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06-17-2024 Meeting Minutes BOCJune 17, 2024 1 PERSON COUNTY BOARD OF COMMISSIONERS June 17, 2024 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims- ABSENT Michele Solomon, Clerk to the Board Kyle W. Puryear T.C. Morphis, Jr., County Attorney Charlie Palmer Jason Thomas The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, June 17, 2024, at 9:00 a.m.in the Commissioners’ Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC. Chairman Powell called the meeting to order. He announced Vice Chairman Sims was absent due to a family emergency. Chairman Powell offered an invocation, and Commissioner Thomas led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear and carried 4-0 to approve the agenda. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Andrea Childers of 270 Blackberry Lane, Rougemont stated that she has been a resident of Person County for 31 years. She stated that she is requesting the Board to reverse the zoning decision made on December 4, 2023 to protect the residents of the community. She stated that she is also requesting an independent environmental impact study to be conducted before MEC is built. She referenced a party barn at Hyco Lake, Project Log at Woodsdale, and MEC at Moriah. She asked ‘What do all three of these things have in common?’ She stated that the commonality is, a small group of Personians stand to profit from these transactions, while the health and wellbeing of residents of neighboring homes that are by these facilities, are put into immediate danger. She stated that pleas for help and support by these residents go ignored by this Board, all being done under the guise of economic development. She stated the fact of the matter is, this Board does not want growth in Person County, because growth would mean people not from around here, moving into this County, asking questions and demanding something different from the “status quo”. She stated that this Board does not want outsiders’ opinions or knowledge and no transparency. She stated that this Board wants to continue making behind closed doors deals, helping the same small group of people, while the rest of us Personians are sacrificed. June 17, 2024 2 Childers stated that the only thing that this Board wants from new residents is for them to pay their taxes and keep their mouth shut; which is evident by the new alarm system implemented last week, that is so-called legal. She stated that this is clearly an attempt to intimidate and silence residents of this County, yet another action this Board has taken that they can be proud of. Don Ahrens of 108 Elderberry Lane, Rougemont stated that he has been taking water samples and pictures of the streams that are being polluted by the Moriah Energy Center (MEC) and passing this information on to the Division of Water Resources (DWR). He stated that the DWR went out and inspected on May 30, 2024 at sediment basin number one. He stated that sediment was found to be leaving through the riparian buffer, a silt fence, and a check dam. DWR requested that the sediment be removed by hand. He stated that at sediment basin number three, sediment was found in the pond, east of the basin. He stated that DWR advised the site manager to evaluate measures to prevent sediment from entering the pond. He stated that because MEC was blasting sediment, basin number two was not evaluated. He stated that this inspection only happened because the community complained and sampled. He stated that the community will continue to complain and sample, because it is obvious that MEC does not care about the environment. He asked the Board to require a Risk Management Plan from Dominion. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Palmer and carried 4-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of June 3, 2024, B. Approval of Minutes of June 5, 2024, C. Approval of Minutes of June 10, 2024, D. Budget Amendment #25, E. Person County Museum of History FY25 Funding Agreement, F. FY25 Classification and Pay Schedule, G. Personnel Policy Amendments, H. ABC Board Request to Set Aside Additional Working Capital, I. Energy Programs Outreach Plan, J. Rezoning/Map Amendment Application, and K. Resolution Requesting Abandonment of a Portion of State Road, Country Club Road, from the State Road System June 17, 2024 3 NEW BUSINESS: FY25 BUDGET ORDINANCE County Manager Katherine Cathey and Finance Director Amy Wehrenberg presented. Cathey advised the Board that before them is the FY25 Budget Ordinance for adoption. She stated that provided in the agenda packet was a summary of the adjustments that were made to the Manager’s recommended budget. She stated that about a month ago, the Board was presented with the recommended budget, a public hearing was held on June 3, 2024 to obtain feedback from the public on the recommended budget and there were no members of the public in attendance that spoke in reference to the public hearing, and the Board had two budget work sessions the week after the public hearing. She stated that based on the discussions and review during the work sessions, we are now at the point for adoption of the budget ordinance, which incorporates the adjustments that the Board had requested. She stated at the last work session, the Board requested that the Emergency Services Director make a presentation on the ALS 360 Lease Program. She stated that the Emergency Services Director will present to the Board at the July 15, 2024 meeting. She stated therefore, this is item is not included in the recommended budget. A motion was made by Commissioner Puryear and carried 4-0 to adopt the FY25 Budget Ordinance. June 17, 2024 4 June 17, 2024 5 June 17, 2024 6 June 17, 2024 7 June 17, 2024 8 June 17, 2024 9 June 17, 2024 10 June 17, 2024 11 June 17, 2024 12 June 17, 2024 13 June 17, 2024 14 June 17, 2024 15 June 17, 2024 16 June 17, 2024 17 June 17, 2024 18 June 17, 2024 19 June 17, 2024 20 June 17, 2024 21 June 17, 2024 22 June 17, 2024 23 A RESOLUTION AUTHORIZING THE PERSON COUNTY SHERIFF TO ENTER INTO TRAINING AGREEMENTS Person County Sheriff Jason Wilborn presented. Wilborn stated that he would like to present to the Board for consideration, a Resolution authorizing the Person County Sheriff to enter into training agreements with new recruits that are hired at the Sheriff’s Office that have not attended any type of Basic Law Enforcement Training (BLET). He stated that BLET is a six- month course and the Detention Officer Training is five weeks. He stated that the Person County Sheriff’s Office pays for them to become certified, if they are hired without the certification. He stated that the Resolution would authorize the Person County Sheriff to enter into training agreements with new recruits to the Sheriff’s Office, which mandates the full or partial reimbursement of BLET, other training, and uniform cost, if the recruit leaves employment with the County in less than three years from the time of certification as a Law Enforcement Officer by the State of North Carolina. He advised that he has provided the Board with a sample training agreement. He stated that training agreements have become common across the state A motion was made by Commissioner Puryear and carried 4-0 to approve the Resolution authorizing the Person County Sheriff to enter into training agreements. June 17, 2024 24 June 17, 2024 25 June 17, 2024 26 June 17, 2024 27 RETIREE HEALTH INSURANCE POLICY AND DSS OVERNIGHT SUPERVISION INCENTIVE PAY Human Resources Director Sonya Carver presented the following: June 17, 2024 28 June 17, 2024 29 Commissioner Palmer stated that he feels that the Sheriff’s Department and Emergency Services should be prioritized. He stated that it is his recommendation that the County change the policy to allow for break in service to go towards the retiree health insurance. Carver stated that regardless of what position they are in, every County employee brings a lot to the table. June 17, 2024 30 Carver stated that she respects Public Safety, and the County thinks highly of them; however, the County thinks highly of all employees and benefits are applied fairly across the board, no matter what your position is within the County. She stated that staff does not recommend what he has proposed, as it will hurt the County’s health insurance pool by adding retirees and costs to the pool due to having more leniency in the criteria for eligibility for retiree health insurance. Commissioner Puryear stated that it was his understanding, that if the policy remains the same, and an employee has extenuating circumstances, the employee can request to come to the Board of Commissioners and have the Board consider their request. He stated this is a case-by-case situation. County Attorney Morphis verified that what Puryear had stated was correct. A motion was made by Commissioner Puryear and carried 3-1 to approve the alternative option for the Retiree Health Insurance, giving employees up to one year to be reinstated. Chairman Powell, and Commissioners Puryear and Thomas voted in favor of the motion. Commissioner Palmer voted in opposition to the motion. June 17, 2024 31 Commissioner Palmer asked where are the individuals housed. Carver advised that the children stay at the Department of Social Services. Palmer asked where do they sleep and do they have foldout beds. Assistant County Manager Brian Hart advised that the children sleep in the rooms used for visitation and the rooms have couches and things of that nature. June 17, 2024 32 Chairman Powell stated that this situation is sad and undesirable, yet needs to be addressed. He stated that this policy provides incentive to employees supervising these children. He stated that on another subject, moving forward, the discussion on changing how things are done and evaluating options for remodeling the space at DSS to better accommodate the children would need to be addressed. Commissioner Thomas stated that the incentive pay is very much needed for DSS employees and is also in favor of looking into ways to remodel the facility to make it more of a home setting for the children that have to stay overnight. A motion was made by Commissioner Thomas and carried 4-0 to approve the policy for the DSS Overnight Supervision Incentive Plan. PRELIMINARY RESOLUTION AND CALL FOR PUBLIC HEARING Finance Director Amy Wehrenberg presented. She stated that she is requesting action on the Resolution included the agenda packet to authorize the negotiation of an installment financing contract and direct the publication of notice that is related to the upcoming bond issuance in August. She stated that the Resolution provides for the following:  Designates and authorizes certain County officials to proceed and negotiate on behalf of the County the Contract in an amount not to exceed $22M to finance (a) the acquisition of a portion of a building currently being leased by the County and used by the County Health Department and Social Services Department, (b) the acquisition of a building for use by Piedmont Community College, (c) roof repairs at South Elementary School and (d) improvements to the County’s recycling center in connection with the consolidation of facilities for Person Industries and Person County Recycling (collectively, the “2024 Projects”), and to provide as security for the County’s obligations a Deed of Trust conveying a lien and interest in South Elementary School, including the improvements thereon.  Authorizes the Chief Finance Officer or her designee to file with the Local Government Commission (LGC) an application for its approval of the Contract, and to include such facts and exhibits regarding the County and its financial condition as the LGC may require in order to make its statutorily-required findings.  Provides direction to retain certain professionals as determined to be necessary in the judgment of the Chief Finance Officer and her staff to carry out the transaction contemplated in this Resolution.  States that a public hearing shall be conducted by the Board on July 15, 2024 at 9:00 a.m. in the Commissioners’ Boardroom, Room 215, Person County Office Building, concerning the Contract, the Deed of Trust and the proposed financing of the 2024 Projects.  Directs the Clerk to the Board to cause a notice of the Public Hearing, in the form attached (Exhibit A), to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. June 17, 2024 33 A motion was made by Commissioner Puryear and carried 4-0 to approve the Resolution and call for Public Hearing, to be heard at the Board of Commissioners’ July 15, 2024 regular scheduled meeting. FUNDING REQUEST FOR PERSON INDUSTRIES AND MATERIAL RECYLCLING FACILITY (PI/MRF) SPECIAL REVENUE FUND PI/MRF Director Amanda Doss presented the following: June 17, 2024 34 June 17, 2024 35 June 17, 2024 36 A motion was made by Commissioner Palmer and carried 4-0 to approve the funding request in the amount of $351K from the General Fund. TIRE AND MATTRESS SHREDDER PROPOSAL PI/MRF Director Amanda Doss presented the following: June 17, 2024 37 June 17, 2024 38 June 17, 2024 39 June 17, 2024 40 June 17, 2024 41 June 17, 2024 42 June 17, 2024 43 June 17, 2024 44 June 17, 2024 45 June 17, 2024 46 June 17, 2024 47 June 17, 2024 48 A motion was made by Commissioner Puryear and carried 4-0 to take the next steps and move forward with the process for the Mattress and Tire Shredder. PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER (PCBIC) STRUCTURE Chairman Powell stated that there have been recent discussions regarding the overall structure of the PCBIC. He stated that PCBIC is a non-profit organization formed in the early 90’s for the purpose of supporting businesses in Person County, and bringing new business and industries into the County. He stated that PCBIC did a great job of doing just that in the early days of its existence. He stated since those days, there has been very little that PCBIC can claim as success, other than being supportive of EDC projects and distribution of funds for those projects using claw back funds and limited revenues from other sources. He stated that there have been no financial supportive actions by PCBIC as a non-profit, and no engagement with business and industry and the private sector to raise funds in support of their stated goals, objectives and mission statement. He stated that the only business and industry attractions have been through the EDC Department. He stated that PCBIC has a place in Person County’s future as an active and functioning non-profit, but not under the original governance structure. June 17, 2024 49 Powell stated that change in the organizational structure, bylaws, vision and mission statements is needed for future success. He stated as the appointing Board of PCBIC and EDC members, the Board of Commissioners (BOC) is accountable to the tax payer. He stated that the need for change is clearly before us and it is imperative that the BOC do the right thing in assisting PCBIC in becoming the non-profit organization it was intended to be, functioning independently of budgeted tax payer funds. He provided suggestions on how to implement these changes and requested the Board take these recommendations to the PCBIC Board at PCBIC’s meeting on July 23, 2024. Commissioner Puryear stated that he appreciated Chairman Powell’s thoughts on this item; however, the Board just received this recommendation and has not had time to look over it, and one commissioner is absent. He deems it appropriate to table this item until the next BOC meeting scheduled for July 15, 2024. A motion was made by Commissioner Puryear and carried 4-0 to table this item until the July 15, 2024 meeting. APPOINTMENTS TO BOARDS AND COMMITTEES Clerk to the Board Michele Solomon presented to the Board interested citizen applications for consideration for appointment to boards and committees, and requested the Board to nominate for appointment as deemed appropriate. ABC Board 3-Year Term: 1 position available 1) John Bradsher requests reappointment as his term expires on 06/30/2024 2) Nikki Burke requests appointment 3) Harold Ray Carver, Jr. requests appointment 4) Bridgit Jones requests appointment 5) Dale Norris requests appointment A motion was made by Commissioner Puryear to reappoint John Bradsher. A separate motion was made; therefore, the second motion will be voted on first. A motion was made by Commissioner Palmer to nominate Bridgit Jones and failed to carry 1-3. Chairman Powell, and Commissioners Puryear and Thomas voted in opposition to the motion. Since this motion failed to carry, the first motion on the floor carries, without a vote reappointing John Bradsher to the ABC Board for a 3-year term. Adult Care Home Community Advisory Committee 1-Year Initial Term; 3-Year Reappointment: 5 positions available 1) Rhonda Haynes requests reappointment as her term expires on 06/30/2024 A motion was made by Commissioner Palmer and carried 4-0 to reappoint Rhonda Haynes to the Adult Care Home Community Advisory Committee for a 3-year term. June 17, 2024 50 Animal Services Advisory Committee 3-Year Term: 2 positions available 1) Kirsten Brame requests reappointment as her term expires on 06/30/2024 2) Holly Yarbrough requests appointment A motion was made by Commissioner Thomas and carried 4-0 to reappoint Kirsten Brame and to appoint Holly Yarbrough to the Animal Services Advisory Committee for a 3-year term. Board of Equalization and Review 4-Year Term: 1 position available to fill unexpired term to 2/28/2025 1) Larry King requests appointment A motion was made by Commissioner Puryear and carried 4-0 to appoint Larry King to the Board of Equalization and Review to fill an unexpired term to 2/28/2025. Board of Health 3-Year Term: 1 position for each of the following: a Doctor, a Nurse, and a Veterinarian; and 2 positions available for members of the general public 1) Patsy Clayton requests reappointment -Nurse; her term expires on 06/30/2024 2) Phillip Edelblute requests reappointment- General Public; his term expires on 06/30/2024 3) Barbara Harris requests reappointment-Veterinarian; her term expires on 06/30/2024 4) Kenneth Strachan requests appointment- Doctor 5) Ben Tillett requests reappointment- General Public; his term expires on 06/30/2024 6) Gerald Jermaine Wallace requests appointment-General Public A motion was made by Commissioner Thomas and carried 4-0 to reappoint Patsy Clayton representing a nurse to the Board of Health for a 3-year term. A motion was made by Commissioner Puryear and carried 4-0 to reappoint Phillip Edelblute representing the general public to the Board of Health for a 3-year term. A motion was made by Commissioner Palmer and carried 4-0 to reappoint Barbara Harris representing a veterinarian to the Board of Health for a 3-year term. A motion was made by Commissioner Palmer and carried 4-0 to appoint Kenneth Strachan representing a doctor to the Board of Health for a 3-year term. A motion was made by Commissioner Puryear and carried 4-0 to reappoint Ben Tillett representing the general public to the Board of Health for a 3-year term. June 17, 2024 51 Environmental Issues Advisory Committee 3-Year Term: 1 position for a citizen residing in each of the following townships: Holloway Township., the Olive Hill Township, the Roxboro Township, and 1 position in the Woodsdale Township to fill unexpired term to 12/31/2024 1) Cheryl Allen requests reappointment for the Roxboro Township as her term expires on 06/30/2024 A motion was made by Commissioner Puryear and carried 4-0 to reappoint Cheryl Allen to the Environmental Issues Advisory Committee representing the Roxboro Township for a 3-year term. Juvenile Crime Prevention Council 1-Year Initial Term: 2-Year Reappointment 2 positions available for a citizen under the age of 21(one may be a member of the public representing the interests of families of at-risk juveniles); and 1 position available for each of the following: Juvenile Defense Attorney, a member of the Faith Community, a United Way or Nonprofit Agency Representative, and up to 4 citizens-at-large positions 1) Kelly Foti requests reappointment- Nonprofit Agency Representative- her term expires 06/30/2024 2)Rev. Elizabeth McCoy requests reappointment- Member of the Faith Community- her term expires 06/30/2024 A motion was made by Commissioner Palmer and carried 4-0 to reappoint Kelly Foti representing a nonprofit agency and Rev. Elizabeth McCoy representing the faith community to the Juvenile Crime Prevention Council for a 2-year term. Library Advisory Board 3-Year Term: 3 positions available 1) Jonathan Bradsher requests reappointment as his term expires 06/30/2024 2) Elizabeth Bremer requests appointment 3) Paul Ehresmann requests appointment 4) Alisa Gentry requests appointment 5) Kathryn Greenwold requests appointment 6) Charles Harvey requests reappointment as his term expires on 06/30/2024 7) Rev. Elizabeth McCoy requests reappointment as her term expires on 06/30/2024 A motion was made by Commissioner Puryear and carried 4-0 to reappoint Jonathan Bradsher, Charles Harvey, and Rev. Elizabeth McCoy to the Library Advisory Board for a 3-year term. June 17, 2024 52 Nursing Home Advisory Committee 1-Year Initial Term: 3-Year Reappointment: 5 positions available 1) Rhonda Haynes requests reappointment as her term expires on 06/30/2024 A motion was made by Commissioner Palmer and carried 4-0 to reappoint Rhonda Haynes to the Nursing Home Advisory Committee for a 3-year term. PATS Transportation Advisory Board 3-Year Term: 1 position available for each of the following: a School System Representative, a Vocational Rehabilitation Representative, a Representative of Senior Services, and a Representative of Economic Development/Chamber of Commerce 1) Rev. Laurence Greenwold requests appointment (Citizen-at-large) 2) Maynell Harper requests reappointment- Senior Center Rep.-her term expires 06/30/2024 3) Lisa Jeffreys requests reappointment-Vocational Rehab Rep- her term expires 06/30/2024 4) Walter Montgomery requests reappointment- School System Rep-his term expires 06/30/2024 A motion was made by Commissioner Palmer and carried 4-0 to reappoint Maynell Harper as senior center representative, Lisa Jeffreys as vocational rehab representative, and Walter Montgomery as school system representative to the PATS Transportation Board for a 3-year term. Person-Caswell Lake Authority 3-Year Term: 1 position available 1) John Byrd Sr. requests appointment 2) Anna Hester-Martin requests appointment 3) Christopher Terry requests appointment A motion was made by Commissioner Thomas and carried 4-0 to appoint Anna Hester-Martin to the Person-Caswell Lake Authority for a 3-year term. Piedmont Community College Board of Trustees 4-Year term: 1 position available 1) Joel Adler requests reappointment as his term expires 06/30/2024 A motion was made by Commissioner Palmer and carried 4-0 to reappoint Joel Adler to the Piedmont Community College Board of Trustees for a 4-year term. June 17, 2024 53 Planning Board 3-Year Term: 2 positions available 1) Cynthia Lynch requests reappointment as her term expires 06/30/2024 2) Steven McFarland requests appointment 3) Gerald Jermaine Wallace requests appointment A motion was made by Commissioner Puryear and carried 4-0 to reappoint Cynthia Lynch and to appoint Steven McFarland to the Planning Board for a 3-year term. Recreation Advisory Board 3-Year Term: 2 positions available 1)John Byrd requests appointment 2)Kirk Redman requests reappointment as his term will expire on 06/30/2024 A motion was made by Commissioner Thomas and carried 4-0 to reappoint Kirk Redman and to appoint John Byrd to the Recreation Advisory Board for a 3-year term. CHAIRMAN’S REPORT: Chairman Powell reported that he attended the NCACC Legislative day in Raleigh last week and met with Representative Ray Jeffers and Senator Graig Meyer. He stated that Vice Chairman Sims and County Manager Cathey were also in attendance. He stated that he attended the Willow Oak Music Park Festival this past weekend, and it was well attended. He stated that this is a very good venue for Person County and attracts a lot of people. He stated that he and other representatives from Person County attended the Public Hearing for the Public Utilities Commission Thursday evening, in reference to the Duke Energy Planned Combined- Cycle Plant. He stated that he and others in attendance, pleaded with the Utilities Commission to consider Person County as the focal point for their plans of a combined- cycle plant. MANAGERS’S REPORT: County Manager Katherine Cathey thanked the Board for the adoption of the FY25 Budget. She expressed thanks to county staff for all the great teamwork in pulling together this year. She stated a lot of hard work was put into the budget. She stated that she wanted to commend the Finance Department, Amy and Tracy especially, for getting us to where we are this morning. She stated that the next Board of Commissioners meeting is scheduled for July 15, 2024. June 17, 2024 54 COMMISSIONER REPORT/COMMENTS: Commissioner Palmer reported that he did a consultation by telephone call on Thursday of last week with CCR Consultants, and they stated that they would be at DSS next week to consult with some of the employees. Commissioner Thomas expressed thanks to the finance staff for their hard work that was put into the budget. Commissioner Puryear had no report. CLOSED SESSION A motion was made by Commissioner Palmer and carried 4-0 to enter into Closed Session at 10:38 a.m. per General Statute 143-318.11(a)(3) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., Health Director Janet Clayton, Environmental Health Services Supervisor Bonnie Holt, and Economic Development Director Brandy Lynch. Chairman Powell called the Closed Session to order at 10:42 a.m. A motion was made by Commissioner Puryear and carried 4-0 to return to open session at 11:40 a.m. A motion was made by Commissioner Puryear and carried 4-0 to authorize the County Manager to complete a budget amendment to transfer funds from contingency to legal services in the amount of $20K. ADJOURN: A motion was made by Commissioner Puryear and carried 4-0 to adjourn the meeting at 11:42 a.m. _____________________________ ______________________________ Michele Solomon Gordon Powell Clerk to the Board Chairman