial training, three (3) graduate credit hours, training from the UNC School of Government, executive coaching, and ongoing support. Person County’s anticipated cost share is $20,000, which will be paid in quarterly installments of $5,000, beginning in October. The subsidy amount could change slightly based on the amount of federal funding the program receives from AmeriCorps. The fellow will be employed by UNC-Chapel Hill and will be paid monthly by the university. Ms. Cathey indicated the Manager would like to include the addition of $20,000 to the Administration Department’s contracted services line item for FY23 to fund a LFNC Fellow however the UNC School of Government would like governments to commit to the LFNC Fellow prior to the Manager’s Recommended Budget. With the Board’s approval, the County Manager will include this amount in the Manager’s Recommended Budget for FY23. Commissioner Gentry stated the proposed projects did not have a clear focus noting her priority was for a Public Information Officer. A motion was made by Vice Chairman Sims and carried 4-1 to approve $20,000 to be appropriated to the Administration Department contracted services line for FY23 to fund a LFNC Fellow, as presented. Commissioner Gentry cast the lone dissenting vote. March 21, 2022 27 APPOINTMENTS TO THE PATS TRANSPORTATION ADVISORY BOARD AND THE PLANNING BOARD: Clerk to the Board, Brenda Reaves presented interested citizen applications for current vacancies on the following boards for Board consideration to nominate and appoint as deemed appropriate. PATS Transportation Advisory Board 3-Year Term: 1 position available for each occupational affiliation of the following:  Emergency Operations Center Director: o Thomas Schwalenberg requested appointment  Social Services: o Rosalba Cruz requested appointment  medical related service – no applications  citizen-at-large – no applications Ms. Reaves made the Board aware that Brooks Lockhart, City Manager for the City of Roxboro advised at the City Council meeting on February 8, 2022, Councilman Tim Chandler was appointed to serve at the City appointee for the PATS Transportation Advisory Board. A motion was made by Commissioner Gentry and carried 5-0 to appoint Thomas Schwalenberg as the Emergency Operations Center Director and Rosalba Cruz, Social Services representative to the PATS Transportation Advisory Board, each for a 3-year term. Planning Board 1 position available for an unexpired term to June 30, 2024  Cynthia Lynch requested appointment  Keisha Davis requested appointment Ms. Reaves made the Board aware that Ms. Cynthia Lynch currently sits on the Board of Adjustment and volunteered to resign her seat should the Board deem it appropriate. Commissioner Puryear asked the County Attorney, Ellis Hankins if serving on both the Board of Adjustment and Planning Board was a conflict of interest to which Mr. Hankins stated there was no inherent conflict. A motion was made by Vice Chairman Sims to appoint Keisha Davis to the Planning Board to fulfill the unexpired term to June 30, 2024. A substitute motion was made by Commissioner Gentry and carried 3-2 to appoint Cynthia Lynch to the Planning Board to fulfill the unexpired term to June 30, 2024. Commissioners Gentry, Palmer and Puryear voted in support of the motion; Chairman Powell and Vice Chairman Sims voted in opposition to the motion. March 21, 2022 28 Ms. Reaves made the Board aware that Brooks Lockhart, City Manager for the City of Roxboro advised at the City Council meeting on February 8, 2022, Councilwoman Shaina Outlaw was appointed to serve as the City appointee for the Animal Services Advisory Committee. COVID PIVOT IMPACT LOAN PROGRAM: Commissioner Gentry requested this item be placed on the Board’s agenda to ask questions; she asked who originated the idea of the COVID PIVOT Impact Loan Program noting she could not find any records or minutes where the Board of Commissioners discussed this program. As she understood the program, the loans were with interest and to be paid noting only one small business has repaid its loan in full, and some of the businesses may have been dissolved corporations with outstanding loan balances. Commissioners Gentry questioned what happens with the outstanding loan balances are not paid back and if any of the funds moved from the Economic Development Catalyst Fund to this COVID PIVOT Impact Loan Program was moved back into the Catalyst Fund. Through an Amendment to the County’s Declaration of the State of Emergency that was declared on March 16, 2020, the Chairman of the Board authorized an emergency assistance loan program for small businesses in Person County. The provisions of NC General Statutes Chapter 153A and 166A authorize Person County to create a program of short-term assistance to small business during the COVID pandemic and to appropriate funds to support such a program. Person County utilized funds available for economic development from a completed Golden LEAF Project. These funds were in the Economic Catalyst Fund and the County received approval from Golden LEAF to utilize these funds for this purpose. County Manager, Heidi York reiterated that county tax dollars were not used for this program and that left over funds ($276,000) from a completed project funded by Golden Leaf were used. She noted the Kerr Tar Council of Governments administered the COVID PIVOT Impact Loan Program on behalf of the County through a contract. Ms. York further noted the Executive Director of the Kerr Tar Council of Governments was not available to attend this Board meeting, but would make herself available at the Board’s April 4, 2022 meeting to address any questions or additional information requested. Ms. York confirmed this item would be placed on the Board’s next agenda. March 21, 2022 29 CHAIRMAN’S REPORT: Chairman Powell had no report. MANAGER’S REPORT: County Manager, Heidi York stated the local state of emergency order that was addressed during public comments was rescinded on March 14, 2022. COMMISSIONER REPORT/COMMENTS: Commissioner Palmer stated support of county employees and said he would like to give each employee a thank you card along with a $25 gift card. There was no report or comments from Vice Chairman Sims, Commissioner Gentry or Commissioner Puryear. CLOSED SESSION #1 A motion was made by Commissioner Puryear and carried 5-0 to enter into Closed Session #1 at 11:07am per General Statute 143-318.11(a)(4) to discuss 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 with the following individuals permitted to attend: County Attorney, Ellis Hankins, County Manager, Heidi York, Clerk to the Board, Brenda Reaves and Economic Development Director, Sherry Wilborn. Chairman Powell called the Closed Session #2 to order at 11:11am. A motion was made by Vice Chairman Sims and carried 5-0 to return to open session at 11:37am. March 21, 2022 30 ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 11:38am. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman