02-18-2020 Meeting Minutes BOC
February 18, 2020
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PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 18, 2020
MEMBERS PRESENT OTHERS PRESENT
B. Ray Jeffers Heidi York, County Manager
David B. Newell, Sr. (Resigned 2/3/2020)
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton
Kyle W. Puryear (via telephone conference call)
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Tuesday, February 18, 2020 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Jeffers called the meeting to order. Commissioner Clayton gave an
invocation and Commissioner Powell led the group in the Pledge of Allegiance.
Commissioner Puryear participated in the meeting via telephone conference call.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Jeffers requested an addition to the agenda for a Resolution Declaring
Person County a Constitutional Rights Protected County.
A motion was made by Chairman Jeffers and carried 4-0 to add a Resolution
Declaring Person County a Constitutional Rights Protected County to the agenda.
A motion was made by Commissioner Powell and carried 4-0 to approve the
agenda as adjusted.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Anthony Horton of 7233 Hurdle Mills Road, Hurdle Mills addressed the Board
related to his concerns for a proposed 800-acre solar facilities mega site that he has heard
has been amended to 330+ acres; he said he knew this proposal solar facility has not been
before the Board of Commissioners. Mr. Horton stated his concerns that residents will be
impacted noting that the community has a petition with 450 signatures opposing the
proposed solar mega park to be located in rural residential areas, i.e. Hurdle Mills. He
questioned who would be the responsible party: the solar company, the county or
landowners should the solar panels be destroyed by a natural disaster whereby the
chemicals in the solar panels leak into the groundwater. Mr. Horton noted there was one
property owner that may be completely surrounded on all sides by the proposal solar farm.
Mr. Chris Weaver of 342 Satterfield Farm Road, Timberlake, and Person County
GOP Chairman appeared before the Board to present a Person County GOP
recommendation for a 2nd Amendment Resolution that included language from the 5th and
14th Amendments as well as red flag laws to protect the Constitutional Rights and Liberties.
He also added that he opposed the proposed solar farm in the Hurdle Mills community and
would not want to see it happen.
Ms. Patricia “PJ” Gentry of 541 Byrd Creek, Hurdle Mills reiterated Mr. Weaver’s
appeal to consider the Person County GOP’s resolution to add some “teeth” for the
Constitutional Right to Bear Arms. She stated as a Hurdle Mills resident, she felt a solar
mega park would not aesthetically fit in the community and warned the toxic chemicals
could run/leach into the land. She noted the renewable energy costs were many times more
than the worth to recycle and the panels end up in the landfill. Ms. Gentry further noted
the health hazards associated with solar panels were not legislated by federal, state and
local laws and she did not think placing in a residential community was a good idea.
Chairman Jeffers read the following comments from Ms. Brenda Clayton of 233
Whitt Town Road, Roxboro: “I urge you to enact regulations to govern new solar farms in
Person County that protect the health and well-being of nearby residents, the value of
homes that would be adjacent or nearby, the environment, wildlife, watersheds,
surrounding wells and other water sources nearby, nearby farm lands and livestock, and to
consider the impact on homeowners and residents who live nearby; do not allow a few
absentee landowners to spoil the environment for many people who live nearby, do not
allow a few absentee landowners to cause emotional pain to those who live nearby, do not
allow solar farms to be built in residential communities or farming/residential communities
that have become increasingly residential in the past years; do not allow Person County to
become known as the county in NC with the largest number of solar facilities in the state.
Notes: NC is 2nd only to California in the number of solar farms in the US. The solar farm
currently planned for Hurdle Mills would be one of the largest in NC and the southeast US.
The lawyers for the solar farms rebuke there are no studies documenting any detrimental
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effects from solar farms or loss of home values, however, there are no studies showing that
solar farms have positive effects on residents and the environment or that home values stay
the same or increase either. The people who will make money here are absentee
landowners and solar companies. Any jobs created during construction would be
temporary; Person County needs permanent jobs and not to have the county covered in
solar panels. Solar panels are made in China therefore we have no ideas how safe they
are.”
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Powell and carried 4-0 to approve the
Consent Agenda with the following items:
A. Budget Amendment #14, and
B. Tax Adjustments for February 2020
a. Tax Releases
b. NC Vehicle Tax System pending refunds
NEW BUSINESS:
BOARD OF COMMISSIONERS’ VACANCY FULFILLMENT PROCESS:
County Manager, Heidi York stated with the resignation of Vice Chairman Newell
on February 3, 2020, the Board was required to follow a process for filling that vacancy as
directed by State Statute. Ms. York stated that she, Chairman Jeffers, County Attorney,
Ron Aycock and the Elections Director, Sherry Harris have reviewed the applicable state
statutes: NC General Statute 153A-27 and NCGS 163-115(d) to ensure the process was
followed according to law.
Ms. York stated the following process and time line for filling the seat vacated by
Vice Chairman Newell. Only the most relevant components of the Statute are being cited
and are paraphrased below.
153A-27 (a): If a vacancy occurs, the remaining members of the board shall appoint a
qualified person to fill the vacancy. If the remaining members of the board do not fill a
vacancy within 60 days after the day the vacancy occurs (February 3, 2020), the clerk
of superior court shall, within 10 days after the vacancy is reported to the clerk, fill the
vacancy.
153A-27 (b): If the member being replaced was serving a four-year term and the
vacancy occurs more than 60 days before the general election for county commissioner,
then at that general election, a person shall be elected to the seat vacated to the remainder
of the unexpired term (December 2022).
153A-27 (c): To be eligible for appointment to fill a vacancy, a person must be a
member of the same political party as the member being replaced. The board of
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commissioners shall consult the county executive committee of the appropriate political
party before filling a vacancy, but neither the board nor the clerk of superior court is
bound by the committee’s recommendation.
163-115 (d): if a vacancy occurs and the above statutes require that a person shall be
elected for the remainder of the unexpired term, a nomination shall be made by the
county executive committee of each political party and the names of the nominees shall
be printed on the general election ballots.
Chairman Jeffers stated his intent to give official notice to the Person County
Republican Party executive committee requesting their recommendation to be submitted to the
Board of Commissioners by its March 9, 2020 meeting to be held at 9:00am at which time the
Board may vote at that time for a person to fill the vacant position. Chairman Jeffers noted that
once the position has been filled, he would request the Person County Board of Elections to
begin the process of acquiring a nomination from both parties to be placed on the November
2020 general election ballot.
Commissioner Puryear asked the County Attorney if the GOP recommendation was
not approved by the Board of Commissioners, if subsequent nominees were in order. Mr.
Aycock stated the state statutes did not address subsequent nominations formally however
should the Board of Commissioners desire to informally consider subsequent nominations,
they could, however it was not legally required to do so.
Chairman Jeffers asked the representatives from the Person County GOP, present
in the audience, when their next meeting would be held and if they felt a nomination could
be submitted to the Board of Commissioners by its March 9, 2020 meeting to which many
confirmed the next meeting was on February 20, 2020 and a nomination would be made
prior to March 9th.
A motion was made by Commissioner Clayton and carried 4-0 for a letter to be
submitted from the Board of Commissioners to the Person County GOP soliciting a
nomination from the GOP Executive Committee for consideration to fill the current
vacancy.
Chairman Jeffers requested his fellow commissioners to take on the duties of the
boards and committees that were under the duty of former commissioner Newell as
follows:
Health Board: Chairman Jeffers
Senior Center Advisory Committee: Chairman Jeffers
Library Advisory Board: Commissioner Clayton
Animal Advisory Committee: Commissioner Puryear
Transportation Advisory Board: Commissioner Powell
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SOLAR FARM DISCUSSION:
Planning Director, Lori Oakley stated solar farms are regulated in Person County based on
the zoning district in which they are located in and their proximity to residential
development. Additional requirements for solar farms include buffering requirements, a
decommissioning plan and a performance bond to cover the cost of decommissioning. Ms.
Oakley reviewed the Solar Farm Regulations in Person County as follows:
Solar Farm Regulation in Person County
The Person County Planning Ordinance defines solar farms as…
SOLAR ENERGY SYSTEM (SES) - The components and subsystems required to convert
solar energy into electric or thermal energy suitable for use. The area of the system includes
all the land inside the perimeter of the system, which extends to any fencing. The term
applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and
solar hot water systems
The Person County Planning Ordinance regulates solar farms based on…
1. Zoning. Solar farms are considered light industrial and are prohibited in the R (Residential)
district.
2. Distance to residential development. Solar farms are considered a use by-right (approved
at staff level with no public hearing) unless they are located within 250 feet of a residential
structure as measured from structure to structure (home to panel). If a solar farm is within
250 feet of a residential structure then approval must come from a special use permit
(approved by Board of Commissioners).
Outside of normal commercial/industrial development Person County requires the following for
solar farms…
1. 50 foot vegetated or structural buffers when adjacent or across from residential uses (See
Planning Ordinance Section 75 – Table of Dimensional Requirements Landscaping and
Buffers).
2. Decommissioning Plan (See Planning Ordinance Appendix C- Table of Permitted Uses
Note 10 – Solar Energy Systems (SES)).
3. Performance guarantee equal to 1.25 times the estimated decommissioning cost as
determined by a licensed NC engineer (See Planning Ordinance Appendix C- Table of
Permitted Uses Note 10 – Solar Energy Systems (SES)).
Ms. Oakley outlined the following considerations for further regulating Solar Farms as
follows:
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Regulation of solar farms can include a number of different elements that are highly contextual.
The following information provides considerations for further regulating solar farms and is
summarized from the UNC-CH School of Government’s report Planning and Zoning for Solar in
North Carolina (Lovelady, 2014). Solar farms are referred to as solar farms, solar systems, and
solar energy systems (SESs) in the following text.
1. Define solar based on accessory versus principal solar operations and/or roof
mounted systems versus ground mounted systems and regulate each type of system
differently. Restrictions differ for residential roof top systems versus 200 acre solar farms.
Jurisdictions may use size thresholds to differentiate types of projects and approval.
Common restrictions for residential solar installations include setbacks, screening,
maximum height, and yard placement. Ordinances can prohibit solar on the front façade or
in the front yard of residences. Some jurisdictions treat accessory solar as one big category,
applying the same basic standards to all accessory solar. Others have careful distinctions
among different types of accessory solar.
2. Determine where different types of solar systems are permitted by right or with quasi-
judicial review. Accessory solar is typically allowed by right (with dimensional standards)
and principal solar is typically allowed by right in industrial and agricultural districts and
restricted/subject to quasi-judicial review in other districts.
3. Place height and additional setback restrictions on different types of solar systems.
Height restrictions for solar farms are commonly placed at 25 feet. Setback requirements
are commonly tied to setbacks for the zoning district, but an additional setback requirement
may be added.
4. Require screening and fencing. Some jurisdictions leave this matter to the owner’s
discretion, some require some sort of barrier, and others address the issue through the terms
of conditional and special use permits. However, intense screening may negatively impact
the solar farm due to shade.
5. Provide additional regulations for design and operations through glare standards.
Addressing issues of glare depends on topography and adjacent land uses. Jurisdictions
may require standards such as glare resistant panels (Huntersville), engineer confirmation
that glare impacts are minimal (Saint Paul’s), or specific solar farm configuration to avoid
glare and heat transference to adjacent lands (Currituck County).
Template Solar Energy Development Ordinance for North Carolina Highlights
The following are highlights from the Template Solar Energy Development Ordinance developed
by The North Carolina Solar Center (NCSC) and the North Carolina Sustainable Energy
Association (NCSEA) in 2016. Solar farms are referred to as solar farms, solar systems, and solar
energy systems (SESs) in the following text.
Defining solar energy systems. The model ordinance defines solar energy systems based on the
following three tiers:
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1. Level 1 System: Roof-mounted, building integrated, mounted over a parking lot, or ground-
mounted and no more than half the footprint of the primary structure on the lot. A permitted
use provided it meets applicable height, setback, aviation notification, and related district
standards.
2. Level 2 System: Ground-mounted system with a footprint of no more than ½ an acre in
residential districts, no more than 10 acres in commercial/business districts or of any size
in industrial districts. Subject to additional solar development standards (administrative
approval).
3. Level 3 System: Systems that do not meet the requirements of Level 1 or 2 systems. Most
solar farms are Level 3 systems. Subject to the same solar development standards as Level
2. Require a public permit hearing (conditional/special use permit).
Determining where different types of solar systems are permitted by right or with quasi-
judicial review. The model ordinance states that Level 1 roof top and ground mounted solar energy
systems should be permitted by right in all districts and Level 2 and 3 solar energy systems are
subject to development standards or special use permits in all districts. Development standards are
referred to as “Limited Use” in some jurisdictions.
Table 1. Template Solar Energy Development Ordinance for North Carolina District Allowances
Solar Energy Facility Agricultural
Residential
Residential
Low Density
Residential
Med. Density
Residential
High Density
Commercial/
Business
Light
Industrial
Heavy
Industrial
Office/
Institutional
Roof mounted, parking
lot cover, or building
integrated (Level 1)
P P P P P P P P
Ground mounted systems
Up to 50% of the primary
structure (Level 1)
P P P P P P P P
< ½ acre (Level 2) D D D D D D D D
< 10 acres (Level 2 or 3) SUP SUP SUP SUP D D D D
> 10 acres (Level 2 or 3) SUP SUP SUP SUP SUP D D SUP
Type of Permit: P = Permitted Use, D = Development Standards, SUP = Special Use Permit or Conditional
Use Permit
Placing height and setback restrictions on solar energy systems. The model ordinance provides
recommended setbacks measured from the parcel line to the ground mounted solar energy system
equipment. These setbacks exclude any security fencing, polies, and wires necessary to connect to
facilities of the electric utility. The model ordinance also provides height limitations measured from
the highest natural grade below each solar panel.
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Table 2. Template Solar Energy Development Ordinance for North Carolina Setback Restrictions
Zoning District Level 3 Level 2 Level 1 Front Side Rear
Agricultural/Residential 30’* 15’* 25’*
Per zoning
district *, **
Per zoning
district **, ***
Residential, Low Density 50’* 50’* 50’*
Residential, Med. Density Per zoning district Residential, High Density
Commercial/ Business 30’* 15’* 25’*
Light Industrial 30’* 15’* 25’*
Heavy Industrial 30’* 15’* 25’*
Office/ Institutional 30’* 15’* 25’*
*100’ setback for SES equipment, excluding any security fencing, to any residential dwelling unit.
If the SES is on a working farm where the primary residential structure of the farm is on an adjacent
lot then this 100’ setback will not apply to this primary residential structure.
**Ground-mounted SES must comply with district front yard limitations and setbacks, or otherwise
not impair sight distance for safe access to or from the property or other properties in the vicinity.
***Level 1 SESs are not subject to screening requirements typically applied to accessory utility
systems (HVAC, dumpsters, etc.).
Table 3. Template Solar Energy Development Ordinance for North Carolina Height Restrictions
Zoning District Level 3 Level 2 Level 1
Agricultural/Residential 20’ 20’
Roof‐mounted: Per zoning district
Ground‐mounted: 20’
Residential, Low Density 20’ 20’
Residential, Med. Density 20’ 20’
Residential, High Density 20’ 20’
Commercial/ Business 20’ 20’
Light Industrial 20’ 20’
Heavy Industrial 20’ 20’
Office/ Institutional 20’ 20’
Providing aviation notification. The model ordinance states the following regarding solar farms
and aviation systems:
1. Aviation notification requirements apply only to Level 1, 2, and 3 systems over ½ acre in
size.
2. Solar farms greater than ½ acre in size must provide the following items:
a. A map analysis showing a radius of five (5) nautical miles from the center of the
SES with any airport operations within this area highlighted shall be submitted
with permit application.
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b. Notification of intent to construct the SES shall be sent to the NC Commanders
Council at Camp Lejeune at least 30 days before the CUP/SUP hearing for Level
3 SESs and at least 45 days before starting construction for applicable Level 1 &
Level 2 SES’s.
c. An evaluation determining whether there is a solar glare aviation hazard must be
sent to one of the following authorities listed below at least 30 days before the
CUP/SUP hearing for Level 3 SESs and at least 45 days before starting
construction for Level 1 & Level 2 SES:*
1. For airports in the National Plan of Integrated Airport Systems within 5
nautical miles of the center of the SES must be sent to the Federal Aviation
Administration’s (FAA) Airport District Office (ADO) with oversight of
North Carolina.
2. For airports not in the National Plan of Integrated Airport Systems within
5 nautical miles of the center of the SES must be sent to the NC
Commanders Council for military airports and to the management of the
airport for non-military airports.
*Any applicable SES design changes after initial submittal must be re-run through glare analysis
and a full report must be resent to one of the above contacts*
For on-airport solar development, glare assessment tool evaluation is required and must show there
is no potential for glint or glare near existing or planning Airport Traffic Control Tower cabs or
along the final approach path for any existing or future landing threshold as shown on the current
FAA-approved Airport Layout Plan (per FAA interim policy FAA Review of Solar Energy System
Projects on Federally Obligated Airports 10-23-2013).
Specific Requirements for Level 2 and 3 Solar Energy Systems. The model ordinance states that
Level 1 solar energy systems should be allowed by right provided they meet applicable height,
setback, aviation notification, and related district standards. The model ordinance lists the following
requirements for each Level 2 and 3 solar energy systems:
1. Level 2 and 3 solar energy systems must submitted a site plan to the Zoning Administrator
demonstrating compliance with setback and height limitations, applicable zoning district
requirements, and applicable solar requirements.
2. Level 2 and 3 solar energy systems must adhere to the following visibility criteria:
a. Constructed with buffering as required by the applicable zoning district or
development standards
b. Public signage (i.e. advertising, educational, etc.) as permitted by local signage
ordinance, including appropriate or required security and safety signage.
c. If lighting is provided at site, lighting shall be shielded and downcast such that the
light does not spill onto the adjacent parcel or the night sky. Motion sensor control
is preferred.
3. Level 2 and 3 solar energy systems must provide decommissioning plans signed by the
party responsible for decommissioning and the landowner with evidence that the
decommissioning plan was recorded with the Register of Deeds.
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Water Infiltration and Soil Conservation Recommendations. The model ordinance provides the
following criteria to be used, at a minimum, to ensure that ground mounted solar arrays are
pervious:
1. Panels must be positioned to allow water to run off their surfaces.
2. Soil with adequate vegetative cover must be maintained under and around the panels.
3. The area around the panels must be adequate to ensure proper vegetative growth under and
between the panels
Buffering Recommendations. The model ordinance provides sample buffering language from
Brunswick and Guilford Counties for solar energy systems. In both cases there is a simple solar
specific buffering requirement that refers to existing generic buffering specifications/requirements.
Abandonment and Decommissioning Language. The model ordinance provides a simple
abandonment clause for jurisdictions that would like to consider including a clause on abandonment
in their solar ordinance. It states the following:
A SES that ceases to produce energy on a continuous basis for 12 months will be considered
abandoned unless the current responsible party (or parties) with ownership interest in the SES
provides substantial evidence (updated every 6 months after 12 months of no energy production)
to the Zoning Administrator of the intent to maintain and reinstate the operation of that facility. It
is the responsibility of the responsible party (or parties) to remove all equipment and facilities and
restore the Parcel to its condition prior to development of the SES
1. Upon determination of abandonment, the Zoning Administrator shall notify the party (or
parties) responsible they must remove the SES and restore the site to its condition prior to
development of the SES within three hundred and sixty (360) days of notice by the Zoning
Administrator.
2. If the responsible party (or parties) fails to comply, the Zoning Administrator may remove
the SES, sell any removed materials, and initiate judicial proceedings or take any other
steps legally authorized against the responsible parties to recover the costs required to
remove the SES and restore the site to a non-hazardous condition.
Ms. Oakley stated that according to the UNC-CH School of Government, additional
regulations for solar farms can include requirements based on the type of solar array
(accessory use versus principal use), quasi-judicial versus staff review, height and setback
requirements, screening and fencing requirements and additional regulations for glare
standards.
Ms. Oakley said the NC Solar Center (NCSC) and NC Sustainable Energy Association
(NCSEA) created The Template for Solar Energy Ordinance in 2016. Topics from the
template include:
Defining solar energy systems (levels 1, 2 and 3) based on size
Determining where different types of solar systems are allowed by right at staff
level or allowed with quasi-judicial review
Height and setback restrictions
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Providing aviation notification and evaluation of solar glare aviation hazard
Water infiltration and soil conservation recommendations
Buffering requirements
Abandonment and decommissioning requirements
Ms. Oakley stated this information was provided to facilitate a discussion on regulating
solar farms in Person County; she asked the Board to provide staff with feedback and
further direction. She noted that should a major amendment for solar farm regulations be
desired by the Board of Commissioners, a stand-alone/free-standing ordinance was
recommended. She further noted that if minor changes are desired, an amendment to the
text for solar farm regulations in the Planning & Zoning Ordinance was recommended.
Ms. Oakley said that her office has not reviewed any specific plans related to the
proposed solar farm in Hurdle Mills.
Commissioner Clayton asked Ms. Oakley how long would it take to prepare a stand-
along/free-standing ordinance to which she said that once the Board outlines the
parameters, she estimated 60-90 days to prepare and bring before the Planning Board and
the Board of Commissioners.
County Attorney, Ron Aycock explained state statutes related to setting a moratorium
include two options: 1) a moratorium up to 60 days, and 2) a moratorium for longer than
60 days. Mr. Aycock noted a vested rights is granted to any applicant that has completed
any stage of the process however he argued that if an application has not been made to the
County, that a vested rights does not exist. He further noted that a moratorium cannot be
adopted until such time proper notice has taken place as well as a public hearing held for
public comments. Mr. Aycock for a moratorium up to 60 days, proper notice is seven days
prior to the public hearing with one advertisement. For a moratorium for 61 days or longer,
proper notice would include two advertisements. Mr. Aycock also recommended for
contact with the FAA for compliance with federal regulations.
Chairman Jeffers recommended as part of the process seek input from the Airport
Commission, the Economic Development Commission as well as the Person County Farm
Bureau.
A motion was made by Commissioner Clayton and carried 4-0 to set a public
hearing for the Board’s next meeting on March 9, 2020 to consider placing a moratorium
on solar farms for 61 days or longer.
Ms. Oakley requested the Board to set parameters for considerations for a stand-
along/free-standing ordinance. County Manager, Heidi York stated she would solicit some
parameters with the Board.
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PROPOSAL TO RAISE EMS SALARIES
Emergency Services Director, Douglas Young made the Board aware that during
the past several years, data has shown a Nationwide and State Paramedic shortage and
during the past two years Person County EMS has had as much as 11 Paramedic openings
at one time due to retirement, new hires failure to complete the probationary period, loss
to other agencies for higher pay, career changes, etc. Mr. Young stated currently there are
seven openings; this is equal to one shift. He added these open positions are being filled
by current paramedics working overtime.
Mr. Young noted research conducted by the Human Resources Director and EMS
Administration determined that Person County’s pay is substantially less than many of our
surrounding counties and region, i.e. Caswell County pays $1 more per hour for a
paramedic. This does not include Durham and Orange or counties of their similar size. Mr.
Young further noted that EMS created a recruitment team and started setting up booths at
job fairs, EMS training meetings and conferences across northern North Carolina and
southern Virginia. However, Person County is competing against other EMS agencies with
higher starting pay. In an effort to recruit paramedics and retain current employees, Mr.
Young requested the Board to consider adjusting the starting pay scale for EMS positions.
Mr. Young asked Mr. Greg White, EMS Operations Manager to present the
adjusted pay scale to the Board based on state averages. Mr. White outlined the following
salary increases to make EMS more competitive in hiring paramedics and retaining current
employees.
Paramedic current pay per hour $16.89 to $18.62
Advance EMT current pay per hour $15.32 to $16.08
EMT current pay per hour $13.89 to $14.09
In addition, Mr. White requested consideration for an extra incentive for
EMS employees for years of service pay as follows:
1-2 years of experience 2%
3-5 years of experience 4%
6-10 years of experience 6%
11 years of experience or more 7%
Ms. Lisa Alston, Human Resources Director stated the years of service pay could
be used as a pay adjustment or to hire an experienced employee at a higher salary.
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Mr. White stated the estimated financial impact to implement a pay scale
adjustment effective March 1, 2020 to carry through the current FY2019-2020 budget is
approximately $75,000 noting EMS fees have increased and averaged $14,000 to $18,000
above budget per month. Interim Assistant County Manager and Budget Manager, Laura
Jensen stated there was sufficient funding in the current EMS lapse salary budget to cover
the costs of the presented salary adjustments.
Mr. White, Ms. Alston and Ms. Jensen agreed the projected budget impact for the
FY2020-2021 budget would be an additional $170,000.
A motion was made by Commissioner Clayton and carried 4-0 to approve
adjusting the starting pay scale of EMS positions as presented.
A RESOLUTION DECLARING PERSON COUNTY A CONSTITUTIONAL
RIGHTS PROTECTED COUNTY:
Chairman Jeffers read and presented a Resolution Declaring Person County a
Constitutional Rights Protected County for consideration for approval by the Board.
County Attorney, Ron Aycock stated without an in-depth analysis of the GOP
resolution, his brief review from the beginning of the meeting notes minimal but substantial
differences. He noted GOP proposed changes as follows:
In the last whereas statement, the GOP resolution omits the word unconstitutionally
but adds “opposed efforts by an entity” which has in his opinion the same implication as
the County’s resolution,
Mr. Aycock stated the whereas statements are assumed opinion without legal
authority noting the resolve paragraph outlines the action to which the GOP resolution was
identical with the addition of a another paragraph, “Person County will not authorize,
appropriate government funds, resources, employees, agencies, contractor, building or
offices for the purposes of enforcing or assisting in gun confiscation or other restrictions
that infringe on the right to keep and bear arms by law abiding citizens as expressed in the
Second Amendment to the U.S. Constitution.” Mr. Aycock noted the added paragraph
would have the County to not take action to enforce any action that would restrict the right
to bear arms. Mr. Aycock cited the Supreme Court Heller case law that believes in the
right to bear arms, a great right moreover than to prepare a Militia, but not an absolute
right. Mr. Aycock further noted the added paragraph tends to authorize the County to do
things which the Constitution and Supreme Court do not authorize the County to do.
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Commissioner Powell asked if the additional paragraph could be added to the
County’s proposed resolution to which Mr. Aycock said it was certainly within the Board’s
policy authority to add such language however as expressed, he opined by adding such
would be problematic, i.e., to add action by the County when not authorized.
A motion was made by Chairman Jeffers to adopt a Resolution Declaring Person
County a Constitutional Rights Protected County as prepared by the County Attorney.
A substitute motion was made by Commissioner Puryear and failed 1-3 to adopt
the Person County GOP Resolution as presented by Mr. Chris Weaver. Commissioner
Puryear cast the only vote in support of the motion.
The original motion carried 4-0 unanimously.
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CHAIRMAN’S REPORT:
Chairman Jeffers reported the Economic Development Commission has been
discussing ways to assist the agriculture industry. In addition, Chairman Jeffers attended
an Orange County Summit where he met a local Person County business, OBX. He added
an opportunity to tour the OBX facility has been extended to the Board of Commissioners.
Chairman Jeffers stated he attend the NC Association of County Commissioners
board of directors’ meeting focusing on broadband; he said Person
County was recognized for being ahead of many rural and urban counties.
Chairman Jeffers asked the County Manager to let the commissioners know when
the committees meet that were assigned earlier.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Powell stated he had asked the County Manager to update the Board
on the County’s fiber project. He noted the state of NC was holding a public forum at
North Elementary on February 19, 2020 starting at 6:00pm related to statewide
environmental issues and the coal ash basins at the local power coal plants.
Commissioner Clayton thanked those in the audience for attending the board
meeting and encouraged them to come again or to view the meeting online. He noted he
had attended a NACo Education Forum related to communication between boards of
education and counties; he said a report will be coming soon.
Commissioner Puryear thanked his fellow commissioners for accommodating his
request to attend the meeting via telephone conference.
February 18, 2020
18
ADJOURNMENT:
A motion was made by Commissioner Clayton and carried 4-0 to adjourn the
meeting at 10:32am.
_____________________________ ______________________________
Brenda B. Reaves B. Ray Jeffers
Clerk to the Board Chairman