03-21-2022 Meeting Minutes BOC
March 21, 2022
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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