BOC Minutes January 22 2018approve
January 22, 2018
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PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 22, 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, January 22, 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 gave an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Kendrick stated the County Attorney requested to add an item to the
agenda for discussion and action of a resolution and a contingent fee agreement related to
finalizing opioid litigation authority.
A motion was made by Commissioner Puryear and carried 5-0 to add an item to
the agenda for discussion and action of a resolution and a contingent fee agreement related
to finalizing opioid litigation authority and to approve the agenda as adjusted.
RECOGNITION:
RESOLUTION OF APPRECIATION:
Chairman Kendrick read and presented a Resolution of Appreciation to Person
County Retiree, Stella Williams.
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INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. David Newell of 256 Newell Drive, Roxboro, and Chairman of the Economic
Development Commission requested Board consideration to extend voting privileges to
the City of Roxboro representative on the Economic Development Commission.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of January 8, 2018,
B. Budget Amendment #11,
C. Request for the Sheriff Dept. to apply for Grants, and
D. Tax Adjustments for January 2018
a. Tax Releases
b. NC Vehicle Tax System pending refunds
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NEW BUSINESS:
RESOLUTION REGARDING K-3 CLASS SIZE REDUCTION
IMPLEMENTATION BY PERSON COUNTY COMMISSIONERS:
Commissioner Clayton presented a Resolution Regarding K-3 Class Size
Reduction Implementation for consideration for adoption noting the NC Association of
County Commissioners advocated that Board’s adopt. He added that he felt this unfunded
mandate passed down by the state to counties needed to be addressed. Commissioner
Clayton stated the General Assembly will meet in special session in March and he
advocated for Person County to adopt the resolution, as other counties were doing so to
urge legislators to include state funding as they implement K-3 class size reductions.
County Manager, Heidi York pointed out in the resolution cites Person County
Schools’ unmet needs due to the K-3 Class Size Reduction Implementation noting an
additional $500,000 in capital above and beyond what is appropriated plus 15 new teachers
will be required and four new classrooms.
Chairman Kendrick said by law the state has to pay for salary and benefits of the
employees of the school system and passing this mandate to individual counties causes an
undue burden of the citizens of Person County.
Vice Chairman Powell stated many decisions made in Raleigh have unintended
consequences on the local level especially in smaller counties. He added that class size
does matter with the outcome of teaching. Vice Chairman Powell said that communicating
with the two state representatives and the entire Education Committee was very important
for the Board; he asked for support of the resolution to seek the funding by the state to
accommodate smaller class size.
Commissioner Jeffers asked if Teacher Assistants (TAs) would still be required if
the class size was lowered. Vice Chairman Powell stated those standards would remain
noting the local district may have to make some concessions. Vice Chairman Powell stated
other classes, i.e. physical education may be at risk to be eliminated to accommodate the
new class size.
A motion was made by Commissioner Jeffers and carried 5-0 to adopt a
Resolution regarding K-3 Class Size Reduction Implementation, as presented with a copy
to be sent to the County’s House and Senate representatives.
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JUVENILE CRIME PREVENTION COUNCIL APPOINTMENT:
Clerk to the Board, Brenda Reaves informed the Board that due to his upcoming
retirement, Chief District Court Judge Mark Galloway resigned from Person County’s
Juvenile Crime Prevention Council on December 18, 2017 and has recommended District
Court Judge John Hoyte Stultz III to be appointed as his replacement until such time the
new Chief Judge is named. The seat designated for the Chief District Court Judge has an
unexpired term to Dec. 31, 2018. Ms. Reaves asked the Board to take consideration to
appoint for the full 2-year term with the condition that the newly named Chief District
Court Judge, by virtue of the position, will be recommended for appointment.
A motion was made by Commissioner Puryear and carried 5-0 to appoint District
Court Judge John Hoyte Stultz III to the Juvenile Crime Prevention Council to serve in the
seat designated for the Chief District Court Judge for a 2-year term or until a Chief District
Court Judge is named in Person County.
A RESOLUTION AND A CONTINGENT FEE AGREEMENT RELATED TO
FINALIZING OPIOID LITIGATION AUTHORITY:
County Attorney, Ron Aycock reminded the Board that at its November 20, 2017
meeting, the Board authorized the engagement of law firms to pursue litigation on its behalf
against Manufacturers and Distributors of Opioid drugs. Mr. Aycock stated the law firms
have requested a particular form of action authorizing this pursuit, a resolution setting forth
some findings. Mr. Aycock presented a resolution declaring the opioid crisis a public
nuisance which must be abated for the benefit of Person County and its residents and
citizens, noting there was no substantive difference from the action the Board took at its
previous meeting.
Additionally, Mr. Aycock requested the Board to formally authorize the contingent
fee arrangement with the law firms (Fuller et al). Mr. Aycock said the agreement specifies
the law firms which will be involved on behalf of the County. It specifies a 25% contingent
fee and provides that in no event will the county be required to expend any moneys for
litigation expenses or be responsible for any part of the expenses or 25% fee from County
funds. Mr. Aycock stated he requested the last provision that relieves the County from
paying any funds from its own funds.
Mr. Aycock requested the Board to adopt the resolution presented as well as to
approve the Contingent fee agreement.
A motion was made by Commissioner Clayton and carried 5-0 to adopt a
resolution declaring the opioid crisis a public nuisance which must be abated for the benefit
of Person County and its residents and citizens and the Contingent Fee Agreement to hire
the national group of law firms to pursue litigation on behalf of Person County, as presented
by the County Attorney.
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CHAIRMAN’S REPORT:
Chairman Kendrick thanked the community for being engaged with the volunteer
fire departments funding by providing input, ideas and perspective related to the request to
the County for additional funding.
MANAGER’S REPORT:
County Manager, Heidi York stated the Board’s next meeting would be its annual
Board Retreat on February 5, 2018 with arrival by 8:30am and the retreat to start at 9:00am
at the Timberlake Public Safety Satellite Facility. She also noted that Person County
Business Industrial Council will hold a joint meeting with the Board of Commissioners and
Roxboro City Council on January 23, 2018 at 2:00pm in Room S-100 at Piedmont
Community College as well as a goal setting retreat on February 26, 2018 starting at
9:00am to 4:00pm at Carolina Pride’s facility.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers requested that the Economic Development Commission
Chairman’s request for the City of Roxboro’s representative to have voting privileges be
placed on the February 5, 2018 Board Retreat agenda.
Commissioner Clayton thanked the Board for its support of the Resolution related
to K-3 Class Size Implementation noting the state many times impacts local funding with
its mandates. In addition, he opined that House Bill 56 was bad for local governments and
will cost counties money. Commissioner Clayton encouraged his fellow commissioners to
speak with legislators relating to these bills that impact local government without the
needed funding.
Commissioner Puryear reported the annual Roxboro Area Chamber of Commerce
Banquet will be held on January 25, 2018 at Palace Pointe.
Vice Chairman Powell reported the Economic Development Commission meeting
scheduled for January 23, 2018 was cancelled.
Vice Chairman Powell commented on the letters the Board has received from
volunteer fire departments (VFDs) and rescue indicating their plans for the upcoming
budget year. He noted there were misconceptions related to the two proposals before the
Board, comparing the designated fire tax to the sales tax designated to funding VFDs. Vice
Chairman Powell stated he was not taking sides at this point with a fire tax district or a
designated sales tax noting he wanted a more complete understanding of the two proposals.
He explained that a fire tax district or a designated sales tax could change annually, with
funding maintained, increased, reduced or eliminated by county officials during any given
budget process. Vice Chairman Powell said that funds are budgeted and levied each year
by the Board of Commissioners noting there was no state mandate to fund VFDs.
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Vice Chairman Powell used the example that should the County levy a 4% tax, that
tax could be maintained, increased, reduced to zero at any budget session. He said any
such tax would not be an absolute.
CLOSED SESSION #1
A motion was made by Vice Chairman Powell and carried 5-0 to enter into Closed
Session per General Statute 143-318.11(a)(5) at 9:32am 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 (i) the price and other material terms of a contract or
proposed contract for the acquisition of real property by purchase, option, exchange, or
lease; or (ii) the amount of compensation and other material terms of an employment
contract or proposed employment contract with the following individuals permitted to
attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney,
Ron Aycock, Assistant County Manager, Sybil Tate, IT Director, Chris Puryear and 911
Communications Manager, Brett Wrenn.
Chairman Kendrick announced a brief recess at 9:32am and reconvened the
meeting for Closed Session #1 at 9:38am.
A motion was made by Commissioner Jeffers and carried 5-0 to return to open
session at 9:43am.
A motion was made by Commissioner Jeffers and carried 5-0 to deny the City of
Roxboro’s request to fund 25% of the up-fit for the 911 Communications Tower.
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CLOSED SESSION #2
A motion was made by Vice Chairman Powell and carried 5-0 to enter into Closed
Session per General Statute 143-318.11(a)(3) at 9:44am 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, Heidi York, Clerk to the Board, Brenda
Reaves, County Attorney, Ron Aycock, Health Director, Janet Clayton and CliftonLarson
Allen Principal, Gary Massey.
A motion was made by Commissioner Jeffers and carried 5-0 to return to open
session at 10:24am.
A motion was made by Commissioner Puryear and carried 5-0 to authorize staff
to enter into a contract with CliftonLarsonAllen LLP for the assistance with the
consideration of a sale and conveyance of Home Health and Hospice.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 10:26am.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman