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BOC Minutes August 20 2018approve August 20, 2018 1 PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 20, 2018 MEMBERS PRESENT OTHERS PRESENT Tracey L. Kendrick 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, August 20, 2018 at 9:00am in the Commissioners’ meeting room in the Person County Office Building. Chairman Kendrick called the meeting to order. Vice Chairman Powell offered an invocation and Commissioner Clayton led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Kendrick presented a request to add an item to the agenda for Home & Community Care Block Grant Revised Funding for FY2018-2019 and a Final Funding Report for FY2017-2018. A motion was made by Vice Chairman Powell and carried 5-0 to add an item to the agenda for Home & Community Care Block Grant Revised Funding for FY2018-2019 and a Final Funding Report for FY2017-2018, and to approve the agenda as adjusted. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Carter Lewis of 104 Whipporwhirl Drive, Semora, addressed the Board on behalf of himself and his wife, Missy, also present in the audience stating support of the proposed Ordinance on the agenda allowing alcohol to be served at 10:00am on Sundays. He announced that he and his wife are the new owners of the restaurant known as Buoys on Hyco Lake. Mr. Lewis indicated they and their chef would like to add a brunch menu. He requested the Board to approve the ordinance. Mr. Kirby McSherry of 9230 NC Hwy 57, Rougemont and Chef of Buoys on Hyco Lake stated support of the ordinance to allow the brunch alcoholic beverages to be served in Person County and asked the Board to support the community and local restaurants in this new opportunity. August 20, 2018 2 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 August 6, 2018, and B. Budget Amendment #3 NEW BUSINESS: FIRST READING OF A PROPOSED ORDINANCE TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES BEFORE NOON ON SUNDAYS AT LICENSED PREMISES: In the 2017 legislative session, the General Assembly passed State Law 2017-87 regulating alcoholic beverages. Section 4 of the law enacts new statues authorizing cities and counties to adopt a local ordinance allowing the sale of alcoholic beverages on licensed premises beginning at 10:00am on Sundays rather than the restriction of 12:00 noon on Sundays. No particular procedures are specified, so the general ordinance statues (GS153A-45) apply. The County Commissioners can adopt the ordinance upon first reading only by unanimous vote. If it does not pass unanimously, it must be considered at the board’s next regular meeting and may be adopted by a simple majority. No special notice or public hearing is required and this ordinance will only be applicable within the unincorporated areas of the county and applies to any ABC permit holder, which includes restaurants, hotels, and convenience stores. The Roxboro City Council would have to adopt their own ordinance or adopt a resolution to extend this ordinance within the city limits. County Manager, Heidi York clarified the effective date of the ordinance could be the date of ordinance adoption or any date the Board of Commissioners specified. Chairman Kendrick requested Board action on the proposed Ordinance to allow the sale of alcoholic beverages on Sundays at 10:00am. A motion was made by Commissioner Puryear and carried 4-1 to adopt an Ordinance to Allow the Sale of Alcoholic Beverages before Noon on Sundays at Licensed Premises. Commissioner Clayton cast the lone dissenting vote. As the action by the Board was not unanimous, a Second Reading of the proposed Ordinance will be placed on the Board of Commissioners’ September 4, 2018 agenda. August 20, 2018 3 GROUNDWATER MONITORING AT THE OLD LANDFILL: General Services Director, Ray Foushee made the Board aware of six groundwater wells at the old County landfill located on Cedar Grove Church Road which are sampled twice a year by the County’s consulting company with results sent to the NC Solid Waste Section for their review. Upon receiving the May 2018 report, the NC Waste Management and Environmental Quality sent the County a letter stating that the samples contained concentrations of various chemicals that exceed the NC Groundwater Standards. Mr. Foushee stated that Person County was subject to corrective actions and shall initially submit a Groundwater Assessment Plan to assess the cause, significance, and extent of the contamination. Mr. Foushee said Person County secured a Groundwater Assessment Plan Proposal from Smith Gardner, Inc., at an estimated cost for the corrective action report at $6,500. Smith Gardner anticipates the assessment will require the installation of up to four additional sampling wells and subsequent monitoring of those wells with projected costs at approximately $15,000. Mr. Foushee said the County has monitoring requirement at the old landfill for 30 years past closure which will term in 2024. Mr. Foushee requested the Board to approve the Smith Gardner Assessment Proposal noting the County has 90 days from June 25, 2018 to present the State an Assessment Plan. A motion was made by Commissioner Clayton and carried 5-0 to approve the Smith Gardner proposal as presented and to fund the requested $21,500 from Contingency. August 20, 2018 4 HOME & COMMUNITY CARE BLOCK GRANT REVISED FUNDING FOR FY2018-2019 AND FINAL FUNDING REPORT FOR FY2017-2018: Person County Senior Center Aging Services Director, Maynell Harper requested the Board’s approval of the Home & Community Care Block Grant (HCCBG) Revised Funding for FY2018-2019 and the final Funding Report for FY2017-2018 noting the changes were for corrective funding increased amounts. Ms. Harper said the HCCBG committee elected additional funding to proceed as follows for Person County funding allocations: FY2018-2019 HCCBG: Person County Senior Center $323,445 Person County DSS $ 34,507 $357,952 FY2017-2018 HCCBG: Person County Senior Center $311,843 The services funded at the Person County Senior Center include Congregate and Home Delivered Nutrition, Transportation, In-Home Aid II and III, Home Care CDS and Operations. The fund allocation through the Person County DSS are for In-Home Aide services Level II, and III. A motion was made by Commissioner Puryear and carried 5-0 to approve the Home & Community Care Block Grant revised funding for FY2018-2019 and the final funding report for FY2017-2018. August 20, 2018 5 August 20, 2018 6 August 20, 2018 7 August 20, 2018 8 August 20, 2018 9 CHAIRMAN’S REPORT: Chairman Kendrick reported on the great turnout from the community for the ribbon cutting at The Courier-Times’ new location on Main Street. MANAGER’S REPORT: County Manager, Heidi York reported the potential sale of Home Health and Hospice may be finalized by the end of October. She said the potential buyer was in the due diligence phase and the consultant would likely bring a contract for the Board at an upcoming Board meeting. COMMISSIONER REPORT/COMMENTS: Vice Chairman Powell commented that ribbon cuttings are fun and mean that there are increased businesses in the county. Commissioner Puryear reminded the group of the Chamber of Commerce’s Personality event to be held on August 24-25, 2018 in the Uptown area. Commissioner Clayton reminded the Board of the Kerr Tar Council of Government 2018 Annual Awards Banquet scheduled for September 27, 2018 noting he would be elected the Kerr Tar Council of Government Board’s Chairman for the upcoming year. Commissioner Jeffers invited the commissioners to the Dept. of Social Services ice cream social sponsored by the Social Services Board to promote morale among its employees. The ice cream social will be held on August 29, 2018 starting at 3:00pm. August 20, 2018 10 CLOSED SESSION #1 A motion was made by Commissioner Puryear and carried 5-0 to enter into Closed Session at 9:21am per General Statute 143-318.11(a)(6) for the purpose to discuss personnel with the following individuals permitted to attend: County Manager, Heidi York, and Clerk to the Board, Brenda Reaves A motion was made by Commissioner Jeffers and carried 5-0 to return to open session at 9:42am. A motion was made by Commissioner Jeffers and carried 5-0 to increase the County Manager’s salary by 4% following the Manager’s annual evaluation. ADJOURNMENT: A motion was made by Commissioner Jeffers and carried 5-0 to adjourn the meeting at 9:43am. _____________________________ ______________________________ Brenda B. Reaves Tracey L. Kendrick Clerk to the Board Chairman