07-18-2022 Meeting Minutes BOC
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PERSON COUNTY BOARD OF COMMISSIONERS JULY 18, 2022
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Ralph Clark, Interim 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, July 18, 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 Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell stated a request to add an item to the agenda to consider a
Permanent Utility Easement; County Attorney, Ellis Hankins requested to add Closed
Session #2 to the agenda for attorney-client privilege related to confidential legal matters.
A motion was made by Commissioner Gentry and carried 5-0 to add an item to
the agenda to consider a Permanent Utility Easement as well as to add Closed Session #2
to the agenda, and to approve the agenda as adjusted.
RECOGNITION:
RESOLUTION OF APPRECIATION FOR COUNTY RETIREE:
Chairman Powell read and presented Steven Petty a Resolution of Appreciation as
follows:
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Sheriff Dewey Jones stated Mr. Petty was an outstanding individual and that he
would be missed. Mr. Petty thanked all Person County officials for allowing him to serve.
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INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. Jim Brooks of 601 Estate Road, Semora addressed the Board related to the
Peninsula development at Hyco Lake sharing his concerns for 1) boating safety on the lake,
and 2) the perceived strategy for a multi-community dock slips and the opportunity for a
private boat ramp. Mr. Brooks stated this original project for 162 lots was approved by the
Board of Commissioners noting the developer had recently requested approval of 32
additional interior lots, which was heard by the Planning Board; he said the Planning Board
voted to recommend approval to the Board of Commissioners. Mr. Brooks said the
developer has paused the project for now.
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 June 20, 2022,
B. Budget Amendment #22,
C. DSS Attorney Contracts,
D. Person County Juvenile Crime Prevention Council Funding Recommendations
for FY23,
E. FY23 Position Classification and Pay Plan,
F. Contract for School Nursing Services between Person County and Person
County School System, and
G. Tax Adjustments for July 2022
a. Tax Releases
b. NC Vehicle Tax System pending refunds
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NEW BUSINESS:
FOUNDATION FORWARD BUILDING YOUR CHARTERS OF FREEDOM
SETTINGS:
David W. Streater, PhD, Education Director with Foundation Forward stated they
were a secular 501(c)(3) education non-profit organization who is apolitical and areligious.
Dr. Streater stated Vance and Mary Jo Patterson established this entity between 2011 and
2014.
Dr. Streater noted Foundation Forward’s mission was to build replicas of the
Charters of Freedom across the United States, synonymous with the originals, in the
National Archives in Washington, DC; the founding documents include the Declaration of
Independence, the United States Constitution, and the Bill of Rights.
Dr. Streater stated the scope of the project was to design and build replicas that are
central and open to the community 24/7, with high visibility, voluminous foot traffic, and
easy access for schoolchildren, veterans and all others. Dr. Streater explained the
construction process noting the displays are engineered and built to last 300-500 years with
all documents made to original size etched in bronze, each weighing 60 pounds and covered
by engineered industrial viewing glass. Also included with the display is a vault with a
time capsule sealed inside to be opened on Constitution Day, September 17, 2087.
Dr. Streater illustrated examples of the settings that Foundation Forward has
completed in the 3,143 counties, parishes, districts, etc. in the United States noting each
setting has a dedication ceremony. Dr. Streater further noted Foundation Forward’s goal in
North Carolina was to have a setting displaying the founding documents in all 100 counties.
Dr. Streater noted the next steps following this presentation to the governing body
was: an acceptance of project with site approval, letter of intent and/or memo of
understanding signed with a planned start date, a project champion named, steering
committee assembled as necessary, community support implemented, and
building/construction of Charters of Freedom Setting, dedication date established at 50-
75% completion of construction, recognition plaques and time capsule sealed
approximately six months after dedication.
Vice Chairman Sims asked about a location and the associated costs to which Dr.
Streater said the settings would be a gift to the county from Foundation Forward and their
criteria was for the settings to be accessible, visible and ADA compliant.
Commissioner Palmer noted his support and said the Courthouse lawn had
sufficient space for the settings and would be accessible at all times.
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Commissioner Gentry asked about fundraising to which Dr. Streater said he and his
colleagues were willing to come to Person County provide any civic organization a similar
presentation; he noted they were open to donations.
Chairman Powell stated consensus that the Board liked the concept and thanked Dr.
Streater for coming again noting he and Commissioner Puryear had previously seen this
presentation.
Commissioner Puryear asked what was the next step to which Dr. Streater noted he
would get a letter of intent/memo of understanding with a planned started date.
A motion was made by Commissioner Gentry and carried 5-0 to move forward
with selecting a location and entering into a letter of agreement to begin the process.
FIRE SERVICE AGREEMENT BETWEEN PERSON COUNTY AND LEASBURG
VOLUNTEER FIRE DEPARTMENT:
Fire Marshal, Adam Morris said the Leasburg Volunteer Fire Department (VFD),
based in Caswell County, has agreed to an automatic aid agreement to help with ISO
classification 10 areas on the western side of Person County. This Fire Protection
Automatic Aid Agreement was between the City of Roxboro and Volunteer Fire
Departments in Person County and Caswell County.
Mr. Morris presented the Board with a Fire Services Agreement between Person
County and the Leasburg VFD for approval at an agreed upon $10,000 per year. He noted
these properties are not located within the 6-mile radius of any of Person County’s fire
departments, but they are within 6 miles of Leasburg VFD. The properties within Leasburg
VFD’s 5-mile radius will benefit from Leasburg VFD’s ISO rating of 6, and those between
the 5- and 6-mile radiuses would receive an ISO rating of 9. Mr. Morris noted that
unallocated funds budgeted in the FY23 Fire Tax District Fund would be used to support
the funding in the agreement. In addition, four portable radios will be provided to the
Leasburg VFD.
Mr. Morris stated the Leasburg VFD would not gain any district in Person County
but would respond to structure fires and automatic fire alarms within the following districts:
Hurdle Mills, Ceffo, and City of Roxboro (PC1). The map on the last page of the
Agreement shows the area of additional coverage which should result in an insurance
reduction for approximately 288 homeowners that currently have an ISO rating of 10.
Unfortunately, Mr. Morris said an approximately 50 homeowners would not benefit from
this proposed agreement and will remain at an ISO rating of 10.
A motion was made by Vice Chairman Sims and carried 5-0 to approve the Fire
Services Agreement with Leasburg Volunteer Fire Department, as presented.
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ADDENDUM TO THE RESCUE SERVICES CONTRACT FOR ROXBORO-
PERSON COUNTY RESCUE SQUAD:
Fire Marshal, Adam Morris presented an Addendum to the Rescue Services
Contract for the Roxboro-Person County Rescue Squad for the Board’s consideration to
approve as well as authorize the Interim County Manager to sign. Mr. Morris said the
Roxboro-Person County Rescue Squad has requested additional annual funding in the
amount of $7,500 per North Carolina Rescue Commission certification obtained. The
department currently holds two rescue certifications: Medical Responder Unit and Medium
Rescue Provider. There are 16 possible certifications under the NC Rescue Standards, but
the department will not pursue all of them, as some are not relevant to the services they
provide. It will take several years of work to obtain additional certifications.
Mr. Morris reminded the group that the Board established a process to reward fire
departments for their efforts to lower the ISO fire rating for the county’s rural fire districts
by awarding a recurring $7,500 from the Fire Tax District Fund for each ISO fire rating
point reduction achieved. Reduced ISO fire ratings demonstrate an improvement in how
well the fire departments can protect the community and result in savings to county
residents on their homeowner’s insurance. Likewise, additional rescue certifications
demonstrate an improvement in how well the rescue squad is prepared to respond to
emergencies throughout the county. Mr. Morris added that rescue certifications do not
impact homeowner’s insurance.
Currently, Person County Rescue holds two certifications that would qualify them
for an additional $15,000 in county funding if rescue certification bonuses are approved.
This would reward the organization for their extra work, similarly to how the volunteer fire
departments receive the ISO fire rating reduction bonus for each point lowered.
Unallocated funds in the FY23 Fire Tax District Fund would be used for the increase in
funding. Mr. Morris stated the yearly disbursement of funds for the Roxboro-Person
County Rescue Squad would increase from $78,030 to $93,030.
Commissioner Gentry asked if there was any way to have the rescue certifications
to impact the homeowner’s insurance, i.e. lobbying, to which Mr. Morris said there was
not at this time until the law changes.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Addendum to the Rescue Services Contract for Roxboro-Person County Rescue Squad to
award the additional $15,000 for the two obtained rescue certifications and to authorize the
Interim County Manager to execute the Addendum.
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2021 TAX COLLECTOR SETTLEMENT:
Russell Jones, Tax Administrator stated as required by General Statute 105-
373(a)(3), an annual settlement for taxes for the current fiscal year and all previous years
must be made with the governing body of the taxing unit.
Mr. Jones shared the following presentation to highlight the 2021 Tax Collection
Settlement:
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Mr. Jones asked the Board to make a motion to accept the 2021 Tax Collection
Settlement.
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A motion was made by Commissioner Puryear and carried 5-0 to accept the 2021
Tax Collector Settlement, as presented.
ORDER TO COLLECT TAXES:
Tax Administrator, Russell Jones stated as required by General Statute 105-321,
the governing board of the taxing unit must issue an order of collection to tax collectors,
thus giving the tax collector legal authority to collect taxes. Mr. Jones requested from the
Board a motion to direct Tax Collector to collect taxes for 2022 and delinquent taxes from
prior years.
A motion was made by Vice Chairman Sims and carried 5-0 to direct Tax
Collector to collect taxes for 2022 and delinquent taxes from prior years.
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APPOINTMENT TO THE RESEARCH TRIANGLE REGIONAL PARTNERSHIP
BOARD OF DIRECTORS:
Clerk to the Board, Brenda Reaves announced the Fiscal Year 2023 appointment
of three members representing Person County was due for the Research Triangle Region
Partnership’s Board of Directors. Ms. Reaves requested board nomination as deem
appropriated noting historically, the Board has appointed or reappointed the Economic
Development Director, the commissioner representative serving on the Economic
Development Commission as well as the Chair of the Economic Development
Commission. Therefore, for Fiscal Year 2022-2023, Ms. Reaves presented the following
for consideration:
1) Sherry Wilborn, Person County Economic Development Director,
2) Gordon Powell, Chairman of the Person County Board of Commissioners and
commissioner representative on the Economic Development Commission
(also serves on the RTRP Executive Board), and
3) Phillip Allen, Chairman, Economic Development Commission
A motion was made by Commissioner Puryear and carried 5-0 to reappoint Sherry
Wilborn, Gordon Powell and Phillip Allen to the Research Triangle Region Partnership’s
Board of Directors for Fiscal Year 2023.
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REQUEST TO AUTHORIZE INTERIM COUNTY MANAGER TO ENTER INTO
CONTRACT FOR PROPERTY SURVEY OF THE PERSON COUNTY MEGA
PARK:
Economic Development Director, Sherry Wilborn stated a land survey of the
Person County Mega Park was an important next step to providing specific site
development costs for planning purposes, as well as for providing these cost estimates to
prospects.
The Economic Development Commission (EDC) called a special-called meeting
on July 12, 2022 to review submitted survey proposals. There were different levels of
service between the proposals. It was the EDC’s recommendation to go with S.D. Puckett
and Associates at a cost of $58,400 noting the extensive tasks scoped in the Summit
proposal were not necessary for the needs of the project. Ms. Wilborn said the EDC also
recommended funding this from the Economic Catalyst Fund. Ms. Wilborn requested
Board action to authorize the Interim County Manager to enter into contract for Property
Survey of the Person County Mega Park.
Chairman Powell stated the funding was already in the Catalyst Fund and this was
an important step to secure the Mega Park.
Commissioner Gentry stated her support noting she felt this should have been done
long ago. Ms. Wilborn stated the idea was for the survey to be done when an end user
identified the number of acres needed for its project.
A motion was made by Vice Chairman Sims and carried 5-0 to authorize the
Interim County Manager to contract with S.D. Puckett and Associates for the property
survey of the Person County Mega Park in the amount of $58,400 to be funded from the
Economic Catalyst Fund.
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PERSON COUNTY COMMENTS RELATED TO THE DUKE ENERGY CARBON
PLAN, NC UTILITIES COMMISSION:
Last October the General Assembly enacted and Governor Cooper signed into law
House Bill (HB) 951, “Energy Solutions for North Carolina (S.L. 2021-165). The
legislation directs the NC Utilities Commission (NCUC) to take all reasonable steps to
achieve a 70% reduction in carbon dioxide emissions from Duke’s electric generating
facilities in North Carolina by 2030, and “net-zero” by 2050. The Commission was directed
to develop a plan by the end of 2022 to achieve the carbon dioxide reduction goals.
County Attorney, Ellis Hankins stated Duke Energy filed its proposed “Carbon
Plan” with NCUC in May. The proposed Plan sets out various proposed portfolios that
Duke believes will achieve the carbon reduction goals of HB 951. All of the proposed
portfolios call for the closure of the Mayo plant in 2029. The Roxboro plant closure 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, economy and property tax base, Mr. Hankins said the Board
of Commissioners authorized the engagement of outside legal counsel and consulting
services to represent the County before NCUC in the proceeding. The County engaged the
services of Patrick Buffkin of Buffkin Law Firm in Raleigh, and an expert consultant to
help develop relevant factual information and effective policy and legal arguments. Mr.
Buffkin provided a public update at the June 20, 2022 Board of Commissioners meeting.
Mr. Hankins further noted that the NCUC granted Person County’s motion to
intervene as a party in the proceeding, recognizing that Person County and our citizens
have a compelling interest and stake in this matter and the future of electric generation
facilities and operations in the County, and are entitled to a direct voice in the matter. Mr.
Hankins stated Mr. Buffkin filed Person County’s comments by the deadline of Friday,
July 15, 2022 including specific recommendations and requests with respect to the ultimate
NCUC order in the proceeding. Mr. Hankins noted that the filed comments (34 pages)
could be found on the county’s website. In addition, Mr. Hankins said a press release will
be issued this date on this topic.
To summarize, Mr. Hankins noted that Person County’s comments were consistent
with Duke Energy’s approach. Person County asked that Duke Energy continue to operate
electric generating units in the county, whether coal or natural gas into the future. He
further noted the County’s comments ask the NCUC to keep consumer rates low by
recognizing the large amount of electric transmission located in the County and that current
and additional generation continue to be operated in Person County. In addition, Person
County would like for Duke Energy to maintain a corporate presence in Person County and
provide support for the community during any transition period.
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Mr. Hankins said Person County would advocate for the Mountain Valley Pipeline
(MVP) to continue its construction through Virginia and into North Carolina. He said gas
fired electric generating facilities are a fossil fuel with less emissions than coal and this
strategy will comply with the legislative mandate to reduce carbon emissions. Mr. Hankins
stated the MVP in Virginia was mostly complete but its federal level permits were held up
in the Court of Appeals.
Chairman Powell stated he attended the public hearing on July 11, 2022 in Durham;
Phillip Allen, Chair of the Economic Development Commission and Claudia Berryhill,
Chair of the Tourism Development Authority also attended and offered comments.
PERMANENT UTILITY EASEMENT:
County Attorney, Ellis Hankins recommended that the Board add this item to the
Board agenda for approval on the record as the County was not conveying away fee simple
interest, but was conveying a significant interest in one or more parcels owned by the
County.
The Roxboro western sewer project runs along the highway by the Sportsplex
recreation complex, then follows our property line between the Sportsplex and Tommy
Carver’s property. The sewer line will be on Person County side of the property line. The
City of Roxboro and their consultants have drafted an easement agreement for the County
to sign, requiring County Manager, County Clerk, Chairman Powell, and a Notary to sign.
A motion was made by Commissioner Gentry and carried 5-0 to approve the
Permanent Utility Easement, as presented.
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CHAIRMAN’S REPORT:
Chairman Powell reported this was the Interim County Manager, Ralph Clark’s
first Board meeting noting he was knowledgeable and very responsive.
Chairman Powell said he spoke with the executive search recruiter related to the
County Manager job posting which has yielded 16 applications thus far; he added the Board
would hear an update from the recruiter at its meeting on August 1, 2022.
INTERIM MANAGER’S REPORT:
Interim County Manager, Ralph Clark said he had made time to meet individually
with the commissioners as well as department heads to discuss current needs. Mr. Clark
stated he was looking into the Human Services facility lease that houses the Dept. of Social
Services and Health Department employees noting the lease expires in two years with
provisions for renewal or purchase. Mr. Clark stated through his individual meetings with
department directors, he wanted to make the Board aware of a number of staff will be
eligible to retire in the next year or so. Mr. Clark stated his desire to comply with his
contract to work 30 hours per week noting extra meetings outside the normal work hours
would add hours; the Board consented to Mr. Clark leaving early during the week when he
has hours over 30.
COMMISSIONER REPORT/COMMENTS:
There were no commissioner comments or reports.
Sheriff Dewey Jones asked for a moment to invite commissioners to attend a Rapid
Response Training at the Community School on July 19, 2022 starting at 8:30am.
CLOSED SESSION #1
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session at 11:04am per General Statutes 143-318.11(a)(4) for the purpose of discussion of
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 and 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, Interim County Manager, Ralph Clark, Clerk to the Board, Brenda
Reaves, and Economic Development Director, Sherry Wilborn.
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Chairman Powell called the Closed Session #1 to order at 11:08am.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 11:40am.
CLOSED SESSION #2
A motion was made by Vice Chairman Sims and carried 5-0 to consult the county
attorney on matters within the scope of attorney-client privilege to consider and give
instructions to the attorney concerning the handling or a settlement or a judicial matter or
a legal proceeding under General Statutes 143-318.11(a)(3) at 11:41am with the following
individuals permitted to attend: County Attorney, Ellis Hankins, Interim County Manager,
Ralph Clark, Assistant County Manager, Katherine Cathey, Clerk to the Board, Brenda
Reaves and Economic Development Director, Sherry Wilborn.
Chairman Powell called the Closed Session #2 to order at 11:41am.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 11:55am.
ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the
meeting at 11:56am.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman