05-17-2021 Meeting Minutes BOC
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PERSON COUNTY BOARD OF COMMISSIONERS MAY 17, 2021
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Heidi York, County Manager
Kyle W. Puryear Brenda B. Reaves, Clerk to the Board
C. Derrick Sims 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, May 17, 2021 at 9:00am in the Person County Office Building
Auditorium.
Chairman Powell called the meeting to order and recognized the County Attorney
for an announcement. County Attorney, Ellis Hankins announced the provisions of the
Governor’s Executive Order No. 215 now allows individuals to attend public events, such
as this County Commissioners’ meeting without face coverings and without the previous
social distancing requirement. He added that the Person County Board of Commissioners
did not add to those restrictions imposed by the Governor and by the Governor’s removal
of those requirements thereby removes those restrictions locally without further action by
the Board of Commissioners.
Chairman Powell offered an invocation and Commissioner Sims led the group in
the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell requested the need to add Closed Session #2 to the agenda
relating to economic development.
A motion was made by Commissioner Sims and carried 5-0 to add Closed Session
#2 to the agenda and to approve the agenda as adjusted.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. John Seepe of 277 Barefoot Landing Lane, Semora spoke of the benefit of the
recent presentation by Mr. Joe Hines related to the opportunities for the Mega Park site.
He said he had not heard anything regarding the status of the RFP released for the economic
development shell building nor had he heard about the question Commissioner Palmer
inquired related to school funds. Mr. Seepe addressed the permitting process as discussed
at the last Board’s meeting noting no one could answer the question related to when the
new software system, Energov, would be up and running.
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Ms. Janna Kisner of 200 Semora Road, Roxboro, and a member of the Friends of
the Parks stated her full and enthusiastic support of proposed Falls Watershed Regulations
Interim Alternative Implementation Approach possible projects as it is an opportunity for
Person County to capitalize on the outdoor beauty, green space for the community’s health
and wellbeing noting parks and trails are underestimated.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the
Consent Agenda with the following items:
A. Budget Amendments #16 and #17,
B. Home & Community Care Block Grant Funding Revision 2020-2021 for the Dept.
of Social Services for a total of $38,627 for In-Home Aid Level II and III Personal
Care, and
C. Timberlake Firefighters’ Relief Fund Board of Trustees Appointment
NEW BUSINESS:
BROADBAND UPDATE – RIVERSTREET NETWORKS:
Assistant County Manager, Katherine Cathey stated at the Board’s Retreat, the
Board asked to hear updates from providers in Person County; she noted the Board had
heard updates from Spectrum and CenturyLink and would now hear an update from
RiverStreet Networks regarding their current deployment of broadband service across
Person County as well as their future goals for broadband service expansion.
Ms. Cathey introduced Mr. Bill Shillito, Business Development Manager for
RiverStreet Networks, who attended the meeting remotely and would present information
on the following topics:
Woodland, Mt. Tirzah, Bethel Hill and Bushy Fork towers and public wi-fi hotspots
are fully operational.
Currently in the process of establishing the final public wi-fi hotspot (Uptown
Roxboro location).
Leasing space on Oak Lane Tower (owned by American Tower) near Hyco Lake.
Constructing new tower in southeastern Person County.
Mr. Shillito shared the following presentation with the group:
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When asked about filling the gaps for those residents that are unserved or
underserved, Commissioner Gentry asked Mr. Shillito what could be done to which he
stated a mini access point was an option that could provide access to services for up to six
households each.
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Vice Chairman Puryear asked Mr. Shillito about the service range and Mr. Shillito
noted the need for a clear line of sight of 2.5 to 3 miles. Mr. Shillito further noted they
would assess on site with a test to determine if service was available.
Vice Chairman Puryear asked Mr. Shilllito if there were anyone preventing
increased coverage to which Mr. Shillito said in his experience there were more efforts to
reduce the barriers for more signals.
Chairman Powell stated he get more reports of unhappy customers of CenturyLink
and asked if there was any suggestions to help improve access to better services.
Commissioner Gentry stated one effective way to get providers to respond was to log an
online complaint on the FCC web site.
ADVANCED TECHNOLOGY CENTER FOR PIEDMONT COMMUNITY
COLLEGE:
Dr. Pamela Senegal, President of Piedmont Community College (PCC) shared the
following presentation to update the Board of Commissioners on the feasibility study and
PCC’s plans that are underway to identify funding in support of an Advanced Technology
Center (ATC) for economic and workforce development in the region.
Dr. Senegal recognized members of the PCC Board of Trustees, present in the
audience, Ron Booker, Tanya Evans and Phillip Allen.
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Chairman Powell mentioned the SEMI model used to which Dr. Senegal confirmed
PCC was awarded a grant for a semi-conductor curriculum.
Commissioner Gentry asked Dr. Senegal about the timeline whether to acquire
property for the site or to refurbish existing facilities. Dr. Senegal stated PCC was at a
pivot point at this time noting a recent donation site required vetting for its potential. She
added the Fall of 2024 would be the proposed open date should they pursue new
construction. Dr. Senegal noted the facility study did not recommend renovating on campus
facilities and it was cost prohibitive but an option if their plan for a new facility did not
come to fruition.
Commissioners Palmer and Gentry inquired about trades and courses offered at the
college. Dr. Senegal stated PCC’s model included five areas to meet the workforce needs
of the region, which are Business, Advanced Manufacturing, Information Technology, Arts
& Sciences and Public Safety. Dr. Senegal explained courses such gun-smithing could be
pursued for a degree or an elective class opportunity.
Commissioner Palmer asked about PCC’s enrollment to which Dr. Senegal noted
was low due to COVID but was projected to be around 1,200 currently.
County Manager, Heidi York said the ATC was not funded in her recommended
budget noting without a site or plans, she could not appropriate funds. Dr. Senegal said
that site acquisition and engineer design plans are the next steps as she was reviewing
funding for the project.
Chairman Powell suggested to have further Board discussions in a budget work
session.
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RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT
BETWEEN THE STATE OF NORTH CAROLINA AND LOCAL
GOVERNMENTS ON PROCEEDS RELATING TO THE SETTLEMENT OF
OPIOID LITIGATION:
County Manager, Heidi York stated that Person County was one of seventy-six
counties that have joined state and national litigation efforts by filing lawsuits against
companies for the manufacturing, marketing, promotion, and distribution of prescription
opioid drugs. Working with the State, Person County staff and attorneys are hopeful that a
National Settlement Agreement will be forthcoming along with proceeds from a related
bankruptcy resolution. She added NC was projected to receive $850M to be paid over an
18-year period to support state and local efforts to address the epidemic. Ms. York said
that former Person County Attorney, Ron Aycock has remained involved in the litigation
efforts as Special Counsel on behalf of Person County.
Mr. Aycock presented a Resolution approving the Memorandum of Agreement
between the State of North Carolina and local governments on proceeds relating to the
Settlement of Opioid litigation that governs how NC would use its share of opioid
settlement funds to be transparent and accountable. Mr. Aycock who also serves on the NC
5/5/5 committee comprised of five elected officials, five attorneys and five county
managers that recommended the agreement as proposed.
Under the NC Memorandum of Agreement all settlement funds would be directed
as follows:
15% to the State (for strategies to address the epidemic,)
80% to local governments through a formula developed by attorneys involved in
the national litigation (for strategies to support programs and services to address
the epidemic,) and
An additional 5% into an incentive fund for any county in which all
municipalities within the county with a population of 10,000 or more also signs
the NC Memorandum of Agreement (Note: Person County will receive the
additional 5% but Roxboro should still be requested to agree to the MOA to avoid
a reduction in funds in the future should they meet the population threshold.)
Mr. Aycock stated counties are being asked to sign the Resolution as soon as
possible to increase the percentage of opioid settlement funds that come to North Carolina.
Commissioner Palmer asked if the Board had discretion in appropriating the funds,
for example, to law enforcement, to which Mr. Aycock stated the general answer is no as
the reason for the lawsuit was to fund prevention, remediation and treatment of and related
to the use of opioids. Mr. Aycock added there will be an approved list of services to which
the funding can be used.
County Attorney, Ellis Hankins recommended along with Mr. Aycock to approve
the resolution and MOA before them.
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A motion was made by Commissioner Sims and carried 5-0 to adopt a Resolution
approving the Memorandum of Agreement between the State of North Carolina and local
governments on proceeds relating to the Settlement of Opioid litigation.
Mr. Aycock commented that the City of Roxboro did not meet the population
criteria for the opioid litigation; however, he suggested the County work with the City of
Roxboro to sign the MOA in case the city’s population reaches a rate that would make
them eligible. County Manager, Heidi York stated she would reach out to the City
Manager.
The Resolution approving the Memorandum of Agreement between the State of
North Carolina and local governments on proceeds relating to the Settlement of Opioid
litigation follows:
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The Memorandum of Agreement referenced in the foregoing resolution is
incorporated into these minutes by referenced and are filed in the Office of the Clerk to the
Board.
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FALLS WATERSHED REGULATIONS – INTERIM ALTERNATIVE
IMPLEMENTATION APPROACH POSSIBLE PROJECTS:
Planning Director, Lori Oakley provided some background with the Board noting
in the summer of 2012, Person County adopted the Falls Watershed Stormwater Ordinance
for New Development in the southern portion of Person County in order to comply with
state watershed regulations. The regulations require adherence to two stages of nutrient
reductions – Stage 1 and Stage 2.
Ms. Oakley added that since 2018, the Upper Neuse River Basin Association
(UNRBA) has been exploring an alternative option for achieving compliance with Stage I
Existing Development nutrient load reductions required by the Falls rules for watershed
requirements and in early 2021, the Interim Alternative Implementation Approach (IAIA)
was approved by the state. The IAIA does not utilize the traditional individual nutrient
load (pounds of nitrogen and phosphorus) reduction based tracking system, but rather
proposes an investment based compliance system focused on the entire watershed as an
avenue to meet the required standards. In other words, rather than counting pounds reduced
in individual jurisdictions the IAIA counts dollars invested into the overall health of the
watershed.
In November 2020, the Person County Board of Commissioners voted to participate
in the IAIA program, which includes an annual financial commitment of $114,394 over a
5-year period totaling $571,970. The start date for qualified projects or investments for the
IAIA is July 1, 2021.
Ms. Oakley told the Board that several county departments met to identify potential
sites that would comply with the IAIA requirements; the Stormwater Team included
Commissioner Gentry, Assistant County Manager, Katherine Cathey, John Hill, Director
of Recreation, Arts and Parks, Planning Director, Lori Oakley, Planner I, Angela Blount,
GIS Manager, Sallie Vaughn, and Soil & Water Manager, Nancy McCormick.
The three sites identified were:
“County Farm” site located off of Onie Burton Road (Parcel A76-15),
Land adjacent to the Rock Athletic Complex, formerly known as the “Sportsplex”
(Parcels 118-18 and 118-10), and
Land adjacent to Hurdle Mills Park (Parcel A32-54.)
Each of these sites represent unique opportunities for the county to meet the IAIA
requirements through the following eligible IAIA activities:
Creation of parks, trails and paths with water quality benefits and a focus on
environmental education,
Floodplain restoration and reconnection,
Stream and riparian buffer restoration and enhancement, and
Pet waste pickup education and waste management stations.
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John Hill, Director of Recreation, Arts and Parks shared the following presentation:
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Mr. Hill shared digital maps of each of the proposed sites.
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Mr. Hill highlighted the benefits to the community from eligible IAIA projects
include increased community involvement, improved community health and wellbeing and
increased tourism levels and economic development opportunities through amenities such
walking/hiking trails, bicycling, and canoe/kayaking.
Mr. Hill requested the Board to select a site (or multiple sites) for FY 2021/2022 in
order for staff to begin working on fulfilling the requirements of participation in the IAIA
program. Mr. Hill recommended the “County Farm” site based on the number of eligible
IAIA activities and the benefits that it will provide to the County.
Commissioner Gentry asked what was the timeline for a functioning park; Ms.
Oakley said it would be two-three months for the planning and public hearing process
noting the first step was to gain access to the site(s), i.e., a recreational easement to the
County Farm property and/or land acquisition in regard to the properties adjacent to the
Sportsplex and Hurdle Mill Park along with an engineered plan.
A motion was made by Commissioner Palmer and carried 5-0 to proceed with the
Falls Watershed Regulations Interim Alternative Implementation Approach possible
projects as presented.
A motion was made by Commissioner Gentry and carried 5-0 to recess for a break
at 11:48am. The meeting was reconvened at 11:57am.
PRESENTATION OF THE FISCAL YEAR 2021-2022 RECOMMENDED
BUDGET:
North Carolina General Statutes require that on or before June 1, the County
Manager to present a recommended budget for the next fiscal year to the Board of
Commissioners. County Manager, Heidi York provided the Board with copies of the
budget document for review. Ms. York shared the following presentation as an overview
of her Recommended Budget:
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Chairman Powell voiced his concern that Education rated fourth in overall
expenditures.
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CHAIRMAN’S REPORT:
Chairman Powell stated his preference to move the Board of Commissioners’
meeting back to their boardroom 215. Clerk to the Board, Brenda Reaves reminded the
Board that its joint meeting with the Board of Education would need to take place in the
Auditorium as well as the Budget Public Hearing to accommodate the public. The Board
took no action related to its meeting schedule.
MANAGER’S REPORT:
County Manager, Heidi York reported she would be sending out a communication
to the county workforce related to the recent Governor’s Executive Order noting there are
departments that would require face coverings, i.e., transportation services, jail services
and of course, health department services.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Puryear reported the acceptance of tax value appeals would close
on May 24, 2021 at 9:00am; he added the Board of Equalization and Review would be
meeting in the Economic Development conference room.
There were no reports from Commissioners Gentry, Sims or Palmer.
CLOSED SESSION #1
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed
Session at 12:35pm per General Statute 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 with the following
individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda
Reaves, Economic Development Director, Sherry Wilborn and County Attorney, Ellis
Hankins.
Chairman Powell called Closed Session #1 to order at 12:36pm.
A motion was made by Commissioner Sims and carried 5-0 to return to open
session at 12:43pm.
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CLOSED SESSION #2
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed
Session at 12:45pm per General Statute 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 with the following
individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda
Reaves, Economic Development Director, Sherry Wilborn and County Attorney, Ellis
Hankins.
Chairman Powell called Closed Session #2 to order at 12:46pm.
A motion was made by Commissioner Sims and carried 5-0 to return to open
session at 12:54pm.
RECESS:
A motion was made by Commissioner Sims and carried 5-0 to recess the meeting
at 12:55pm until 5:00pm on May 24, 2021 in the County Auditorium for a joint meeting
with the Board of Education.
Despite the motion to recess the May 17, 2021 meeting to May 24, 2021, as the
Board of Commissioners’ intent was to meet at 5:00pm jointly with the Board of Education,
Commissioner Gentry requested the meeting to be rescheduled and therefore, both boards
accommodated the request and cancelled the May 24, 2021 meeting at 5:00pm. A notice
of cancelled meeting was distributed and posted.
ADJOURNMENT:
Without a quorum present at 5:00pm on May 24, 2021 to call the recessed meeting
to order, Chairman Powell moved to adjourn the meeting at 5:01pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman