04-04-2022 Meeting Minutes BOC
April 4, 2022
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PERSON COUNTY BOARD OF COMMISSIONERS APRIL 4, 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, April 4, 2022 at 7:00pm in the Person County Office Building
Auditorium.
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:
Chairman Powell announced a need to add a Closed Session #2 to the agenda for
the purpose of economic development discussion of matter relating to the location or
expansion of industries or other businesses in the county.
A motion was made by Commissioner Gentry and carried 5-0 to add a Closed
Session #2 to the agenda and to approve the agenda as adjusted.
INFORMAL COMMENTS:
There were no comments from the public.
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 21, 2022,
B. Approval of Minutes of March 24, 2022, and
C. Budget Amendment #16
Commissioner Gentry asked staff to put the Budget Amendment number on the title
of the Budget Amendment document.
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UNFINISHED BUSINESS:
COVID PIVOT IMPACT LOAN PROGRAM:
Economic Development Director, Sherry Wilborn stated the COVID PIVOT
Impact Loan Program was set up as an emergency loan program at an unprecedented time
in our history. New restrictions involving business closures, stay-at-home mandates, travel
bans, and gathering capacities were being put in place and modified every few days,
beginning in the third week of March. She said some businesses were not allowed to open
at all, and all businesses were disrupted in some way. This situation was expected by
everyone to be temporary in nature, and the restrictions even included end dates. Ms.
Wilborn noted that even though no one anticipated that the restrictions would last for
months into years, it does not take long for a small business to have their doors closed to
impact their cash flow. Federal programs were coming out, but they were taking time to
implement, and those systems were being overwhelmed by demand. Websites that hosted
online application processes were crashing due to the volume of interest.
Ms. Wilborn told the group that the Golden LEAF foundation set up a similar loan
program and the funding was quickly depleted. She said that on March 31, 2020, then
Commissioner Gordon Powell emailed her to ask what was the County doing to support
small businesses. He was hearing from people that the situation was not sustainable.
Economic Development Commission (EDC) Chairman, Phillip Allen, and other EDC
members were asking the same questions. Ms. Wilborn said from her perspective, this was
something that all of our leadership and community wanted to see happen, and it was her
role, once determined that it was possible by then county attorney, Ron Aycock, to serve
in an administrative capacity to assist with getting it in place and making it accessible to
local small businesses. Ms. Wilborn said time was of the essence.
Ms. Wilborn said the program was advertised broadly on the EDC website, in the
local newspaper, on social media, on the local radio station, and a press release was issued.
Partner organizations shared it, and the response to the program was overwhelmingly
positive from everyone. There were more than 400 hits on the EDC website the day the
program was announced, as opposed to 25-50 daily hits on average otherwise. Never,
before now, has anyone questioned the need for the program or made any comments other
than to say that it was a great thing.
Ms. Wilborn addressed five questions that were asked at the Board’s last meeting,
and specifically as follows:
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1) Who originated the idea of the program? Ms. Wilborn said it was not an idea but a
need that was manifested in the community and a solution that was presented by the UNC
School of Government and programs that were being implemented by others.
2) Was it ever discussed by the board or any authority? Ms. Wilborn said it was
discussed at least with the Chairmen of the Board of Commissioners and EDC. She added
it was determined by the County Attorney to be able to be implemented by the Chairman
of the Board of Commissioners as an emergency response, it had a very public rollout, and
updates were provided to the Board of Commissioners and the EDC in public meetings.
3) Have some of the businesses dissolved without repaying the loans? Ms. Wilborn
said she was not aware of any businesses that have dissolved.
4) What happens with the outstanding loan balances if not repaid? Ms. Wilborn
deferred this question to the County Attorney, Ellis Hankins; Mr. Hankins noted he had
sent two demand letters to the delinquent loan holders and would extend best efforts to
collect the outstanding payments, including small claims court. He further noted that
outstanding loans could end up uncollected.
5) Would any of the unused funds be returned to the Economic Catalyst Fund? Ms.
Wilborn affirmed the Catalyst Fund was where the unused funds remain and where the
repayments are credited.
Ms. Wilborn stated the Executive Director, Kerr Tar Council of Governments,
Diane Cox, was present in the audience should anyone have any questions for her related
to the administration of the Loan Program on behalf of the County through a contract.
Mr. Hankins stated he had spoken with the former county attorney and was of the
opinion that the emergency management statutes authorized the Chairman of boards of
commissioners in North Carolina to act in an emergency capacity for such efforts to assist
businesses in the community.
Commissioner Gentry stated her questions arose from a public records request
where she could not find that the loan program was structured properly nor discussed at a
Board meeting or included in an agenda packet. She said the county was lending out
$276,000 to small businesses, designating $3,000 to marketing and $13,000 for the
administrative fee payable to the Kerr Tar Council of Governments. Commissioner Gentry
opined the procedures were reckless with a 20-30% loss ratio. Ms. Cox clarified that the
total amount of the seven loans disbursed was $50,700 and their fee was a percentage of
the loan proceeds (5%), so they did not receive the $13,000 that was set aside for that
purpose had the fund been exhausted.
April 4, 2022
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NEW BUSINESS:
COMPREHENSIVE BACKUP SOLUTION AND SECURITY APPLIANCE:
IT Director, Chris Puryear stated after a thorough review of multiple solutions,
Person County IT has decided to move forward with Rubrik for a comprehensive backup
solution and security appliance. This solution not only provides an all-in-one backup
appliance but also an array of tools to help improve Person County’s cybersecurity posture
at the same time.
Mr. Puryear said a successful implementation will include: a centralized, user-
friendly backup solution that allows for quick identification and restoration of data housed
both on-premises and in the cloud; a secure solution not based on the Microsoft Windows
operating system; cloud storage of archived backups to achieve additional immutability;
data validation; additional NIST compliance; and identification and categorization of data
contained in the backups.
Mr. Puryear stated a solution is available under General Services Administration
(GSA) Contract # GS-35F-303DA which is dated January 13, 2022 and is eligible for
procurement by the “piggyback” provision of G.S. 143-129(g). The vendor has confirmed
that the quoted solution costs are at or below those included in the GSA contract.
Mr. Puryear introduced Ms. Jennifer Rendon, Rubrik Account Executive and Mr.
Brian Williams, Rubrik Sales Engineer to provide the Board with additional information
through the following slides:
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Mr. Puryear noted the Person County IT intended to fund an archive tier over 36-
months with a fund balance appropriation from the IT Systems Fund. If approved, an
amount equal to 1/3 of the cost of the total solution would then be requested in the IT
Systems Fund in each of the next following years to rebuild the fund balance and to be able
to renew the 3-year commitment at that time using those funds. This helps to spread out
the total cost of ownership of the solution over time to reduce the impact to Person County’s
General Fund Budget.
Mr. Puryear outlined the appropriation requested from IT Systems Fund Balance:
$21,481 (hardware); $186,779 (software subscriptions), $8,297 (hardware support), and
$2,600 (professional services) for a total amount of $219,157. He requested the Board
consider the following two actions:
1) Approve the budget amendment to fund this project in the current fiscal year; and
2) Approve posting the required public notice of the intent to utilize the “piggyback”
procurement method as stated in G.S. 143-129(g) for final contract approval at the
regularly scheduled meeting on April 18, 2022.
A motion was made by Commissioner Palmer and carried 5-0 to proceed with this
project and to approve the appropriation requested from IT Systems Fund Balance for
$219,157.00 in the current fiscal year.
A motion was made by Commissioner Gentry and carried 5-0 to approve the
posting of the required public notice of the intent to utilize the “piggyback” procurement
method with contract approval at the Board’s April 18, 2022 meeting.
RECOMMENDED CAPITAL IMPROVEMENT PLAN FOR FY2023-2027:
County Manager, Heidi York presented the Recommended Capital Improvement
Plan (CIP) for FY2023-27 for Board consideration and feedback. The CIP is a planning
tool for implementing large, capital projects. The CIP includes projects costing $50,000 or
greater from county departments, Piedmont Community College, and Person County
Schools. Ms. York noted that staff also plan for capital needs for the Museum and the
Senior Center as county-owned facilities.
Ms. York further noted this document paves the way for the Recommended Budget as
it will provide an estimate of funding needed for capital projects and anticipates the impacts on
operating costs as well. These capital projects span the next five fiscal years with the
upcoming fiscal year (FY2023) being the only year where a funding commitment is needed
from the Board.
The Capital Improvement Plan is being presented as information only at this
meeting. Staff proposed adoption of the CIP at the Board’s April 18th meeting.
The Recommended CIP Funding Schedule for FY2023-27 is outlined as follows:
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CHAIRMAN’S REPORT:
Chairman Powell reported he had spoken with the NC Association of County
Commissioners Executive Director, Kevin Leonard related to finding a recommendation
for a retired County Manager to serve as Person County’s interim manager. He noted Mr.
Leonard or his designee would be at the Board’s next meeting to outline the next steps as
the Board begins its search.
Chairman Powell said the regional economic development summit held on March
31, 2022, partly sponsored by the Kerr Tar Council of Government, at the Kirby was well
attended with positive feedback.
MANAGER’S REPORT:
County Manager, Heidi York reported the RFP for the executive search firm to
recruit for the County Manager position was released on Friday, April 1, 2022 with
responses due on April 18, 2022. She stated interviews are being planned for May 2, 2022
with the Board.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims commented of the positive success of the recent Step into the
Art of Living weekend events in the Uptown Roxboro area on April 1-3, 2022 with an
estimated 5,000 people attending.
There were no reports or comments from Commissioners Gentry, Puryear and
Palmer.
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CLOSED SESSION #1
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session at 8:00pm 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 the price and other material terms of a contract or
proposed contract for the acquisition of real property by purchase, option, exchange, or
lease with the following individuals permitted to attend: County Attorney, Ellis Hankins,
County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Assistant County
Manager, Katherine Cathey, Planning Director, Lori Oakley, and John Hill, Director of
Arts, Parks and Recreation.
Chairman Powell called the Closed Session #1 to order at 8:03pm.
A motion was made by Commissioner Gentry and carried 5-0 to return to open
session at 8:27pm.
A motion was made by Commissioner Gentry and carried 5-0 for the County to
proceed on a real property transaction as discussed in Closed Session #1 including
authorization to the Chairman to execute an offer to purchase contract.
CLOSED SESSION #2
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session at 8:30pm per General Statute 143-318.11(a)(4) for the purpose of economic
development discussion of matters relating to the location or expansion of industries or
other businesses in the county 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 8:30pm.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 8:34pm.
A motion was made by Vice Chairman Sims and carried 5-0 to authorize the
Chairman to execute a contract as discussed in Closed Session #2 to facilitate a potential
economic development project, following review by the County Attorney.
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ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the
meeting at 8:36pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman