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10-21-2019 Meeting Minutes BOC October 21, 2019 1 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 October 21, 2019 2 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: October 21, 2019 3 October 21, 2019 4 October 21, 2019 5 October 21, 2019 6 October 21, 2019 7 October 21, 2019 8 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. October 21, 2019 9 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. October 21, 2019 10 October 21, 2019 11 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. October 21, 2019 12 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. October 21, 2019 13 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. October 21, 2019 14 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. October 21, 2019 15 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. October 21, 2019 16 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