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07-22-2019 Meeting Minutes BOCa July 22, 2019 1 PERSON COUNTY BOARD OF COMMISSIONERS JULY 22, 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, July 22, 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 and Sheriff Dewey Jones 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: GOVERNOR’S AWARD FOR VOLUNTEER SERVICE: Chairman Newell and the county commissioners presented the Governor’s Volunteer Service Award to a dedicated volunteer, Ms. Nikki Williams. The Governor's Volunteer Service Award honors the true spirit of volunteerism and the Board along with staff wanted to publicly recognize her and let her know that she makes a significant contribution to her community through her volunteer service at the Person County Animal Services. Ms. Nikki Williams has devoted at least two days a week around five hours each day since 2012. She has done a number of fundraisers for the shelter animals and has been a big part in changing the public’s perception of our shelter. She also scheduled home schooled children for volunteering; she helps with education days when daycares and school classrooms come to visit. The Board and staff thanked Ms. Williams for her dedication, time and effort on behalf of the citizens and animals of Person County. July 22, 2019 2 PRESENTATION OF SOFT BODY ARMOR GRANT TO SHERIFF’S OFFICE: Mr. Bob Carruth, Risk Control Manager and Mr. Bill Halliburton, Law Enforcement Specialist, both representatives of the North Carolina Association of County Commissioners presented the Person County Sheriff’s Office with a Soft Body Armor Grant. In September of 2018, the North Carolina Association of County Commissioners Risk Management program established the Soft Body Armor Reimbursement Program. The program will reimburse eligible members up to 100% of the costs of soft body armor through the Workers Compensation Pool for a maximum of $500.00 per garment, until funds are exhausted. Qualified Sheriff’s Offices are eligible for reimbursement for three (3) ballistic vests per fiscal year, which totals $1,500. The goal of this program is simple – to provide resources and tools that the local sheriff can use to better protect their officers and the public, while reducing the risk of injury and loss -- “Protecting Those Who Protect Us”. This presentation was to recognize that the Person County Sheriff’s Office was the first member of the Workers Compensation Pool to take advantage of this program. Mr. Carruth presented Sheriff Dewey Jones a check for $1,500 for the Person County Sheriff’s Office reimbursement for Soft Body Armor. INFORMAL COMMENTS: There were no comments from the public. July 22, 2019 3 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 June 11, 2019, B. Approval of Minutes of June 17, 2019, C. Budget Amendment #1, D. Budget Amendment #2 CIP, E. DSS Attorney Contracts for Fiscal Year 2019-2020 with primary attorney, Tom Fitzgerald, and secondary attorneys, Julie Ramsey and Joe Weinberger, Jr., F. Home and Community Care Block Grant for Older Adults County Funding Plan for Fiscal Year 2018-2019 Revision #2 Final Report, G. Home and Community Care Block Grant for Older Adults Agreement between Person County and Kerr-Tar Area Agency on Aging for Fiscal Year 2019-2020, and H. Tax Adjustments for July 2019 a. Tax Releases b. NC Vehicle Tax System pending refunds NEW BUSINESS: TAX COLLECTOR SETTLEMENT: Tax Administrator, Russell Jones stated as required by North Carolina General Statue 105-373(a)(3), an annual settlement for taxes for the current fiscal year and all previous years must be made with the governing body of the taxing unit. Mr. Jones presented the 2018 Tax Collector Settlement Report: July 22, 2019 4 July 22, 2019 5 July 22, 2019 6 July 22, 2019 7 July 22, 2019 8 A motion was made by Commissioner Powell and carried 5-0 to accept the 2018 Tax Collector Settlement Report, as presented by Mr. Jones. July 22, 2019 9 ORDER TO COLLECT TAXES: Tax Administrator, Russell Jones stated as required by North Carolina General Statute 105-321, the governing board of the taxing unit must issue an order of collection to tax collectors. This gives the tax collector legal authority to collect taxes. A motion was made by Chairman Newell and carried 5-0 to direct the Tax Collector to collect taxes for 2019 and all delinquent taxes from prior years. July 22, 2019 10 RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS UNDER NC GENERAL STATUTE 143-129(G) AND APPROVAL OF CONTRACT FOR PURCHASE OF PERMITTING SOFTWARE: Interim Assistant County Manager Laura Jensen presented a Resolution Waiving Competitive Bidding Requirements and a Tyler Technologies contract for consideration for approval. Ms. Jensen stated the funding for the purchase of new permitting software was approved in the Fiscal Year 2020 Capital Improvement Plan. This software will be used by Planning and Zoning, Inspections, GIS, and Environmental Health at a cost of $145,000. Under North Carolina General Statute 143-129(g), the county may enter into a contract without undergoing the competitive bidding process if a unit of government in another state has entered into a contract within a 12- month period with a vendor for the same type of equipment, if that unit of government utilizes a public, formal bid process for purchasing similar to that required by NC law. St. Lucie County, Florida entered into a contract with Tyler Technologies on November 12, 2018 for permitting software, and offered Person County the same or better costs, terms, and conditions as it did for St. Lucie County. The City of Roxboro will also participate in the contract and will fund the purchase of the software based upon their license usage. A motion was made by Commissioner Puryear and carried 5-0 to adopt a Resolution Waiving Competitive Bidding Requirements under NCGS 143-129(g) and awarded the permitting software contract to Tyler Technologies. July 22, 2019 11 July 22, 2019 12 July 22, 2019 13 July 22, 2019 14 July 22, 2019 15 July 22, 2019 16 July 22, 2019 17 ADDITION OF COMMUNITY TRAINING MATERIALS FEE: Interim Assistant County Manager, Laura Jensen stated Emergency Medical Services will begin conducting Family and Friends CPR classes for the community in Fiscal Year 2020. To cover the cost of the materials, a fee of $7 per participant will be assessed. Ms. Jensen requested this new fee be added to the FY2020 adopted fee schedule for Person County. A motion was made by Commissioner Puryear and carried 5-0 to approve the addition of the Community Training Materials Fee of $7 per participant to the FY2020 adopted fee schedule. APPOINTMENT TO BOARDS AND COMMITTEES: The Person County Board of Commissioners solicits volunteers through advertisement in the local newspaper as well as posted on the county web site to fill positions that are vacant on boards, commissions, authorities, and committees. Clerk to the Board, Brenda Reaves presented the following to applicants for consideration for appointment: Juvenile Crime Prevention Council 1-Year Initial Term: 2-Year Reappointment 1 position for a person under the age of 18 serving on the State Youth Council (no applications received) 1 position representing the faith community, 1) Teresa Johnson requested reappointment 2-Year Term: 1 position for the Chief of Police or his designee; (no applications received) A motion was made by Vice Chairman Jeffers and carried 5-0 to reappoint Teresa Johnson to represent the faith community on the Juvenile Crime Prevention Council for a 2-year term. Industrial Facilities and Pollution Control Financing Authority 6-Year Term: 5 positions available 1) Dennis Herman requests appointment Note: Mr. Herman stated he is only available approximately eight months per year, October through May as he resides in New York the other four months of the year. It was the consensus of the Board of Commissioners to take the Industrial Facilities and Pollution Control Financing Authority vacancies to the Economic Development Commission (EDC) for discussion and action to fulfill with members from the EDC. July 22, 2019 18 Board of Health 3-Year Term: 1 position for an optometrist General Statutes allow for the County to appoint from the general public when there are no interested citizens to represent in their capacity as an optometrist. This has been the practice for this positon in the past. The Clerk reported that there were no applications received from an optometrist. Two general public applications have been submitted for Board consideration: 1) Kenneth Strachan requested appointment 2) Dr. Stephen Saunders requested reappointment It was the consensus of the Board of Commissioners to include the two applicants for the Board of Health in the informal interviews scheduled for August 5, 2019 starting at 6:00pm. Ms. Reaves updated the Board on the following two boards with developments that impacted the action of the Board of Commissioners on June 17, 2019 to conduct informal interviews with the applicants on August 5, 2019 starting at 6:00pm. Board of Adjustment 3-Year Term: 1 position available 1) Andrew Withers withdrew his application on 7/15/2019 2) Shelia McGhee requested appointment Ms. Reaves reminded the Board of Commissioners that the Board of Adjustment has one position as an alternate. Mr. Charles Harvey serves as the alternate (non-voting member). Planning Board 3-Year Term: 2 positions available plus 1 position for an unexpired term to 6/30/20 1) Derrick Smith withdrew his application on 7/15/2019 2) W. Barry Walker requested reappointment 3) Shelia McGhee requested appointment A member of the Planning Board, Kenneth Malcolm Montgomery has resigned his seat on the Planning Board on 7/1/19 due to a change in his work schedule. His resignation presented a vacancy for the remainder of term to June 30, 2020. Benjamin Gault submitted an application of interest on July 18, 2019 for the Planning Board. A copy of his application was at the commissioners’ seats for consideration. July 22, 2019 19 A motion was made by Commissioner Clayton and carried 5-0 to move Charles Harvey from Alternate to a full voting member on the Board of Adjustment and to reappoint Barry Walker and appoint Shelia McGhee to the Planning Board, each for a 3- year term and to appoint Benjamin Gault to fulfill the unexpired term to June 30, 2020 on the Planning Board. CHAIRMAN’S REPORT: Chairman Newell had no report. MANAGER’S REPORT: County Manager, Heidi York reported the following:  The Board of Health and the Commissioners would meet jointly this date at 6:00pm in the FEMA room,  The Economic Development Commission would meet on July 23, 2019 starting at 1:00pm for a strategic planning session in the new facility (former workforce development location which now houses the PATS and Economic Development), and  Requested commissioners to pick up their new county-owned cell phone devices, if not already done so; she noted the new cell phone numbers are on the commissioners’ web page and if any commissioners were opting out of the program to please let her know. COMMISSIONER REPORT/COMMENTS: Commissioner Powell reported the NC Dept. of Transportation committee has reviewed and approved the County’s Resolution dedicating a section of the Mt. Harmony Church Road in Person County to commemorate the service of World War I Veteran, First Lieutenant George Hamilton Yarborough, Jr., and will next be read before the NC Transportation Board on August 8, 2019 for consideration for approval. Upon approval, a local ceremony will be scheduled for later this year. There was no report or comments by Commissioners Clayton, Puryear and Jeffers. July 22, 2019 20 CLOSED SESSION #1 A motion was made by Commissioner Powell and carried 5-0 to enter Closed Session per General Statute 143-318.11(a) (5) at 9:49am to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a contract with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and Interim Assistant County Manager, Laura Jensen. A motion was made by Vice Chairman Jeffers and carried 5-0 to return to open session at 10:18am. RECESS: A motion was made by Vice Chairman Jeffers and carried 5-0 to recess the meeting at 10:18am until 6:00pm at the FEMA Room for the purpose to attend the Board of Health’s meeting and be included in the Board of Health’s closed session per General Statute 143-318.11(a)(6) to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee (personnel). _____________________________ ______________________________ Brenda B. Reaves David B. Newell, Sr. Clerk to the Board Chairman