09-23-2019 Meeting Minutes BOC
September 23, 2019
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PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 23, 2019
MEMBERS PRESENT OTHERS PRESENT
David B. Newell, Sr. Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, September 23, 2019 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Newell called the meeting to order and asked for a moment of silence in
memoriam for the passing of former Commissioner Samuel Kennington’s son.
Commissioner Powell offered an invocation and Commissioner Puryear led the group in
the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
agenda.
RECOGNITION:
RESOLUTION OF APPRECIATION FOR COUNTY RETIREE DEBRA DUNN-
WILKINS:
Chairman Newell read and presented a Resolution of Appreciation to Person
County Retiree, Debra Dunn-Wilkins.
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INFORMAL COMMENTS:
There were no comments from the public.
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. Approval of Minutes of September 9, 2019,
B. Budget Amendment #6, and
C. Budget Amendment Purchase Carryforwards
NEW BUSINESS:
PROPOSED FOURTH AMENDMENT SOLID WASTE CONTRACT WITH
REPUBLIC SERVICES:
County Attorney, Ron Aycock presented to the Board a proposed Fourth
Amendment to the County’s existing landfill contract with Republic Services. It
incorporates all of the changes negotiated by the County. Mr. Aycock explained the
original contract continues, subject to the changes contained in this amendment. The
agreed points are as follows:
Republic Services will provide an annual contribution of $100,000 to the County
for community development projects in collaboration with Republic, to benefit the
County and to highlight the partnership between the County and Republic.
Five-year extension of the term of the host agreement beyond the current expiration
date.
Fixed host fee of $2.75 for all municipal solid waste tonnage on which Republic
receives a tipping fee.
Republic Services will provide a $5,000 annual allowance for “free disposal” for
residents who drop off waste at the Landfill.
An easement for wireless monopoles and a one-time contribution of $30,000 for
the County’s broadband project.
Increase of Republic’s annual appropriation for litter management on local
highways to $24,000.
Republic will continue to contribute $25,000 for recycling support to the County.
Increase of the average maximum annual disposal rate to 780,000 tons per year.
Mr. Aycock said the Fourth Amendment provides that it will go into effect when
Republic receives the necessary approvals, certifications and enactments from the County
and also receives all of the necessary permits and approvals from the State of North
Carolina. The approvals, certifications and enactments from the County are three-fold:
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1- The approval of and execution of the Fourth Amendment;
2- Certification by the County that the site meets all the County planning rules (It does
so meet those rules since it is the very same site where the landfill is located);
3- The enactment of a Solid Waste Disposal Franchise Ordinance consistent with the
agreement. State law requires a public hearing on the above noted franchise after
a 30-day public notice, and adoption of the said ordinance at the second of two
regular board meetings. In order to comply with the 30-day notice requirement, the
earliest date the public hearing and first vote could be scheduled is at the November
4, 2019 Board meeting, with a final vote at the November 18, 2019 Board meeting.
Mr. Aycock noted the State of North Carolina must issue a permit for the operations
as agreed to. It is unclear whether the State will require an additional site study. The
County may be required to convene a public meeting on the state action at a later time.
Mr. Aycock provided staff recommendation to:
1- Approve the Fourth Amendment and authorize its execution.
2- Authorize county staff to execute any additional documents necessary to
proceed based on Board action including but not limited to provision of the
necessary planning certifications.
3- Set a public hearing for the Board’s November 4, 2019 meeting to hear public
comments on a Solid Waste Disposal Franchise Ordinance to effectuate the
Fourth Agreement, and to conduct the first vote on the Franchise Ordinance.
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
Fourth Amendment and authorize its execution, to authorize county staff to execute any
additional documents necessary to proceed including but not limited to provision of the
necessary planning certifications, and to set a public hearing for the Board’s November 4,
2019 meeting to hear public comments on a Solid Waste Disposal Franchise Ordinance.
Commissioner Powell advocated for any new revenue to be earmarked for
Education and Economic Development.
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RESOLUTION DECLARING TWO STRANDS OF FIBER SURPLUS PROPERTY
AND AUTHORIZING LEASE OF TWO STRANDS OF FIBER:
Information Technology Director, Chris Puryear presented a request the County
has received for the lease for two (2) strands of dark fiber to NC Wireless/RiverStreet
(GREAT Grant recipient). Mr. Puryear noted that NC Wireless has deployed broadband
service in remote areas of Person County the last two years and received positive feedback
from customers. Person County has invested approximately $250,000 in assisting NC
Wireless deploy broadband service off the Mt. Tirzah, Bethel Hill, Bushy Fork and
Woodland Towers. In addition, in May 2019, NC Wireless secured $560,000 in State
funding to expand its service in Person County to certain underserved areas.
Mr. Puryear stated the proposal was as follows:
20-year lease for an indefeasible right of use of two (2) strands of dark fiber,
$750 per strand mile (one-time), and
$175 per linear mile annual maintenance
The proposal represented a lease fee of $78,000 paid at the lease signing and then
an annual maintenance fee of $9,100 for the first five (5) years of the lease.
Per NCGS 160A-272 (a1): Property may be rented or leased only pursuant to a
resolution of the council authorizing the execution of the lease or rental agreement adopted
at a regular council meeting upon 30 days' public notice. Notice shall be given by
publication describing the property to be leased or rented, stating the annual rental or lease
payments, and announcing the council's intent to authorize the lease or rental at its next
regular meeting.
Mr. Puryear said staff recommended the Board to accept this offer and to adopt a
Resolution Declaring Two (2) Strands of Fiber Surplus Property and Authorizing Lease of
Two (2) Strands of Fiber with NC Wireless/RiverStreet thereby advertising the intent to
enter into a lease agreement per NCGS 160A-272 (a1) upon approval at the Board of
Commissioners’ meeting on November 4, 2019.
A motion was made by Commissioner Clayton and carried 5-0 to adopt a
Resolution Declaring Two (2) Strands of Fiber Surplus Property and Authorizing Lease of
Two (2) Strands of Fiber with NC Wireless/RiverStreet and to direct staff to advertise the
County’s intent to enter into a lease agreement.
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ACTION TO RELOCATE THE BOARD OF COMMISSIONERS’ NOVEMBER 4,
2019 REGULARLY SCHEDULE MEETING TO THE COUNTY OFFICE
BUILDING AUDITORIUM:
Chairman Newell requested the Board’s consideration to add to the agenda to
relocate the Board’s regularly scheduled meeting on November 4, 2019 to be held in the
County Office Building Auditorium.
A motion was made by Chairman Newell and carried 5-0 to relocate the Board’s
regularly scheduled meeting on November 4, 2019 to be held in the County Office Building
Auditorium.
COMPREHENSIVE LAND USE PLAN STEERING COMMITTEE
APPOINTMENTS:
Planning Director, Lori Oakley stated the Land Use Plan Steering Committee is a
joint partnership for the county and city to update its Land Use Plan that is approximately
20 years old. Ms. Oakley said the Request for Proposals (RFP) to hire a consultant for the
project was released on September 6, 2019 and staff anticipated presenting those proposals
to the Board at one of the November board meetings.
Ms. Oakley said as a part of the process for updating the Land Use Plan, the county
and city planning staff recommended each jurisdiction to establish a joint Land Use Plan
Steering Committee to be comprised of ten (10) appointed individuals (5 from the city and
5 from the county). Of those five individuals for each jurisdiction, three will be citizen
representatives, one representative will be from the governing body and one representative
will be from each jurisdictions’ Planning Board.
Ms. Oakley noted an ad was published in the local newspaper on Aug. 17 and 21
soliciting interested citizens to serve on the committee; the ad was also posted to the
County’s Facebook page on Aug. 21 and to the City’s Facebook page on Aug. 22 as well
as the County’s webpage on Aug. 23.
Ms. Oakley reported that the County received seven applications and the City
received one application by the advertised deadline on Aug. 26.
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Interested citizen applications received to represent the County were:
(1) Margaret Bradsher (city resident) (Ms. Oakley noted staff recommendation was
to allow the City of Roxboro to nominate and appoint Ms. Bradsher),
(2) Glen Brent,
(3) Lacy Winstead, Jr., (Ms. Oakley stated Mr. Winstead withdrew his application
from consideration),
(4) Bruce Whitfield, (Ms. Oakley stated Mr. Whitfield withdrew his application from
consideration),
(5) Phillip Reams,
(6) James (Jamie) Daniel, II,
(7) C. Bernard Obie,
(8) Barry Foushee (Ms. Oakley stated Mr. Foushee’s application was received after
the advertised deadline).
Ms. Oakley noted that since each jurisdiction was looking to fill three (3) citizen
seats, the City chose to extend their deadline through the month of September to recruit for
the two remaining committee members.
Ms. Oakley said staff asked the Planning Board members at their August 8, 2019
Planning Board meeting who would be interested in serving on the Land Use Plan Steering
Committee. Robert Allen was the only Planning Board member who requested to be
appointed to the committee.
Lastly, Ms. Oakley requested that one Commissioner be appointed to serve on the
committee as well.
Ms. Oakley requested the Board to nominate and appoint three citizens from the
interested citizen applications, appoint Robert Allen as the Planning Board representative
and one Commissioner to serve on the Land Use Plan Steering Committee.
Chairman Newell made a motion to re-advertise to correlate with the City’s
deadline which he later withdrew prior to consideration.
A motion was made by Vice Chairman Jeffers and carried 5-0 to appoint C.
Bernard Obie to the Comprehensive Land Use Plan Steering Committee.
A motion was made by Commissioner Clayton and carried 5-0 to appoint Barry
Foushee to the Comprehensive Land Use Plan Steering Committee.
A motion was made by Commissioner Puryear and carried 5-0 to appoint James
Daniel, II to the Comprehensive Land Use Plan Steering Committee.
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A motion was made by Chairman Newell and carried 5-0 to appoint Robert Allen,
Planning Board representative to the Comprehensive Land Use Plan Steering Committee.
A motion was made by Commissioner Puryear and carried 5-0 to appoint
Commissioner Powell to serve on the Comprehensive Land Use Plan Steering Committee.
ANIMAL ADVISORY COMMITTEE APPOINTMENTS:
Clerk to the Board, Brenda Reaves presented the following for consideration of
appointment noting the Animal Advisory Committee has an unspecified term.
Deputy Heath Gill will replace Deputy Ben Massey as the Sheriff’s Department
representative.
Cathy Williams (citizen-at-large representative) resigned from the Animal
Advisory Committee in August and after advertisement on the county website the
following two citizens expressed interest to serve:
1) Cynthia Martin
2) Patti Byrd
A motion was made by Commissioner Puryear and carried 5-0 to appoint Deputy
Health Gill to serve as the Sheriff’s Department representative, and to appoint Cynthia
Martin as the citizen-at-large representative.
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CHAIRMAN’S REPORT:
Chairman Newell had no report.
MANAGER’S REPORT:
County Manager, Heidi York reported that she would be on conference call later
this date with the YMCA’s representative to discuss the County engaging with a consultant
to complete a feasibility study.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Jeffers commented that he desired to call-in for the Board’s October
7, 2019 regular scheduled meeting as he would be out of town.
Commissioner Clayton commented that he desired to call-in for the Board’s
October 21, 2019 regular scheduled meeting as he would be out of town.
There were no reports from Commissioners Puryear and Powell.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 9:27am.
_____________________________ ______________________________
Brenda B. Reaves David B. Newell, Sr.
Clerk to the Board Chairman