10-17-2022 Meeting Minutes BOC
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 17, 2022
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, 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, October 17, 2022 at 9:00am in the Person County Office
Building Auditorium located at 304 S. Morgan Street, Roxboro, NC.
Chairman Powell called the meeting to order and offered an invocation. Vice
Chairman Sims led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Gentry and carried 5-0 to approve the
agenda.
RECOGNITION:
RESOLUTION OF APPRECIATION FOR COUNTY RETIREE:
Chairman Powell read and presented a Resolution of Appreciation to County
Retiree, Sherry Harris. Ms. Harris expressed her gratitude to serve with Person County
Government along with the county departments. Ms. Harris stated her confidence in the
new Elections Director and thanked the Board for its support.
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PUBLIC HEARING:
CLOSEOUT REPORT ON THE COUNTY’S 2018 COMMUNITY
DEVELOPMENT BLOCK GRANT FOR ECONOMIC DEVELOPMENT FOR
POLYWOOD LLC:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a Closeout Report on the County’s 2018 Community
Development Block Grant (CDBG) for Economic Development for Polywood LLC.
Mr. David Hartigan of Hartigan Management from Raleigh stated Person County
received a $1M CDBG grant to assist in the renovations at Polywood LLC. Polywood used
the CDBG funds to renovate a 444,543 square foot building located at 3300 Jim Thorpe
Highway in Roxboro. Mr. Hartigan noted the CDBG grant funds were loaned to Polywood
LLC in the form of a forgivable loan in exchange for job creation. To bring the building to
the standards needed to operate, Polywood LLC made renovations to the internal walls and
flooring, renovations to the break room and shipping office, installation of overhead and
dock doors, and extensive HVAC, electrical and air quality work at a cost of nearly $3.2
million. Other project costs included $5,000 for environmental review and planning and
$25,000 for grant administration. Polywood LLC also invested $30 million in new
machinery and equipment and other costs.
Mr. Hartigan further noted the company intended to create 109 new jobs with 60%
going to persons residing in low to moderate income households. As of July 31, 2022,
Polywood had created 248 new jobs with a total of 177 (71.3%) going to individuals with
low to moderate income. Mr. Hartigan confirmed for the Board that this grant related to
Polywood’s initial location to Person County, not to be confused with Polywood’s current
plans for expansion.
Mr. Hartigan said no action was required by the Board, however the Chairman’s
signature would be needed on the final report once the Department of Commerce
completed its monitoring of the Closeout Report of the County’s 2018 CDBG, and once
the final report was received, he would request the Chairman’s signature.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Closeout Report on the County’s 2018 Community Development Block
Grant for Economic Development for Polywood LLC.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Closeout Report on the County’s 2018 Community Development Block Grant
for Economic Development for Polywood LLC.
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INFORMAL COMMENTS:
Chairman Powell reminded the public that comments should address the full Board
and not individual commissioners. He announced each speaker would have two minutes
to address the Board.
The following individuals appeared before the Board to make informal comments:
Ms. Dorothy Wagstaff of 165 Isaac Trail, Roxboro, stated her concerns related to
the auditorium availability if the Board converts to a business meeting room noting the
space was used for many activities by the schools, cooperative extension events, elections/
voting and for fundraisers and gospel music events.
Mr. Ronald Epps of 1019 Epps Martin Road, Roxboro, and Commander for the
Disabled Veterans Association urged the Board to recognize Operation Greenlight in
Person County.
Mr. Phillip Jackson of 3497 Halifax Road, Roxboro asked the Board to reconsider
the use of the old Helena School pointing out the emerging crisis of poverty and violence
and the need to create a place for individuals to get back on track. Mr. Jackson said the
community would benefit. He added the nonprofit has the resources to make it a reality.
Person County’s Sheriff Dewey Jones wanted to make the Board aware of staffing
issues in the Detention Center, in particular, for the female inmate population. Sheriff
Jones stated without proper staffing, he was faced with possibly transporting female
inmates to Granville County, which would be costly. He noted that both Granville and
Caswell counties have taken steps to increase pay as well as pay a sign-on bonus to attract
employees. Currently, Sheriff Jones said he was down 13 staff in the Detention Center.
Ms. Louise Oliver of PO Box 1921, Roxboro voiced opposition for the Board to
make the auditorium a permanent meeting space. She noted the many program uses in the
auditorium and without another space offered up to hold the events, she asked the Board
to knock out a wall to make the upstairs meeting room larger to accommodate the public.
Ms. Lori Browning of 54 River Trace Drive, Rougemont, and an ECA member
stated agreement with Ms. Oliver’s comments noting the numerous events held in the
auditorium. She stated the Board’s idea was counter intuitive and was of no benefit for the
community.
Ms. Cheryl Senter of 407 Tanglewood Circle, Roxboro stated support of Mr.
Jackson’s comments and his concept plan to reuse the old Helena School for education
purposes for individuals in poverty and crisis.
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Ms. Holly Ann Rogers of 430 Younger Road, Roxboro, and a candidate for the
office of Board of Commissioners in the upcoming general election, stated she was running
on listening to the people of Person County; she said the #1 request of the community was
for a public pool, a place for children to learn to swim. Ms. Rogers stated the Board has
significant federal funds and asked the Board to consider making this request, by the people
since 2008, a priority.
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 September 22, 2022,
B. Approval of Minutes of September 28, 2022,
C. Budget Amendment #8,
D. Consulting Services Agreement with Management Advisory Group
International, Inc. for Conducting a Classification and Total Compensation
Study for a cost of $48,750,
E. FY2024 Public Transportation Program Resolution,
F. Person County Health Department Fee Requests for the administration of the
COVID-19 Moderna and Pfizer Bivalent vaccinations,
G. Consideration of Approval of Late Exemption Applications, and
H. Tax Adjustments for October 2022
a. Tax Releases
b. NC Vehicle Tax System pending refunds
NEW BUSINESS:
PROPOSED NEW FARMLAND PRESERVATION ORDINANCE AND REPEAL
OF VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE:
Nancy McCormick, Soil & Water Manager for the Person Soil & Water
Conservation District for the Person County Soil & Water Department, and Chairman of
the Agricultural Advisory Board Norman Boyette requested Board consideration to adopt
a Farmland Preservation Ordinance and to repeal the Voluntary Agricultural District
Ordinance.
The Voluntary Agricultural District (VAD) Ordinance was adopted on Feb. 7,
2011. This ordinance established the Person County Agricultural Advisory Board (AAB)
and Voluntary Agricultural District program.
Ms. McCormick stated the General Assembly passed Senate Bill 605 in 2021. This
bill enacted various statutory changes relating to farmland definitions, conservation
agreements, voluntary agricultural districts, agricultural advisory boards, and the record of
notice of proximity to farmlands. With these statutory changes, Ms. McCormick noted the
current VAD ordinance had to be amended or replaced with another ordinance.
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Ms. McCormick further noted the Soil & Water staff and the AAB Chair attended
several trainings and worked with the NC Dept. of Agriculture Farmland Preservation
Division and their leadership group to implement these requirements along with additional
updates and recommendations into the Farmland Preservation Ordinance before the Board.
She added the proposed new ordinance was reviewed by Evan Davis, Farmland Division
Director, Robert Branan, NC State Extension Professor, the AAB, and county attorney.
Ms. McCormick highlighted the Farmland Preservation Ordinance through the
following presentation:
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Ms. McCormick and County Attorney Ellis Hankins answered questions and
reaffirmed with the Board that the Voluntary Agricultural District is a voluntary program
and would automatically renew for subsequent ten year terms unless either the landowner
or the Advisory Board provides written notice prior to the expiration of the conservation
agreement.
Ms. McCormick stated the conservation agreement for land within an Enhanced
Voluntary Agricultural District would be recorded with the Register of Deeds and will
automatically renew for an additional term of three years unless either the Advisory Board
or the landowner provides written notice prior to the expiration date. This agreement is
irrevocable and the term runs with the land, regardless if the property ownership changes.
At the end of the three-year term, the conservation agreement will expire and the county
will remove the tract from the public records of the program within 60 days. The
landowner may re-apply if the desire is to continue in the program.
Commissioner Gentry suggested a policy be put into place for contact with the
landowner prior to the automatic renewal of the agreements.
Chairman Powell noted his support of the proposed ordinance to bring Person
County into compliance with state law.
A motion was made by Commissioner Palmer and carried 5-0 to adopt the
Farmland Preservation Ordinance and repeal the Voluntary Agricultural District
Ordinance, as presented.
The adopted Farmland Preservation Ordinance follows:
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POTENTIAL SALE OF SURPLUS REAL PROPERTY TO HAROLD T. BROOKS
LIMITED PARTNERSHIP FOR AN OUTPARCEL OF HELENA SCHOOL
PROPERTY, TIMBERLAKE:
County Attorney, Ellis Hankins stated Person County has received a written offer
to purchase a 2.33 acre outparcel of the Helena School property, located in Timberlake.
Harold T. Brooks Limited Partnership (William Brooks and Roy Brooks) offers $11,650
(the value according to an appraisal report), plus the cost to Person County for the survey
and appraisal ($2,825 and $500, respectively). So the total offer is $14,975.
Mr. Hankins noted the offer was subject to the negotiated offer, advertisement and
upset bid procedure specified in N.C.G.S. § 160A-269. The offeror must deposit 5% of the
offer amount with the Clerk to the Board ($748.75). Other persons may raise the bid by not
less than 10% of the first $1,000 and 5% of the remainder (i.e., not less than $15,773.75),
within 10 days of the date of the published notice of this offer. Other bidders also must
deposit 5% of the bid with the Clerk along with a written offer.
If the Board so desires, Mr. Hankins said the Board may tentatively accept this
written offer and start the statutory process, the following is the appropriate action:
tentatively accept the offer, subject to completion of the procedural steps outlined in the
negotiated offer and upset bid statute, and then final acceptance of the highest offer and
approval of a mutually acceptable contract of sale with the successful bidder.
Commissioner Palmer asked for confirmation that the parcel contained a septic tank
drain field, which was affirmed by staff.
Commissioner Gentry asked her fellow commissioners to table this item until the
Board’s next meeting as she felt there was forthcoming information and further discussion
regarding this property. She requested the Board to wait for a decision until the Board has
all the details.
A motion was made by Commissioner Gentry and carried 5-0 to table this item
until the Board’s next meeting for a decision.
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PROCLAMATION FOR OPERATION GREENLIGHT:
Chairman Powell read a Proclamation for Operation Greenlight for Board
consideration.
A motion was made by Commissioner Puryear and carried 5-0 to adopt a
Proclamation to proclaim the week of November 7-13, 2022 as the week of Operation
Greenlight in Person County.
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CHAIRMAN’S REPORT:
Chairman Powell announced the Board’s next meeting scheduled for November 7,
2022 would be held in the commissioners’ boardroom 215.
MANAGER’S REPORT:
Related to the Board’s adopted proclamation for Operation Greenlight, County
Manager Katherine Cathey reported that the General Services Department was looking into
getting greenlights for county buildings.
Ms. Cathey stated in follow-up to the Sheriff’s comments related to staffing issues
in the Jail, staff are working on creative options for recruitment and retention of employees.
Chairman Powell asked Ms. Cathey about the classification and compensation study that
was budgeted to which she noted the Board approved, on its Consent, an agreement for
conducting the study, which will begin with a survey to all employees with the results to
be received in time for the next fiscal year budget process. Ms. Cathey stated what the Jail
was currently experiencing was a more pressing need in advance of the next fiscal year
budget.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims commented his concerns related to the number of vacancies
with the Detention Center. He also assured the public that the Board has made no definite
decision related to converting the auditorium to the Board’s meeting room; he noted that
the number of attendees at this meeting would be hard-pressed to fit in the upstairs
commissioners’ boardroom. Vice Chairman Sims addressed the comment related to a
community pool noting there are safety issues to consider and longer costing
considerations, i.e. who maintains the pool, the site, the cost factors. He thanked everyone
attending the meeting and those who expressed comments.
Commissioner Palmer concurred with Vice Chairman Sims noting the Board has
limited resources while trying to make the best choice for everyone.
Commissioner Gentry commented on the need for the Public Information Officer
position so that citizens can have all the information. She iterated that citizens are
misunderstanding the concept was not to use all the auditorium space and to keep it a
multiuse room.
Commissioner Puryear stated the comments of his fellow commissioners reflected
his own. Chairman Powell added that the Board has discussed the possibility of making
the auditorium a permanent boardroom and staff are working with an architect to improve
the room but not to eliminate others using the space. He thanked everyone for input.
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CLOSED SESSION #1
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session #1 at 10:06am, per General Statute 143-318.11(a)(3) for the purpose to consult
with the county attorney in order to preserve the attorney-client privilege with the following
individuals permitted to attend: County Attorney, Ellis Hankins, County Manager,
Katherine Cathey, Clerk to the Board, Brenda Reaves, Health Director, Janet Clayton and
Environmental Health Supervisor, Bonnie Holt.
Chairman Powell called the Closed Session #1 to order at 10:12am.
A motion was made by Commissioner Gentry and carried 5-0 to return to open
session at 10:55am.
A motion was made by Vice Chairman Sims and carried 5-0 for Person County to
broaden the engagement with a national law firm in pending litigation including filing suit
against McKinsey & Company, Inc. with Person County listed as one of the plaintiffs.
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ADJOURNMENT:
A motion was made by Commissioner Gentry and carried 5-0 to adjourn the
meeting at 10:57am.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman