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09-21-2020 Meeting Minutes BOC September 21, 2020 1 PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 21, 2020 MEMBERS PRESENT OTHERS PRESENT B. Ray Jeffers Heidi York, County Manager Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board Kyle W. Puryear C. Ronald Aycock, County Attorney Gordon Powell C. Derrick Sims The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, September 21, 2020 at 9:00am in the Person County Office Building Auditorium. Chairman Jeffers called the meeting to order. Commissioner Clayton offered an invocation and Chairman Jeffers led the group in the Pledge of Allegiance. County Attorney, Ron Aycock attended the meeting via telephone conference call. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Jeffers noted an item to add to the agenda for consideration of a Seventh Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill. A motion was made by Chairman Jeffers and carried 5-0 to add to the agenda for consideration of a Seventh Amendment to Amended and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont Regional Landfill. A motion was made by Chairman Jeffers and carried 5-0 to approve the agenda as adjusted. INFORMAL COMMENTS: There were no comments from the public. September 21, 2020 2 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the Consent Agenda with the following items: A. Revision to the False Alarm Ordinance, B. Library Annual State Aid Application for Fiscal Year 2020-2021, C. Home & Community Care Block Grant Final Reports for Fiscal Year 2019- 2020, and D. REAL Academy LLC Contract NEW BUSINESS: BROADBAND DEPLOYMENT UPDATE: IT Director, Chris Puryear stated broadband has certainly come to the forefront with communities during this time of coronavirus, remote learning and teleworking. Mr. Puryear said Person County has been privileged that the Board of Commissioners considered broadband a priority for the last few years. Mr. Puryear introduced RiverStreet Networks Business Development Manager, Mr. Bill Shillito and Vice President Business Development, Mr. Greg Coltrain to provide the Board with an update regarding their current deployment of broadband service across Person County and across the state of NC, as well as their future goals for broadband service expansion. Mr. Bill Shillito stated he and Mr. Greg Coltrain will illustrate through the following presentation the extent of their organization since the purchase of NC Wireless by RiverStreet as they updated the group on their efforts with Person County and other partners to extend access of broadband. Mr. Greg Coltrain, a native of Beaufort County said he has been in the broadband industry for 22 years; he shared the following presentation: September 21, 2020 3 September 21, 2020 4 September 21, 2020 5 September 21, 2020 6 September 21, 2020 7 September 21, 2020 8 September 21, 2020 9 Mr. Shillito presented the update on the Person County Advanced Network as follows: September 21, 2020 10 September 21, 2020 11 September 21, 2020 12 September 21, 2020 13 September 21, 2020 14 September 21, 2020 15 September 21, 2020 16 Chairman Jeffers noted he was sending individuals inquiring about service to the RiverStreet web site. Mr. Coltrain stated for specific pricing he recommended to use myriverstreet.com but the join.buildPiedmont.com can be utilized to put in an order and request service. Mr. Coltrain said if a person enters an address, it will note if interest only or taking orders. September 21, 2020 17 Commissioner Clayton stated the PEMC survey is helpful and he encouraged citizens to participate in the survey. He added the hot spots are a big deal during the pandemic. Commissioner Clayton thanked the Board, past and present members, for working together as well as Person County IT taking on broadband projects. Mr. Shillito said they are leasing space on a tower at Oak Point that is owned by American Tower near Hyco Lake. Once online, it will expand the coverage area by 40% in the northwest section of Person County. Additionally, Mr. Shillito noted a new location identified in southeastern Person County on property owned by Joey Whitt, which requires construction of a new tower. RiverStreet is currently working with Person County to complete the appropriate approvals and permits. Once constructed and equipped, RiverStreet projects an increase in the coverage area adjacent to Mt. Tirzah by at least 50%. The completion timeline is mid-2021. Mr. Shillito further noted they are taking data to determine where to build mini access points (60 ft. pole) that can service as few as 15-20 people. Mr. Coltrain stated they deal with a lot of counties across NC and VA and pleased with the progressive nature of Person County. Mr. Coltrain said RiverStreet brings on stakeholders that can ensure the successfulness of any project. RiverStreet has vetted a new business entity called the Rural Broadband Network, for which they are partners with state- wide Electric Association to use joined assets to reduce overall overhead costs to get to some of the hard to reach rural areas. He added several electric coops across the state have built fiber to their substations with Piedmont Electric being one of those. Currently they are in process of establishing a new WiFi Hotspot for students in conjunction with Piedmont Electric Membership Corporation located at 1125 Oxford Road, Roxboro. Mr. Coltrain stated this only presents greater opportunities for Person County as well as neighboring counties. County Manager, Heidi York reminded the group of the negotiations for a new contract with Republic Services included three monopoles to be installed on the landfill footprint to further provide access in the Mt. Tirzah area. She noted the state has approved the new permit for the landfill and the County is ready to begin the process for those monopoles. Mr. Shillito stated they would need the geo-locations and welcomed the opportunity to deploy equipment to reach more residents. Vice Chairman Powell stated support of closing the gap of fiber connectivity into Virginia for regional economic development opportunities to which Mr. Coltrain stated they would like to further discuss with the goal to connect the two networks for redundancy purposes. September 21, 2020 18 UPDATE TO THE COMPREHENSIVE LAND USE PLAN FOR PERSON COUNTY AND THE CITY OF ROXBORO: Planning Director, Lori Oakley stated earlier this year the County and the City started updating the Comprehensive Land Use Plan. Ms. Oakley introduced Mr. Jason Epley, President of Benchmark, the planning consultant who will provide an update on the progress made to date on the Comprehensive Land Use Plan to the Board of Commissioners for Person County and the City of Roxboro. Ms. Oakley said the Roxboro City Council received this same update a few weeks ago. Mr. Jason Epley stated the purpose of the Comprehensive Land Use Plan is to review the entire county jurisdiction including the City of Roxboro for land use, development, capital investment and gross management decisions. Mr. Epley noted the Plan will have a shared vision between the County and the City for planned growth with some overlap of strategies for both jurisdictions as well as tailored specifics for each entity. Mr. Epley shared the following presentation for his update: September 21, 2020 19 September 21, 2020 20 September 21, 2020 21 September 21, 2020 22 September 21, 2020 23 September 21, 2020 24 September 21, 2020 25 September 21, 2020 26 September 21, 2020 27 September 21, 2020 28 September 21, 2020 29 September 21, 2020 30 September 21, 2020 31 September 21, 2020 32 September 21, 2020 33 September 21, 2020 34 September 21, 2020 35 September 21, 2020 36 September 21, 2020 37 September 21, 2020 38 September 21, 2020 39 September 21, 2020 40 September 21, 2020 41 Mr. Epley announced the following upcoming panels are being planned:  Economic Development Panel with local speakers informing the group of economic development trends and misinformation, data input with a Q&A time held on October 27, 2020 held in the City Council Chambers,  Agricultural and Natural Resources Panel with farmers on November 19, 2020, and  Growth and Development Panel on December 1, 2020. Mr. Epley urged the group to visit the project web site and to watch video presentations. Vice Chairman Powell stated the committee is looking at a ten-year plan and beyond. REQUEST FOR SUPPORT OF THE TRIANGLE TRAILS INITIATIVE: Commissioner Clayton presented a Resolution of Support for the Triangle Trails Initiative to gage the interest of his fellow commissioners. Commissioner Clayton noted the initiative is led by Wake County Commissioner Sig Hutchinson and Chuck Flink, President/Owner of Greenways Incorporated that seeks to connect communities through a network of trails and greenways by using old railroad corridors to enhance quality of life activities, i.e., walking trails, biking trails. Commissioner Clayton further noted they are not asking for any financial contributions from any county but are fund raising from private sources as well as grant opportunities. Chairman Jeffers stated that he, Commissioner Clayton, Dr. Claudia Berryhill and others met with this group. He asked the Board if they were interested in hearing a presentation to the Board at a future meeting; following the presentation the Board can decide if a Resolution of Support is appropriate. Commissioner Clayton pointed out that a dedicated corridor such as this project may count toward a credit for storm water projects. Commissioner Sims stated interest in hearing a presentation on this topic. He added the railroads have grown over with trees and was interested in those being cleaned up for walking trails for an opportunity for citizens to use. It was the consensus of the Board to request a presentation at a future meeting. Commissioner Clayton requested staff input related to any affect with storm water rules and/or if eligible credits would apply. September 21, 2020 42 PROPOSED OPEN BURNING ORDINANCE: Keith Duncan, Person County Fire Marshal proposed an Open Burning Ordinance to the Board for consideration to adopt that would allow for enforcement of state laws and NC Fire Code for illegal burning as well as the ability to assess penalties for violations. Enforcement of such violations are authorized to the Fire Marshal and the Sheriff. Mr. Duncan stated he would only assess fines as a last resort as his intent was to educate the community. Mr. Duncan noted problems arising from open burning can and have caused damage in our county. Burning trash in a barrel is an example of an open burning that has been illegal since 1972. There have been times where out of control burning has damaged or destroyed property, structures, and caused injuries to citizens and firefighters. Chairman Jeffers added this was something he hears that is needed from the Volunteer Fire Chiefs as they use resources at fires that are started with an illegal burn. Commissioner Puryear asked how many complaints were made in the last year to which was unknown by Mr. Duncan as the new Fire Marshal in Person County. Chairman Jeffers stated Forestry is aware of illegal burning however, they have no power to enforce. When asked about burn permits, Mr. Duncan said Forestry follows state guidelines to issue burn permits noting illegal burn materials should be disposed of in the landfill. Commissioner Puryear asked if this ordinance was necessary noting he had not received any complaints. A motion was made by Commissioner Clayton and failed 2-3 to adopt an Open Burning Ordinance. Commissioner Clayton and Chairman Jeffers voted in favor of the motion. Vice Chairman Powell and Commissioners Puryear and Sims voted against the motion. September 21, 2020 43 SUBMISSION OF LEGISLATIVE GOALS FOR NC ASSOCIATION OF COUNTY COMMISSIONERS: County Manager, Heidi York stated every two years, counties are invited to submit proposals to the North Carolina Association of County Commissioners (NCACC) for legislative goals that the Association should seek in the best interest of all 100 counties. The NCACC goals-setting process begins in August of each even-numbered year and consists of five stages, beginning with the solicitation of proposals from counties, and ending with the adoption of the legislative agenda at the Legislative Goals Conference. Ms. York noted proposed goals for the 2021-2022 legislative session must be received by the Association on or before September 30th. The proposals are then sent through steering committees, a legislative goals committee and onto the NCACC Board of Directors before being adopted in January at the Legislative Goals Conference. Ms. York asked the Board if there are any specific legislative goals desired for submission to the NCACC noting Person County, in the past, submitted goals for increased broadband access, which was adopted by the NCACC as a top priority. Chairman Jeffers stated the Association’s top priority has been and continues to be broadband for all 100 counties; he said Person County is often highlighted for its efforts towards increasing access to broadband. Vice Chairman Powell stated support to submit a goal that rewards counties, such as Person County who has invested independently without state funding in broadband to receive priority in grant funding. County Attorney, Ron Aycock said he was a member of an ad hoc subcommittee working with the telecommunications industry in proposing legislation that could be agreed upon by all parties to advance the access of broadband. Commissioner Puryear stated support to submit a local bill as well as a legislative goal for the ability to post public notices electronically. September 21, 2020 44 CONSIDERATION TO CANCEL THE OCTOBER 19, 2020 REGULAR SCHEDULED BOARD MEETING: County Manager, Heidi York requested the Board’s consideration to cancel its regular scheduled meeting on October 19, 2020 due to the Person County Office Building Auditorium is a One-Stop Early Voting site from October 15-31, 2020. Ms. York stated the Auditorium was not available for the Board of Commissioners to conduct its regular scheduled meeting. A motion was made by Vice Chairman Powell and carried 5-0 to cancel the Board regular scheduled meeting on October 19, 2020. APPOINTMENTS TO BOARDS AND COMMITTEES: Clerk to the Board, Brenda Reaves presented interested citizen applications to the Board for consideration of appointment as deemed appropriate on the following boards, commissions, authorities, and committees. The Person County Board of Commissioners solicited volunteers to fill positions on the following boards, commissions, authorities, and committees through advertisement in the Courier-Times edition dated August 27, 2020 with notice to submit applications by the deadline of noon September 15, 2020. - Economic Development Commission Unexpired Term to 6/30/22; 1 position available for a citizen 1) Elizabeth Bradsher requested appointment 2) Larry Cole requested appointment 3) Michael Wilkins requested appointment 4) David Ziolkowski requested appointment A motion was made by Commissioner Sims and carried 5-0 to schedule the informal interview process with the applicants of the Economic Development Commission on October 5, 2020 starting at 6:30pm. September 21, 2020 45 - Juvenile Crime Prevention Council 1-Year Initial Term: 2-Year Reappointment 1 position available for a citizen under the age of 18 serving on the State Youth Council – no applications Up to 4 positions for citizens at-large Vaxaeadrene A. Allen requested appointment for a 2-year term 1 unexpired citizen at-large term to 6/30/21, Neya Garcia (student) requested appointment Madison Daly (Health Dept. designee) requested appointment replacing Chiletta Collins who is no longer with the Health Dept. for an unexpired term to 6/30/21 Laura Jensen (County Manager’s designee) for a 2-year term 1 position for a representative of United Way Kelly Foti requested reappointment for a 2-year term A motion was made by Chairman Jeffers and carried 5-0 to appoint Vaxaeadrene A. Allen (citizen representative) for a 2-year term, Neya Garcia to fulfill an unexpired citizen representative term to June 30, 2021, Madison Daly (Health Dept. designee) to fulfill an unexpired term to June 30, 2021, Laura Jensen (County Manager’s designee) for a 2-year term, and Kelly Foti (United Way representative) for a 2-year term to the Juvenile Crime Prevention Council. - Piedmont Community College Board of Trustees 4-Year Term: 1 position available Joel B. Adler requested appointment A motion was made by Commissioner Sims and carried 5-0 to appoint Joel Adler to the Piedmont Community College Board of Trustees for a 4-year term. - Transportation Advisory Board 3-Year Term; 1 position for a citizen at-large Froncello Bumpass requested appointment A motion was made by Vice Chairman Powell and carried 5-0 to appoint Froncello Bumpass to the Transportation Advisory Board for a 3-year term. September 21, 2020 46 SEVENTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR CONTINUED DEVELOPMENT, USE AND OPERATION OF THE UPPER PIEDMONT REGIONAL LANDFILL: County Manager, Heidi York presented to the Board a Seventh Amendment to the Agreement with Republic Services of North Carolina, LLC for Continued Development, Use and Operation of the Upper Piedmont Regional Landfill, which continues and extends the Agreement through November 30, 2020. Ms. York announced that Republic has secured the necessary state approval for their new permit with the agreed upon provisions in their new contract, however, there is a 60-day period from September 3, 2020 for appeals. There is no indication that there will be an appeal, but this Amendment will allow for that contingency. Ms. York stated the new contract will then take effect on December 1, 2020 at which time the provisions will go into effect for county residents to dump for free at the landfill as well as a county-wide anti-littering initiative. A motion was made by Commissioner Puryear and carried 5-0 to adopt the Seventh Amendment to the Amended and Restated Agreement for Continued Development, Use and Operation of the Upper Piedmont Regional Land, which will extend the current Agreement through November 30, 2020. September 21, 2020 47 September 21, 2020 48 September 21, 2020 49 September 21, 2020 50 September 21, 2020 51 September 21, 2020 52 CHAIRMAN’S REPORT: Chairman Jeffers had no report. MANAGER’S REPORT: County Manager, Heidi York announced an Economic Development Commission (EDC) meeting on September 22, 2020 at 4:00pm in the Person County Office Building Auditorium to allow social distancing. COMMISSIONER REPORT/COMMENTS: There were no reports from Commissioners Powell, Clayton, Puryear and Sims. RECESS: A motion was made by Commissioner Sims and carried 5-0 to recess the meeting at 10:26am until October 5, 2020 at 6:30pm. _____________________________ ______________________________ Brenda B. Reaves B. Ray Jeffers Clerk to the Board Chairman