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04-21-2025 Meeting Minutes BOCApril 21, 2025 1 PERSON COUNTY BOARD OF COMMISSIONERS April 21, 2025 MEMBERS PRESENT OTHERS PRESENT Kyle Puryear Katherine M. Cathey, County Manager Jason Thomas Michele Solomon, Clerk to the Board Sherry Wilborn T.C. Morphis, Jr., County Attorney Antoinetta Royster Tracy Ellixson-ABSENT The Board of Commissioners for the County of Person, North Carolina, met in Regular session on Monday, April 21, 2025 at 9:00 a.m.in the Commissioners’ Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC. Chairman Puryear called the meeting to order and recognized a quorum was present. Vice-Chairman Thomas offered an invocation, and Commissioner Royster led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Puryear stated that he would like to add an item immediately at the adoption of the agenda to discuss the qualifications of serving on the Board of County Commissioners. A motion was made by Commissioner Wilborn and carried 4-0 to approve the agenda with the additional agenda item. QUALIFICATIONS OF SERVING ON THE BOARD OF COUNTY COMMISSIONERS County Attorney T.C. Morphis, Jr. stated that late last week he was informed that Commissioner Tracy Ellixson, who has been on leave of absence for several meetings, has filed a lawsuit in Person County District Court. He stated that the only relevant item of the lawsuit for the Board’s purposes is that Ellixson is listed as a citizen and resident of the state of Virginia. He stated that he spoke to Ellixson on Friday of last week and was informed by Ellixson that he is still a resident in Person County. He stated that Ellixson advised that he would need to contact his attorney who is handling that matter. He stated that as of right now, there is a sworn statement by Ellixson that he is a citizen and resident of Virginia. He stated that Ellixson has asked that the Board extend his leave of absence for one more Board meeting, so that he could have time to confer with his attorney. He stated that the Board needs to have a discussion about next steps. April 21, 2025 2 Morphis advised that there are several possible next steps. He stated that the Board could extend Ellixson’s leave of absence, or they could declare the seat vacant. Chairman Puryear stated that he had questions regarding the disqualification process. He asked Morphis if there is any way to get a statement from the State Board of Elections and the School of Government. He stated that he talked to Ellixson on Friday and told him what was going to be discussed at the meeting today and also advised him that any resident could go to the Board of Elections. Morphis stated that there are a couple of ways that someone’s eligibility to be an elected official or a county commissioner can be challenged. He stated that one, the Board, if there is sufficient evidence, can declare a vacancy, and two, any citizen can go to the local Board of Elections to file a complaint asking for an investigation. Puryear stated that his biggest concern is future votes being compromised from the Board and potentially being legally challenged. Morphis stated that he was in agreement with Puryear. He stated that it is his recommendation that the Board either extends the leave of absence or declare a vacancy. He stated that at this point until Ellixson’s residency has been settled, allowing him to vote as a member of the Board could compromise the County on any vote that he participates in. Commissioner Wilborn stated that she would like for the record to clarify, that when Morphis stated extend the leave of absence for Ellixson, that the Board never voted to allow him a leave of absence. She stated that the email that she saw that came from Ellixson, declared that he was taking a leave of absence and requested that the County Manager suspend any payments to him during that time. She stated that the Board has never taken action, which is a misconception in the public. She stated that the court document that Morphis referenced was dated for Monday, April 14, 2025 and that Ellixson swore to his attorney, who was the notary, that he was a resident of Virginia. She stated that Morphis advised that he spoke to Ellixson on Friday, April 18, 2025, and that Ellixson stated he was a resident of Person County. She stated that the only way that she sees that being different, is if it was not true when he said it, which is perjury and a felony or that he moved between Monday and Friday, which Morphis indicated that Ellixson did not state that. She stated that she does not know what Ellixson’s attorney would say that would change the document signed and sworn one week ago that he is not a resident of North Carolina. She read part of a blog from Coates’ Canon with the School of Government that references the eligibility requirements and disqualifications for elected office as a county commissioner. The blog states that a sitting board member becomes disqualified most likely by moving outside the jurisdiction but also being convicted of a felony, and that he or she must leave office and that votes that are cast as a sitting member after the disqualification is discovered are subject to challenge and actions of the Board can be thrown into question, therefore the member should resign. Wilborn mentioned the oath of office that was taken to be sworn in as a commissioner, and referenced that according to NC General Statute 153A-101, the board of commissioners has and shall exercise the responsibility of developing and directing the fiscal policy of the county government under the provisions and procedures of the Local Government Budget and Fiscal Control Act. She stated that one of the biggest responsibilities is approving a budget. Wilborn stated that approving a budget is more than being here to adopt the budget in June. She stated that the first thing on the budget calendar was the annual retreat on February 18, 2025, which Ellixson was not present for. She stated that the second thing related to budget was the Capital Improvement Plan (CIP) presentation, which he was not present for. She stated that and today on the agenda is the adoption of the CIP, which again, he is not present for. She stated that in the last article that the paper wrote they indicated that Ellixson was eligible to return today. She stated that Ellixson has been eligible as far as the Board knew, to be at every meeting, and he willfully chose not to be. She stated that the Board does not know when he moved, but today Ellixson is not eligible to be here because one week ago he swore that he was not a resident of Person County or North Carolina. Chairman Puryear stated that he agrees with Wilborn and what has been said about the leave of absence. He stated that there is no such thing as a leave of absence. He stated that the Board of Commissioners cannot grant a leave of absence to a commissioner, however they can excuse a commissioner from a meeting, as well as excuse a commissioner from voting on a particular topic. He stated that the email Ellixson sent back in February was just letting the Board know that he was not going to be at any of the meetings for the next eight weeks. A motion was made by Commissioner Wilborn to declare a seat vacant on the Board of Commissioners. The motion failed to carry with a 2-2 vote. Chairman Puryear and Commissioner Royster voted in opposition, while Vice-Chairman Thomas and Commissioner Wilborn voted in favor of the motion. A motion was made by Commissioner Royster and carried 3-1 to table this item to the May 5, 2025 meeting. Commissioner Wilborn voted in opposition. VOLUNTEER APPRECIATION MONTH PROCLAMATION Chairman Puryear read a Proclamation recognizing April as Volunteer Appreciation Month. The Board recognized volunteers in attendance for their service. A motion was made by Vice-Chairman Thomas and carried 4-0 to adopt a Proclamation recognizing April as Volunteer Appreciation Month. April 21, 2025 3 April 21, 2025 4 April 21, 2025 5 CHILD ABUSE PREVENTION MONTH PROCLAMATION Social Services Director Carlton Paylor read a Proclamation recognizing April as Child Abuse Prevention Month. A motion was made by Commissioner Royster and carried 4-0 to adopt a Proclamation Recognizing April as Child Abuse Prevention Month. April 21, 2025 6 April 21, 2025 7 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Amanda Hayes-Bowman of 132 Canterbury Road, Roxboro stated that she is a resident of Roxboro. She stated that she is here to speak on the need for a public pool in Person County. She stated that a public pool offers numerous benefits to the community including jobs, increased patronage to local businesses, and a place for people of all ages to enjoy time and create memories. She stated that she and her family drive to Chapel Hill every Sunday afternoon to take her three-year old to swim lessons as there is no place for him to learn to swim in Roxboro. She stated that she is aware of private pools in Person County but that is not feasible for most families. She stated that many children in Person County are having to grow up without learning to swim, and that many adults in Person County still live with a fear of water because they grew up without access to a pool. She stated that knowing how to swim is not just a recreational skill, that it is a fundamental life-saving ability. She stated that all kids, regardless of race or class should have a safe inclusive and affordable place to play. She stated that swimming is also a source of exercise accessible to people of all ages and can be a lifelong activity to promote physical and mental health. She requested the Board to apply for the Thriving Communities Grant under the EPA to help fund this project. Theresa Torian of 959 Mollie Mooney Road, Roxboro stated that she lives in Allensville. She stated that she is in support of a public swimming pool. She stated that she was one of nearly 60% of voters who voted yes in 2008 for the referendum on the pool. She stated that the pool would benefit many of Person County residents. She stated that she has a chronic health condition that causes her pain daily, and there is no cure for her condition. She stated that there are recommended conservative therapies that can help slow the progression, and the most recommended of these therapies is pool therapy. She stated that each time she sees a specialist for her symptoms, she is encouraged to get in the water as much as possible. She stated that she lives in an area with no public pool, and would have to drive a distance to access a YMCA or a recreation center, which is not feasible. She stated she understands that there are multiple private pools located in Person County, however she is uncomfortable joining these private pools because historically many of those pools have excluded families that look like hers. She stated that she and her family would benefit tremendously from a public pool. She stated that the Board has an opportunity to listen to their constituents today. She stated that a public pool would keep money circulating here in Person County. April 21, 2025 8 Julie Nye of 407 River Trace Drive, Rougemont stated that she lives in the Mount Tirzah township of Person County and has been a resident here for the past twenty-one years. She stated that she is in favor of a public swimming pool. She stated that a pool would contribute to the overall quality of life here in Person County. She stated that it would give kids something to do while boosting economic development efforts. She stated that everyone should be able to know how to swim, and not knowing how to, is a safety issue. She stated that knowing how to swim is a confidence builder and that we need to give every kid in Person County the confidence to enjoy the water resources. Sam Lias of 943 Morreene Road, Durham stated that she is the Community Organizer for Person County with Down Home North Carolina. She stated that Down Home is a non-partisan organization that works in rural communities to ensure housing, education, healthcare, economic opportunity, and access to clean air and water are rights and not just luck. She stated that she resides in Durham. She stated that she has knocked on over 200 doors here in Person County and one thing she continues to hear is, Person County needs a public swimming pool. She stated that Person County deserves a place where children can learn to swim. She stated that a public pool is not a luxury, that it is an investment in the health, future, and safety of residents in Person County. She asked the Board to consider prioritizing funding for a public pool. She stated that there are federal grants through the Thriving Communities Grant through the EPA, providing up to $350K for community infrastructure projects. She stated that she would be happy to support the Board with any information that they need. Kendra Coggins of 256 Tanglewood Circle, Roxboro stated that she has been a resident of Person County since 2019. She stated that she is here today to ask the Board to invest in a public swimming pool for Person County. She stated that the pool would be a small cost for a great benefit. She stated that over 80 people have lost their lives at Hyco and Mayo Lake. She stated that a grant came through this commission twice to build a pool and was denied, as well as the YMCA. She stated that John Hill worked on a beautiful pool with a beautiful plan, that was denied. She stated that it is time to fix this by having a public swimming pool, and that it is not a race issue, it is a class issue with the private pools in the County. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Wilborn and carried 4-0 to approve the Consent Agenda with the following items: A.April 21, 2025 Minutes B.Budget Amendment #19 C.Amendment to the Resolution Establishing 2025 Schedule of Regular Meetings for the Board of Commissioners April 21, 2025 9 NEW BUSINESS: OPIOID SETTLEMENT FUNDING RECOMMENDATION AND UPDATE Health Director Janet Clayton presented the following: KƉŝŽŝĚ^ĞƩůĞŵĞŶƚĚǀŝƐŽƌǇŽŵŵŝƩĞĞ- &ƵŶĚŝŶŐZĞĐŽŵŵĞŶĚĂƟŽŶ :EdK. >zdKE, WZ^KEKhEdzWh>/,>d,/ZdKZ ,ŝƐƚŽƌǇ •dŚĞEŽƌƚŚĂƌŽůŝŶĂŽƉŝŽŝĚƐĞƩůĞŵĞŶƚŝƐƉĂƌƚŽĨĂ56 billion -dollar ŶĂƟŽŶĂůƐĞƩůĞŵĞŶƚǁŝƚŚŽƉŝŽŝĚŵĂŶƵĨĂĐƚƵƌĞƌƐ, ĚŝƐƚƌŝďƵƚŽƌƐ, and ƉŚĂƌŵĂĐŝĞƐĂĐĐƵƐĞĚŽĨĨƵĞůŝŶŐƚŚĞŽǀĞƌĚŽƐĞĐƌŝƐŝƐ. •&ƌŽŵƚŚĞEŽƉŝŽŝĚƐĞƩůĞŵĞŶƚ, WĞƌƐŽŶŽƵŶƚǇĂŶƟĐŝƉĂƚĞƐƌĞĐĞŝǀŝŶŐ $4,866,207 ďĞƚǁĞĞŶ2022 and 2038. •dŚĞEDKŐŽǀĞƌŶƐƚŚĞĂůůŽĐĂƟŽŶ, ƵƐĞ, ĂŶĚƌĞƉŽƌƟŶŐŽĨƚŚĞƐĞ ĨƵŶĚƐ. EWĂǇŵĞŶƚ^ĐŚĞĚƵůĞĂƐŚďŽĂƌĚ-EŽƌƚŚĂƌŽůŝŶĂKƉŝŽŝĚ^ĞƩůĞŵĞŶƚƐ April 21, 2025 10 ŶƟĐŝƉĂƚĞĚWĂǇŵĞŶƚ^ĐŚĞĚƵůĞ WĞƌƐŽŶŽƵŶƚǇ’ƐKǀĞƌĚŽƐĞĞĂƚŚZĂƚĞǁĂƐ40.3 ŽƵƚŽĨ100,000 residents in 2023. 16 deaths April 21, 2025 11 ŚƩƉƐ://ǁǁǁ.dph.ŶĐĚŚŚƐ .ŐŽǀ/ƉƌŽŐƌĂŵƐ /ĐŚƌŽŶŝĐ-disease-and-ŝŶũƵƌǇ/ŝŶũƵƌǇ-and-ǀŝŽůĞŶĐĞ-ƉƌĞǀĞŶƟŽŶ-ďƌĂŶĐŚ/north-ĐĂƌŽůŝŶĂ-ŽǀĞƌĚŽƐĞ-ĞƉŝĚĞŵŝĐ-data 1. Collaborative strategic planning 2. Evidence-based addiction treatment 3. Recovery support 4. Housing 5. Employment 6. Early intervention 7. Naloxone 8. Post-overdose response 9. Syringe service programs (SSPs) 10. Legal system diversion 11. Addiction treatment for incarcerated persons 12. Reentry programs EDK: ,ŝŐŚ/ŵƉĂĐƚďĂƚĞŵĞŶƚ^ƚƌĂƚĞŐŝĞƐ(KƉƟŽŶ) Exhibit-A-to-NC-MOA-3.ƉĚĨ Exhibit-B-to-NC-MOA.ƉĚĨ April 21, 2025 12 ƵƌƌĞŶƚůǇ&ƵŶĚĞĚ/ŶŝƟĂƟǀĞƐ •ĂƌůǇ/ŶƚĞƌǀĞŶƟŽŶ–WĞƌƐŽŶŽƵŶƚǇ^ĐŚŽŽůƐ(W^) •$300,000 ŽǀĞƌƚǁŽǇĞĂƌƐ •/ŶŝƟĂƟǀĞƐƐĞƌǀĞĂůůƐĐŚŽŽůƐ, ǁŚŝůĞĐŽŶĐĞŶƚƌĂƟŶŐŽŶW,^ĂŶĚŵŝĚĚůĞƐĐŚŽŽůƐ •,ŽƐƚĞĚŽƵƚƌĞĂĐŚĞĚƵĐĂƟŽŶĂůĞǀĞŶƚƐ •Post-KǀĞƌĚŽƐĞZĞƐƉŽŶƐĞdĞĂŵ -WĞƌƐŽŶŽƵŶƚǇD^ •$407,517 ŽǀĞƌƚǁŽǇĞĂƌƐ •DŽďŝůĞ/ŶƚĞŐƌĂƚĞĚ,ĞĂůƚŚĐĂƌĞ(D/,) /ŶŝƟĂƟǀĞ; ǁŝůůŚĂǀĞĂƚůĞĂƐƚƚǁŽƚƌĂŝŶĞĚ ĞŵƉůŽǇĞĞƐ •ĞǀĞůŽƉŵĞŶƚŽĨƉƌŽƚŽĐŽůƐ, ƐĞĐƵƌŝŶŐƐŽŌǁĂƌĞĂŶĚĞƋƵŝƉŵĞŶƚ •WƌŽǀŝĚĞĚEĂƌĐĂŶƚƌĂŝŶŝŶŐƚŽ^^ĞŵƉůŽǇĞĞƐĂŶĚW^ŶƵƌƐĞƐ KƉŝŽŝĚ^ĞƩůĞŵĞŶƚ&ƵŶĚŝŶŐZĞĐŽŵŵĞŶĚĂƟŽŶƐ ^ƚƌĂƚĞŐǇ# ^ƚƌĂƚĞŐǇ EĂŵĞ ǆƉĞŶƐĞĞƐĐƌŝƉƟŽŶ ZĞŵĂŝŶĚĞƌ&z24-25 & &z25-26 ^ƚƌĂƚĞŐǇ4 ZĞĐŽǀĞƌǇ ,ŽƵƐŝŶŐ ^ƵƉƉŽƌƚ &ƌĞĞĚŽŵ,ŽƵƐĞZĞĐŽǀĞƌǇ ĞŶƚĞƌ-^ƵďƐƚĂŶĐĞhƐĞ ,ĂůĨǁĂǇ,ŽƵƐĞ $205,114 ..0 dŽƚĂůtĂŐĞƐ& &ƌŝŶŐĞ 178,713.60 dŽƚĂůKƚŚĞƌǆƉĞŶƐĞƐ 16,632.69 /ŶĚŝƌĞĐƚǆƉĞŶƐĞ(5%)9,767.71 zĞĂƌ1 ŽƐƚƐ $205,114.00 April 21, 2025 13 Commissioner Wilborn asked where the halfway house would be located. Clayton advised that the house would be located on Main Street, and that the City Council has already approved this. Wilborn asked if the Police Chief, the Sheriff, and Emergency Services Director had an opportunity to consider this and provide input. Clayton stated that yes, and that they all serve on the Opioid Settlement Advisory Committee. Wilborn had questions about the amount of funding fluctuating. Clayton advised that it is based on the way the settlement is structured from the Nationwide level and that it comes to the State and that the County actually gets the funding from the pharmacies and the distributors. She stated that these are projected amounts. She stated that once payment is received, it is in a special fund that is labeled Opioid Settlement and those funds are kept separate from the General Fund. Commissioner Royster stated that we invest a lot into prevention efforts with children and then the post efforts after someone overdoses, and that there has to be an in between for the people who are struggling with this disease. A motion was made by Commissioner Wilborn and carried 4-0 to approve a Resolution by the County of Person to Direct the Expenditure of Opioid Settlement Funds in the amount of $205,114 for the period between May 1, 2025 through June 30, 2026. KƉŝŽŝĚ^ĞƩůĞŵĞŶƚĚǀŝƐŽƌǇŽŵŵŝƩĞĞ •ZĞĐŽŵŵĞŶĚƐƚŚĞĂƉƉƌŽǀĂůŽĨƚŚĞƌĞƐŽůƵƟŽŶƚŽĂƉƉƌŽƉƌŝĂƚĞĨƵŶĚŝŶŐ ƚŽƐƵƉƉŽƌƚƌĞĐŽǀĞƌǇŚŽƵƐŝŶŐƉƌŽǀŝĚĞĚďǇ&ƌĞĞĚŽŵ,ŽƵƐĞZĞĐŽǀĞƌǇ Center. April 21, 2025 14 April 21, 2025 15 April 21, 2025 16 PUBLIC RECORDS REQUEST POLICY Assistant County Manager Brian Hart and Chief Information Officer Chris Puryear presented the following: WƵďůŝĐZĞĐŽƌĚƐZĞƋƵĞƐƚ WŽůŝĐǇĂŶĚWƌŽĐĞƐƐ ƌŝĂŶ,Ăƌƚ, ƐƐŝƐƚĂŶƚŽƵŶƚǇDĂŶĂŐĞƌ ŚƌŝƐWƵƌǇĞĂƌ, ŚŝĞĨ/ŶĨŽƌŵĂƟŽŶKĸĐĞƌ Ɖƌŝů21, 2025 WŽůŝĐǇĂŶĚKŶůŝŶĞWŽƌƚĂů ¾&Ğď. 5, 2024 ŽĂƌĚŽĨŽŵŵŝƐƐŝŽŶĞƌƐĂĚŽƉƚĞĚĂWƵďůŝĐZĞĐŽƌĚƐZĞƋƵĞƐƚWŽůŝĐǇ ¾^ĞƉƚ . 16, 2024 ŵĞŶĚĞĚƉŽůŝĐǇƚŽƌĞŇĞĐƚƚŚĞƵƐĞŽĨ EĞǆƚZĞƋƵĞƐƚ ĂƐƚŚĞĐŽƵŶƚǇ’ƐƉŽƌƚĂů ĨŽƌƌĞĐĞŝǀŝŶŐ, ƌĞƐƉŽŶĚŝŶŐƚŽ, ĂŶĚŵĂŶĂŐŝŶŐƉƵďůŝĐƌĞĐŽƌĚƐƌĞƋƵĞƐƚƐ ¾^ĞƉƚ . 30, 2024 /ŵƉůĞŵĞŶƚĞĚEĞǆƚZĞƋƵĞƐƚ April 21, 2025 17 WŽůŝĐǇĂƚĂ'ůĂŶĐĞ ¾ZĞƐƉŽŶƐŝďŝůŝƚǇ&ŽƌZĞĐŽƌĚƐ dŚĞŽƵŶƚǇĚĞƉĂƌƚŵĞŶƚƚŚĂƚŝƐƚŚĞĐƵƐƚŽĚŝĂŶŽĨƚŚĞƌĞƋƵĞƐƚĞĚƌĞĐŽƌĚǁŝůůďĞĂƐƐŝŐŶĞĚƚŚĞƉƵďůŝĐŝŶĨŽƌŵĂƟŽŶƌĞƋƵĞƐƚ.ĂĐŚŽƵŶƚǇ ĚĞƉĂƌƚŵĞŶƚǁŝůůŚĂǀĞĂĚĞƉĂƌƚŵĞŶƚĂůůŝĂŝƐŽŶǁŚŽĂƐƐŝƐƚƐǁŝƚŚŐĂƚŚĞƌŝŶŐŝŶĨŽƌŵĂƟŽŶ, ƉƌĞƉĂƌŝŶŐƌĞƐƉŽŶƐĞƐ, ĂŶĚĐŽŵŵƵŶŝĐĂƟŶŐǁŝƚŚ ŵĂŶĂŐĞŵĞŶƚ, /d, ƚŚĞŽƵŶƚǇƩŽƌŶĞǇĂŶĚƌĞƋƵĞƐƚŽƌƐ, ĂƐŶĞĞĚĞĚ. ¾ZĞĚĂĐƟŶŐWƌŽƚĞĐƚĞĚ/ŶĨŽƌŵĂƟŽŶ /ĨƚŚĞĐŽŶƚĞŶƚŽĨĂƌĞĐŽƌĚŝƐƉĂƌƟĂůůǇƉƵďůŝĐĂŶĚƌĞƐƉŽŶƐŝǀĞƚŽƚŚĞƌĞƋƵĞƐƚĂŶĚƉĂƌƟĂůůǇĞǆĞŵƉƚ, ƚŚĞĞǆĞŵƉƚƉŽƌƟŽŶŽĨƚŚĞĐŽŶƚĞŶƚǁŝůůďĞ ƌĞĚĂĐƚĞĚ. ZĞĚĂĐƟŽŶŝƐ“ƚŚĞƉƌŽĐĞƐƐŽĨŵĂƐŬŝŶŐŽƌƌĞŵŽǀŝŶŐƐĞŶƐŝƟǀĞŝŶĨŽƌŵĂƟŽŶŝŶĂĚŽĐ ƵŵĞŶƚďĞĨŽƌĞƌĞůĞĂƐŝŶŐŝƚĨŽƌƉƵďůŝĐƵƐe” (ZD /ŶƚĞƌŶĂƟŽŶĂů, 'ůŽƐƐĂƌǇŽĨZĞĐŽƌĚƐDĂŶĂŐĞŵĞŶƚĂŶĚ/ŶĨŽƌŵĂƟŽŶ'ŽǀĞƌŶĂŶĐĞdĞƌŵƐ, 5ƚŚĞĚ., 2016). ¾^ƉĞĐŝĂů^ĞƌǀŝĐĞŚĂƌŐĞĨŽƌWƌŽĚƵĐŝŶŐZĞĐŽƌĚƐ dŚĞƐƉĞĐŝĂůƐĞƌǀŝĐĞĐŚĂƌŐĞǁŝůůďĞĂƉƉůŝĞĚǁŚĞŶƐĞĂƌĐŚŝŶŐ, ƌĞƚƌŝĞǀŝŶŐ, ĐŽƉǇŝŶŐ, ĂŶĚƌĞĮůŝŶŐƌĞĐŽƌĚƐĨŽƌĂƉƵďůŝĐƌĞĐŽƌĚƐƌĞƋuĞƐƚŽƌĂŐƌŽƵƉŽĨ ƌĞƋƵĞƐƚƐƐƵďŵŝƩĞĚďǇĂƐŝŶŐůĞƌĞƋƵĞƐƚŽƌƚŚĞƐĂŵĞďƵƐŝŶĞƐƐĚĂǇƌĞƋƵŝƌĞƐŵŽƌĞƚŚĂŶĨŽƵƌ(4) ŚŽƵƌƐŽĨĂŶ/ŶĨŽƌŵĂƟŽŶdĞĐŚŶŽůŽŐǇ ĞƉĂƌƚŵĞŶƚĞŵƉůŽǇĞĞ’ƐƟŵĞŽƌŵŽƌĞƚŚĂŶĨŽƵƌ(4) ŚŽƵƌƐŽĨĐůĞƌŝĐĂůŽƌƐƵƉĞƌǀŝƐŽƌǇĂƐƐŝƐƚĂŶĐĞ.dŚĞƌĞƋƵĞƐƚŽƌǁŝůůŶŽƚďĞĐŚĂƌŐĞĚĨŽƌƟŵĞ ƐƉĞŶƚƌĞĚĂĐƟŶŐĐŽŶĮĚĞŶƟĂůŝŶĨŽƌŵĂƟŽŶ.dŚĞƐƉĞĐŝĂůƐĞƌǀŝĐĞĐŚĂƌŐĞǁŝůůďĞƚŚĞŚŽƵƌůǇƌĂƚĞŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞůŽǁĞƐƚƉĂŝĚĞŵƉůŽǇĞĞ ǁŚŽǁŽƵůĚďĞĐŽŶĚƵĐƟŶŐƚŚĞǁŽƌŬ. ǆĂŵƉůĞƐŽĨZĞĐŽƌĚƐZĞƋƵĞƐƚĞĚ WƌŽƉĞƌƚǇ WĞƌŵŝƚƐ ŽĚĞsŝŽůĂƟŽŶƐ 911 ĂůůƐ /ŶǀĞƐƟŐĂƟǀĞ/ƌŝŵŝŶĂů ŶŝŵĂůŽŶƚƌŽů sŽƚĞƌ ŵƉůŽǇĞĞ^ĂůĂƌǇ ŽŶƚƌĂĐƚƐ ŵĂŝůƐ April 21, 2025 18 ZĞƋƵĞƐƚƐďǇĞƉĂƌƚŵĞŶƚ ŵĞƌŐĞŶĐǇ^ĞƌǀŝĐĞƐ 31 ZĞŐŝƐƚĞƌŽĨĞĞĚƐ 8 ^ŚĞƌŝī'ƐKĸĐĞ 26 ŽƵŶƚǇDĂŶĂŐĞƌ’ƐKĸĐĞ 20 /ŶƐƉĞĐƟŽŶƐ 13 ,ĞĂůƚŚ 13 ŶŝŵĂů^ĞƌǀŝĐĞƐ 5 EŽƚƐƐŝŐŶĞĚ 6 ĐŽŶŽŵŝĐĞǀĞůŽƉŵĞŶƚ 5 ůĞĐƟŽŶƐ 4 WůĂŶŶŝŶŐĂŶĚŽŶŝŶŐ 3 ,ƵŵĂŶZĞƐŽƵƌĐĞƐ 3 /ŶĨŽƌŵĂƟŽŶdĞĐŚŶŽůŽŐǇ 2 ZĞĐƌĞĂƟŽŶ, ƌƚƐĂŶĚWĂƌŬƐ 2 &ŝŶĂŶĐĞ 4 'ĞŶĞƌĂů^ĞƌǀŝĐĞƐ 1 dĂǆ 1 ZĞƉŽƌƟŶŐ Sept. 30, 2024-March 9, 2025 ¾102 ƌĞƋƵĞƐƚƐƌĞĐĞŝǀĞĚ ¾95 ƌĞƋƵĞƐƚƐĐůŽƐĞĚ ¾7 ƌĞƋƵĞƐƚƐŽƉĞŶ ¾17 ƌĞƋƵĞƐƚƐďĞĐĂŵĞ“ŽǀĞƌĚƵĞ” ¾2 ƌĞƋƵĞƐƚƐƉĂƵƐĞĚ ¾15 ůĂƚĞƌĞƐƉŽŶƐĞƐ ¾3 ĚĂǇƐƚŽƌĞƐƉŽŶĚ(ŵĞĚŝĂŶ) ¾5 ĚĂǇƐƚŽƌĞƐƉŽŶĚ(ĂǀĞƌĂŐĞ) ¾39 ĨƵůĮůůĞĚŽƵƚƐŝĚĞ10 ĚĂǇƐ ¾56 ĨƵůĮůůĞĚǁŝƚŚŝŶ10 ĚĂǇƐ ¾9 ĚĂǇƐƚŽĨƵůĮůůŵĞŶƚ(ŵĞĚŝĂŶ) ¾11 ĚĂǇƐƚŽĨƵůĮůůŵĞŶƚ(ĂǀĞƌĂŐĞ) April 21, 2025 19 Commissioner Wilborn stated that she could not fully prepare for this agenda item, as there were some dates referenced about when this policy was put in place, and why and when this new software was requested and she had trouble trying to access the meeting video from the February 5, 2024 meeting. She stated that NextRequest was implemented on September 30, 2024. She stated that the report included is misleading as it says that zero dollars was spent for staff time. She stated that she wanted the public to know how much time staff is spending on responding to public records requests and the cost associated with it. Chief Information Officer (CIO) Chris Puryear read an excerpt from the Coates’ Canon blog from the UNC School of Government in reference to special service charges for extensive public records request that was published in 2023 by Kristina Wilson. He stated that it specifically states that staff time reviewing and preparing responses does not qualify as an actual cost and that agencies typically pay staff a flat rate unconnected to public records requests, even though the particular tasks of reviewing and preparing records are directly related to the public records request, the staff’s compensation is not. The agency incurs that expense irrespective of any public records requests. Special service charges are only available for requests for copies. The blog further states that we know this because the special service charge language references the “actual cost of duplication” and is located in the subsection regarding charging for copies. The request for copies has to be such that it requires extensive IT, clerical, or supervisory assistance. In other words, the responding agency cannot respond to the request within the statutory time frame, as promptly as possible under G.S.132-6(a) without additional IT, clerical, or supervisory assistance. ŝƐĐƵƐƐŝŽŶ ZĞƐƉŽŶƐĞƟŵĞĨƌĂŵĞƐ ^ƚĂīƟŵĞ ^ƚĂīĐŽƐƚ(/d, ĐůĞƌŝĐĂů, ƐƵƉĞƌǀŝƐŽƌǇ) ŽƐƚƌĞĐŽǀĞƌǇ(ƐƚĂīƟŵĞĂŶĚŚĂƌĚĐŽƉŝĞƐ) EĞǆƚZĞƋƵĞƐƚ YƵĞƐƟŽŶƐ April 21, 2025 20 Wilborn stated that she thinks the County needs to look into this, as she feels that if it is not in someone’s job description to handle and review public records requests that we should charge for it. She stated that this is not meant to deter legitimate media outlets or citizens who have a concern, and could waive the fees for media outlets that have valid credentials and citizens who state that they are citizens. She stated the Board received a summary of open requests and as of today there are 14, and out of the 14, 7 are from Person County Free Press, and 1 is from Election Freedom Fighter, which in her opinion is the same group. She stated that 8 out of the 14 are from what she would consider as an activist group of people who are impacting the work of the County in a large way. She stated that whatever comes through the records request portal should be open to the public for everybody to have access to, so that the information shared is accurate. County Attorney T.C. Morphis stated that the whole process is public and that when you make public records request your identity is public. He stated that the way the statute is written, someone is not required to provide their identity and their reason for the request; however, we do need their contact information to provide such requests to them. He stated that the statute also does not give a timeframe for responding to requests, other than a reasonable time based on the size of the request and workload of staff. Chairman Puryear asked the County Attorney about a fee schedule for public records requests that could be considered abusive at some point. Morphis stated that the statute does not have a fixed number, and states if you require extraordinary clerical time or extraordinary IT time, then you charge a reasonable service charge. He stated that Person County’s policy charges for over four hours for IT time. County Manager Katherine Cathey stated that the charge is calculated on the lowest hourly rate for the employee who is involved in fulfilling the request. She stated that the four-hour time limit is established for IT staff. She stated that since this policy was established, the County has not run into an instance where the estimated time would exceed four hours. Wilborn asked if staff can start recording time spent on requests and then charge if it exceeds the four-hour time limit. CIO Puryear read NC General Statute for clarification on when a service charge is warranted. Wilborn asked for the attorney to start reporting and itemizing time spent on public records requests. She asked that Assistant County Manager reach out to Cleveland County in reference to how they handle their requests. Assistant County Manager Brian Hart advised that he has reached out to Cleveland County and their process is similar. He stated that he will be scheduling a meeting with them to discuss. Chairman Puryear stated that this item would be tabled and revisited at the second meeting in May. FY2026-2030 CAPITAL IMPROVEMENT PLAN (CIP) County Manager Katherine Cathey stated that the recommended CIP was presented to the Board on April 7, 2025. She stated since that time, she has had individual and group meetings with those commissioners who requested a meeting to go over the plan in detail. She stated that based on those conversations, there are a few items that she has highlighted for discussion this morning. She stated that there was some discussion about removing the new Emergency Services facility from the plan. She stated that in FY26, the proposed funding for the design work and support for the grant application associated with that project was $430,200. She proposed eliminating this item and replacing it with a comprehensive facilities assessment, which would cost $150K. She stated that there has been some further discussion about removing the facility from the five-year plan as the County acknowledges that there are many capital needs throughout the County and conducting a comprehensive facilities assessment would help the County better prioritize those needs. She stated that the assessment would look at buildings and departmental needs, conduct a space needs analysis, and help with capital planning and funding. mA otion was made by Commissioner Wilborn and carried 4-0 to adopt the Capital Improvement Plan (CIP) with the removal of the new Emergency Services facility from the plan and replacing it with a comprehensive facilities assessment by lowering the $430K to $150K and reducing the allocation of funds from the General Fund. CHAIRMAN’S REPORT Chairman Puryear stated that he attended the Safety Awards Banquet and that it was a good event hosted by the Chamber of Commerce. MANAGER’S REPORT County Manager Katherine Cathey advised that the Board amended their 2025 meeting calendar this morning and that the next meeting, which is May 5, 2025, will be held in the Auditorium of the Person County Office Building. COMMISSIONER REPORTS/COMMENTS Vice-Chairman Thomas had no report. Commissioner Wilborn stated that she attended the Safety Awards Banquet. She stated that it was good opportunity to sit down with some of the industries that were being recognized. She stated that on April 10, 2025 she attended the Civics Academy. April 21, 2025 21 Wilborn stated that the Board of E&R has opened up the appeal window, where people can go and make their appeals formally now through April 29, 2025. Commissioner Royster stated that she attended the Safety Awards Banquet, and that it was a nice event. She stated at the JCPC meeting, they learned that the youth from Person County won their competition with Teen Court in Greensboro. She stated that she attended the Chamber breakfast in recognition of Child Abuse Prevention Month. mA otion was made by Commissioner Wilborn and carried 4-0 to enter into Closed Sessions at 10:43 a.m. CLOSED SESSION #1 A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(5) 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 Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr, and Economic Development Director Brandy Lynch. CLOSED SESSION #2 A motion to enter into Closed Session #2 per General Statute 143-318.11(a)(4) for the purpose of discussion of matters relating to the location or expansion of industries or other businesses in the county (economic development) with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., and Economic Development Director Brandy Lynch. Chairman Puryear called the closed sessions to order at 10:44 a.m. mA otion was made by Commissioner Wilborn and carried 4-0 to return to open session at 11:14 a.m. April 21, 2025 22 April 21, 2025 23 Due to power failure, the live feed was unable to connect for the meeting adjournment. ADJOURNMENT: A motion was made by Commissioner Royster and carried 4-0 to adjourn the meeting at 11:16 a.m. ____________________________ ______________________________ Michele Solomon Kyle Puryear Clerk to the Board Chairman