10-18-2021 Meeting Minutes BOC
October 18, 2021
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 18, 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, October 18, 2021 at 9:00am in the Person County Office
Building Auditorium.
Chairman Powell called the meeting to order. Commissioner Gentry was absent
until such time that the County Manager, Heidi York announced that she had connected to
the meeting via remote access at 9:13am.
Chairman Powell offered an invocation and Commissioner Palmer led the group in
the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell stated the need to add a Closed Session for the purpose to consult
with the county attorney in order to preserve the attorney-client privilege to the agenda.
A motion was made by Commissioner Sims and carried 4-0 to add a Closed
Session for the purpose to consult with the county attorney in order to preserve the attorney-
client privilege to the agenda and to approve the agenda as adjusted.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Bob Brauer of 1 Bobwhite Road, Roxboro, and Chair of the Person County
Environmental Issues Advisory Committee addressed the Ninth Amendment to the
Agreement for the Upper Piedmont Regional Landfill on the Board’s agenda for a
provision for county residents to dump waste free of charge. He requested the Board to set
a deadline, i.e., 60 days to implement such provision with county management review.
Mr. Chris Weaver of 342 Satterfield Farm Road, Timberlake commented on recent
dialogue about the Economic Development Task Force in particular with Commissioner
Sims; he encouraged everyone to watch the Task Force meeting videos that are posted on
the county website. Mr. Weaver said the county needed real jobs and accountability. He
asked the County Attorney to ensure that the Closed Session held at the Board’s October
4, 2021 meeting was legal.
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Mr. John Seepe of 277 Barefoot Landing Lane, Semora posed the question of when
citizens would run out of disposable income. Mr. Seepe said he hoped the Economic
Development Task Force was not a waste of time and efforts for those citizens that
participated.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Sims and carried 4-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of October 4, 2021, and
B. FY2022 Rural Operating Assistance Program Funding Application
NEW BUSINESS:
NINTH AMENDMENT TO THE AGREEMENT FOR CONTINUED
DEVELOPMENT, USE AND OPERATION OF UPPER PIEDMONT REGIONAL
LANDFILL:
County Manager, Heidi York presented to the Board the Ninth Amendment to the
Agreement for Continued Development, Use and Operation of Upper Piedmont Regional
Landfill for adoption. Ms. York stated this Ninth Amendment clarifies certain aspects of
the Fourth Amendment as reflected below:
Section 9.1 of the Fourth Amendment is hereby deleted in its entirety and replaced with
new Section 9.1 that reads as follows:
“9.1 Annual Community Development Payments. Republic shall make an
annual payment of $100,000 to the County to be used for County community
development projects in collaboration with Republic, to benefit the County and
to highlight the partnership between the County and Republic. For the time-
period November 3, 2020 to December 31, 2021, Republic shall make a payment
of $100,000 to the County by November 3, 2020. For the time-period beginning
on January 1, 2022 and thereafter during the Term of the Agreement, Republic
shall make its annual payment to the County of $100,000 by January 31 of each
year, with Republic making the first of such annual payments for 2022 and
thereafter by January 31, 2022. The County consents to Republic’s use of all
such collaborative projects between the County and Republic for all purposes
including without limitation in Republic’s public relations, marketing and similar
materials. When the County identifies one or more community development
projects to fund with all or part of the annual $100,000 payments, the County will
contact Republic to collaborate on the proposed projects to benefit the County
and highlight the partnership between the County and Republic.”
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Section 9.2 of the Fourth Amendment is hereby deleted in its entirety and replaced with
new Section 9.2 that reads as follows:
“9.2 Broadband Study. Within thirty (30) calendar days of the effective date
of this Ninth Amendment as described in Paragraph 6 of this Ninth Amendment,
Republic shall make a one-time payment of $30,000 to the County to assist with
the County’s Broadband Study.”
Section 9.3 of the Fourth Amendment is hereby deleted in its entirety and replaced with
new Section 9.3 that reads as follows:
“9.3 Residential Drop-Off Waste Allowance. Beginning on the effective date
of this Ninth Amendment as described in Paragraph 6 of this Ninth Amendment,
and for each calendar year thereafter during the Term of the Agreement,
Republic shall allow County residents to drop off Waste at the convenience
center at the Landfill at no charge to the residents, up to a total of 2,000 tons
per calendar year.”
Commissioner Gentry asked Ms. York how was the 2,000 tons being tracked to
which Ms. York stated the residential waste was weighed and up to 2,000 tons would be
free to citizens and over 2,000 tons, residents would begin to be charged the normal fee
schedule on a per ton basis.
Mr. Wade Bailey, Republic Services General Manager of the Richmond Office
joined the meeting remotely. He added that residents bringing residential waste would
present an ID and sign in at the landfill, drop off the waste at a specified container which,
when full, would be put on the scales and weighed and tracked on a monthly basis. Mr.
Bailey said 742 tons have been tracked year to date.
Vice Chairman Puryear noted Republic has been a good corporate partner and if
the need arose for the tonnage to be increased, would Republic be willing to renegotiate a
new contract in the future to which Mr. Bailey stated his staff had reviewed the numbers
and had a cushion in the 2,000 tons but to answer the question, he would be willing to
consider such.
Ms. York said the Environmental Issues Advisory Committee could assist Republic
in promoting and advertising the provision for residents to dump free. She also noted that
Republic, through a third-party contractor provides roadside cleanup across the county on
a monthly basis, or more often as needed.
A motion was made by Vice Chairman Puryear and carried 5-0 to adopt the Ninth
Amendment to the Agreement for Continued Development, Use and Operation of Upper
Piedmont Regional Landfill, as presented.
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RUNWAY 6 OBSTRUCTION REMOVAL PROJECT:
General Services Director, Ray Foushee stated the FAA notified Raleigh Regional
Airport at Person County that under new guidelines to widen the runway, there are
numerous trees/areas of trees that penetrate the TERPS approach/missed approach surface,
resulting in an increase to the Runway 6 ILS approach HAT from 200’ to 250’. In simpler
terms, Mr. Foushee said that due to the height of some trees, there are restrictions imposed
that prevent some aircraft landing at our airport, particularly in inclement weather. He
added that the trees that need to be removed have been identified and bids accepted for
their removal. The lowest responsible bid was $48,256.10 from KBS Earthworks. Person
County will be responsible for 10% matching funds, which is already budgeted.
Mr. Foushee asked the Board to authorize the County Manager to award this bid
and sign the respective contract.
Commissioner Palmer asked Mr. Foushee if local area contractors had the
opportunity to bid to which Mr. Foushee stated yes however to be eligible to bid,
contractors had to be a DOT certified provider as this was a grant-funded program.
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County Attorney, Ellis Hankins stated the Airport Consultant used the formal
bidding process when in fact, the informal bidding process would have been sufficient for
this project; however, since the consultant initiated the formal procurement process, he
advised staff that the Board of Commissioners should take action to award the lowest,
responsible bidder to avoid any challenges from bidders. Mr. Hankins suggested staff to
communicate with the consultant to be aware of the informal bidding guidelines for smaller
construction projects.
A motion was made by Vice Chairman Puryear and carried 5-0 to authorize the
County Manager to award the Runway 6 Obstruction Removal Project to lowest,
responsible bidder, KBS Earthworks for $48,256.10 and to sign the respective contract.
RESOLUTION GIVING NOTICE TO ALL CANDIDATES FOR THE OFFICE OF
PERSON COUNTY SHERIFF OF INTENTION TO SET THE STARTING
SALARY FOR SUCH POSITION AS PROVIDED BY LAW:
County Manager, Heidi York presented a Resolution giving notice to all candidates
for the Office of Person County Sheriff of intention to set the starting salary for such
position as provided by law.
As authorized by North Carolina General Statute 153A-92, the County
Commissioners have the authority to establish a pay schedule that includes all employees,
including elected officials. The position of Sheriff is covered in the County’s pay schedule
as a Grade 78 with a starting salary of $76,680. In addition, the North Carolina General
Statute governing the filing fee for candidates for sheriff, GS163-107 is 1% of the starting
salary for the office, rather than the current salary of the incumbent.
Ms. York requested Board consideration to adopt the Resolution to set the starting
salary for the position of Sheriff for which the filing fee will be calculated. Ms. York
confirmed that this action by the Board was statutorily required and it was not a local
policy.
A motion was made by Vice Chairman Puryear and carried 5-0 to adopt a
Resolution giving notice to all candidates for the Office of Person County Sheriff of
intention to set the starting salary for such position as provided by law, as presented.
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CHAIRMAN’S REPORT:
Chairman Powell reported recent events he attended: Relay for Life, Fire
Protection Day at Lowe’s, and a celebration at the Allensville Volunteer Fire Department
where Insurance Commissioner, Mike Causey was present for a district reduction in their
ISO rating to a five.
MANAGER’S REPORT:
County Manager, Heidi York introduced Ms. Miranda Harrison, the County’s new
Human Resources Director, to the Board.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Puryear commended the Parks and Recreation staff led by John Hill
for a job well done hosting the Mountains to the Sea Cycle event.
Commissioner Palmer stated he visited the cyclists during their stay on several
occasions noting his excitement watching them arrive and depart. He said it was a top-
notch event. Chairman Powell shared that one cyclist said Person County was the best stop
on the trip. Commissioner Palmer extended his well wishes to Commissioner Gentry as
she was in recovery and looked forward to her return.
Commissioner Gentry thanked Commissioner Palmer stating she was still at home
recovering with some restrictions.
Commissioner Sims spoke against public comments to include commentary about
the commissioners’ personal lives and hoped the Board did not have to deal with this
unnecessary address in the future. He said he looked forward to hearing the Task Force
recommendations on November 1, 2021. Commissioner Sims said he had viewed the Task
Force videos noting some were not very clear and that the meetings were held virtually
with no one able to attend the meetings. Commissioner Sims highlighted the following
positive: there were ISO district ratings lowered within the City of Roxboro to a two as
well as the rural district of the City of Roxboro was reduction to a four, the Allensville
Volunteer Fire Department district reduction to a five and the Hurdle Mills Volunteer Fire
Department reduction to a six. He commended all the fire departments achieving these
goals and said this was good news for the people that reside in these fire districts, as it will
save them money.
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CLOSED SESSION #1
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed
Session at 9:47am 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 and to include the
following individuals to attend: County Attorney, Ellis Hankins, County Manager, Heidi
York, Assistant County Manager, Katherine Cathey, Clerk to the Board, Brenda Reaves
and Planning Director, Lori Oakley. Commissioner Gentry joined the Closed Session #1
via telephone conference call.
Chairman Powell called the Closed Session #1 to order at 9:50am.
A motion was made by Commissioner Sims and carried 5-0 to return to open
session at 10:00am.
ADJOURNMENT:
A motion was made by Vice Chairman Puryear and carried 5-0 to adjourn the
meeting at 10:01am.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman