11-04-2019 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
November 4, 2019
7:00pm
(Meeting to be held in the County Office Building Auditorium)
CALL TO ORDER………………………………………………….. Chairman Newell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
PUBLIC HEARING:
ITEM #1
Application for Solid Waste Disposal Franchise
Ordinance for the Upper Piedmont Regional Landfill
Owned and operated by Republic Services of NC LLC…………… Chairman Newell
ITEM #2
First Reading to Consider Adoption of the Application for
Solid Waste Disposal Franchise Ordinance for the Upper
Piedmont Regional Landfill owned and operated by
Republic Services of NC LLC ………………………………………. Chairman Newell
PUBLIC HEARING:
ITEM #3
Request to Change the name of Foxwood Drive to Forest Drive
in the database of roadway names used for E-911 dispatching ………. Sallie Vaughn
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ITEM #4
Consideration to Grant or Deny the Request to Change the name
of Foxwood Drive to Forest Drive in the database of roadway
names used for E-911 dispatching …………………………………. Chairman Newell
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 #5
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.Approval of Minutes of October 21, 2019,
B.Budget Amendment #9,
C.Application NC Education Lottery Funds to Replace Interior Cameras at
Person High School at estimated costs $49,500,
D.Application NC Education Lottery Funds to Repair Stairwell and Landing at
Person High School at estimated costs $45,000,
E.Application NC Education Lottery Funds to Replace Room Divider in the
Multipurpose Room at South Elementary at estimated costs $35,000, and
F.Home & Community Care Block Grant Final Funding Report for FY2019
UNFINISHED BUSINESS:
ITEM #6
A Resolution Authorizing Support For & Recognition of the
Efforts to Secure and Rebuild Adequate Fire Protection in the
Woodsdale Community …………………………………………………… Ron Aycock
NEW BUSINESS:
ITEM #7
Authorization to Execute a 20-year Lease of Two Strands of
Surplus Dark Fiber ……………………………………………………... Chris Puryear
ITEM #8
Appointments to fulfill vacancies on the Juvenile Crime
Prevention Council and Recreation Advisory Board ………………… Brenda Reaves
ITEM #9
Schedule a Board Meeting on December 16, 2019 to discuss a
Trails and Greenways Initiative with Wake County
Commissioner Sig Hutchinson ……………………………….. Commissioner Clayton
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.
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PUBLIC NOTICE
The Person County Board of Commissioners, by action at its meeting on
September 23, 2019 has changed the location of its November 4, 2019, 7:00pm
regular scheduled meeting to now be convened in the County Office Building
Auditorium.
Brenda B. Reaves, NCMCC, MMC
Clerk to the Board
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PPAB 3565711v1
NOTICE OF PUBLIC HEARING
(Appear as legal ad)
PUBLIC HEARING REGARDING APPLICATION FOR
SOLID WASTE DISPOSAL FRANCHISE ORDINANCE,
PERSON COUNTY, NORTH CAROLINA
This is to notify the public that on November 4, 2019, at 7:00 p.m., the Person
County Board of Commissioners (“Board”) will conduct a public hearing
regarding a solid waste disposal franchise ordinance for the Upper Piedmont
Regional Landfill in Person County (“Landfill”) owned and operated by Republic
Services of North Carolina, LLC d.b.a. Upper Piedmont Regional Landfill. The
Landfill is located at 9650 Oxford Road, Rougemont, North Carolina 27572.
In summary, all the information required to be in the franchise ordinance is
governed by N.C.G.S. § 130A-294(b1)(2)(a)-(f) and includes: (a) a statement of
the population to be served, including a description of the geographic area; (b) a
description of the volume and characteristics of the waste stream; (c) a projection
of the useful life of the sanitary landfill; (d) an explanation of the franchise’s
consistency with the County solid waste management plan; (e) the procedures for
County oversight and regulation of fees and rates; and (f) a facility plan with
details of the physical characteristics of the landfill. The application for the
franchise ordinance contains this information and the application is available for
public review at the two addresses below.
The procedures for the public hearing will be that the Board will open the public
hearing, provide opening comments and instructions, and entertain comments from
the public. The Board will not respond to questions from the public. Individuals
interested in appearing before the Board to present comments shall sign up with the
Clerk to the Board prior to the public hearing.
A copy of the application for the solid waste disposal franchise ordinance is
available to the public for review at the Person County Manager’s Office located at
304 South Morgan Street, Room 212, Roxboro, North Carolina 27573 and the
Person County Public Library located at 319 South Main Street, Roxboro, North
Carolina 27573.
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PPAB 3565711v1
The Board’s public hearing on the franchise ordinance will take place on
November 4, 2019, at 7:00 p.m. in the County Office Building Auditorium located
at 304 South Morgan Street, Roxboro, North Carolina 27573.
Attendees who check in with the Clerk to the Board immediately before the public
hearing will have the opportunity to present comments at the hearing. Depending
on the number of individuals who wish to present comments, the Board may limit
the time for each individual to present comments. Individuals requiring special
accommodations should contact the Clerk to the Board in advance of the hearing at
(336) 597-1720. Written public comments may be submitted to the Clerk to the
Board at the public hearing and prior to the hearing at the following address:
Brenda B. Reaves
Clerk to the Board of Commissioners
Person County
304 S. Morgan Street, Room 212
Roxboro, North Carolina 27573
breaves@personcountync.gov
If the Board views the application favorably and votes to adopt the proposed
franchise ordinance at its regularly scheduled meeting on November 4, 2019, the
Board may conduct a second vote and adopt the proposed franchise at its regularly
scheduled meeting on November 18, 2019.
To Be Published on September 25, 2019.
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NOTICE OF PUBLIC HEARING
The Person County Board of Commissioners will hold a public hearing on Monday, November 4,
2019 at 7:00 p.m. in Auditorium of the Person County Office Building 304 S Morgan Street,
Roxboro, North Carolina to hear the following:
1.Request by the Person County Address Coordinator to change the name of Foxwood Dr.
to Forest Dr. in the database of roadway names used for E‐911 dispatching. The
roadway is in the Foxcroft Subdivision located off Cates Mill Rd in Flat River Township.
Article IV, Section 402 H of the Ordinance Regulating Address and Road Naming in
Person County requires any private roadway serving three or more homes to be
officially named.
Citizens will have an opportunity to speak regarding the above request. Specific information
about the request can be obtained from the Person County GIS Department at 336‐597‐2242 or
by visiting our office at 325 S Morgan St, Suite D, Roxboro, NC 27573.
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AGENDA ABSTRACT
Meeting Date: November 4, 2019
Agenda Title: Public Hearing Request to Change the name of Foxwood Dr to Forest Dr
Summary Information: Due to issues with emergency response, mail delivery, and package
delivery, a majority of residents have agreed to change the name of their private road from Foxwood
Dr to Forest Dr.
Background Information:
The Timberlake Volunteer Fire
Department brought forward
emergency response issues in this
subdivision. During a visit to each
home by GIS staff and TVFD
leadership, residents confirmed
emergency response, mail, and
package delivery issues due to a
nearly identical road name within the
same subdivision. To mitigate these
issues, it was determined that the
road name should be completely
changed.
Six homeowners would be affected by changing the name of this private road. One homeowner, on
the corner of Foxwood Dr and Foxcroft Dr, preferred to change their address to Foxcroft Dr, where
their mailbox and driveway are. Of the remaining 5 homeowners, 4 (80%) returned forms listing
Forest Dr as their preferred road name, which exceeds the 75% percent consensus required by the
Ordinance Regulating Addressing and Road Naming. One homeowner did not return the required
forms despite repeated attempts but verbally confirmed his agreement with a neighbor.
Changing this road name requires five residences to change their addresses. Property owners were
made aware during the in-person visit, will be instructed again via certified mail, and will have one
year to incorporate their new address. Both the old addresses (Foxwood Dr) and new addresses
(Forest Dr) will be active in the 911 system during that time.
As required by North Carolina General Statute 153A-239.1(A), a public hearing notice was published
in the Roxboro Courier-Times. A sign advertising the public hearing was placed at the proposed
roadway location approximately two weeks prior to this public hearing.
Recommended Action: Motion to approve the recommended change of road name.
Submitted By: Sallie Vaughn, GIS Manager
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October 21, 2019
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 21, 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, October 21, 2019 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Newell called the meeting to order. Commissioner Powell offered an
invocation. Chairman Newell asked the Emergency Services Director, Doug Young to
lead the group in the Pledge of Allegiance. Commissioner Clayton was present via
telephone conference call.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
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 October 7, 2019,
B.Budget Amendment # 8
C.Person Area Transportation System Request to Approve Updated Policies:
a.Public Transportation System Safety,
b.Continuity of Operations Plan,
D.Tax Adjustments for October 2019,
a.Tax Releases
b.NC Vehicle Tax System pending refunds
E.Consideration of Approval of Late Exemption Applications
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NEW BUSINESS:
2020 CENSUS PARTNERSHIP RESOLUTION AND APPROPRIATION OF
FUNDS TO SUPPORT AN ACCURATE POPULATION COUNT:
Sallie Vaughn, GIS Manager and Lori Oakley, Planning Director appeared before
the Board as Complete County Committee Co-Chairs for Person County 2020 Census
efforts. Ms. Vaughn and Ms. Oakley presented a 2020 Census Partnership Resolution for
consideration and shared the following presentation with the group:
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Ms. Vaughn stated in order to increase the likelihood of an accurate Census count
in Person County, a Complete Count Committee has been formed. In partnership with
federal, state, and regional agencies, the Committee has developed a public awareness
campaign to:
1.Connect interested citizens with employment opportunities with the Census,
2.Utilize local knowledge, influence, and resources to educate Personians about
the Census,
3.Promote the Census through locally based, targeted outreach efforts,
4.Connect Personians with the tools they need to complete their Census forms.
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Ms. Vaughn noted the goal of the Committee was to meet or exceed the 82%
response rate obtained during the 2010 Census. To achieve this success, a multifaceted
public education campaign was developed to engage Personians by utilizing existing
media and advertising channels, as well as develop new ways of reaching people within
the County. In order to do so, Ms. Vaughn requested Board consideration to transfer
$12,000 from undesignated contingency funds to the Governing Body budget to be used
to advertise in the newspaper, through social media, on the radio, and on PATS vehicles
as well as produce printed materials, signs, and banners. Funding may also be used to hold
community meetings and provide assistance in filling out Census forms.
Ms. Vaughn requested the Board to approve the 2020 Census Partnership
Resolution of support and a transfer of $12,000 from undesignated contingency funds to
the Governing Body for census related costs.
Commissioner Powell stated his appreciation for staff efforts noting the important
financial impact to Person County; he opined the biggest impact may be with health care.
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the 2020
Census Partnership Resolution of support and a transfer of $12,000 from undesignated
contingency funds to the Governing Body for census related costs.
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A RESOLUTION AUTHORIZING SUPPORT FOR & RECOGNITION OF THE
EFFORTS TO SECURE AND REBUILD ADEQUATE FIRE PROTECTION IN
THE WOODSDALE COMMUNITY:
County Manager, Heidi York stated the County Attorney would provide the Board
with an update as well as present a Resolution Authorizing Support and Recognition of the
Efforts to Secure and Rebuild adequate Fire Protection in the Woodsdale community for
Board consideration.
Ron Aycock, County Attorney reminded the Board that Person County was notified
on August 9, 2019 by the Office of State Fire Marshal, of Woodsdale Volunteer Fire
Department’s failure of inspection for a 9s rating and decertification of the department as
of October 8, 2019 unless an appeal was formally filed. Based on an appeal formally filed,
the 9s rating would remain in place until such time the appeal was determined by the State.
Mr. Aycock noted an appeal has been formally filed, and, in fact, has actually been
filed two times. The Woodsdale Volunteer Fire Department (WVFD) retained legal
counsel (Raleigh Law Firm) for the purpose of only filing a timely appeal to the State. This
appeal suspends the decertification process until the appeal is ruled on by the State.
Mr. Aycock stated a resident of the community, Mr. Woody Jacobs coordinated a
properly noticed community meeting of the members of WVFD, a non-profit corporation
operated through its corporate charter and bylaws that specify the procedures necessary to
change things. On October 3, 2019, a community meeting was held in Woodsdale with
more than 80 community members in attendance. At this meeting, the group designated
Mr. Woody Jacobs as a temporary presiding officer, voted unanimously to dismiss the
existing board of directors and officers the WVFD, and took action to elect a slate of 12
new board members and officers. Mr. Aycock opined that the old board of WVFD has no
further authority with the new board having full authority to operate the corporation.
Mr. Aycock said the new board met on October 6th and elected officers, appointed
a fire chief, and also filed an appeal with the State contesting the decertification. Person
County Emergency Services Director has been in attendance at these meetings and reported
that the new board desired recognition and support to resolve the current situation of the
WVFD.
Mr. Aycock presented to the Board a Resolution Authorizing Support for and
Recognition of the Efforts to Secure and Rebuild Adequate Fire Protection in the
Woodsdale Community which offers recognition and support to the new board of the
WVFD and would authorize the following:
1. Recognize the new board of the WVFD as the official governing board for
the WVFD, Inc.,
2. Authorize the county staff and attorney to be able to provide assistance to
this new board during this transition of the WVFD; and.
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3. Authorize a contract amendment with WVFD where some county funding
could be dispersed per individual invoice for payment as needed and
coordinated through the County’s Emergency Services Director, so long as
the board is making progress on alleviating the current contract
requirements and having fire services available in the community.
Mr. Aycock noted the new board would have the authority to secure funds in the
WVFD bank account(s), and if not sufficient funds, and a payment for a piece of equipment
was due, i.e. a lien and/or a mortgage on fire equipment, they could request funds from the
County to keep equipment ready for operation.
Vice Chairman Jeffers suggested adding wording to the presented Resolution for
the seventh whereas statement to read as follows:
“Whereas, a community meeting of members of the WVFD was convened on
October 3, 2019 with more than 80 community members in attendance and the
community members voted unanimously to dismiss the existing board of WVFD
and elect 12 new board members pursuant to the Constitution and Bylaws of the
organization; and”
Commissioner Puryear asked Mr. Aycock if the new board would continue to use
the same law firm as retained by the old board for the appeal to which Mr. Aycock stated
he did not represent neither new or old board, and that would be a question for the new
board to determine.
Mr. John Link, President of the WVFD Board of Directors, present in the audience
requested Board permission to address the Commissioners to which was granted. Mr. Link
referred to himself as elected President of the Woodsdale Fire District Citizens Committee;
he did not consider themselves as the new board as they have not yet been recognized by
the County. Mr. Link stated he had a notarized Notice to the Person County
Commissioners from himself, President of the Citizens’ Committee in reference to the
proposed Board of Directors, dated October 21, 2019. He read as follows:
“I, John Link, as duly elected President of the Woodsdale Fire District Citizens
Committee do, at this time respectively decline the Person County Commissioners’ offer,
nomination, recommendation, or by motion, to become the Woodsdale Fire Department
Board of Directors. Signed, by himself, John Link, President.”
Mr. Link stated should the Board of Commissioners want to hear the reasons for
his statement, he would be glad to advise but he did not know if the citizens had enough
information and needed to have more time to discuss further. Mr. Link asked the Board of
Commissioners to delay the process.
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Chairman Newell asked Mr. Link to confirm that he was not ready to take over the
old board to which he affirmed.
Chairman Newell stated his priority was to maintain the 9s fire rating and to provide
viable fire protection to the citizens in the meantime while the WVFD was in transition; he
noted the judgment on the appeal could take two weeks to two months.
Mr. Link stated he has been in continuous communication with members of the old
board and, on Saturday, October 17, 2019, he along with four members of the new
committee met with members of the old board to reach a mutual agreement to work
together to continue to provide services for its community.
Vice Chairman Jeffers asked Mr. Link when he met with the members from the old
board, did he find out how much money was in the bank to which he said he did not ask
that question.
Mr. Link stated the Fire District Committee has a meeting scheduled for 6:30pm on
October 22, 2019; he asked the Board for more time for their groups to meet.
Chairman Newell asked Mr. Link if they held an official meeting to which Mr. Link
stated it was not an official board meeting.
Vice Chairman Jeffers asked Mr. Link if the former board members were
considered members of the community according to the Bylaws, i.e., own land or live in
the district to which Mr. Link deferred the question to Mr. Ronnie Womack, former WFVD
President. Mr. Womack stated the answer was yes. Mr. Womack stated they had changed
the Bylaws.
Vice Chairman Jeffers asked Mr. Link if what he presented was from the meeting
of October 3, 2019 or from the meeting on October 17, 2019; Mr. Link did not answer the
question. Mr. Womack joined Mr. Link at the podium and said the old board/new board
are not against each other noting what was achieved by them was what he was trying to
accomplish to have the community to come out and be a part of the WVFD. Mr. Womack
stated he was ready to hand over the WVFD to Mr. Link without legalities or hearsay. Mr.
Womack said they were working together to transition to do it the right way.
Mr. Womack stated there was little to no funding due to the County not giving them
any money. Ms. York stated no funding has been appropriated to the WVFD for Fiscal
Year 2020 due to contract violations; she noted there was disbursements of funds to WVFD
in late May 2019.
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Commissioner Puryear asked Mr. Aycock if Mr. Link was the authorized President
of the corporation to which Mr. Aycock said he was not at the WVFD meeting but noted
the EMS Director was present at the WVFD meeting and Mr. Jacobs, who coordinated the
community building was present at the WVFD meeting. Mr. Aycock said his understanding
was Mr. Link and 11 others were elected as board members at that community meeting.
Subsequent thereto, there was a meeting of the board of directors whereby they elected
their own officers; Mr. Aycock said Mr. Link was elected President; Ms. Laurie Dunn was
elected Vice President, Mr. Paul Bailey was elected Treasurer and Ms. Judy Vickers was
elected Secretary. Mr. Aycock stated he did not know nor has he seen any amendment to
the Bylaws. In fact, Mr. Aycock said that when he spoke with the attorney that was retained
by the old WVFD board of directors regarding the appeal, it appeared to him that they were
working from the same set of Bylaws as the County had presented. Mr. Aycock stated if
the old board does not object to the new board’s leadership, he was not sure what the
controversy was.
Commissioner Puryear asked Mr. Link if he had consulted or had an official
meeting with the new board to authorize him to come before the Board of Commissioners
to present his request at the meeting today to which Mr. Link stated no and that it was his
personal stance on it right now. Commissioner Puryear asked Mr. Link if the new board
members knew that he was at the Commissioner’s meeting this date, on behalf of the
corporation to which Mr. Link said they do not know about it.
Chairman Newell asked the audience if anyone else desired to speak on this issue.
Mr. Larry Wilson, a member of the new WVFD board and a member of the Bethel Hill
community stated appreciation of Mr. Young attending the meeting noting it was a very
positive meeting. Mr. Wilson stated there was not a hostile takeover and they all did not
know what to do to get the fire department back up and running; he noted the WVFD needs
the support of the community as they have not had any fundraisers nor donations for about
four years. Mr. Wilson stated support of the old board members was needed to transition
smoothly noting new board members did not know what kind of equipment was there or
what type of loans they had in place.
Chairman Newell stated WVFD did not have a structured organization for the
County to send any funds to nor anyone to contract with. Mr. Womack stated the WVFD
has not missed any calls. Chairman Newell reminded him that according to the Bylaws,
and by state requirements, there were not enough members to stay in business. Mr.
Womack said the WVFD had enough for one fire department but not for two fire
departments. Mr. Womack said the County bypassed the old board to receive the new
board without notification to them. Chairman Newell and staff disagreed noting the
County has been in communication for quite a while. Mr. Womack stated they wanted to
give the new board 14 active fire fighters plus the ones they have when they come in; Mr.
Womack said if they take over now they won’t have any certified fire fighters nor anyone
that can operate the fire trucks.
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Mr. Aycock stated there were two issues: 1) the governance of the corporation; he
added the corporation continues in existence regardless who governs it, and 2) the
corporation, through its community, through proper procedures, adopted a new board of
directors. Mr. Aycock said the County deals with the governing authority, i.e. the new
board of directors.
Mr. Aycock stated if the Board of Commissioners adopts the resolution before
them, it does not upset any relationships between members of the community deemed as
the old board or the new board, but recognizes the governance authority and its willingness
to work together for a solution to provide emergency services to the community and
maintain the 9s fire rating. Mr. Aycock stated there has been statements of no animosity
and that the old board members can give information and work with the new board
members. The volunteer fire fighters serve the corporation, with the corporation governed
by a new board now.
Vice Chairman Jeffers acknowledged the list that was handed out for the new
WVFD Board of Directors, as elected on October 6, 2019 and asked for the names of the
old board of directors that are now working in tandem with the new board. Mr. Womack
stated himself, Ronnie Womack, James Royster, Greg Freeman and Bernard Mangum.
Vice Chairman Jeffers asked Mr. Womack if Mr. Freeman lives in Person County to which
Mr. Womack replied no.
A motion was made by Vice Chairman Jeffers and carried 5-0 to table action on a
Resolution Authorizing Support and Recognition of the Efforts to Secure and Rebuild
adequate Fire Protection in the Woodsdale community. Vice Chairman Jeffers stated he
could not vote for a resolution that allows the County to give funds, even by invoice to
WVFD, at this time.
Mr. Wilson stated the community wanted to show the Board of Commissioners that
they are serious to get the fire department up and running, and that the community will be
glad to make donations and get dues back in place to help with the funding by the County.
Commissioner Puryear suggested for the County to continue to give assistance and
guidance through staff and County Attorney during the transition of the WVFD. Mr.
Aycock stated he does not represent nor ever represented the corporation noting he
represents Person County and his efforts, if authorized by the Board, to provide assistance
will be to make sure the interests of the Board of Commissioners are carried out so that
citizens in that area of the County received the services.
A motion was made by Chairman Newell and carried 5-0 to instruct the County
Attorney to contact the State Fire Marshal’s Office along with the County’s EMS staff to
find out the requirements and procedures on how the County should proceed.
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Chairman Newell asked Mr. Aycock to come to the Board’s next meeting with a
plan (what needs to happen, how it needs to happen and when it needs to happen) for the
Board of Commissioners as well as how the WVFD should proceed.
CHAIRMAN’S REPORT:
Chairman Newell had no report.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Puryear requested in lieu of an official County Commissioners’
meeting with the one Wake County commissioner that requested a meeting that the
Chairman and the Vice Chairman of the Board meet informally with him. It was the
consent of the Board to grant this request.
There were no reports offered by Commissioners Powell, Clayton and Vice
Chairman Jeffers.
ADJOURNMENT:
A motion was made by Vice Chairman Jeffers and carried 5-0 to adjourn the
meeting at 9:59am.
_____________________________ ______________________________
Brenda B. Reaves David B. Newell, Sr.
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 6,700
Education 129,620
REVENUES General Fund
Other Revenues 6,700
Fund Balance Appropriation 129,620
Explanation:
BUDGET AMENDMENT
Carryforward of lottery funds from FY19 for Person County Schools capital projects ($129,620); receipt of vehicle
damage claims for the Sheriff's department ($6,700).
BA-924
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AGENDA ABSTRACT
Meeting Date: November 4, 2019
Agenda Title: A Resolution Authorizing Support For & Recognition of the Efforts to
Secure and Rebuild Adequate Fire Protection in the Woodsdale Community
Summary of Information:
Person County was notified on August 9, 2019 by the Office of State Fire Marshal, of Woodsdale
Volunteer Fire Department’s failure of inspection for a 9s rating and decertification of the
department. The Woodsdale Volunteer Fire Department (WVFD) retained legal counsel and filed a
timely appeal to the State. This appeal suspends the decertification process until the appeal is ruled
on by the State.
On October 3, 2019 a community meeting was held in Woodsdale with more than 80 community
members in attendance. The group voted unanimously to dismiss the existing board of the WVFD
and to elect 12 new board members. The new board met on October 6th and elected officers, they
appointed a fire chief, as well as filed an appeal with the State contesting the decertification. Person
County Emergency Services Director has been in attendance at these meetings and reports that the
new board desires recognition and support to resolve the current situation of the WVFD.
On October 22, 2019 the New WVFD Board met and discussed the results of the October 21,
2019 County Board of Commissioner’s meeting. The conclusion of their meeting was a vote for
a new President and to reaffirm their previous action to request that the Commissioners adopt the
attached Resolution.
The attached Resolution offers recognition and support to the new board of the WVFD. Staff is
requesting the Board to adopt the Resolution which would authorize the following:
1. Recognize the new board of the WVFD as the official governing board for the
WVFD.
2. Authorize the county staff and attorney to be able to provide assistance to this
new board during this transition of the WVFD.
3. Authorize a contract amendment with WVFD where some funding could be
dispersed per individual invoice or written request for payment as needed and
coordinated through the County’s Emergency Services Director, so long as the
board is making progress on the current contract requirements and moving
forward to ensure service for the district.
Recommended Action: Adopt the Resolution
Submitted By: Ron Aycock, County Attorney
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A RESOLUTION AUTHORIZING SUPPORT FOR &
RECOGNITION OF THE EFFORTS TO SECURE AND REBUILD
ADEQUATE FIRE PROTECTION IN THE
WOODSDALE COMMUNITY
Whereas, Person County in an effort to assure adequate fire and rescue protection
throughout the County has authorized fire districts throughout its jurisdiction; and
Whereas, the Woodsdale Volunteer Fire Department, Inc (WVFD) has been
designated as the agency to be the primary provider of fire and rescue services in
that district; and
Whereas, Person County has provided financial assistance and obligations specified
in a contract dated July 1, 2018; and
Whereas, the Office of the State Fire Marshal has given Person County notice on
August 9, 2019 that the WVFD will be decertified as of October 8, 2019 pending any
appeals;
Whereas, Person County gave sufficient notice of violation of the County’s Fire
Protection Contract to the WVFD Board President and Fire Chief on September 6,
2019 which was effective as of October 8, 2019;
Whereas, Person County has been informed that the previous board of the WVFD
has retained legal counsel and has filed a timely appeal with the Office of the State
Fire Marshal on October 3, 2019; and
Whereas, a community meeting of members of the WVFD was convened on October
3, 2019 with more than 80 community members in attendance and the community
members voted unanimously to dismiss the existing board of WVFD and elect 12
new board members pursuant to the Constitution and Bylaws of the organization;
and
Whereas on October 6, 2019, the new board elected officers, appointed a fire chief,
and filed an appeal to the Office of the State Fire Marshal contesting their action to
decertify the WVFD; and
Whereas on October 22, 2019 the new board met and discussed the results of the October 21, 2019 County Board of Commissioners' meeting. The conclusion of their meeting was a vote of a new President; and
Whereas these appeals have the effect of holding the State action in suspension until
final disposition of the appeal; and
Whereas the Person County Emergency Services Director has been present for
these meetings and reports that the new board desires recognition and assistance to
resolve the current situation of the WVFD. 31
NOW THEREFORE BE IT RESOLVED BY THE PERSON COUNTY BOARD
OF COUNTY COMMISSIONERS THAT:
1.Recognize the new board of the WVFD as the official governing board
for the WVFD.
2.Authorize the county staff and attorney to be able to provide
assistance to this new board during this transition of the WVFD.
3.Authorize a contract amendment with WVFD where some funding
could be dispersed per individual invoice or written request for
payment as needed and coordinated through the County’s Emergency
Services Director, so long as the board is making progress on the
current contract requirements and moving forward to ensure service for the district
Adopted this 4th day of November, 2019.
__________________________________
David B. Newell, Sr., Chairman
Person County Board of Commissioners
Attest:
__________________________________
Brenda B. Reaves, NCMCC, MMC
Clerk of Board
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Notice of Intent to Lease Two (2) Strands of Dark Fiber
Notice is hereby given that the Person County Board of County Commissioners will at its November 4,
2019 meeting consider authorization to execute a twenty (20) year lease of two (2) strands of surplus
dark fiber owned by it to NC Wireless LLC, an entity which has received a grant from the state of North
Carolina pursuant to NC General Statute 143B‐1373. The consideration for the lease will be $78,000
paid upon execution of the lease plus an annual maintenance fee of $9,100 to be paid for a minimum of
five (5) years. This lease is pursuant to the provisions of NC General Statute 160A‐272 made applicable
to Counties by NC General Statute 153A‐176.
Brenda B. Reaves, Clerk
Person County Board of Commissioners
Run as a legal ad on Sept. 25, 2019
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AGENDA ABSTRACT
Meeting Date: November 4, 2019
Agenda Title: Authorization to Execute a 20-year Lease of Two Strands of
Surplus Dark Fiber with NC Wireless, LLC/RiverStreet Networks
Summary of Information:
At the Board’s September 23, 2019 meeting, the Person County Commissioners adopted a
Resolution Declaring Two Strands of Fiber Surplus Property and authorized a published Notice of
Intent to enter into a Lease Agreement per NCGS 160A-272 (a1) upon approval at the Board of
Commissioners’ meeting on November 4, 2019.
The original grant agreement with Person County (executed on March 30th, 2017) provided NC
Wireless access to two strands of fiber at no charge until the grant agreement expired (March 30,
2021).
Staff are working with a consultant and RiverStreet to finalize the Lease Agreement to bring before
the Board at a future meeting.
Recommended Action: No action requested at this time. Staff requests to defer authorization to
execute a 20-year Lease of Two Strands of Surplus Dark Fiber to a future Board meeting.
Submitted By: Chris Puryear, IT Director
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