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BOC Minutes August 21 2017approve August 21, 2017 1 PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 21, 2017 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 21, 2017 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 requested to add an item to the agenda for a requested easement by Duke Energy and to also add a Closed Session to discuss the acquisition of real property. A motion was made by Commissioner Jeffers and carried 5-0 to add to the agenda an item for a requested easement by Duke Energy as well as add an additional Closed Session to discuss the acquisition of real property and to approve the agenda as adjusted. RECOGNITION: RESOLUTION OF APPRECIATION: Chairman Kendrick read and presented a Resolution of Appreciation to Person County Retiree, Beverly Berned. August 21, 2017 2 August 21, 2017 3 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. Budget Amendment #3, and B. Tax Adjustments for August 2017 a. Tax Releases b. NC Vehicle Tax System pending refunds NEW BUSINESS: RURAL OPERATING ASSISTANCE PROGRAM ALLOCATIONS FISCAL YEAR 2017-2018: Person Area Transportation System Manager, Kathy Adcock presented the Fiscal Year 2017-2018 Rural Operating Assistance Program (ROAP) application for approval. Ms. Adcock stated the ROAP assists in three areas, Rural Operating Program (RGP), Employment (EMPL) and Elderly and Disabled Transportation (EDTAP). Ms. Adcock said the ROAP is a state appropriation totaling $147,128 with no local funding needed. Ms. Adcock noted the below summary of the disbursement of ROAP funds to other departments and Person Area Transportation. Person County has been allocated $147,128 by the state to assist with these transportation programs. Agency Allocation Person Area Transportation RGP $72,666 EDTAP $33,165 EMPL $ 8,000 Person County Senior Center EDTAP $12,000 Person Industries EDTAP $16,000 EMPL $ 3,297 Person County Group Homes EDTAP $ 2,000 TOTAL $147,128 A motion was made by Commissioner Jeffers and carried 5-0 to approve the Rural Operating Assistance Program Application and the disbursement allocations as presented. August 21, 2017 4 August 21, 2017 5 August 21, 2017 6 RESOLUTION AUTHORIZING PERSON COUNTY TO ENTER INTO AN AGREEMENT WITH NC DEPT. OF TRANSPORTATION FOR A FISCAL YEAR 2018 CAPITAL GRANT: Person Area Transportation System Manager, Kathy Adcock requested Board approval of a Resolution authorizing Person County to enter into an agreement with NC Department of Transportation for a Fiscal Year 2018 Capital Grant in the amount of $123,000. Ms. Adcock stated this grant was for the replacement of two vehicles that have reached their limited mileage. Ms. Adcock presented the grant agreement included 80% Federal funding in the amount of $98,400, 10% State funding in the amount of $12,300 and 10% Local Share or county funding in the amount of $12,300 for a grand total of $123,000. Ms. Adcock stated the local share was budgeted with the Public Transportation Grant that has been approved; this would break-out the funds from the Administration Budget to show up in the Capital Budget. Ms. Adcock said the replacement vehicles would be two high-top vans. A motion was made by Commissioner Puryear and carried 5-0 to adopt a Resolution authorizing Person County to enter into an agreement with NC Department of Transportation for a Fiscal Year 2018 Capital Grant. August 21, 2017 7 August 21, 2017 8 SALE OF SURPLUS PROPERTY UPDATE: Assistant County Manager, Sybil Tate reminded the Board that at its July 2017 meeting, the Board requested the sale of the following surplus properties: 1. “Old Senior Center building and green space”- .54 acres, record number 16471 2. “Old Hotel lot”- .49 acres, record number 10534 Ms. Tate updated the Board to on the bids received to date. She said one bid from Vice Chairman Kendrick was received for the “Old Senior Center building and green space” in the amount of $500.00 Staff has received two bids for the “Old Hotel lot” 1) in the amount of $1 from Hayden Newell and 2) in the amount of $1,000 from John Dixon. Ms. Tate noted the Board had a couple of options: 1) proceed with the upset bid process to adopt a resolution at the Board’s next meeting as the method to sale the surplus property, advertise as required for additional offers until no more offers are received, or 2) combine the two lots for sale together, instead of separately. As both properties currently have a bid, Ms. Tate further noted option #2 may not be a needed option. Chairman Kendrick offered to recuse himself from discussions and action of the Board as it was a conflict of interest. A motion was made by Commissioner Puryear and carried 4-0 to recuse Chairman Kendrick from the discussion and vote taken by the Board due to his submittal of an offer presenting a conflict of interest as well as Vice Chairman Powell to take over leading the meeting during this agenda item. County Attorney, Ron Aycock stated there was a statutory procedure for the upset bid process which includes publication in the newspaper and waiting for the required period, i.e. 30 days and when there are no further bids, the sale can be confirmed. Ms. Tate confirmed there was no minimum bid set by the Board and the Board has the right to refuse any offer. Commissioner Puryear suggested to keep the surplus property separate as there were current bids on both parcels and to proceed with the upset bid process, advertise as necessary and follow the state mandated time period, i.e., 30 days, to keep as transparent and public as possible. It was the consensus of the Board to follow Commissioner Puryear’s suggestion. August 21, 2017 9 REQUESTED EASEMENT BY DUKE ENERGY: Chairman Kendrick requested Board approval for an easement requested by Duke Energy noting Person County plans to install a Public Safety Tower on County property known as the Bushy Fork Ball Park. Once the tower is erected and approved, Duke Energy will need an easement to install a buried electrical power cable from an existing power pole in the parking lot to the tower site on the northwest end of the property with the buried line to be located between the gym and small field to the tower location. Chairman Kendrick said the presented easement was a standard agreement that Duke Energy uses with individuals as well as municipalities and corporations. Commissioner Puryear asked if the Chairman should recuse himself as he was an employee of Duke to which the County Attorney, Ron Aycock stated there was no requirement unless Chairman Kendrick owns more than 10% of the Duke stock. A motion was made by Commissioner Puryear and carried 5-0 to approve an easement as requested by Duke Energy as presented. August 21, 2017 10 August 21, 2017 11 August 21, 2017 12 CHAIRMAN’S REPORT: Chairman Kendrick thanked all workers, volunteers and individuals that adopted pets on August 19, 2017 in response to the “Clear the Shelter” event held at Animal Services. He also added that if there were any individuals interested in serving on the Animal Services Advisory Committee to contact the Clerk to the Board, Brenda Reaves as there has been low participation this past year at the meetings. MANAGER’S REPORT: County Manager, Heidi York reported she and Chairman Kendrick concluded their last meeting with volunteer fire departments last week with her notes will be forthcoming highlighting the recurrent themes. Ms. York stated the Research Triangle Regional Partnership was hosting a meeting next Thursday in Henderson noting a group of the Economic Development Commission will plan to attend; should any Board members be interested to let her know. Ms. York said the Economic Development Commission will hold its first meeting on August 30, 2017 starting at 8:00am. COMMISSIONER REPORT/COMMENTS: Commissioner Jeffers reminded the group of the ice cream social hosted by the Dept. of Social Services (DSS) Board for DSS employees to be held on Wednesday, August 30, 2017 at 3:00pm. Commissioner Jeffers stated that on September 14, 2017 Semora Fire Department will hold an engine dedication at 2:00pm. Commissioner Clayton reported he had a photo of the Person County 4-H participant from Person County attending the NC Association of County Commissioners annual conference in Durham County. Commissioner Puryear reported he had met with Piedmont Community College’s new President, Dr. Pamela Senegal. He said the Chamber of Commerce’s Personality event would be held on Friday from 5:00 to 9:00pm and all day on Saturday. Vice Chairman Powell thanked Manager York and Chairman Kendrick for holding the volunteer fire departments in his absence. August 21, 2017 13 CLOSED SESSION#1 A motion was made by Commissioner Vice Chairman Powell and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(5) at 9:19am 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 or proposed contract for the acquisition of real property by purchase, option, exchange, or lease 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. Closed Session #1 was called to order by Chairman Kendrick at 9:20am. A motion was made by Commissioner Jeffers and carried 5-0 to return to open session at 9:34am. CLOSED SESSION#2 A motion was made by Commissioner Jeffers and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(5) at 9:35am 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 or proposed contract for the acquisition of real property by purchase, option, exchange, or lease with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and Assistant County Manager, Sybil Tate. A motion was made by Vice Chairman Powell and carried 5-0 to return to open session at 10:11am. A motion was made by Commissioner Jeffers and carried 3-2 to direct staff to issue a Request for Proposal to inquire with a business to operate a transfer station at the old landfill site. Vice Chairman Powell and Commissioners Clayton and Jeffers voted in favor of the motion. Chairman Kendrick and Commissioner Puryear cast the dissenting votes. August 21, 2017 14 CLOSED SESSION#3 A motion was made by Vice Chairman Powell and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(6) at 10:13am 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 10:35am. A motion was made by Commissioner Jeffers and carried 5-0 to approve a 3% merit pay increase to the Manager’s salary based on the County’s Manager’s evaluation. CLOSED SESSION#4 A motion was made by Commissioner Jeffers and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(5) at 10:36am to consider the acquisition or lease of real property with the following individuals permitted to attend: County Manager, Heidi York, and Clerk to the Board, Brenda Reaves. A motion was made by Commissioner Puryear and carried 5-0 to return to open session at 10:43am. ADJOURNMENT: A motion was made by Vice Chairman Powell and carried 5-0 to adjourn the meeting at 10:43am. _____________________________ ______________________________ Brenda B. Reaves Tracey L. Kendrick Clerk to the Board Chairman