03-15-2021 Meeting Minutes BOC
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PERSON COUNTY BOARD OF COMMISSIONERS MARCH 15, 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 Monday, March 15, 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.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell presented the following adjustments to the agenda:
Request to move the agenda item for the Person County Museum of History to add
a building to current museum campus to the Consent Agenda,
Request to add an item to select a chair for the Board of Equalization and Review,
and
Request to add an item for new fees for the Person Area Transportation System.
A motion was made by Vice Chairman Puryear and carried 5-0 to amend the
agenda as requested by Chairman Powell and to approve the agenda as adjusted.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. Chris Weaver of 342 Satterfield Farm Road, Timberlake informed the group
he was re-elected as the Person County Republican Party Chair for a third term. He noted
the number one priority in this county should be saving the power plants and the number
one mechanism to save the power plants is getting a tenant for the County’s Mega Park
site. Mr. Weaver stated he learned the progress in appointing members to the Economic
Development Task Force was slowed; he urged the Board to take ownership and fix the
Task Force.
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DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of February 11, 2021,
B. Approval of Minutes of February 16, 2021,
C. Budget Amendment #12,
D. Proclamation designating the month of April 2021 as North Carolina 811 Safe
Digging Month, and
E. Request from the Person County Museum of History to add a building (privy) to
the current Museum campus.
NEW BUSINESS:
BROADBAND UPDATE – CHARTER COMMUNICATIONS:
Assistant County Manager, Katherine Cathey stated at the March 1, 2021 Budget
Retreat, the Board requested a presentation from Spectrum on their current services and
expansion plans in Person County.
Ms. Cathey introduced Joe Prater, Senior Manager of Government Affairs for
Charter Communications (Spectrum) to present information on the following topics:
• Charter’s current presence in Person County
• Charter’s RDOF Phase I award areas in Person County
• Potential NC GREAT Grant opportunities in the future
Mr. Prater’s presentation follows highlighting the targeted areas of the county that
are unserved for which federal funding was awarded to Charter to provide services within
a six-year deadline. In October and November 2020, the Federal Communications
Commission (FCC) held phase one of its Rural Digital Opportunity (RFOF) action, which
awarded support to bring broadband to homes and businesses in census blocks that were
entirely unserved. Mr. Prater said Charter would be able to expand its footprint even
further once it reached its required unserved areas.
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Mr. Prater said he would update the Board monthly on Charter’s progress. Mr.
Prater noted his hopes were that the NC Department of Information Technology would
announce the next round of Growing Rural Economics with Access to Technology
(GREAT) grants soon. Mr. Prater said phase two of the RDOF is expanding for additional
funding through the Cares Act. County Manager, Heidi York told Mr. Prater that Person
County was interested in partnership with whomever the state awarded funding and the
county was prepared to fund the required county match.
Vice Chairman Puryear asked Mr. Prater whom should residents contact to get a
decision to help them get service to which Mr. Prater said citizens could contact him. Ms.
York stated the county could set up a hotline for residents to call with questions and to
leave their information related to expanding broadband access.
Commissioner Gentry told Mr. Prater there was a lack of good quality customer
service and she would like to see updates on customer service as well.
BROADBAND ASSESSMENT PROPOSAL:
Assistant County Manager, Katherine Cathey said at its March 1, 2021 Budget
Retreat, the Board of Commissioners established improving broadband infrastructure and
connectivity as a top priority for Person County. She said the Board expressed an interest
in conducting a study to assess the status of broadband services, opportunities to improve,
and strategies to extend broadband throughout the county.
Ms. Cathey recalled that in 2015, ECC Technologies of Raleigh conducted a
telecommunications infrastructure inventory study for Person County. This study provided
information on: the incumbent and competing service providers and their broadband
supporting infrastructure in the county. At that time, the study showed that many areas
lacked sufficient broadband. While much of this information is still relevant, a refresh of
the study will bring it back up to date.
Ms. Cathey introduced the representatives from ECC Technologies: Mr. Jeff
Brooks in-person and Mr. Joe Starks and Mr. Kurt Frenzel who attended remotely.
Mr. Brooks, Senior Director for Operations, Financial, Marketing and Services
addressed the proposal ECC submitted to: (a) refresh and update the 2015 inventory
including an Outside Plant (OSP) study, (b) map the current status of available broadband
service within the county, (c) review the county’s fiber project – its suitability and
positioning to support new broadband initiatives by others, (d) review RiverStreet and State
of North Carolina survey information and (e) consult with the county to review options and
next steps including service provider options. ECC proposed to provide professional
services for the project for $33,450. Ms. Cathey noted staff recommended funding the
study from Republic Services’ FY21 $100,000 annual community development payment.
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Ms. Cathey requested the Board to authorize the County Manager to sign and accept
the proposed scope of work, fees, terms and conditions with funding from Republic
Services’ annual community development payment.
A motion was made by Vice Chairman Puryear and carried 5-0 to authorize the
County Manager to sign and accept the proposed scope of work, fees, terms and conditions
with funding from Republic Services’ annual community development payment.
RESOLUTION SUPPORTING BROADBAND INTERNET SERVICE IN PERSON
COUNTY:
Assistant County Manager, Katherine Cathey stated at its March 1, 2021 Budget
Retreat, the Board of Commissioners established improving broadband infrastructure and
connectivity as a top priority for Person County. The board expressed an interest in
considering a resolution supporting broadband internet service in Person County. Ms.
Cathey presented a draft resolution for discussion and approval.
Vice Chairman Puryear suggested a wording change in the fifth paragraph replacing
the word requests with strongly encourages to which the Board consented.
A motion was made by Vice Chairman Puryear and carried 5-0 to adopt a
Resolution Supporting Broadband Internet Service as amended.
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STORM DEBRIS REMOVAL ASSISTANCE:
County Manager, Heidi York stated at the Board’s Retreat, Commissioners asked
staff to contact local companies to partner with the county for the removal of debris from
residents’ yards due to the ice storm on February 13th. Five bids were obtained, although
there are many unknowns, including volume of debris, demand for services, distance
traveled, and hours required. A sixty-day window for completion is projected.
1. Pick-up but no disposal site: Dixon Farm & Tree Service - $305 per hour for labor
and equipment but has no place to put ice storm debris/chips. Only interested if
County provides a location for him to dump debris/chips.
2. Pick-up & disposal: Kendrick’s Tree service - $450 per hour for labor and
equipment to remove and dispose of all called-in county ice storm debris.
3. Pick-up & disposal: Brad’s Tree Service – A lump sum cost of $225,000 or an
hourly rate of $300 to remove/dispose of all called-in county ice storm debris.
4. No pick-up but disposal site and services provided: D & J Logging – to operate a
temporary county vegetative debris grinding site located at 6229 Leasburg Road.
Costs include one-time mobilization fees for required equipment: Grinder $750.00,
Bulldozer $350.00, Excavator $350.00, and Shear $350.00. Required equipment
and operator fees: Grinder and Operator $500.00 per hour, Bulldozer and Operator
$135.00 per hour, Shear and Operator $150.00 per hour. An optional Site Attendant
in lieu of Client-provided Site Attendant is available at a charge of $55.00 per hour.
5. Pick-up & disposal: K&K Tree Service - fleet of two dump trucks and an 18-yard
grapple truck that is capable of loading the dump trucks. Disposal site provided,
near the city limits, to dump the debris. Hourly rate is $450.
Ms. York asked the Board to review the bids submitted and direct staff to enter into
a contract for services, with funding from Fund Balance if desired by the Board. Ms. York
noted on this same morning NC DOT was looking to contract with local providers to
remove debris on the right-of-way of state maintained roads.
Commissioner Sims confirmed that the proposal would only have the provider pick
up debris on the roadside and not enter into the yards or cut any debris to which Ms. York
affirmed. Chairman Powell added the need to clearly define noting a precedent would be
set should the Board proceed to provide this for the residents of the county.
Commissioner Gentry stated there was no way to monitor the removal of debris and
the costs to the County would be around $225,000. Commissioner Gentry said this service
was not a function of the county.
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A motion was made by Commissioner Gentry and carried 5-0 to table action for
storm debris removal assistance.
REVISIONS TO THE ORDINANCE FOR THE PERSON COUNTY REC
ADVISORY BOARD:
John Hill, Director of Recreation, Arts, and Parks and on behalf of the REC
Advisory Board presented revisions to the Ordinance for the Person County REC Advisory
Board. He said the REC Advisory Board requested the Board to adopt the revisions as
recommended and approved by the REC Advisory Board unanimously at its March 3, 2021
meeting. The highlighted revisions include grammatical, organizational name (Recreation,
Arts and Parks) and sets the term limits for the Person County Arts Council (PCAC). Mr.
Hill noted that setting term limits for the PCAC was recommended by the North Carolina
Arts Council and would offer more opportunities for the citizens of Person County to
participate in the sub-committees. Additionally revisions clarify the ex-officio seats,
whether voting or non-voting.
Commissioner Sims asked about the REC members serving as the Disciplinary
Committee to which Mr. Hill said disciplinary violations are first heard by the Recreation,
Arts and Parks staff. Appeals from the staff level are heard by the REC board to which
they have guidelines for the appeal process.
A motion was made by Commissioner Gentry and carried 5-0 to adopt the
Ordinance for the Person County REC Advisory Board, as presented.
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ECONOMIC DEVELOPMENT TASK FORCE UPDATE:
Commissioner Gentry provided an update on the Economic Development Task
Force that in mid-January met roadblocks and then again, in February with a last minute
change that uninvited a candidate moved two other candidates to distance themselves to
retract their commitment to serve. Commissioner Gentry was astonished that a simple task
force designed to help the economic development created such political upheaval.
Commissioner Gentry stated the Board could not continue to wait to get the Task
Force in place as each commissioner should promote economic development for a healthy
future. She added that 473 jobs have been lost over the last decade and she could not
understand why the annual economic development-planning meeting would be cancelled
to wait for the results of the task force.
Commissioner Sims stated with the process to have 100% agreement among the
Board for all candidates he felt like it would take longer. He added in the future, he would
like to do it differently, similar to the process for soliciting interest and doing the interviews
and with a majority vote to appoint individuals. Commissioner Sims thanked
Commissioner Gentry for her work on the Task Force.
Commissioner Gentry gave her fellow commissioners a list of candidates and noted
her intent for the Task Force to meet as soon as possible, possibly in the Legacy Building
conference room or the Tourism Development Authority building via Zoom for a period
of six weeks. With social distancing, she recommended no one from the public to attend
in-person however, members of the public could access the meeting via Zoom.
Commissioner Gentry said she would serve as the liaison to the Task Force. Vice Chairman
Puryear confirmed the public would be able to access via Zoom to which Commissioner
Gentry confirmed.
A motion was made by Vice Chairman Puryear and carried 5-0 to appoint Tommy
Winstead, Cecil Barker, David Ziolkowski, Sharon Holler and Keith Epstein to the
Economic Development Task Force.
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APPOINTMENT OF COUNTY ATTORNEY:
County Manager, Heidi York stated NC General Statute 153A-114 states that the
board of commissioners shall appoint a county attorney to serve at its pleasure and to be
its legal adviser. She noted that the current County Attorney, Ron Aycock, announced at
the end of November, his intention to retire. Ms. York said the Board conducted a
competitive hiring process and selected The Brough Law Firm, PLLC, with S. Ellis
Hankins to serve as its County Attorney.
Ms. York presented a Memorandum of Understanding to retain The Brough Law
Firm, PLLC to the Board for approval. She asked the Board to appoint S. Ellis Hankins as
County Attorney, approve the Memorandum of Understanding to retain The Brough Law
Firm, PLLC to represent the County, and authorize the County Manager to execute the
agreement. Ms. York stated this date would be Mr. Aycock’s last official meeting.
A motion was made by Commissioner Gentry and carried 5-0 to appoint S. Ellis
Hankins as County Attorney, approve the Memorandum of Understanding to retain the
Brough Law Firm, PLLC to represent the County, and authorize the County Manager to
execute the agreement.
Chairman Powell administered the oath of office to S. Ellis Hankins.
Vice Chairman Puryear recognized C. Ronald Aycock for his fifteen (15) years
serving as Person County’s Attorney. Vice Chairman Puryear said on behalf of the Board
of Commissioners of 2006, noting he, himself was first elected in 2006, and for all the
Boards that have followed, it was his privilege to present a plaque of appreciation to Mr.
Aycock.
Mr. Aycock thanked the Board and all previous boards noting he was proud to serve
Person County. Mr. Aycock said Person County has an outstanding County Manager and
staff. He said he has learned much from his experiences in Person County.
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APPOINTMENT TO THE ENVIRONMENTAL ISSUES ADVISORY
COMMITTEE:
Clerk to the Board, Brenda Reaves stated Mr. Robert (Bob) Brauer submitted a
citizen application of interest to be appointed as the Allensville Township representative
on the Environmental Issues Advisory Committee. Former Allensville Township
representative, Mr. Jason Torian resigned his seat in January 2021 and recommended Mr.
Brauer as his replacement. Mr. Brauer would fulfill an unexpired term to June 30, 2022.
Ms. Reaves requested the Board nominate and appoint as deemed appropriate.
A motion was made by Vice Chairman Puryear and carried 5-0 to appoint Mr.
Robert (Bob) Brauer to the Environmental Issues Advisory Committee to fulfill an
unexpired term to June 30, 2022.
SELECT CHAIR FOR THE BOARD OF EQUALIZATION AND REVIEW:
Clerk to the Board, Brenda Reaves stated the Board of Commissioners was tasked
to select the Chair per state statute.
A motion was made by Vice Chairman Puryear and carried 5-0 to appoint
Margaret Bradsher as Chair of the Board of Equalization and Review.
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PERSON AREA TRANSPORTATION SYSYTEM FEE REQUESTS:
Kurt Neufang, Transportation Director for the Person Area Transportation System
(PATS) requested Board approval for new rates to be added to the Fee Schedule. Mr.
Neufang proposed new “load fees” associated with contracts for Non-Emergency Medical
Transportation (NEMT) services.
The state’s new Medicaid Transformation program will launch July 1, 2021. To
implement this initiative, NC Department of Transportation (NCDOT) has mandated that
transit agencies contract with broker companies to better manage transit service scheduling
for Medicaid participants. The County Manager will authorize provider agreements with
the two state-approved brokers, One-Call and ModivCare. The contracts are undergoing
legal review by the County Attorney.
PATS requests approval to implement the proposed fees as outlined below. Due to
variations in the brokers’ contracting methods, the proposed fee schedule is slightly
different for each one.
Proposed Fee Rate Schedule Additions
Broker
Company
Miles Ambulatory
Load Fees
Wheelchair
Load Fees
Per Mile
Rate
Ambulatory
Per Mile
Rate
Wheelchair
ModivCare 0‐3
4‐6
7‐10
$15.00
$18.00
$20.00
$25.00
$25.00
$30.00
$1.70 $1.95
Broker
Company
Miles Ambulatory
Load Fees
Wheelchair
Load Fees
Per Mile
Rate
Ambulatory
Per Mile
Rate
Wheelchair
One‐Call all $18.00
$28.00 $1.70 $1.95
A motion was made by Commissioner Sims and carried 5-0 to approve the new
rates to be added to the Fee Schedule associated with contracts for Non-Emergency
Medical Transportation services, as presented.
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CHAIRMAN’S REPORT:
Chairman Powell reported he had attended his regular committee meetings. As to
the Republican Party Chair, Chris Weaver’s earlier comments, Chairman Powell prefaced
his statement for a disclaimer that he had no comments, no emails, no phone calls related
to county staff working with the EDC for a micro focus attention aimed at battery
manufacturers for the Mega Park site and to continue to merchandise the site as planned
for any and all takers. He suggested honing in on a particular industry to develop and
produce automotive batteries based on his recent reads that batteries are projected to
replace gasoline vehicles by 2035. Chairman Powell mentioned Tesla (electric car
company) only because they are #5 richest company in the world and still growing noting
electric vehicles are becoming more and more prevalent along with the development of
battery-powered airplanes. Battery (million mile batteries) production in the future is
projected to have a 20,000% surge into the next decade providing coast-to-coast travel
without the need to re-charge the battery.
MANAGER’S REPORT:
County Manager, Heidi York reported an update for the Health Department
regarding the COVID-19 open scheduler portal going into service this date by calling a
hotline 336-322-6136. Once the schedule is filled, the number will be closed until the next
time a vaccination clinic schedule reopens.
COMMISSIONER REPORT/COMMENTS:
There were no reports nor comments from the commissioners.
RECESS:
A motion was made by Commissioner Sims and carried 5-0 to recess the meeting
at 10:52am until 4:00pm this date for a joint session with the Planning Board to be held in
the County Office Building Auditorium.
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Chairman Powell called the recessed meeting back to order at 4:00pm.
The Board of Commissioners met jointly with Planning Board to hear an overview
of Chapter 160D text amendments for state mandated changes to the Planning Ordinance
and the Subdivision Regulations of Person County.
Members of the Planning Board present in-person were Barry Walker, Chair,
Zakiya James, Michael Brandon and Robert Allen; Sheila McGhee attended via Zoom.
Lori Oakley, Planning Director said the state mandated changes; Chapter 160D
affects almost every chapter in the Planning Ordinance and affects a lesser amount of
requirements in the Subdivision Regulations (mostly bonding requirements). Ms. Oakley
said she wanted to give both boards a general overview of them at a workshop prior to each
conducting a public hearing. Ms. Oakley shared the following presentation:
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Commissioner Palmer asked Ms. Oakley about campers being onsite at Hyco Lake
to which Ms. Oakley noted the regulations over the campers was in Article 6-60, an
accessory use that allowed campers to be on Hyco Lake for a period of two weeks and then
removed for four-weeks. Ms. Oakley further noted an exception would be in the case of a
natural disaster to which a camper could be used for a 12-month time period. Ms. Oakley
said there were no proposed changes in this section of the ordinance.
Vice Chairman Puryear confirmed that future requests for Special Use Permits
would come directly before the Board without first going before the Planning Board to
which she affirmed. She added the Planning Board would hear rezoning and conditional
rezoning.
Ms. Oakley said conditional permits were being eliminated and that the Board of
Adjustment would now only hear variances and appeals.
Ms. Oakley stated staff recommended ten changes in the Table of Uses in Appendix
C that would be heard at the staff level without the need for public hearing. She asked the
Board to review all the uses in this table for any other uses that may be heard at staff level
without the need for public hearing. Vice Chairman Puryear urged the Planning Board to
provide input about any other uses that could be suggested to be heard by staff without the
need for public hearing. Ms. Oakley asked the Board of Commissioners to provide any
additional comments to staff by March 29th for consideration at the Planning Board on
April 8, 2021.
Commissioner Gentry asked about the possibility to Zoom the Planning Board
meeting on April 8, 2021. County Manager, Heidi York noted she might need to review
the IT Department resources in that request to Zoom the Planning Board’s meetings.
ADJOURNMENT:
A motion was made by Commissioner Sims and carried 5-0 to adjourn the meeting
at 4:40pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman