Loading...
10-18-2021 Agenda Packet BOCPERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 October 18, 2021 9:00am This meeting will convene in the County Office Building Auditorium. CALL TO ORDER………………………………………………….. Chairman Powell INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA INFORMAL COMMENTS The Person County Board of Commissioners established a 10-minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. ITEM #1 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of October 4, 2021 (pgs. 3-30), andB.FY2022 Rural Operating Assistance Program Funding Application (pg. 31) 1 NEW BUSINESS: ITEM #2 (pgs. 32-38) Ninth Amendment to the Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill …………………………………………………………… Heidi York ITEM #3 (pg. 39) Runway 6 Obstruction Removal Project ………………………………... Ray Foushee ITEM #4 (pgs. 40-41) 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 ………………... Heidi York CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2 October 4, 2021 1 PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 4, 2021 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Heidi York, County Manager Kyle W. Puryear Brenda B. Reaves, Clerk to the Board C. Derrick Sims TC Morphis, Jr., County Attorney Charlie Palmer Patricia Gentry The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, October 4, 2021 at 7:00pm in the commissioners’ boardroom in the Person County Office Building. Chairman Powell called the meeting to order and announced that Commissioner Gentry would be participating in the meeting remotely. Chairman Powell offered an invocation and Vice Chairman Puryear led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Powell requested Board consideration to add the following items to the agenda: -Berea Solar, LLC Written Decision Denying Special Use Permit -Consideration to relocate the Board’s regular-scheduled Oct. 18, Nov. 1, Nov. 15 and Dec. 6 meetings to be held in the County Auditorium. A motion was made by Vice Chairman Puryear and carried 5-0 to add the Berea Solar, LLC Written Decision Denying Special Use Permit as well as Consideration to relocate the Board’s Oct. 18, Nov. 1, Nov. 15 and Dec. 6 meetings to be held in the Auditorium to the agenda and to approve the agenda as adjusted. 3 October 4, 2021 2 PUBLIC HEARING: CONSIDERATION TO ADD WHISPERING WOLF WAY, A PRIVATE ROADWAY, TO THE DATABASE OF ROADWAY NAMES USED FOR E-911 DISPATCHING: A motion was made by Vice Chairman Puryear and carried 5-0 to open the duly advertised public hearing for a request to add Whispering Wolf Way, a private roadway, to the database of roadway names used for E-911 dispatching. GIS Manager, Sallie Vaughn stated there are two private residences (2622 and 2630 High Plains Rd) currently located on a private driveway off High Plains Rd and an additional private residence is being added to this driveway. In accordance with Article IV, Section 402 H of the “Ordinance Regulating Addressing and Road Naming in Person County,” the driveway must be named. The addition of this road will require occupants of the existing residences to change their addresses to reflect the new roadway name. North Carolina General Statute 153A-239.1(A) requires a public hearing be held on the matter and public notice be provided at least ten days prior in the newspaper. The required public notice was published in the September 23, 2021 edition of the Roxboro Courier-Times. A sign advertising the public hearing was placed at the proposed roadway location on the same date. Ms. Vaughn said all three properties adjacent to the proposed road have the same ownership. Those parties provided the suggested name, Whispering Wolf Way, which is compliant with all naming regulations in the Ordinance. Ms. Vaughn requested Board consideration to approve adding Whispering Wolf Way, a private roadway, to the database of roadway names used for E-911 dispatching. There were no individuals appearing before the Board to speak in favor of or in opposition to the request to add Whispering Wolf Way, a private roadway, to the database of roadway names used for E-911 dispatching. A motion was made by Commissioner Sims and carried 5-0 to close the public hearing for a request to add Whispering Wolf Way, a private roadway, to the database of roadway names used for E-911 dispatching. CONSIDERATION TO GRANT OR DENY REQUEST TO ADD WHISPERING WOLF WAY TO THE DATABASE OF ROADWAY NAMES USED FOR E-911 DISPATCHING: A motion was made by Vice Chairman Puryear and carried 5-0 to approve adding Whispering Wolf Way, a private roadway, to the database of roadway names used for E- 911 dispatching. 4 October 4, 2021 3 PUBLIC HEARING: PETITION SUP-04-21, A REQUEST BY THE APPLICANT, VERTICAL BRIDGE DEVELOPMENT, LLC (DOUG BARKER) ON BEHALF OF THE PROPERTY OWNER, RANDY W. JONES, TO CONSTRUCT A NEW 300’ TALL SELF- SUPPORTED WIRELESS COMMUNICATIONS TOWER ON 25.59 ACRES LOCATED AT 2025 GUESS RD (TAX MAP AND PARCEL NUMBER A43-176) IN THE R (RESIDENTIAL) ZONING DISTRICT: A motion was made by Vice Chairman Puryear and carried 5-0 to open the duly advertised public hearing for Petition SUP-04-21, a request by the applicant, Vertical Bridge Development, LLC (Doug Barker) on behalf of the property owner, Randy W. Jones, to construct a new 300’ tall self-supported wireless communications tower on 25.59 acres located at 2025 Guess Rd (Tax Map and Parcel number A43-176) in the R (Residential) Zoning District. The public hearing set to hear a Special Use Permit request by the applicant, Vertical Bridge Development, LLC (Doug Barker) on behalf of the property owner, Randy W. Jones, to construct a new 300’ tall self-supported wireless communications tower on 25.59 acres located at 2025 Guess Rd (Tax Map and Parcel number A43-176) in the R (Residential) Zoning District required a quasi-judicial zoning decision whereby witnesses are to be sworn in and subject to cross examination, no ex parte communication and requires findings of fact. Chairman Powell administered the Oath of Sworn Testimony to the following individuals who would offer testimony during the public hearing: Ms. Lori Oakley, Ms. Angela Blount, Mr. Doug Barker and Mr. Mark Lambra Planning Director, Lori Oakley introduced Angela Blount, Planner I to present petition SUP-04-21. Ms. Blount stated all state statutes and planning ordinance requirements have been met for this public hearing. The Staff Report for SUP-04-21 is hereby entered into record. 5 October 4, 2021 4 6 October 4, 2021 5 Ms. Blount shared the following presentation for SUP-04-21. 7 October 4, 2021 6 8 October 4, 2021 7 9 October 4, 2021 8 10 October 4, 2021 9 11 October 4, 2021 10 12 October 4, 2021 11 Speaking in favor of Petition SUP-04-21, a request by the applicant, Vertical Bridge Development, LLC (Doug Barker) on behalf of the property owner, Randy W. Jones, to construct a new 300’ tall self-supported wireless communications tower on 25.59 acres located at 2025 Guess Rd (Tax Map and Parcel number A43-176) in the R (Residential) Zoning District were the following: Mr. Doug Barker of 304 Springwater Trail, Woodstock, GA 30128 stated he was there representing Vertical Bridge Development and the property owner on the application before the Board for the communications tower facility located at 2025 Guess Road, Timberlake. He said wireless communications have become the main mode of transportation for most poles. He stated this facility will give the citizens, travelers and the visitors of the county access to that communication not only for personal communications use but access to emergency services; as our primary mode of communication, it’s become more and more important to have access to emergency services. Vertical Bridge Development is a tower owning company; they actively market their towers to wireless service providers whether internet provider, cell phone provider and anything along those lines to get more tenants on their tower; it’s how they make money. Mr. Barker said you would not have a tower sitting out there owned by a carrier that did not want another carrier on it; these folks are actively marketing the tower as he noted again, it is the way they make money. He said Verizon Wireless is the tenant of this tower that is being constructed noting Verizon has signed up and is looking for this tower to go on there first quarter of next year. Mr. Barker said the tower emits no fumes, no noise, no odors and it backs up to a high- tension transmission line on the backside of the property noting that was their closest setback at 229 ft.to the property line. He said the facility meets or exceeds all the requirements in the Person County Ordinance as well as all state and federal requirements in order to build these towers inclusive of environmental, fish and wildlife, historical preservation and pretty much cover all the game. Mr. Barker said that was really it noting the coverage map referencing the gaping hole. He said the nearest tower in the area, Verizon is located on noting there was no ability to provide coverage to this area using existing structures. Mr. Barker stated he would answer any questions the Board may have. Commissioner Sims asked Mr. Barker about the difference in towers that look like the fake pine tree or if it is the same as he is proposing. Mr. Barker responded that it really comes down to the amount of people (population count) noting those towers are designed shorter and used in dense, urban areas to fill in gaps of service. Mr. Barker added that it would take two of those shorter towers to cover this area due to the reduction in height required for those and one of those shorter towers would cost more than the proposed tower. Commissioner Palmer asked Mr. Barker what was the actual coverage area of the tower to which Mr. Barker responded it would be roughly three to five miles in all directions. He noted it would also depend on existing coverage surrounding it as they would dial it back to hand off properly to the adjacent towers. 13 October 4, 2021 12 Chairman Powell asked Mr. Barker if there would be any other equipment on the tower except Verizon to which Mr. Barker stated not at this time noting they would try to get AT&T out there as well as wireless internet providers out there but none of these will go on the tower without going through Person County for approval. Vice Chairman Puryear confirmed the fall zone was a 100 ft. radius noting the restrictions for which that could be around the tower, to which Mr. Barker confirmed that was correct with no guide wires, nothing outside the 100 ft. area. Commissioner Gentry stated she had a question however, the group had difficulty understanding her full question as she noted she had unstable connectivity. She said she would text the question to the County Manager, Heidi York. Commissioner Palmer said they had been on Verizon (later corrected to CenturyLink) to improve their source of internet connection for the county asked Mr. Barker if this was one or more to follow. Mr. Barker stated he was aware of one other tower that is planned in Person County that is a Verizon tower, however until Verizon gives him the go, it will not come before the Board as he was not in the business of speculative tower building. Mr. Barker added that Verizon was actively building out noting he has gotten four towers approved in Caswell County that are going under construction now. Mr. Barker said that Verizon is focusing heavily on areas that have been historically under covered, trying to get coverage out here. Mr. Barker said he did not get access to the build plans but just based on what he has seen in Caswell County he felt it was the first of a few to get the coverage where it needs to be in Person County. Commissioner Palmer said that was good news. Commissioner Palmer said as he came into the governing body last December and ever since then he has been told CenturyLink was dragging their feet for years for the availability for Wi-Fi across this county noting he had been contacted by numerous citizens, public board members and general conversations as to why CenturyLink was not allowing or giving us more when they have the capability to do more. Mr. Barker stated he wished he could answer that question but he did not have access to CenturyLink plans either noting people have the misconception that when they pick up their cell phone that it talks from one tower to the next when it simply doesn’t. Mr. Barker said when you talk to tower, every bit of data that going through the tower is going down the tower and into a landline. Mr. Barker said for every tower that gets approved there will be increased fiber connectivity and speeds all along the roadways going to and from the tower. He said he couldn’t tell the Board what CenturyLink is going to do but he could say there will be some increased fiber activity along that roadway. County Manager, Heidi York said she had Commissioner Gentry’s question which was how far from the tower at the end of Guess Road and 57 at corner of Handy Andy’s to which Mr. Barker said he did not know Handy Andy’s but he did not believe there was a tower within two miles of the structure. Mr. Barker said he had the information but it would take him a minute to pull it up. 14 October 4, 2021 13 Chairman Powell asked if there any other questions for Mr. Barker; hearing none, he asked the Clerk to the Board if there were any other speakers. Clerk to the Board, Brenda Reaves said Mr. Mark Lambra signed up and he stated he was neither in favor or in opposition to the request. Mr. Mark Lambra of 1860 Guess Road, Timberlake said he was the house on the map, the very first and closest house and closer than the owner’s house. He said his questions were along the lines that that he has cell service there now and he didn’t know why we need more cell service. And he doesn’t mind the owner doing what he wants to do with his property as long as it doesn’t affect him. He said it was a me, me, me situation. He said he personally did not want to look at the tower and that is where it will affect him. Mr. Lambra said he wondered as it was such a big piece of land if it could it farther on down where no one else would see, and to just change the location or if there was a reason why it couldn’t be changed. Outside of that, Mr. Lambra said he did hear the comment that it doesn’t interfere with anything, am/fm, Wi-Fi and TV, and asked if it does interfere with him as he is in close proximity, how do I get in contact with who is responsible for fixing that was his question or concern. Mr. Lambra said if it does remain as an eyesore and if the county is getting more money, wondering if that lowers his property taxes was a question he had for the Board. So if you get a gain on one side does he get a blessing on his side? Mr. Lambra said he liked the idea of instead of having a great big, huge tower and the option of having two small towers that blend and look like trees, would that be better for the drive and everybody that lives out there to have two small towers that you don’t even notice that pop up instead of having one humongous one. Mr. Lambra said there was talk of reports today and he would love to have copies of the reports (directing this comment to Ms. Blount). Ms. Blount said reports on what to which he said the reports she said she had that supported with your opening comments today. Ms. Blount stated the staff report and Mr. Lambra said no, the reports that were mentioned in the very beginning; someone said they had. Ms. Blount asked if he was talking about the FAA approval and he said yes and all the different things that they have to; he said he would like to get a copy of those to put in his file in case it comes back to haunt him. Chairman Powell stated they could take care of that. In closing, Mr. Lambra said he would like to see a smaller tower like a tree and then have another tower approved to spread it out noting the population out there is pretty sparse, if it only covers two to five miles, maybe it would be beneficial to have smaller towers farther apart to capture more. He said that was all he had to say and thanked the Board. Ms. Oakley asked to quickly answer Commissioner Gentry’s question and stated she measured from the intersection that she asked about to this proposed tower and it is 4.4 miles. Mr. Barker said he was glad she could pull it up as he had some internet connectivity issues and he could tell there was one tower within five miles. Mr. Barker said he could not speak on the property taxes obviously. Mr. Barker noted the ability to drop it to two towers on the same property at a lower height while still providing the same coverage; the idea is to provide coverage to the area that is out there. Mr. Barker said he had gotten 15 October 4, 2021 14 approval from Verizon Wireless to lower the height of this tower by 50 ft. to bring it to a 250 ft. tower if that will appease anyone. He said they have run the numbers and proved that they can provide the same adequate coverage with a 250 ft. tower. As far as property values, we all drive by towers every day and we just do not notice them. Mr. Barker said they are everywhere, if you walk out the door and look around, you will probably going to see one. He said you do not notice them, as they are a part of our everyday life. Mr. Barker said he was currently in the market for a home and he was looking every day for a home and every time he and his wife walk into a home, the first thing she does is look at her cell phone, and if she doesn’t have coverage, it is off the list, so as far as property values go, if there is no wireless coverage, it is taking them off his list as he has to have connectivity to function and most of us are in that boat nowadays. Chairman Powell asked Mr. Barker to go back to the 300 ft. versus 250 ft. to answer if they are equal. Mr. Barker responded that their ideal coverage is 300 ft. but with 250 ft. they can still provide coverage and hand off to adjacent towers. Chairman Powell asked if there any further questions from commissioners. He asked the Clerk to the Board if there were any more speakers to which she confirmed that concluded the speakers for public comments. A motion was made by Vice Chairman Puryear and carried 5-0 to close the public hearing for Petition SUP-04-21, a request by the applicant, Vertical Bridge Development, LLC (Doug Barker) on behalf of the property owner, Randy W. Jones, to construct a new 300’ tall self-supported wireless communications tower on 25.59 acres located at 2025 Guess Rd (Tax Map and Parcel number A43-176) in the R (Residential) Zoning District. 16 October 4, 2021 15 CONSIDERATION TO GRANT OR DENY PETITION SUP-04-21, A REQUEST BY THE APPLICANT, VERTICAL BRIDGE DEVELOPMENT, LLC (DOUG BARKER) ON BEHALF OF THE PROPERTY OWNER, RANDY W. JONES, TO CONSTRUCT A NEW 300’ TALL SELF-SUPPORTED WIRELESS COMMUNICATIONS TOWER ON 25.59 ACRES LOCATED AT 2025 GUESS RD (TAX MAP AND PARCEL NUMBER A43-176) IN THE R (RESIDENTIAL) ZONING DISTRICT: A motion was made by Vice Chairman Puryear and carried 5-0 to approve a request by the applicant, Vertical Bridge Development, LLC (Doug Barker) on behalf of the property owner, Randy W. Jones, to construct a new 300’ tall self-supported wireless communications tower on 25.59 acres located at 2025 Guess Rd (Tax Map and Parcel number A43-176) in the R (Residential) Zoning District as presented with the following condition to be placed on the Special Use Permit: 1. The applicant is to obtain all necessary permits for the wireless communications tower project and adhere to all requirements listed in the Person County Planning and Zoning Ordinance. In addition, Vice Chairman Puryear stated the request met the four findings of fact and in general conformity with the Comprehensive Plan. INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Ms. Anderson Clayton of 1416 Stone Drive, Roxboro and Chair of the Person County Democratic Party reminded everyone that the municipal election would be taking place on October 5, 2021 with voting in the Person County Office Building Auditorium. She also extended an invitation to the monthly Democratic Party meeting on October 18, 2021 starting at 7:00pm. Ms. Clayton commended the Roxboro Area Chamber of Commerce, the Roxboro Uptown Group and others in making the recent Personality event a success. She asked the Board to included public input on how to use the American Rescue Plan funding noting an emphasis on expanding affordable broadband to the underserved citizens in the county. 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 September 7, 2021, B. Approval of Minutes of September 20, 2021, C. Budget Amendment #6 Carryforwards2, and D. Budget Amendment #7 17 October 4, 2021 16 UNFINISHED BUSINESS: SECOND READING TO UPDATE THE ORDINANCE REGULATING POSSESSION OR CONSUMPTION OF MALT BEVERAGES OR UNFORTIFIED WINE ON COUNTY PROPERTY: John Hill, Director of Recreation, Arts, and Parks Department stated the Board of Commissioners, at its meeting on September 20, 2021, voted 4-0 to adopt the update to the Ordinance Regulating Possession or Consumption on Malt Beverages or Unfortified Wine on County Property. As all five commissioners were not present to vote at the First Reading, the County Attorney advised a Second Reading was in order to meet statutorily requirements noting a majority vote would adopt the updated ordinance. The updated ordinance would allow for alcohol to be served or sold at authorized special event locations on County property with the approval by the Board of Commissioners and the required Person County Special Event Alcohol Permits and North Carolina Alcohol license and event permits. Mr. Hill requested Board consideration to adopt the updated Ordinance Regulating Possession or Consumption of Malt Beverages or Unfortified Wine on County Property A motion was made by Commissioner Palmer and carried 5-0 to adopt an Ordinance Regulating Possession or Consumption of Malt Beverages or Unfortified Wine on County Property, as presented with a provision to authorize special event locations. 18 October 4, 2021 17 19 October 4, 2021 18 20 October 4, 2021 19 AUTHORIZING RESOLUTION FOR SPECIAL EVENT LOCATION: John Hill, Director of Recreation, Arts, and Parks Department on behalf of the Person County Recreation Advisory Board requested that the Person County Board of Commissioners consider an Authorizing Resolution for Special Event Location. Mr. Hill noted the resolution would authorize the possession or consumption of malt beverages or unfortified wine, i.e., alcohol to be served at a specific location, which in this case is the Huck Sansbury Recreation Complex property, owned by Person County and located at 425 Long Avenue, Roxboro, NC on October 5, 2021, between the hours of 1:00pm and 6:00pm by a licensed and insured alcoholic beverage vender, business, or company for the Mountains to Coast Ride special event. Mr. Hill said approximately 800 bicycle riders participating in the Mountains to the Coast Ride would be arriving at the Huck Sansbury Complex in the morning hours of October 5, 2021 following their ride from Reidsville. A motion was made by Vice Chairman Puryear and carried 5-0 to adopt an Authorizing Resolution for Special Event Location, in this case, at the Huck Sansbury Recreation Complex property, owned by Person County and located at 425 Long Avenue, Roxboro, NC on October 5, 2021, between the hours of 1:00pm and 6:00pm. 21 October 4, 2021 20 22 October 4, 2021 21 NEW BUSINESS: STORMWATER INTERIM ALTERNATIVE IMPLEMENTATION APPROACH PROJECT UPDATE: Planning Director, Lori Oakley & John Hill, Director of Recreation, Arts and Parks Updated the Board on the Stormwater Team’s efforts on the Stormwater Interim Alternative implementation Approach (IAIA) projects. Ms. Oakley stated that during the May 17, 2021 Board of Commissioners meeting, the stormwater team presented three potential projects that would fulfill the county’s stormwater regulation obligation under the IAIA program. The board authorized staff to proceed with the projects as presented. She updated the group that one of the projects presented in May had been taken off the table as the property was sold. Ms. Oakley stated that the County has $144,000 in the budget to spend on the qualifying projects by June 30, 2022. Ms. Oakley updated staff were diligently working with the adjacent property owners exploring option in gaining access to the County Farm which was deemed the #1 project they were focusing on. Simultaneously, the stormwater team was working on its #2 project regarding property between the Rock Athletic Complex and Southern Middle School Mr. Hill described some of the amenities for the Rock Athletic Complex project included mountain biking, hiking, environmental education, wildlife education, fertilizer education and possible public utilities right of way or green spaces to connect the community. Mr. Hill stated the Stormwater Team would like to approach an architect firm for planning on this project. In addition, Mr. Hill stated the Stormwater Team was coordinating community meetings to answer questions from the public and gain new ideas possibly later this month. Mr. Hill noted they would probably conduct two such meetings, one in the Helena area and the other in town. BEREA SOLAR, LLC WRITTEN DECISION DENYING SPECIAL USE PERMIT: County Attorney, TC Morphis, Jr. stated the new state statutes require the Board of Commissioners to approve a Written Order of the decision made when taking up the Special Use Permit application. County Manager, Heidi York said this action formalizes the action already taken by the Board of Commissioners at its August 16, 2021 meeting. A motion was made by Commissioner Gentry and carried 5-0 to approve the Berea Solar, LLC Written Decision Denying Special Use Permit, as presented. 23 October 4, 2021 22 24 October 4, 2021 23 25 October 4, 2021 24 26 October 4, 2021 25 27 October 4, 2021 26 28 October 4, 2021 27 CONSIDERATION TO RELOCATE THE BOARD’S REGULAR-SCHEDULED OCTOBER 18, 2021, NOVEMBER 1, 2021, NOVEMBER 15, 2021 AND DECEMBER 6, 2021 MEETINGS TO BE HELD IN THE COUNTY AUDITORIUM: A motion was made by Vice Chairman Puryear and carried 5-0 to relocate the Board of Commissioners’ regular-scheduled meetings on October 18, 2021, November 1, 2021, November 15, 2021, and December 6, 2021 to be held in the Person County Office Building Auditorium, located at 304 S. Morgan St., Roxboro, NC. CHAIRMAN’S REPORT: Chairman Powell had no report. MANAGER’S REPORT: County Manager, Heidi York reported that staff were awaiting direction from the Department of Treasury on clarification for expending the American Rescue Plan funds however noting that infrastructure and notably expansion of broadband was a priority. COMMISSIONER REPORT/COMMENTS: There were no reports or comments from Vice Chairman Puryear nor Commissioners Palmer or Gentry. Commissioner Sims asked Commissioner Gentry about the status of the Economic Development Task Force which met last in May 2021. Commissioner Gentry responded that she had sent an email noting a report from the Task Force was forthcoming in November. Commissioner Sims stated he wanted to address some questions posed by John Seepe: a) Regarding land being donated to PCC for the Advance Technology Center (ATC), he said he spoke with PCC staff, Beth Townsend who told him she was not aware of any land donation for the ATC project. b) Regarding the Solar moratorium, he said staff and the county attorney were currently working on amendments for the solar regulations. c) Regarding mandating a COVID vaccine for employees, he said the county is following CDC guidelines and holding for a mandate at this time. Commissioner Sims recognized the Roxboro Area Chamber of Commerce who was awarded $25,000 Uptown Grant by Duke Energy. He added it was good to see people at the Chamber’s Personality event and thanked the Chamber and all its volunteers that made it possible. 29 October 4, 2021 28 CLOSED SESSION #1 A motion was made by Commissioner Palmer and carried 5-0 to enter into Closed Session at 7:58pm 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 county (economic development) 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, TC Morphis, Jr. Chairman Powell called the Closed Session #1 to order at 8:01pm. Commissioner Gentry and Economic Development Director, Sherry Wilborn attended the Closed Session #1 via telephone conference call. A motion was made by Vice Chairman Puryear and carried 5-0 to return to open session at 8:10pm. ADJOURNMENT: A motion was made by Vice Chairman Puryear and carried 5-0 to adjourn the meeting at 8:10pm. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 30 AGENDA ABSTRACT Meeting Date: October 18, 2021 Agenda Title: FY2022 Rural Operating Assistance Program Funding Application Summary of Information: The Person Area Transportation System (PATS) would like to submit an application to receive $167,301 in Rural Operating Assistance Program (ROAP) funds through NCDOT. The ROAP funds are 100% State monies that do not require a local match. These funds would be programmed for this fiscal year, FY2022, and be allocated to support Elderly and Disabled Transportation Assistance Trips, Employment Trips, and Rural General Public Trips. The Transportation Advisory Board met and recommended to move forward with the ROAP application. Once approved, a budget amendment will be provided to reflect this additional operating funding amount. Recommended Action: To approve the Transportation Advisory Board’s recommendation to submit a ROAP application to NCDOT. Submitted By: Kurt Neufang, PATS Director 31 AGENDA ABSTRACT Meeting Date: October 18, 2021 Agenda Title: Ninth Amendment to the Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill Summary of Information: This Ninth Amendment to the Agreement with Republic Services of North Carolina, LLC for operation and use of the Upper Piedmont Regional Landfill, 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.” Section 9.2 of the Fourth Amendment is hereby deleted in its entirety and replaced with new Section 9.2 that reads as follows: 32 “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.” Recommended Action: Adopt the Ninth Amendment to the Agreement for Continued Development, Use, and Operation of the Upper Piedmont Landfill Submitted By: Heidi York, County Manager 33 NINTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR CONTINUED DEVELOPMENT, USE AND OPERATION OF UPPER PIEDMONT REGIONAL LANDFILL THIS NINTH AMENDMENT (“Ninth Amendment”) to that certain Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill (“New Landfill” as defined in the Agreement), by and between Person County, North Carolina, a political subdivision, organized and existing under the laws of the State of North Carolina (hereinafter referred to as the “County”), and Republic Services of North Carolina, LLC, a limited liability company organized and existing under the laws of North Carolina, d.b.a. Upper Piedmont Regional Landfill, formerly Upper Piedmont Environmental, Inc. (hereinafter referred to as “Republic”). The August, 1995 Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill is hereinafter referred to as the “Agreement”. RECITALS WHEREAS, in August of 1994, the parties entered into an “Agreement for Development, Use and Operation of New Landfill”; and WHEREAS, in August of 1995, the parties entered into the Agreement; and WHEREAS, the New Landfill first began operation on July 1, 1997; and WHEREAS, in June of 2017, the parties entered into the First Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill (“First Amendment”); and WHEREAS, in May of 2018, the parties entered into the Second Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill (“Second Amendment”); and WHEREAS, in June of 2019, the parties entered into the Third Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill (“Third Amendment”); and WHEREAS, in September of 2019, the parties entered into the Fourth Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill (“Fourth Amendment”); and WHEREAS, in April of 2020, the parties entered into the Fifth Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill (“Fifth Amendment”); and 34 2 WHEREAS, in June of 2020, the parties entered into the Sixth Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill (“Sixth Amendment”); and WHEREAS, in September of 2020, the parties entered into the Seventh Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill (“Seventh Amendment”); and WHEREAS, in December of 2020, the parties entered into the Eighth Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill (“Eighth Amendment”); and WHEREAS, the parties desire to clarify certain aspects of the Fourth Amendment and make other clarifying changes. NOW, THEREFORE, the parties hereto agree as follows: 1. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Capitalized terms used herein and not otherwise defined shall have the meanings given them in the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment and Eighth Amendment. 2. 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.” 35 3 3. 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.” 4. 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.” 5. Section 6 of the Agreement remains in effect without amendment. 6. The effective date of this Ninth Amendment shall be the date that the Ninth Amendment is fully executed by both parties. 7. Except as set forth herein, the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment and Eighth Amendment shall remain in full force and effect. In the event of a conflict between the terms of this Ninth Amendment and those contained in the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment and Eighth Amendment, the terms of this Ninth Amendment shall prevail and control. 8. This Ninth Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the County and Republic have caused their respective duly authorized officers to execute this Ninth Amendment as of the day and year first above written. 36 ATTEST: PERSON COUNTY, NORTH CAROLINA By: By: Brenda B. Reaves Clerk to the Board Gordon Powell Chairman, Person County Board of Commissioners [County Seal] Date: ________________________________ APPROVED AS TO FORM: By: S. Ellis Hankins County Attorney This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act By: Amy Wehrenberg County Finance Officer 37 ATTEST: REPUBLIC SERVICES OF NORTH CAROLINA, LLC D.B.A. UPPER PIEDMONT REGIONAL LANDFILL By: By: [Corporate Seal] Shane Walker Vice President Date: _________________________________ 38 AGENDA ABSTRACT Meeting Date: October 18, 2021 Agenda Title: Runway 6 Obstruction Removal Project Summary of Information: The FAA notified Raleigh Regional Airport at Person County that 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, due to the height of some trees, there are restrictions imposed that prevent some aircraft landing at our airport, particularly in inclement weather. 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. Recommended Action: Authorize the County Manager to award this bid and sign the respective contract. Submitted By: Ray Foushee – General Services Director 39 AGENDA ABSTRACT Meeting Date: October 18, 2021 Agenda Title: Resolution Giving Notice to all Candidates for the Office of Person County Sheriff with Intention to Set the Starting Salary for the Positon as provided by law Summary of Information: 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 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. Recommended Action: Adopt the Resolution to set the starting salary for the position of Sheriff for which the filing fee will be calculated. Submitted By: Heidi York, County Manager 40 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 The Person County Board of Commissioners, as authorized by North Carolina General Statute 153A-92 hereby gives notice to all candidates for the Office of Person County Sheriff during the 2022 general election of its intention to set the starting salary for the Sheriff position as provided below. This action will affect the individual elected to this office when he or she takes office. North Carolina General Statute 63-107 governs the filing fee for candidates for sheriff; it is 1% of the starting salary for the office, rather than the current salary of the incumbent. The starting salary for the Sheriff position will be $76,680. Once adopted, the Resolution setting the salary for the Sheriff position shall not be altered or amended until after the person elected Sheriff in the 2022 election for this position takes office. Thereafter, the Board of Commissioners may adjust the starting salary of the candidate elected considering the years of service and performance in related experience of the person elected. Adopted, this, the 18th day of October 2021. ________________________________ Gordon Powell, Chairman Person County Board of Commissioners ATTEST: ________________________________ Brenda B. Reaves, MMC, NCMCC Clerk to the Board of Commissioners 41