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02-16-2021 Meeting Minutes BOC February 16, 2021 1 PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 16, 2021 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Heidi York, County Manager Kyle W. Puryear Brenda B. Reaves, Clerk to the Board C. Derrick Sims C. Ronald Aycock, County Attorney Charlie Palmer Patricia Gentry The Board of Commissioners for the County of Person, North Carolina, met in regular session on Tuesday, February 16, 2021 at 9:00am in the Person County Office Building Auditorium. Chairman Powell called the meeting to order. Commissioner Sims offered an invocation and Chairman Powell led the group in the Pledge of Allegiance. Vice Chairman Puryear and County Attorney Ron Aycock attended the meeting remotely. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Sims and carried 5-0 to add an item to the agenda for a Storm Recovery Update and to approve the agenda as adjusted. INFORMAL COMMENTS: There were no individuals appearing in person or remotely to address the Board regarding its intent to authorize the Exchange of Property of Person County and IntellaPlex, LLC that will be considered on the agenda this date. The following individual appeared before the Board to make informal comments: Mr. John Seepe of 277 Barefoot Landing Lane, Semora noted he had looked at the County’s organizational structure whereby the Board of Commissioners were under the Person County citizens; he further noted he saw in the local newspaper that the Economic Development Commission cancelled its upcoming planning session meeting due to the newly established Task Force. He asked the Board if they had measureable goals and an action plan with measurable goals. February 16, 2021 2 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 February 1, 2021, and B. Budget Amendment #11, and C. Audit Contract for Fiscal Year 2021 in the amount of $62,265. UNFINISHED BUSINESS: RESOLUTION AUTHORIZING THE EXCHANGE OF PROPERTY OF PERSON COUNTY AND INTELLAPLEX, LLC: IT Director, Chris Puryear said the Board, at its meeting on February 1, 2021, adopted a Resolution of Intent to Exchange Property between Person County Government and IntellaPlex, LLC. This action authorized the Clerk to the Board to publish a notice as required by General Statute 160A-271. Mr. Puryear stated the required public notice period was met and that staff, along with the County Attorney, have reviewed the proposed Fiber Optics Exchange (Indefeasible Right to Use) Agreement and found it to be acceptable to all parties. Chairman Powell presented a Resolution Authorizing the Exchange of Property of Person County and IntellaPlex, LLC. A motion was made by Commissioner Sims and carried 5-0 to adopt a Resolution Authorizing the Exchange of Property thereby authorizing the County Manager to execute the Fiber Optics Exchange (Indefeasible Right to Use) Agreement, as presented. The Fiber Optics Exchange (Indefeasible Right to Use) Agreement is hereby incorporated into the Minutes of the Board of Commissioners’ meeting of February 16, 2021 and will be filed in the Office of the Clerk. February 16, 2021 3 February 16, 2021 4 SPECIAL BOARD OF EQUALIZATION AND REVIEW APPOINTMENTS: Tax Administrator, Russell Jones asked the Board to nominate and appoint five members plus three alternate members. At the Board’s February 1, 2021 meeting, the Board consented to continue with its 2013 adopted resolution for a special Board of Equalization and Review with each commissioner naming one of the seats for the five members. As the Board was not prepared to nominate and appoint the five voting members to the special Board of Equalization and Review; they asked Mr. Jones what was their deadline to make the appointments to which he said March 1st is the deadline to change the structure from the special Board to the Board of Commissioners, however, appointments could be done after the March 1st date however the benefit to making the appointments by March 1st would allow new members to participate in the North Carolina Department of Revenue 2-hour training session. The training will be a virtual training session, and is offered on either March 11 or March 18. It was the consensus of the Board to add the appointments to the special Board of Equalization and Review to its March 1, 2021 retreat agenda. NEW BUSINESS: DIVISION OF AVIATION PRESENTATION: General Services Director, Ray Foushee introduced Rachel Bingham, Interim Aviation Development Manager, and Amanda Conner, Aviation Business Development Manager to share a virtual presentation for an overview of the Division of Aviation. Ms. Conner shared the following presentation to expand on her role with the division and economic impact study, state impact, regional impact, and Person County’s individual airport’s impact. February 16, 2021 5 February 16, 2021 6 February 16, 2021 7 February 16, 2021 8 February 16, 2021 9 February 16, 2021 10 February 16, 2021 11 February 16, 2021 12 February 16, 2021 13 February 16, 2021 14 February 16, 2021 15 Chairman Powell thanked Ms. Conner for her informative presentation noting it only validates the importance of the Raleigh Regional Airport at Person County to the economy. February 16, 2021 16 SPECIAL ASSESSMENT PROCESS – WATER AND SEWER EXTENSIONS: Assistant County Manager, Katherine Cathey reminded the group that at the Board’s September 8, 2020 meeting, residents of Winco Point requested county assistance with their low flow private wells. Subsequently, four residents submitted requests to the City of Roxboro for city water to be extended to their properties. The Roxboro City Council approved the residents’ request on October 13, 2020. Per the Person County and City of Roxboro Joint Water and Sewer Agreement, dated August 1999, the proposed extension also required the county’s approval, and the county shall finance all water and sewer lines approved under the agreement. Ms. Cathey noted at the Board’s November 16, 2020 meeting, the Board expressed an interest in hearing a proposal for residents to share in the cost of constructing the extension. Per the Joint Water and Sewer Agreement, the county has the ability to levy special assessments for this purpose. North Carolina General Statues 153A, Article 9 provides the authority and process for levying special assessments. Ms. Cathey explained for a project such as Winco Point, making assessments on the basis of the number of lots served may be the most logical approach. In this case, a water line that extends only down Victoria Lane would serve eight homes (four of the original requests). An extension throughout the entire subdivision would serve 13 homes and four vacant lots. Assessments levied on vacant lots and properties that are currently served by an approved well could be held in abeyance without interest until the properties actually connect to the water system or for 10 years, whichever first occurs. Ms. Cathey said the Board would determine the percentage of the cost of the work that was to be assessed. A series of resolutions, public notices and public hearings are required procedures, as outlined in the General Statues. Ms. Cathey presented the following preliminary cost estimates to provide a comparison of 100%, 50%, or 25% assessment.   Preliminary Cost Estimates*   100% Assessment 50% Assessment 25% Assessment  County  Cost  Resident  Cost  Per Lot County  Cost  Resident  Cost  Per Lot County  Cost  Resident  Cost  Per Lot  4 houses on  Victoria Lane  $0    $220,625  $55,156  $110,313  $110,313  $27,578  $165,469  $55,156  $13,789   8 houses on  Victoria Lane  $0    $220,625  $27,578  $110,313  $110,313  $13,789  $165,469  $55,156  $6,895   Entire Winco Point  subdivision (13  houses/4 vacant  lots)   $0    $342,500  $20,147  $171,250  $171,250  $10,074  $256,875  $85,625  $5,037   *Based on City of Roxboro water line construction estimate. In addition to construction costs, the cost of  all necessary legal services, the amount of interest paid during construction, cost of rights‐of‐ways, and  the cost of publication of notices and resolutions may be included in the total cost.    February 16, 2021 17 Ms. Cathey further noted that should the Board like to give further consideration to utilizing special assessments, staff recommended that all property owners in the Winco Point subdivision be mailed a letter to gauge their interest in connecting to the City of Roxboro water system. The level of interest will inform the Board’s decision on whether to proceed with the project and what percentage of the cost of work to assess. County Manager, Heidi York reminded the Board at their last discussion, the Board was interested in hearing proposals to involve residents for cost sharing. Ms. York requested direction from the Board as how staff should proceed. She noted the Agreement between the City and the County did not have to be amended to issue a special assessment. She did indicate one change the City was proposing for the County to reimburse the City when the lines were flushed due to low usage. Ms. York confirmed that once the water line is constructed, residents would then pay a tapping fee and monthly water bill to the City of Roxboro. Commissioner Sims asked if the County receives annual revenue from previous water line extensions to which the Ms. York replied affirmatively based on the formula in the City/County agreement. After Board discussion, the Board was sympathetic to the needs of the community however, the Board recognized the County was not in the water business and did not want to set a precedent for future subdivision requests for water line extensions as the county was not in a position to split the costs. Ms. York stated a letter would be sent to the residents of Winco to update them on the County’s research and to inform that any improvements would be the responsibility of the residents. February 16, 2021 18 HEALTH DEPARTMENT FEE REQUESTS: Health Director, Janet Clayton stated the Person County Health Department proposed new fees associated with the administration of the COVID-19 vaccinations. Ms. Clayton noted the proposed fees are for the administration only of the COVID-19 first and second doses and will be utilized to submit claims to insurance companies in an attempt to cover the cost of the vaccine administration. She further noted the proposed fee is the same as the current approved vaccine administration fee for other vaccinations and consistent with current admin fees. Ms. Clayton confirmed individuals would not be charged a fee and medical providers are not allowed to bill for the vaccine as it is provided by the federal government. Ms. Clayton said the Board of Health approved the Fee Schedule Amendments on Monday, January 25, 2021, and in accordance with the North Carolina General Statute 130A-39(g), the Board of Health requests the approval of the Board of Commissioners to implement the proposed fees described below: Description CPT code Medicaid Rate Proposed Fee Immunization administration 1st dose-COVID-19 0011A $ 16.94 $ 35.00 Immunization administration 2nd dose-COVID-19 0012A $ 28.39 $ 35.00 A motion was made by Chairman Powell and carried 5-0 to approve the Fee Schedule Amendments for the immunization administration of the 1st and 2nd doses COVID-19, as presented. February 16, 2021 19 STORM RECOVERY UPDATE: Emergency Management Director, Doug Young highlighted the recent weather event on February 13, 2021 noting county departments started preparations prior to the weather event by prepositioning equipment and making temporary shelter arrangements with hotels in Durham and Hillsborough for those that meet emergency criteria, which can be challenging during the COVID-19 pandemic. At the time of this report, Mr. Young stated the only county facility known to have storm damage was the 911 Center with roof damage. He reported the County’s IT infrastructure had encountered fiber damage on Leasburg Road. The damaged fiber served a non-emergency role for the 911 Center, the Sheriff’s Office and the County Office Building. Mr. Young noted that the 911 Center receives between 75-100 calls on any typical day and was overloaded with over 900 calls in less than two days. The vast majority of the emergency calls related to downed trees with over 100 for downed power lines with 13 emergency calls over the weekend for vehicle accidents. For a 3-hour period, the 911 Center took over the emergency calls for Caswell County who lost power and their generator failed. Mr. Young praised county employees and volunteer fire departments that all stepped up to the plate to aid in the efforts of debris removal and restoration of services. He said as they were in recovery mode, with another pre-announcement of an event, they are also in preparation mode when another ice storm forecasted later in the week. As of Tuesday morning, February 16, 2021, 95% of the power outages reported had been restored. Mr. Young said damage assessment was currently taking place for either rapid or long-term recovery. A rapid assessment may be damage that qualifies for federal or state assistance; Mr. Young stated the damage had not met the threshold for a declaration by the U.S. President. However, Person County would be eligible for state assistance if the damage exceeded one percent of the county’s annual budget, $617,000 when the Governor declares a state of emergency. Mr. Young stated state funds would be on a 75% state, 25% county cost sharing. Mr. Young stated the Board has options regarding storm tree debris in the county; a licensed contractor could be hired to collect tree debris in the closed landfill however, another contractor would be hired to serve for oversight to ensure the amount collected is reported accurately. He added he did not have a report on the amount of debris throughout the county. Another option for tree debris is to have it chipped or mulched and hauled away to a landfill; the mulch could be given away noting it would be untreated. Mr. Young said he would also look into programs that could provide low-interest loans to small businesses for their storm related damages. Mr. Young confirmed that the City of Roxboro is responsible for completing its own damage assessments and cleanup. February 16, 2021 20 Mr. Young announced Chairman Powell had already declared a state of emergency for the ice storm. A motion was made by Vice Chairman Puryear and carried 5-0 to authorize the Emergency Management Director to move forward with public damage assessments and to report such information back to the Board in a timely manner to make an informed decision for seeking state assistance. CHAIRMAN’S REPORT: Chairman Powell reported the following:  He attended last week’s Research Triangle Regional Partnership’s Economic Development Symposium which was informative relating to site consultants and the regulations to follow,  The US Census 2020 recognized the Person County Board of Commissioners for its support in making the 2020 Census a success in our area, and  Person County State of Emergency for the Ice Storm is in effect. MANAGER’S REPORT: County Manager, Heidi York thanked county staff and the volunteer fire departments who have worked around the clock, even on a holiday, to restore services. Ms. York stated a warming center is available at the My Life Matters facility located on Danwin Drive, Roxboro for any residents without power. She reported all but one department was able to open on time this date; Animal Services’ power was not restored and therefore closed to the public. She added employees are on site taking care of the animals. COMMISSIONER REPORT/COMMENTS: Vice Chairman Puryear extended his appreciation to all the first responders, lineman, and emergency personnel for all their efforts for this catastrophic event. He said he was so proud of emergency management and utility personnel as well as citizens helping out neighbors. Commissioner Sims echoed the same sentiments of Vice Chairman Puryear noting the devastating damage from the ice storm. He urged citizens to make the necessary preparations for the upcoming storm. Commissioner Gentry noted the same sentiments as mentioned and was grateful there was no loss of life. Commissioner Palmer commended all those assisting in storm cleanup efforts. February 16, 2021 21 CLOSED SESSION #1 A motion was made by Commissioner Sims and carried 5-0 to enter into Closed Session at 10:49am 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 (i) 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 Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Economic Development Director, Sherry Wilborn, Economic Development Commission Chairman, Phillip Allen, and Economic Development Commission Vice Chairman, Dale Reynolds. Chairman Powell called the Closed Session #1 to order at 11:00am. A motion was made by Commissioner Sims and carried 5-0 to return to open session at 12:11pm. A motion was made by Commissioner Sims and carried 5-0 to recess the meeting at 12:13pm until 12:45pm. Chairman Powell called the recessed meeting back to order at 12:50pm. County Manager, Heidi York and Human Resources Director, Lisa Alston provided the Board with information for interview questions and Equal Employment Opportunity guidelines as they take consideration of applicants for the County Attorney position. CLOSED SESSION #2 A motion was made by Commissioner Sims and carried 5-0 to enter into Closed Session at 1:00pm per General Statute 143-318.11(a)(6) for the purpose to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves and applicant(s) for the County Attorney position. A motion was made by Commissioner Sims and carried 5-0 for a brief recess at 1:36pm. Chairman Powell reconvened the Closed Session at 1:50pm. Chairman Powell called for a brief recess at 2:58pm and reconvened the group at 3:04pm. February 16, 2021 22 A motion was made by Commissioner Sims and carried 5-0 to return to open session at 3:46pm. ADJOURNMENT: A motion was made by Commissioner Sims and carried 5-0 to adjourn the meeting at 3:46pm. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman