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12-05-2022 Meeting Minutes BOC December 5, 2022 1 PERSON COUNTY BOARD OF COMMISSIONERS DECEMBER 5, 2022 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims Brenda B. Reaves, Clerk to the Board Kyle W. Puryear S. Ellis Hankins, County Attorney Charlie Palmer Patricia Gentry- absent Jason Thomas The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, December 5, 2022 at 6:00pm in the Person County Office Building Auditorium located at 304 S. Morgan Street, Roxboro, NC. Chairman Powell called the meeting to order and recognized a quorum was present. Commissioner Gentry was absent. Chairman Powell requested a moment of silence in memorial to the 2,400 plus men and women who died defending our nation on December 7, 1941 at Pearl Harbor. Chairman Powell offered an invocation and Commissioner Palmer led the group in the Pledge of Allegiance. APPROVAL OF MINUTES OF NOVEMBER 21, 2022: Chairman Powell presented to the Board the minutes of November 21, 2022 for approval. A motion was made by Commissioner Puryear and carried 4-0 to approve the minutes of November 21, 2022. RECOGNITION OF OUTGOING COMMISSIONER PATRICIA “PJ” GENTRY: Chairman Powell read a plaque in appreciation of outgoing Commissioner PJ Gentry for her two (2) years of service (December 7, 2020 to December 5, 2022). Chairman Powell then passed the gavel to County Attorney, Ellis Hankins to preside over the Board. SWEARING-IN CEREMONY: County Attorney, Ellis Hankins introduced the Honorable Deborah L. Barker, Clerk of Superior Court. Ms. Barker administered the Oath of Office to the commissioners elect: Kyle W. Puryear and Jason Thomas. December 5, 2022 2 The Honorable Deborah L. Barker administered the Oath of Office to the Soil and Water Conservation District Supervisors: Gregory Foushee, Eugene Berryhill, Jr., and Bruce Whitfield. ORGANIZATION OF BOARD: County Attorney, Ellis Hankins stated as noted in the Board’s Rules of Procedure, the Board would convene its organization of the Board. Mr. Hankins proceeded to the nomination and election of the Board of Commissioners’ Chairman noting if multiple nominations were received, he would ask the Board to vote in the order of the nomination. County Attorney, Ellis Hankins called for nominations for Chairman of the Board of Commissioners. Commissioner Puryear nominated Commissioner Powell for Chairman of the Board. There were no other nominations for Chairman. Being no further nominations, Mr. Hankins closed nominations for Chairman of the Board of Commissioners, and by acclamation announced Commissioner Powell as Chairman of the Board. Mr. Hankins gave Chairman Powell the gavel to preside over the meeting. Chairman Powell thanked his fellow commissioners for their show of confidence to elect him their Chairman. He stated it was his honor and privilege to serve as Chairman for all the citizens of the county and he would do so to the best of his ability. Chairman Powell opened the floor for nominations for Vice Chairman of the Board of Commissioners. Commissioner Palmer nominated Commissioner Sims for Vice Chairman. Being no further nominations, Chairman Powell closed nominations for Vice Chairman of the Board of Commissioners, and by acclamation announced Commissioner Sims as Vice Chairman of the Board. Vice Chairman Sims stated he looked forward to the good work by the Board of Commissioners going forward. December 5, 2022 3 APPROVAL OF BONDS FOR THE FINANCE DIRECTOR, THE REGISTER OF DEEDS, THE SHERIFF, AND THE TAX ADMINISTRATOR: County Attorney, Ellis Hankins stated Chapter 161(Register of Deeds) and 162 (Sheriff) of the North Carolina General Statutes requires the Board of County Commissioners to approve the official bonds at the first meeting in December. The Bonds are a continuation of existing bonds and were secured by the County Human Resources Director, who also serves as Insurance Liaison. The Human Resources Director provided information that the Sheriff’s bond, in the amount of $25,000, is for the length of his term. The Bonds of the Register of Deeds in the amount of $50,000, $100,000 for the Tax Administrator and $1M for the Finance Director (amount of each Bond is dictated by legislature). Mr. Hankins presented a Resolution to Approve the Bonding of County Officials and requested Board approval of the Bonds of the Finance Director, the Register of Deeds, the Sheriff and the Tax Administrator as presented. A motion was made by Commissioner Puryear and carried 5-0 to adopt a Resolution to Approve the Bonding of County Officials, and thereby approving the Bonds of the Register of Deeds in the amount of $50,000, $100,000 for the Tax Administrator, $1M for the Finance Director as well as $25,000 for the Sheriff. December 5, 2022 4 December 5, 2022 5 Chairman Powell called a brief recess at 6:17pm. The meeting reconvened at 6:31pm. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman requested to add Closed Session #3 to the agenda to confer with the county attorney for a confidential legal matter. A motion was made by Commissioner Puryear and carried 5-0 to add to the agenda a Closed Session #3 and to approve the agenda as adjusted. PUBLIC HEARING: CONSIDERATION OF APPROVAL TO SUBMIT THE FISCAL YEAR 2024 COMMUNITY TRANSPORTATION PROGRAM APPLICATION: A motion was made by Vice Chairman Sims and carried 5-0 to open the duly advertised public hearing for consideration of approval to submit the Fiscal Year 2024 Community Transportation Program Application. Public Transportation Director Mitch Fleig stated a public hearing was being conducted for consideration of approval to submit the Fiscal Year 2024 Community Transportation Program Application for federal and state funding and commitment of local share funds. Mr. Fleig noted this was an annual request and that a public hearing was required as part of the application process. The Application is scheduled to be submitted to the NC Dept. of Transportation (DOT) no later than December 9, 2022. The Community Transportation Program supports transportation programs operating in Person County and provides transportation options and services for the communities within this service area. These services are provided using Light Transit Buses (LTV’s) operated by the Person Area Transportation System (PATS). Mr. Fleig further noted that PATS would be requesting replacement of three LTV buses in Fiscal Year 2024. Due to supply shortages, PATS did not receive replacement vehicles in Fiscal Year 2022 and was not guaranteed vehicles in Fiscal Year 2023. He added the three LTV buses are running from six to eighteen months for delivery. Mr. Fleig noted he currently had seven buses that qualify to be replaced according to the NC DOT guidelines for replacement. The total estimated amount requested is for the period July 1, 2023 through June 30, 2024. NOTE: The local share amount is subject to State funding availability. December 5, 2022 6 Project Total Amount Local Share Administrative $198,342 $29,751 (15%) Capital (Vehicles & Other) $325,000 $32,500 (10%) TOTAL PROJECT $523,342 $62,251 Mr. Fleig said the manager recommended that the Board approve the local share for $62,251 for Fiscal Year 2024. There were no individuals appearing before the Board to speak in favor of or in opposition to the Fiscal Year 2024 Community Transportation Program Application. A motion was made by Vice Chairman Sims and carried 5-0 to close the public hearing for consideration of approval to submit the Fiscal Year 2024 Community Transportation Program Application. CONSIDERATION TO GRANT OR DENY REQUEST TO SUBMIT THE FY24 COMMUNITY TRANSPORTATION PROGRAM APPLICATION: A motion was made by Vice Chairman Sims and carried 5-0 to approve the request to submit the Fiscal Year 2024 Community Transportation Program Application as well as approve the required local funds for the Fiscal Year 2024, as presented. RECOGNITION OF OUTGOING SHERIFF DEWEY E. JONES: Chairman Powell recognized the Outgoing Sheriff Dewey E. Jones with a Resolution of Appreciation for his sixteen (16) years of service as Person County’s Sheriff. Chairman Powell and the Board extended best wishes to Mr. Jones on his retirement. December 5, 2022 7 Mr. Jones said he had a great working relationship with the Board of Commissioners and Department Heads. He thanked the citizens for the opportunity to serve as the County’s Sheriff for sixteen years. December 5, 2022 8 INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Mr. Patrick Riley of 256 Hicks Yarboro Rd., Roxboro addressed the Board on news he heard about the LGBTQ missionaries are causing a split in the Methodist Church by the request to be allowed in church. Mr. Riley said the missionaries of discontent have introduced this issue not as a sympathy to spare the feelings of people who have been misled, but instead to increase the political power of those who undermine solid American values. He called for this doctrine not be allowed in Person County Schools. 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. Budget Amendment # 11, B. Consideration of Approval of 1 additional taxpayer Late Homestead Exemption, and C. Duke Energy Foundation Grant Application for the Department of Emergency Services up to $50,000 for hazardous materials incident response and support capability NEW BUSINESS: FINAL APPROVAL OF SALE OF SURPLUS REAL PROPERTY TO HAROLD T. BROOKS LIMITED PARTNERSHIP AN OUTPARCEL OF HELENA SCHOOL PROPERTY, TIMBERLAKE: County Attorney Ellis Hankins stated this potential sale of real property owned by Person County was before the Board of Commissioners on October 17, and the Board directed the County Attorney and staff to begin the process to sell the property under the statutory negotiated offer, advertisement and upset bid process, subject to final approval by the Board at a later meeting. The process as required by G.S. 160A-269 has been completed, and the County received no upset bids. Mr. Hankins noted the written offer in hand is to purchase a 2.33 acre outparcel of the Helena School property, located in Timberlake. Harold T. Brooks Limited Partnership (William Brooks and Roy Brooks) offered $11,650 (the value according to our appraisal report), plus the cost to Person County for the survey and appraisal ($2,825 and $500, respectively). Therefore, the total offer was $14,975. Should the Board wish to give final approval for the sale, Mr. Hankins said the following was the appropriate motion and action: Final acceptance of the pending offer and approval of sale, subject to a mutually acceptable contract of sale with the successful bidder. December 5, 2022 9 If the Board approves, the Mr. Hankins recommended that the Buyer retain an attorney and obtain a title opinion, and provide a completed contract of sale, and then both parties would proceed to closing. A motion was made by Vice Chairman Sims and carried 5-0 to approve final acceptance of the pending offer and approval of sale to Harold T. Brooks Limited Partnership for 2.33 acres outparcel of the Helena School Property in Timberlake. RESOLUTION ESTABLISHING 2023 SCHEDULE OF REGULAR MEETINGS FOR THE PERSON COUNTY BOARD OF COMMISSIONERS: County Manager Katherine Cathey stated North Carolina General Statute 153A-40 requires the Board of Commissioners to hold a regular meeting at least once a month. Ms. Cathey presented to the Board a Resolution Establishing 2023 Schedule of Regular Meetings for consideration, discussion and adoption. Ms. Cathey asked the Board to consider the proposed dates and take action to adopt a Resolution Establishing 2023 Schedule of Regular Meetings so to cause copy of such to be distributed and posted. A motion was made by Commissioner Puryear and carried 5-0 to adopt a Resolution Establishing 2023 Schedule of Regular Meetings for the Person County Board of Commissioners, as presented. December 5, 2022 10 December 5, 2022 11 December 5, 2022 12 FISCAL YEAR 2023-2024 BUDGET CALENDAR: County Manager Katherine Cathey said a budget calendar has been developed for the Board’s adoption, outlining a schedule for the timing of the budget process. A Board Retreat is proposed for February 21st, along with the Capital Improvement Plan adoption in April, Presentation of the Recommended Budget in May, a required Budget Public Hearing on June 5th and Adoption of the FY2023-2024 Budget Ordinance on June 19th. The dates outlined are subject to change if needed, but this will facilitate an organized budget process for staff and elected officials. Ms. Cathey asked the Board to adopt the budget calendar for FY2023-2024 and provide feedback and changes to staff as needed. A motion was made by Vice Chairman Sims and carried 5-0 to adopt the Fiscal Year 2023-2024 Budget Calendar, as presented. December 5, 2022 13 December 5, 2022 14 CHAIRMAN’S REPORT: Chairman Powell recognized Person County’s newly elected representative, Ray Jeffers, present in the audience; he added he was looking forward to working with him. Chairman Powell congratulated Mr. Roy Carver of Rocky Acre Farm for being awarded First Place at the NC State Fair for his alfalfa as well as receiving the Jim Green Award for Best in Show. Chairman Powell stated the local Christmas Parade was scheduled for Saturday, December 11, 2022. MANAGER’S REPORT: County Manager, Katherine Cathey congratulated Commissioners Puryear and Thomas on their election. Ms. Cathey reported the County’s Service Awards for five-year milestones would be recognized on Tuesday, December 6, 2022 to which all the commissioners received an invitation to attend. COMMISSIONER REPORT/COMMENTS: Vice Chairman Sims reported the recent Jingle on the Main event was well attended and deemed a success. Commissioner Palmer commented on his humbling experience attending the swearing-in ceremony for the new Sheriff Jason Wilborn noting he was looking forward to working with him. Commissioner Thomas thanked God, his wife, his daughter, his family and friends for their support of his election. He said he looked forward to working with his fellow commissioners. Commissioner Thomas bid congratulations to the new sheriff, Jason Wilborn. Commissioner Puryear congratulated Chairman Powell and Vice Chairman Sims on their new term in their roles on the Board noting he was looking forward to a great year ahead. He thanked his family and friends for supporting him to be reelected. Commissioner Puryear extended his congratulations to Representative Elect Ray Jeffers as well as congratulated Clerk of Court, Deborah Barker, Sheriff Jason Wilborn and Commissioner Thomas. Commissioner Puryear bid farewell to former sheriff Dewey Jones noting they both were elected at the same time and thanked him for keeping Person County safe for the last 16 years. December 5, 2022 15 Chairman Powell requested the County Manager to look into bring information to the Board in January on a proposal related to the possibility to make the Museum of History Director position full-time noting it was currently part-time. CLOSED SESSION #1 A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed Session #1 per General Statute 143-318.11(a)(6) at 6:58pm for the purpose to discuss personnel with the following individuals permitted to attend: Sheriff Jason Wilborn, County Manager Katherine M. Cathey, Clerk to the Board Brenda Reaves, and County Attorney Ellis Hankins. Chairman Powell called the Closed Session #1 to order at 7:00pm. A motion was made by Vice Chairman Sims and carried 5-0 to return to open session at 7:20pm. A motion was made by Commissioner Puryear and carried 5-0 to raise the annual salary of the Sheriff to $110,000. CLOSED SESSION #2 A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed Session #2 per General Statute 143-318.11(a)(6) at 7:22pm for the purpose to discuss personnel with the following individuals permitted to attend: County Manager Katherine M. Cathey, Clerk to the Board Brenda Reaves and County Attorney Ellis Hankins. Chairman Powell called the Closed Session #2 to order at 7:23pm. A motion was made by Commissioner Puryear and carried 5-0 to return to open session at 7:32pm. CLOSED SESSION #3 A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed Session #3 per General Statute 143-318.11(a)(3) at 7:33pm 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 M. Cathey, Clerk to the Board Brenda Reaves and County Attorney Ellis Hankins. Chairman Powell called the Closed Session #3 to order at 7:33pm. A motion was made by Vice Chairman Sims and carried 5-0 to return to open session at 7:40pm. December 5, 2022 16 ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 7:40pm. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman