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06-20-2022 Meeting Minutes BOC June 20, 2022 1 PERSON COUNTY BOARD OF COMMISSIONERS JUNE 20, 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, June 20, 2022 at 9:00am in the Person County Office Building Auditorium. Chairman Powell called the meeting to order and offered an invocation. Commissioner Gentry led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Commissioner Gentry requested to add to the agenda to authorize acquisition of real property (An Offer to Purchase and Contract Access and Utility Easement). A motion was made by Commissioner Gentry and carried 5-0 to add an item to the agenda to authorize acquisition of real property (An Offer to Purchase and Contract Access and Utility Easement) and to approve the agenda as adjusted. RECOGNITION OF OUTGOING COUNTY MANAGER Chairman Powell read and presented County Manager, Heidi York a plaque recognizing her tenure as Person County’s Manager from July 2008 to June 2022. Chairman Powell recognized NC Representative Larry Yarborough, Jr. and former county commissioner Jimmy Clayton to express their appreciation of Ms. York’s dedication to the citizens and employees of Person County. The Board extended their appreciation to Ms. York and wished her well. County Manager, Heidi York stated it was a pleasure serving Person County and was thankful for the Board that hired her for taking a chance on her. Ms. York said she had a great team in place and her success was due to the Person County employees. June 20, 2022 2 INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Ms. HollyAnn Rogers of 405 Younger Road, Roxboro addressed the national crisis of gun violence and urged the commissioners to make a difference on the local level with mental health awareness to prevent future gun violence in Person County. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Gentry and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of May 16, 2022, B. Approval of Minutes of May 27, 2022, C. Approval of Minutes of June 6, 2022, D. Approval of Minutes of June 7, 2022, E. Budget Amendment #21, and F. 3-Year Renewal of Forestry Space Lease NEW BUSINESS: OLD HELENA SCHOOL REUSE CONCEPT: Mr. Phillip Jackson shared with the Board the following presentation outlining a proposal for the county owned property known as the Old Helena School for a reuse concept for a creation of a vocational training center to include Jobs for Life classes, trades school, job placement, financial literacy, and counseling. In addition, the establishment of a culinary program which will include venue space, culinary school, and the Community Gathering Table. Mr. Jackson introduced Mr. Rick Morgan with the Jobs for Life Program noting that character building was touted as the success of the program for skilled labor and the technology center. Mr. Jackson introduced Mr. Clevie Brandon with the Person County Ministerial Alliance and Mr. Tom Meyer, owner of a catering and culinary center, Love and Nourish, both instrumental in the development of the concept plan for the Old Helena School June 20, 2022 3 June 20, 2022 4 June 20, 2022 5 June 20, 2022 6 June 20, 2022 7 Vice Chairman Sims asked Mr. Jackson if they were requesting the park area where the softball field and basketball goals were located to which Mr. Jackson confirmed those areas were not in their request, only the main school building and the three outer buildings next to the gym. He noted they did not want to take away how the community uses those recreational areas. Vice Chairman Sims asked if they were confident to raise the $6.5M to $8M in funds for the project to which Mr. Jackson replied affirmatively, Commissioner Gentry asked Mr. Jackson what was his proposed timeline for this concept plan to which he stated an aggressive schedule would be 18-24 months noting they have not had an architect draw up a site plan as they wanted to gain the Board’s support prior to expending funds. June 20, 2022 8 Commissioner Puryear asked if their committee had reached out to the community for buy-in of the proposed concept plan to which Mr. Jackson stated they certainly would engage with the community. County Attorney, Ellis Hankins suggested Mr. Jackson and his committee to write a concise concept paper with more details for a future Board meeting as the Board voiced support of the Concept Plan, as introduced. Chairman Powell asked if a survey of the property was in order since the proposal does not include the entirety of the property, to which Mr. Hankins stated would be a good idea. Chairman Powell said, as the commissioners like the initial Concept Plan noting the location and the building were important to the community, he concurred with Mr. Hankins for a more detailed plan with the attorney guiding the process. Mr. Jackson and his partners present at the meeting confirmed their desire for this reuse Concept Plan of the Old Helena School site and would move forward in the process with the attorney. FISCAL YEAR 2022-2023 BUDGET ORDINANCE: General Statute 159-13(a) directs that the annual budget must be adopted by July 1. The budget ordinance may be adopted at any regular or special meeting at which a quorum is present, by a majority of those present and voting. County Manager, Heidi York stated the Fiscal Year 2022-2023 Budget Ordinance was before the Board for adoption having fulfilled the legal requirements including the conducting of a public hearing. Finance Director, Amy Wehrenberg presented the final Adjustments from Recommended to Adopted Budget summary as noted below which reflected an increase of $332,761 to the General Fund noting there were no adjustments made to any of the Other Funds. June 20, 2022 9 Department Explanation of Change Revenue Changes Expenditure Changes Equivalent Tax Rate (1 cent = $519,741) General Fund Recommended Budget 70,610,683 70,610,683 Revenues Fund Balance Appropriation (10090-399991)316,710 0.61 Fund Balance Appropriation (12090-399991)16,051 0.03 Expenditures Admin Dept-Interim County Manager contracted services (1004120-430000)54,600 0.11 Contingency-EMS Salary adjustments (1009910-499700)180,000 0.35 Kirby ADA Improvements (1006122-430000)82,110 0.16 Public Health Dept-Part-time restoration & related costs (1205110)16,051 0.03 Total Amended General Fund Budget 70,943,444 70,943,444 0.00 Difference of Amended Changes over (under) Recommended 332,761 332,761 0.64 Total Capital Investment Fund Budget 7,869,223 7,869,223 0.00 Total Representative Payees Fund Budget 900,170 900,170 0.00 Total Person Industries and Material Recovery Facility Fund Budget 2,677,171 2,677,171 0.00 Total Sheriff's Execution Fund Budget 100,000 100,000 0.00 Total Fire District Tax Fund Budget 2,206,940 2,206,940 0.00 Emergency Telephone System - Special Revenue Fund Total Emergency Telephone System Fund Budget 361,616 361,616 0.00 Revolving Loan - Special Revenue Fund Total Revolving Loan Fund Budget 5,492 5,492 0.00 Economic Catalyst - Special Revenue Fund Total Economic Catalyst Fund Budget 1,673,183 1,673,183 0.00 Water and Sewer - Special Revenue Fund Total Water and Sewer Fund Budget 1,062,200 1,062,200 0.00 Stormwater - Enterprise Fund Total Stormwater Fund Budget 389,394 389,394 0.00 Total Amended Budget FY 2022-23 88,188,833 88,188,833 Total Difference of Amended Changes over (under) Recommended 332,761 332,761 Capital Investment Fund - Special Revenue Fund Representative Payees - Special Revenue Fund Person Industries and Material Recovery Facility - Special Revenue Fund Sheriff's Execution - Special Revenue Fund Fire Tax District - Special Revenue Fund June 20, 2022 10 In addition, Ms. Wehrenberg stated the Health Department fees below were acknowledged after the Recommended Budget was presented, and have been incorporated into the Approved Fees Schedule: Immunizations 90671 Pneumococcal 15 $262 90677 Pneumococcal 20 $308 90697 Vaxelis $155 0094A Immunization administration of COVID19 vaccine-Moderna second booster $70 Family Planning Methods J7301 Skyla IUD $927 A motion was made by Vice Chairman Sims and carried 5-0 to adopt the Fiscal Year 2022-2023 Budget Ordinance and Fee Schedule, as presented. The Fiscal Year 2022-2023 Budget Ordinance and Fee Schedule, as adopted by the Board follows: June 20, 2022 11 June 20, 2022 12 June 20, 2022 13 June 20, 2022 14 June 20, 2022 15 June 20, 2022 16 June 20, 2022 17 June 20, 2022 18 June 20, 2022 19 June 20, 2022 20 June 20, 2022 21 June 20, 2022 22 June 20, 2022 23 June 20, 2022 24 June 20, 2022 25 June 20, 2022 26 June 20, 2022 27 June 20, 2022 28 June 20, 2022 29 June 20, 2022 30 AMERICAN RESCUE PLAN ACT OF 2021 GRANT PROJECT ORDINANCE & RELATED POLICIES (A RESOLUTION OF THE PERSON COUNTY BOARD OF COMMISSIONERS TO ADOPT A NONDISCRIMINATION POLICY AND CONFLICT OF INTEREST POLICY): Finance Director, Amy Wehrenberg submitted a Grant Project Ordinance for the American Rescue Plan Act (ARPA) of 2021 that replaces the original ordinance approved on June 7, 2021 as a result of new State requirements and further clarification on eligibility criteria of ARPA expenditures. As recommended by the School of Government, the County has elected to take the standard allowance, as authorized by 31 CFR Part 35.6(d)(1) and expend all its ARP/CSLFRF funds for the provision of government services. For ease in reporting, this Ordinance proposes to apply all of the project expenditures ($7,670,470) to salary and benefits for the Sheriff’s Department, Emergency Communications, Emergency Medical Services (EMS), and the Parks and Recreation Department. Ms. Wehrenberg stated that between the four departments, the entire ARPA allotment for Person County would be expended by end of FY23. The pledged funds will be transferred to the General Fund for the Board’s consideration as to how these supplanted funds will be expended. To date, the Board has set aside $2.75M for potential grant matches associated with Broadband infrastructure, leaving a remaining uncommitted balance of $4,920,470. Ms. Wehrenberg anticipated that a committee would present other funding recommendations to the Board in the coming months. In addition to the Grant Project Ordinance, Ms. Wehrenberg noted there were two related policies that the state requires Board approval. The first was a Resolution of the Person County Board of Commissioners to adopt a Nondiscrimination Policy that reaffirms that Person County will insure that no person shall be subject to discrimination under any programs or activities administered by the County that are funded in whole or in part with ARPA funds. Under this policy, the Assistant County Manager will review submitted complaints, inform county leadership and report to the Treasury Department as required. The second policy was a Conflict of Interest Policy that establishes the application of Conflict of Interest standards when the County enters into a contract or makes a subaward with vendors paid by the County using ARPA funds; for this policy Ms. Wehrenberg stated she was listed as the point of contact and designated official to complete disclosure forms and the compliance checklist when the value of a proposed contract or subaward exceeds $250,000. A motion was made by Commissioner Gentry and carried 5-0 to adopt the Grant Project Ordinance and related policies (A Resolution of the Person County Board of Commissioners to Adopt a Nondiscrimination Policy and Conflict of Interest Policy), as presented. June 20, 2022 31 June 20, 2022 32 June 20, 2022 33 PERSON COUNTY STATE OF EMERGENCY AND EMERGENCY MANAGEMENT ORDINANCES REVISIONS: Thom Schwalenberg, Director of Emergency Management Services shared the following presentation for the recommended revisions for the Person County State of Emergency Ordinance and the Emergency Management Ordinance: June 20, 2022 34 June 20, 2022 35 June 20, 2022 36 June 20, 2022 37 June 20, 2022 38 June 20, 2022 39 June 20, 2022 40 Commissioner Puryear asked why was the language removed in the State of Emergency Ordinance related to the absence or disability of the Chair, to which the County Attorney, Ellis Hankins clarified that the Emergency Management Act gave the Chair a range of discretion and with the Board interested in having a larger role, the language was no longer needed. Commissioner Puryear posed the question should the Chair be indisposed and unable to call a state of emergency, would the Vice Chair take over; Mr. Hankins stated the county would revert back to the general provisions of the county government chapter of law, 153A, and should a disability be significant enough, the Vice Chair would become the acting Chair and would have the same authority. Commissioner Gentry asked Mr. Schwalenberg for an example of an administrative warrant to which he used the example to enter a private property because of a contamination; he said it was not a criminal warrant, but called an administrative warrant that gives them permission to go onto the property to investigate. A motion was made by Commissioner Puryear and carried 5-0 to approve the Person County State of Emergency Ordinance, as presented and revised this date. June 20, 2022 41 June 20, 2022 42 June 20, 2022 43 June 20, 2022 44 June 20, 2022 45 June 20, 2022 46 June 20, 2022 47 A motion was made by Commissioner Puryear and carried 5-0 to approve the Emergency Management Ordinance, as presented and revised this date. June 20, 2022 48 June 20, 2022 49 June 20, 2022 50 June 20, 2022 51 June 20, 2022 52 June 20, 2022 53 June 20, 2022 54 June 20, 2022 55 RESOLUTION DESIGNATING THE MONTH OF JULY AS PARK AND RECREATION MONTH: John Hill, Director of Person County Recreation, Arts, and Parks Department stated the National Recreation and Park Association and the North Carolina Recreation and Park Association recommend that local leaders of cities and county governments recognize the benefit and value of their parks and recreation departments and the services, amenities, and programs they provide to their citizens. It is important to recognize how parks and recreation departments and their staff provide year-round services that have immense positive benefits to their community through health and wellness, both cognitively and physically, land and resource conservation/preservation, community resilience, economic development, crime reduction, and critical programs that are important to adult and childhood development. By consensus of the Board, Chairman Powell read and presented to Mr. Hill a Resolution Designating the Month of July as Park and Recreation Month in Person County. June 20, 2022 56 Mr. Hill introduced his newly hired Assistant Director, Kristen Herndon noting she was recognized as the Young Professional of the Year by the National Park & Recreation Association. June 20, 2022 57 REQUEST ACCEPTANCE OF FUNDING FROM GOLDEN LEAF SITE PROGRAM AND AUTHORIZE CHAIR AND STAFF TO CARRY OUT REQUIREMENTS OF THE AGREEMENT: Economic Development Director, Sherry Wilborn stated the Board, at its March 7, 2022 meeting authorized application for funding from the Golden Leaf Foundation (GLF) Site Program for clearing and grading approximately 25-acres of the county-owned North Park site. Ms. Wilborn announced that at the June 2, 2022 meeting of the GLF Board of Directors, Person County was awarded $973,750 to move forward with additional due diligence of clearing and grading at the North Park site. In order to receive funding and be authorized to move forward with the project, Person County must execute a “Grantee Acknowledgement and Agreement” document for GLF as well as take the necessary action to fulfill the terms of the agreement, such as carry out a competitive bid process. Ms. Wilborn stated there was a 12-month deadline noting extensions may be necessary. Ms. Wilborn stated her plan was to bid out the clearing and grading and to also include the timbering of the mature mixed hardwoods on the site. She estimated the value of timbering at $40K to $45K. Ms. Wilborn requested the Board to authorize the Chairman and Staff to execute the “Grantee Acknowledgment and Agreement” and to perform the necessary tasks to comply with the agreement and carry out the approved project parameters and to approve the grant revenue and expenditure budget of $973,750. A motion was made by Commissioner Puryear and carried 5-0 to authorize the Chairman and Staff to execute the “Grantee Acknowledgment and Agreement” and to perform the necessary tasks to comply with the agreement and carry out the approved project parameters and to approve the grant revenue and expenditure budget of $973,750. County Manager, Heidi York added the grant funding will be recognized in the Economic Catalyst Fund. June 20, 2022 58 June 20, 2022 59 June 20, 2022 60 June 20, 2022 61 June 20, 2022 62 June 20, 2022 63 June 20, 2022 64 June 20, 2022 65 RESOLUTION AMENDING THE ECONOMIC DEVELOPMENT COMMISSION FOR A CHANGE IN MEMBERSHIP: Chairman Powell presented to the Board a Resolution Amending the Economic Development for a Change in Membership to implement staggered terms among its Members-at-Large. Commissioner Gentry questioned the 5-year terms as compared to other boards and committees’ terms noting the Board of Commissioners’ term was 4-years; Chairman Powell stated the original thinking was for longevity. Commissioner Gentry asked how to decide who will get which terms, i.e., 4-year or 5-year terms to which Chairman Powell said it would be included in the motion. Commissioner Gentry stated the applicant should know which term they are applying; Vice Chairman Sims asked how were the positions advertised to which Clerk to the Board, Brenda Reaves confirmed the positions were advertised for 5-year terms according to the Resolution of record that outlines the terms. She added if the Board desired to stagger the terms, as proposed, a new resolution would have to be adopted. County Attorney, Ellis Hankins pointed out two corrections to the resolution before the Board: 1) in the first Whereas, Chapter 58 should read Chapter 158, and 2) in 1-D, Reappointments should read Future appointments. A motion was made by Vice Chairman Sims and carried 5-0 to adopt a Resolution Amending the Economic Development Commission for a Change in Membership, as presented including the two corrections by the County Attorney. June 20, 2022 66 June 20, 2022 67 June 20, 2022 68 June 20, 2022 69 APPOINTMENTS TO BOARDS AND COMMITTEES: Clerk to the Board, Brenda Reaves presented interested citizen applications for current vacancies received in response to an ad published in the local newspaper and on the county website mid-May with the advertised deadline to submit application by noon on June 7, 2022. Ms. Reaves asked the Board to nominate and appoint as deemed appropriate. ABC Board 3-Year Term: 1 position available 1) Michael “Mike” Laws requested reappointment 2) Robert Alan Satterfield requested appointment A motion was made by Commissioner Puryear and carried 5-0 to reappoint Mike Laws to the ABC Board for a 3-year term. Adult Care Home Community Advisory Committee 1-Year Initial Term; 3-Year Reappointment: 2 positions available – no applications Agricultural Advisory Board for the Voluntary Farmland Preservation Program established by the Voluntary Agricultural District Board Ordinance 3-Year: 1 position for a citizen representative from the following townships: Allensville, Bushy Fork: Bruce Whitfield requested reappointment Olive Hill Roxboro A motion was made by Chairman Powell and carried 5-0 to reappoint Bruce Whitfield to the Agricultural Advisory Board for the Voluntary Farmland Preservation Program established by the Voluntary Agricultural District Board Ordinance for a 3-year term in the seat designated for the Bushy Fork Township representative. Airport Commission 1 position for a citizen-at-large to fulfill an unexpired term to December 31, 2023 1) Robert (Bob) Wilkerson requested appointment 2) Norman (Skip) Carden III requested appointment A motion was made by Commissioner Palmer and carried 5-0 to appoint Bob Wilkerson to the Airport Commission to fulfill an unexpired term to December 31, 2023. June 20, 2022 70 Board of Health 1 position for an engineer for an unexpired term to June 30, 2023 1) Randy Eakes requested appointment 1 position for a dentist representative 1) Dr. Jeffrey Noblett requested reappointment 1 position for an optometrist representative A motion was made by Commissioner Gentry and carried 5-0 to appoint Randy Eakes to the Board of Health to fulfill an unexpired term to June 30, 2023 in the seat designated as the engineer representative, and to reappoint Dr. Jeffrey Noblett as the dentist representative on the Board of Health for a 3-year term. Economic Development Commission 5-Year Term: 6 positions available for citizens-at-large and 1 position available for a citizen-at-large for minority representation 1) Scott McKinney requested appointment 2) Doug Weaver Sr. requested appointment 3) Donald Long requested reappointment 4) Teresa W. Burch requested appointment 5) Jody Blackwell requested appointment 6) Sherry Clayton requested appointment 7) Kenneth Perry requested reappointment 8) Gordon Phillip Allen, Jr. requested reappointment 9) James “Jay” Poindexter, Jr. requested appointment 10) Thomas Bradsher requested appointment A motion was made by Chairman Powell to appoint Jay Poindexter, Jody Blackwell and Donald Long to the Economic Development Commission, each for a 4-year term. A substitute motion was made by Commissioner Palmer and failed 2-3 to appoint Jay Poindexter, Thomas Bradsher and Doug Weaver to the Economic Development Commission, each for a 4-year term. Commissioners Palmer and Gentry voted in favor of the substitute motion; Chairman Powell, Vice Chairman Sims and Commissioner Puryear cast the dissenting votes. The original motion made by Chairman Powell carried 3-2 to appoint Jay Poindexter, Jody Blackwell and Donald Long to the Economic Development Commission, each for a 4-year term. Chairman Powell, Vice Chairman Sims and Commissioner Puryear voted in favor of the original motion; Commissioners Palmer and Gentry cast the dissenting votes. June 20, 2022 71 A motion was made by Chairman Powell and carried 5-0 to appoint Phillip Allen, Scott McKinney and Sherry Clayton to the Economic Development Commission, each for a 5-year term. A motion was made by Chairman Powell and carried 5-0 to appoint Kenneth Perry to the Economic Development Commission as the minority representative for a 4-year term. One non-voting position for an agricultural/farm community representative 1) Dr. Claudia Berryhill requested reappointment A motion was made by Chairman Powell and carried 5-0 to reappoint Dr. Claudia Berryhill to the Economic Development Commission for a 5-year term in the non-voting position for an agricultural/farm community representative. Environmental Issues Advisory Committee 3-Year Term: 1 position for a citizen residing in each of the following townships: Allensville: 1) Robert Brauer requested reappointment Cunningham: Holloway: Mt. Tirzah: A motion was made by Chairman Powell and carried 5-0 to reappoint Robert Brauer to the Environmental Issues Advisory Committee for a 3-year term as the Allensville Township representative. Industrial Facilities and Pollution Control Financing Authority 6-Year Term: 7 positions available – no applications Juvenile Crime Prevention Council 1-Year Initial Term: 2-Year Reappointment 2 positions available for a citizen under the age of 21, 1 position available for a citizen representing the faith community, 1) Rev. Elizabeth P. McCoy requested reappointment 1 position available for a citizen representing a non-profit agency 1) Kelly Foti requested reappointment 2-Year Term: 1 position available for a Juvenile Defense Attorney, and up to 5 citizens-at-large 1) Teresa W. Burch requested appointment June 20, 2022 72 A motion was made by Commissioner Puryear and carried 5-0 to reappoint Rev. Elizabeth P. McCoy as the citizen representing the faith community, reappoint Kelly Foti as the non-profit agency representative and Teresa Burch, citizen-at-large to the Juvenile Crime Prevention Council, each for a 2-year term. Kerr Tar Regional Council of Government Board 1 citizen-at-large alternate position representing the private sector business – no applications Library Advisory Board 3-Year Term: 1 position available 1) Anne Gibson requested reappointment A motion was made by Commissioner Puryear and carried 5-0 to reappoint Anne Gibson to the Library Advisory Board for a 3-year term. Nursing Home Advisory Committee 1-Year Initial Term: 3-Year Reappointment; 4 positions available – no applications PATS Transportation Advisory Board 3-Year Term: 1 position available for an occupational affiliation representative of the following: medical related service, a citizen-at-large Rural Planning Organization Director or designee: 1) Diane Cox requested reappointment A motion was made by Commissioner Palmer and carried 5-0 to reappoint Diane Cox to the PATS Transportation Advisory Board as the Rural Planning Organization representative. Person-Caswell Lake Authority 3-Year Term: 1 position available 1) Lindsay Wagstaff, III requested appointment 2) Anna Hester-Martin requested appointment 3) Randy King requested appointment 4) Frank Stoltmann requested appointment June 20, 2022 73 A motion was made by Commissioner Palmer to appoint Randy King to the Person- Caswell Lake Authority for a 3-year term. A substitute motion was made by Vice Chairman Sims and carried 3-2 to appoint Lindsay Wagstaff, III to the Person-Caswell Lake Authority for a 3-year term. Vice Chairman Sims, Chairman Powell and Commissioner Puryear voted in favor of the substitute motion; Commissioners Palmer and Gentry cast the dissenting votes. Piedmont Community College Board of Trustees 4-Year Term: 1 position available 1) Tracy Harris requested appointment A motion was made by Chairman Powell and carried 5-0 to appoint Tracy Harris to the Piedmont Community College Board of Trustees for a 4-year term. Planning Board 3-Year Term: 2 positions available 1) W. Barry Walker requested reappointment 2) Shelia McGhee requested reappointment 3) Joshua S. Clayton requested appointment 4) Gerald Jermaine Wallace requested appointment 5) Thomas Bradsher requested appointment 6) James “Jay” Poindexter requested appointment A motion was made by Commissioner Gentry to reappoint Barry Walker and appoint Thomas Bradsher to the Planning Board, each for a 3-year term. A substitute motion was made by Commissioner Palmer to appoint Joshua Clayton and Jay Poindexter to the Planning Board, each for a 3-year term. Commissioner Puryear stated Mr. Poindexter would be ineligible to be appointed to the Planning Board as he serves on the Board of Equalization and Review and was just appointed to the Economic Development Commission. Commissioner Palmer amended his substitute motion to appoint Joshua Clayton to the Planning Board and failed 1-4. Commissioner Palmer cast the lone vote in favor of the substitute motion; Chairman Powell, Vice Chairman Sims, and Commissioners Puryear and Gentry voted against the substitute motion. The original motion made by Commissioner Gentry carried 4-1 to reappoint Barry Walker and appoint Thomas Bradsher to the Planning Board, each for a 3-year term. Chairman Powell, Vice Chairman Sims, and Commissioners Puryear and Gentry voted in favor of the original motion; Commissioner Palmer cast the lone dissenting vote. June 20, 2022 74 Recreation Advisory Board 3-Year Term: 2 positions available 1) Billy Carter requested appointment 2) Donald Long requested reappointment 3) Tabitha George requested reappointment A motion was made by Commissioner Palmer and carried 5-0 to reappoint both Donald Long and Tabitha George to the Recreation Advisory Board, each for a 3-year term. Region K Aging Advisory 3-Year Term: 5 positions available – no applications Social Services Board 3-Year Term: 1 position available – no applications Workforce Development Board 1-Year Initial Term; 2-Year Reappointment 1 position available for a member or an officer of organized labor, and 1 position available for a small business representative – no applications UPDATE ON COUNTY’S ADVOCACY EFFORTS RELATED TO DUKE’S CARBON PLAN: On October 13, 2021, Governor Cooper signed into law House Bill 951, “Energy Solutions for North Carolina” (S.L. 2021-165). House Bill 951 directs the North Carolina Utilities Commission to take all reasonable steps to achieve a 70% reduction in the emissions of carbon dioxide from Duke’s electric generating facilities in North Carolina by 2030, and “net-zero” by 2050. The Utilities Commission was directed to develop a plan by December 31, 2022, to achieve the carbon dioxide reduction goals. On May 16, 2022, Duke Energy filed its proposed “Carbon Plan” with the Utilities Commission. The Carbon Plan sets out various proposed portfolios that Duke believes will achieve the carbon reduction goals of House Bill 951. All of the proposed portfolios call for the closure of the Mayo plant in 2029. The closure of the Roxboro plant varies by portfolio, with the closure date proposed for 2029, 2032, or 2034. Recognizing the significance of the Mayo and Roxboro generating stations to the Person County Community, the Board of Commissioners authorized the engagement of outside legal counsel and consulting services to represent Person County at the North Carolina Utilities Commission in the Carbon Plan proceeding. June 20, 2022 75 Mr. Patrick Buffkin of the Buffkin Law Office of Raleigh, and a City of Raleigh Councilman shared the following presentation to provide an update on the status of the case and an overview of the County’s advocacy efforts: June 20, 2022 76 June 20, 2022 77 June 20, 2022 78 June 20, 2022 79 Chairman Powell stated Duke Energy’s presence was an important part of the community noting everyone’s concern about the possible closure of the power plants and that is why the Board was looking for Mr. Buffkin’s expertise and leadership to advise the County through the Utilities Commission process. June 20, 2022 80 AUTHORIZE ACQUISITION OF REAL PROPERTY (AN OFFER TO PURCHASE AND CONTRACT ACCESS AND UTILITY EASEMENT): The “County Farm”, located in the southeast region of Person County, covers 280 acres of planted timber and hardwoods along 1.5 miles of the Flat River. The county plans to restore the farmland into a greenspace park to expand the county park system and satisfy a portion of the county’s Interim Alternative Implementation Approach (IAIA) program obligation to meet Stage 1 compliance with the Upper Neuse River Basin Association (Falls Lake Watershed) stormwater regulations. The Approved FY2023-2027 Capital Improvement Plan includes $114, 394 per year for the next five years to fund stormwater projects. Currently, the County does not have access to the County Farm property from a state-maintained road or private easement and must seek permission from surrounding landowners to cross their property to reach it. The county-owned property is not accessible to the public. The Offer to Purchase and Contract provides the terms and conditions for the county’s purchase of an access and utility easement across a 33.23-acre tract owned by Ronald Tilley adjacent to the County Farm. The easement will provide public access to the future park property. Commissioner Gentry said Person County would acquire an access and utility easement 50 feet in width across the parcel owned by Ronald Tilley. The easement will begin 2000-feet north of the intersection of state road 737 and state road 738 along the existing farm road. Land contained within the easement will amount to 1.95 acres in size. Commissioner Gentry stated the park will become a mountain bike and hiking park; She noted the County will maintain a 100-foot riparian buffer along the riverbank. The new park will be developed following a public input and design process with fencing around the entire perimeter of the park. The County’s vision for the park is to provide recreational and educational amenities with low environmental and large tourism impact. The preliminary design includes the preservation of 15-20 acres of the public land by restoring and enhancing a riparian buffer and creating a green wildlife observation area. It includes a multi-purpose trail system with natural and wildlife observation, mountain biking, hiking, and walking components. Developing trails and greenspace areas will improve community health and increase tourism by encouraging individuals and groups to exercise and lead a healthy lifestyle. The community will also benefit from improved water quality, reduced erosion runoff and sediment control, and improved wildlife and fish habitat. County Manager, Heidi York stated the funding for the purchase price of $75,000 was available in the County’s Stormwater Fund. A motion was made by Commissioner Gentry and carried 5-0 to approve the purchase of an access and utility easement across a 33.23-acre tract, owned by Ronald W. Tilley, in the Mt. Tirzah Township in the amount of $75,000 and authorize the chair to fully execute the Offer to Purchase and Contract. June 20, 2022 81 CHAIRMAN’S REPORT: Chairman Powell had no report. MANAGER’S REPORT: County Manager, Heidi York reported that Mr. Ralph Clark would be shadowing her some this last week with Person County. She noted the County Manager job description has been posted on the Executive Search Consultant’s website. Ms. York thanked the group for her recognition at this, her final Board meeting with Person County. COMMISSIONER REPORT/COMMENTS: Vice Chairman Sims had no report. Commissioner Palmer commented his support of the cost of living adjustment for county employees and the great selections on boards and committees. Commissioner Gentry commented on Senate Bill 372 relating to electrical building code affecting electrical contracting licensing, waste waste treatment issues, building code rules in local building inspection departments; one rule caps the total the number of hours required to get an electrical contracting license, reducing the timeframe when a treated waste water system has to file a performance bond with the Dept. of Environmental Quality, lessening the requirements for the local Health Department to conduct to grouting inspection for a private water well is the well contractor provides certification and the grouting complies with state law. In addition, local government to designate an individual to oversee the enforcement of planning and development inspections. Also local governments are required to publish annual financial reports and how it uses fees accessed from development and building maintenance permit fees. Commissioner Gentry stated this bill passed the House and was going back to the Senate for concurrence. Commissioner Puryear thanked Ms. York for her service and wished her the very best. June 20, 2022 82 CLOSED SESSION #1 A motion was made by Commissioner Gentry and carried 5-0 to enter into Closed Session#1 at 11:27am per General Statute 143-318.11(a)(3) for the purpose to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged; the following individuals are permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ellis Hankins, Economic Development Director, Sherry Wilborn, Retained Attorney, Patrick Buffkin, and Retained Consultant, Kevin O’Donnell via telephone. A motion was made by Vice Chairman Sims and carried 5-0 to return to open session at 12:16pm. ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 12:17pm. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman