Bertie County Board of Commissioners

Bertie County Board of Commissioners August 22, 2016 4:00pm Ronald Ron Wesson District 1 Stewart White Tammy A. Lee District II District III Chairman John Trent District IV Vice Chairman Ernestine (Byrd) Bazemore District V 1

BERTIE COUNTY BOARD OF COMMISSIONERS August 22, 2016 Regular Meeting This agenda is only a tentative schedule of matters the Commissioners may address at their meeting and all items found on it may be deleted, amended or deferred. The Commissioners may also, in their absolute discretion, consider matters not shown on this agenda. 7:00-7:05 Call to Order and Welcome by Chairman Trent (Community Building, Aulander) 7:05-7:10 Invocation and Pledge of Allegiance by Commissioner White 7:10-7:25 Public Comments (3 minute time limit per speaker) (A) *** APPOINTMENTS *** 7:25-7:35 (1) Greetings and a college update from Roanoke Chowan Community College s new president, Dr. Jimmy Tate, introduced by Board of Education Chairman, Ms. Tarsha Dudley 7:35-7:45 (2) Public Hearing USDA Rural Development loan application to purchase ambulance vehicles and needed equipment 7:45-7:55 (3) Habitat for Humanity presentation by Chuck Poe Board Appointments (B) 1. Albermarle Regional Library 2. Lawrence Memorial Library 3. Nursing Home/Adult Home Care CAC Consent Agenda (C) 1. Approve minutes for Regular Session 8-1-16 2. Approve minutes for Special Meeting 8-9-16 3. Settlement of FY 2015-2016 taxes 4. Charge of the Tax Administrator FY 2016-2017 5. Budget Amendment # s 16-14, 17-01, and Project #17.01 6. Tax Sale Agreement with Bill Forbes of United Forbes Realty, Inc. 7. Approve survey of Submerged Aquatic Vegetation and Water Depth Survey along Albemarle Sound shoreline in conjuction with master plan for 137-acre site ***OTHER ITEMS*** Discussion Agenda (D) 1. Discuss sponsorship for the 3 rd Annual Aulander Peanut Festival last year s contribution was $500.00 (Gold Sponsor) 2. DRAFT Dangerous Weapons Ordinance 3. Review Meeting Calendar Commissioners Reports (E) County Manager s Reports (F) County Attorney s Reports (G) Public Comments Continued *3 minute time limit per speaker* Closed Session Pursuant to N.C.G.S. 143-318.11(a)(3) to go into closed session to consult with the County Attorney in order to preserve the attorney-client privilege that exists between the attorney and this public body. Pursuant to N.C.G.S. 143-318.11(a)(4) to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations. The action approves the signing of an economic development contract or commitment, or the action authorizing the payment of economic development expenditures, shall be taken in an open session. Pursuant to N.C.G.S. 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. Pursuant to N.C.G.S. 143-318.11(a)(6) to consider the qualifications, competence, performance, character, fitness, conditions of employment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. Adjourn 2

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: A-1 DEPARTMENT: Governing Body SUBJECT: Greetings and a college update from Roanoke Chowan Community College s new president, Dr. Jimmy Tate, introduced by Board of Education Chairman, Ms. Tarsha Dudley COUNTY MANAGER RECOMMENDATION OR COMMENTS: No action required. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): No action required. ATTACHMENTS: No LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 3

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: A-2 DEPARTMENT: Governing Body SUBJECT: Public Hearing USDA Rural Development loan application to purchase ambulance vehicles and needed equipment COUNTY MANAGER RECOMMENDATION OR COMMENTS: SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 4

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: A-3 DEPARTMENT: Governing Body SUBJECT: Habitat for Humanity presentation by Chuck Poe COUNTY MANAGER RECOMMENDATION OR COMMENTS: SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): ATTACHMENTS: No LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 10

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: B-1 DEPARTMENT: Governing Body SUBJECT: Albemarle Regional Library COUNTY MANAGER RECOMMENDATION OR COMMENTS: Recommend approval. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): Recommend approval. ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 11

Albemarle Regional Library Immediate Vacancies: 1 Position Vacancy: Board Term Name Began End Albemarle Regional Library 3 years Anthony G. Peele --- --- Special requirements: N/A Notes: Mrs. Walker is seeking reappointment. There are no additional vacancies on this board. Attendance of Current Members: N/A Applications Received: 1 Irene Walker Current Members (unexpired): 1. Marion Lee 2. Jane Barmer 12

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: B-2 DEPARTMENT: Governing Body SUBJECT: Lawrence Memorial Library COUNTY MANAGER RECOMMENDATION OR COMMENTS: Recommend approval. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): Recommend approval. ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 15

Lawrence Memorial Library Immediate Vacancies: 2 Position Vacancy: Board Term Name Began End Lawrence Memorial Library 3 years Kay Brantley 8-19-13 8-31-16 Lawrence Memorial Library 3 years Marion Lee 8-19-13 8-31-16 Special requirements: N/A Notes: If Ms. Brantley and Ms. Lee are reappointed, there will be no vacancies on this board. Both are seeking reappointment. These appointments are pending on the submission of applications. Attendance of Current Members: N/A Applications Received: 2 Kay Brantley, Marion Lee Current Members (unexpired): 1. Lewis C. Hoggard, III. 2. Thelma Law 3. Irene Walker 4. Daphne Bond 5. William Cowper 16

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: B-3 DEPARTMENT: Governing Body SUBJECT: Nursing Home/Adult Care CAC COUNTY MANAGER RECOMMENDATION OR COMMENTS: Recommend approval. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): Recommend approval. ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 19

Nursing Home/Adult Care CAC Immediate Vacancies: 1 Position Vacancy: Board Term Name Began End Nursing Home/Adult Care CAC 1 year Anthony G. Peele --- --- Special requirements: N/A Notes: If Mr. Peele is appointed, there will be no more vacancies on this board. Attendance of Current Members: N/A Applications Received: 1 Anthony G. Peel Current Members (unexpired): 1. Clara Barrow 2. Mary Davis 3. James S. Pugh 4. Rev. Gail P. McNeil 5. Barbara Alexander 20

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: C-1 DEPARTMENT: Governing Body SUBJECT: Approve minutes for Regular Session 8-1-16 COUNTY MANAGER RECOMMENDATION OR COMMENTS: Recommend approval. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): Recommend approval. ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 23

Windsor, North Carolina August 1, 2016 Regular Meeting The Bertie County Board of Commissioners met for their regularly scheduled meeting inside the Commissioners Room located at 106 Dundee Street, Windsor, NC. The following members were present or absent: Present: Absent: Ronald Ron Wesson, District I Stewart White, District II Tammy A. Lee, District III John Trent, District IV Ernestine (Byrd) Bazemore, District V None Staff Present: County Manager Scott Sauer Clerk to the Board Sarah S. Tinkham County Attorney Lloyd Smith Finance Officer William Roberson Economic Development Director Steve Biggs Sheriff John Holley Network Administrator Joe Wilkes Emergency Services Director Mitch Cooper EMS Division Chief Crystal Freeman Deputy Richard Oliver Deputy Lashonda Bond Deputy Tonya Todd Deputy Parrish Weston Leslie Beachboard of the Bertie Ledger-Advance, and Gene Motley of the Roanoke-News Herald were present from the media. CALL TO ORDER Chairman Trent called the meeting to order and thanked those present for their attendance. INVOCATION/PLEDGE OF ALLEGIANCE Commissioner Wesson led the Invocation and Pledge of Allegiance. 1 24

PUBLIC COMMENTS There were no public comments during this section. 2 25

APPOINTMENTS Sheriff s Office Update, introduction of new staff, grant award from VIDANT and other activities Sheriff John Holley was present to provide the Board with various updates including the introduction of 4 new deputies including: Richard Oliver, Lashonda Bond, Tonya Todd, and Parrish Weston. The Sheriff also reported that the official Sheriff s Office move should take place by the end of August or in early September. He also stated that most of the Sheriff s items have been relocated, and that some additional connections and items needed to be in place before the Communications Office would be ready to relocate. He also announced that the Sheriff s Office had received a $7,500 grant from Vidant Medical Center to assist in the purchase of AED machines for the Sheriff s Office building, as well as for a mobile unit for a County patrol car. In addition, Sheriff Holley informed the Board of a training exercise that will be conducted over Bertie County in December 2016. The Air Force provided the County with a letter of notification which was included in the Board s electronic agenda packet. Training exercises will be conducted by the US Army, EchoCompany, 83 rd Civil Affair Battalion from Fort Bragg in early December. Sheriff Holley announced his plans to establish a substation for his officers in Western Bertie County, and that he is working with the Town of Roxobel to provide this space located in the former Southern Bank building. Commissioner Wesson inquired about the latest crime stats in Bertie County. Sheriff Holley responded by stating that Bertie County still has a very low crime rate even with the latest string of homicides in the area, and that the crime solving rate for these cases remains at 96%. The Board thanked the Sheriff for his diligence and commended him for his service. 3 26

Interim School Superintendent, Julius Walker will present the Board of Education s request for a budget amendment and the appropriation of remaining Capital Outlay funds for the fiscal year ended June 30, 2016. Bertie County Public Schools Interim Superintendent, Mr. Julius Walker, was present to request a budget amendment to the current budget, as well as to forward the appropriation of remaining capital outlay funds in order for the school system to cover a roof replacement on Colerain Elementary School. The total funding requested to be brought over into the current fiscal year is $97,878.66. The project was due to be completed before the end of the 2015-2016 fiscal year, but the project was unforeseeably delayed. Commissioner Wesson made a MOTION to carry forward the $97,878.66 needed to complete the roof on Colerain Elementary with the preparation of a budget amendment to the School Capital Outlay for FY2016-2017 in the same amount. Vice Chairman Bazemore SECONDED the motion. The MOTION PASSED unanimously. USDA Rural Development, Kim Miller, will review ambulance financing options per Board s request County Manager Sauer reported that Kim Miller of USDA Rural Development was suddenly unable to attend tonight s meeting. County Manager Sauer reviewed the 2 options outlined for the Board in their electronic agenda packets regarding the replacement of the entire EMS/Non-Emergency Transport fleet over a period of years. After some discussion, the Board agreed that Option 1 would be most desirable for the County and provide financing for four (4) replacement ambulances. The loans that would be used from USDA Rural Development would apply 2.75% interest rate for 15 years, with the first payment being delayed until 12 months (1 year) after the loan closure. Items will be funded via debt service. 4 27

Vice Chairman Bazemore made the MOTION to proceed forward with Option 1 with the understand that a loan in the amount of $788,000 can be received from the USDA at a 2.75% interest rate with an age of 15 years, and with payments not beginning until 12 months (1 year) after the loan closure. Commissioner Wesson SECONDED the motion. The MOTION PASSED unanimously. The cost breakdown is below: 5 28

CAMA Grant Application To receive public comment on the Albemarle Sound Public Waterfront Access and beach path improvements, including the acquisition of land (10.35- acre tract) adjoining the 137-acre tract recently acquired by the County. Ms. Emily Miller of McAdams and Associates has prepared a grant application in the amount of $250,000 with a 10% ($25,000) local match requirement. Chairman Trent called for discussion on item A-4, and he asked the County Manager to bring the Board up to date on the CAMA grant. County Manager Sauer explained that the primary purpose of tonight s meeting is to provide an opportunity for public comment on the CAMA grant application for the Albemarle Sound Public Waterfront Access and beach path improvements, including the acquisition of land (10.35 acres). Mr. Sauer reminded the Board that a similar grant application was approved by the Board in May for the North Carolina Parks and Recreation Trust Fund for financial assistance with the 137 acres recently acquired by the County. He also noted that the public support demonstrated for this project was evident by the local school officials who gave a presentation about the Sound to the Sea program for elementary students, which could be offered in Bertie County as a result of the Board s decision to buy this property. County Manager Sauer explained that both PARTF ($500,000) and CAMA ($250,000) preapplications were submitted and approved for land acquisition funds for the 137-acre tract, and that both grants are only eligible for funding prior to the purchase of the property. Mr. Sauer noted that Bertie County requested and was approved for a waiver of this requirement for the PARTF grant on January 25, 2016 and this waiver states this action merely acknowledges the need to act quickly to take advantage of the opportunity to acquire the land and prevent the possibility of it being lost or used for another purpose. The waiver is for a period of 18 months, and the PARTF announcement for a grant fund should be received following the committee s August 25 th meeting. Mr. Sauer explained that timing for submission of the CAMA application was initially in sync with the anticipated closing on the 137-acre tract which was expected in late September. However, when the opportunity was presented to renegotiate the contract and accelerate the closing for this purchase in late June, adjustments had to be made to the CAMA application. Mr. Sauer explained that CAMA has no waiver provision, so the County inquired about the availability of grant funds to be applied for the potential purchase of the 10.35-acre tract adjoining the 137 acres now owned by the County to improve the beach path access. Bertie County received this approval to amend its application on July 6 th. 6 29

He further explained that the CAMA grant is due August 15 th, and can only be submitted following a meeting where the Board of Commissioners has documented the opportunity for public comment at regularly scheduled meeting but it is not a formal public hearing. The Chairman asked if there were any persons desiring to speak regarding this grant project, and there was no response from the audience at that time. County Manager Sauer explained that there is one final component for the application, which must be obtained before the application can be submitted on August 15 th. The CAMA application for the land acquisition funding must include a letter of intent to sell the 10.35-acre tract from the property owner. The County Manager further explained that the strategy for the CAMA application is to seek grant funds, using the three appraisals (values ranging from $75,000 to $200,000), so that at the appropriate time, with Board approval another presentation could be made to the owners of the 10.35-acre tract regarding the inclusion of this land for the project, which now comprises onehalf of the beach path access, and is split down the middle between the two properties. Mr. Sauer had two color photos projected on the wall, one depicting the property boundary and one with a view looking down the beach path toward the water with the Sound bridge in the background. He explained that acquiring this smaller tract is critical to development of the site because it contains one-half of the beach access path. There was discussion among the Commissioners regarding the ability to successfully purchase the 10.35-acre tract, and the limited availability of grant funds for this effort. Mr. Sauer also noted that CAMA will likely not provide grant funding beyond the highest appraisal, or $200,000. County Manager Sauer requested permission to address the governing body in his role as a private citizen in order to comment on this grant application and the importance of this project. Mr. Sauer reminded the Board of the enthusiasm that was generated when the Commissioners announced their decision to purchase the initial 137 acres of land on the Albemarle Sound. He spoke of this historic step to break down barriers in order to provide public access to these recreational waters. He noted that the Board s efforts are creating a legacy for future generations and building for a better future for our children and grandchildren. Specifically, Mr. Sauer noted that there are barriers for persons of limited resources, and people of color for access to public waters for recreation in this County. And he noted two recent examples where children attending a birthday party were turned away from a local community beach, and where a local business owner made very disparaging remarks about efforts to provide public access to water without regard to race. Mr. Sauer explained that with the ten days remaining for submission of the CAMA grant, there may be an opportunity to approach the property owner requesting a letter of intent to sell the land 7 30

to the County. He stated that hopefully, the property owners will share the enthusiasm and join with the County to create a long lasting legacy for Bertie County residents and this region. Chairman Trent noted that the county manager s recommendation is to approve authorization for submittal of the grant application to the NC Coastal Management Program, subject to the securing of a letter of intent from the sellers for Bertie County s Public Beach and Public Water Access program final application. Furthermore, the Board of Commissioners is authorizing its agent to seek the purchase of 10.35 acres to expand the beach path access for the adjoining 137 acres recently acquired by the County. Approval of this motion also allows the Chairman and the County Manager to execute all related documents to complete this grant application which is due August 15 th, subject to the final condition being obtained prior to submission. Commissioner White made a MOTION to accept the County Manager s recommendation. Vice Chairman Bazemore SECONDED the motion. The MOTION PASSED unanimously. 8 31

Proposal for Comprehensive Countywide Recreation Master Plan for Bertie County to include in NC Parks and Recreation Trust Fund 2017 grant application for site development at the Albemarle Sound Waterfront Recreation Area Presented by Paige Viren, Associate Professor of Recreation & Leisure Studies at East Carolina University and J. David Hodges, Good Consulting Services, LLC. Chairman Trent then asked Mr. Sauer to introduce the guests from East Carolina University regarding the proposal for development of the Comprehensive Countywide Recreation Master Plan for Bertie County s preparation for the next cycle of NC Parks and Recreation Trust Fund grant applications. Mr. Sauer introduced Mr. David Hodges, who has assisted communities assisted communities in northeastern North Carolina during a 35-year career, with extensive work in Martin County and the Town of Windsor. Mr. Hodges spent his career with the USDA Natural Resources Conservation Service as the District Conservationist for Dare and Tyrrell counties and the Mideast Resources Development Council. He also introduced Assistant Professor Paige Viren who has also assisted various communities in North Carolina with attracting economic development initiatives. This work has earned her the 2016 ECU Scholarship of Engagement Award. Viren s scholarship focus is on the development of sustainable community-based tourism. Mr. Hodges and Dr. Viren explained that, it has been their observation that in many cases a comprehensive recreation master plan is requested simply as a means of checking a task off of a PARTF grant application. Instead of guiding priorities, the plan sits on a shelf collecting dust. She stated that their goal is to develop a plan that provides a framework to identify goals and priorities for all areas of Bertie County. They have also been partnering on projects in eastern North Carolina since 2008 and building relationships with key stakeholders in building sustainable community based recreation and tourism in rural communities. Dr. Viren summarized their presentation by noting that they believe that Bertie County s efforts in securing this land on the Albemarle Sound will set the gold standard for park development in eastern North Carolina. Commissioner Wesson noted that there may be a role for young people in the high school s cadet program to play a role in this facility once it is open to the public. County Manager Sauer explained that they are prepared to start work immediately, to assemble a local task force and to take advantage of the fall semester to lead Bertie County through a series of public meetings and community discussions in order to identify the recreational needs of the entire County as suggested by County residents. And he noted that a copy of their proposal is enclosed which is recommended for the Boards approval. 9 32

Vice Chairman Bazemore made a MOTION to approve the proposal for the countywide recreation master plan by ECU. Commissioner Wesson SECONED the motion. The MOTION PASSED unanimously. The proposal is below: Comprehensive Systemwide Plan for Bertie County Parks and Recreation Dates of Project: August 2016 - January 2017 Project Deliverables and Budget Narrative A. Salary Compensation for Project Deliverables - Compile a comprehensive long-term planning document to support NCPARTF application that addresses the following: 1) a description of Bertie County s residents and their preferences for recreational activities and facilities, 2) evaluate existing recreational facilities to determine if Bertie County s current and future recreational needs are being met, 3) provide an estimate of recreational land to be acquired and the planned recreational facilities to be developed, 4) provide a detailed description documenting the Bertie Board of County Commissioners public involvement during this planning process. = $24,512 Graduate Student - TBD Assist with survey preparation, data entry, data cleaning, and analyzing survey results and report writing. 10 hours per week for one semester/6 months = $2,400.00 Part-time Undergraduate Student TBD Assist with keying and questionnaire assistance. 250 hours @ $8.00 - $2,000.00 B. Travel Travel will involve on-site visits to Bertie County and its surrounding communities as deemed necessary to complete an inventory of existing and potential recreation/tourism assets in the county, conduct community meetings to gather public input, and present project deliverables and reports to the board of commissions and recreation advisory board and community stakeholders. = $2,800.00 C. Other Consultant Outside services rendered to provide supporting Plan documents, ex. on-site visits necessary to complete any GIS and associated mapping, engineering support, and similar professional services. = $3,000.00 Supplies and Materials Miscellaneous provisions necessary to encourage an inclusive public engagement process through community-wide public input meetings, applicable focus group meetings, distribution of the Parks and Recreation Needs Citizen Survey, and final compilation and printing of Plan. = $2,400.00 Total: $37,112.00 10 33

As submitted by: Dr. Paige P. Viren, East Carolina University Mr. J. David Hodges, Jr., Good Consulting Services, LLC There were no need Board Appointments. BOARD APPOINTMENTS CONSENT AGENDA Upon review by Chairman Trent, Vice Chairman Bazemore made a MOTION to approve the Consent Agenda items below. Commissioner Lee SECONDED the motion. The MOTION PASSED unanimously. The Consent Agenda was approved as follows: 1. Minutes Regular Session 7-5-16, Work Session 7-14-16, Closed Session 7-14-16 2. Fees Report Register of Deeds July 2016 3. Release Journal Tax Department June 2016 4. Resolution 145 th anniversary of Sandy Branch Missionary Baptist Church DISCUSSION AGENDA 11 34

Water District III USDA Rural Development review and approve NC Local Government Commission application and the Bond Order Resolution and related documents prepared by Bond Counsel in consultation with the County Attorney. Consider for approval the following items: a) Revised project cost and funding analysis b) Supplement to the Preliminary Engineering report c) Amended engineering agreement d) Final capital budget for submission to the LGC e) Bond Resolution The Board reviewed the NC Local Government Commission application and the Bond Order Resolution, and related documents, prepared by Bond Counsel in consultation with the County Attorney. The Board also discussed approval of the revised scope of work, and an engineering contract amendment for additional booster pump stations, and other related costs on Woodard Road. County Manager Sauer reported that USDA Rural Development (Raleigh Office) is coordinating its review of the final project financing presentation to the NC Local Government Commission with special attention to preserving the $1,074,000 grant funding. Mr. Sauer also stated that the USDA requires that local funds are expended first as the project begins (design, permits, etc.) and that figure is $264,000. The interim financing (Bond Anticipation Notes) carry the bulk of the project during construction and the loan amount is $1,717,000. Both of those figures will remain unchanged. Once the loan funds are expended, USDA then allows for the expenditure of grant dollars. As the Board remembered, the low bid was $370,957 less than the next highest bidder. Mr. Sauer reported that USDA had advised the County to revise its scope of work or the County risks losing these grant dollars from the original $1,074,000 which would be sacrificed and sent back to the federal government. The State Engineer for USDA has encouraged the County to improve the connection and flow of water between District III and District III to address the challenge of meeting long term water quality requirements for AVOCA s production expansion. Two key changes are proposed: a) increasing the water line size from 6 to 8 on Woodard Road ($70,590) and b) construction of a 250 gpm booster station ($320,000) plus soft costs for engineering of $76,000 which is split $30,000 for design and $46,000 for construction inspection. County Manager Sauer noted that the State Engineer s review will occur next week and the Board s approval will be contingent upon USDA Rural Development s concurrence, therefore I am recommending that the Board grant approval for these documents as presented today, and 12 35

allow necessary modifications based on the State Engineer s comments, as long as no additional funds are required. After a brief discussion, Commissioner Lee made a MOTION approve all of the listed items as requested: 1) Resolution providing for application to the Local Government Commission for approval of water system revenue bonds: requesting Local Government Commission Approval of such water system revenue bonds; and certain related matters and findings documents attached are prepared by bond counsel. 2) Revised project cost and funding analysis for Bertie County Water District III 3) Supplement to the Preliminary Engineering Report 4) Amended Engineering agreement (subject to USDA concurrence) 5) Final Capital Budget for Water District III water system improvements 6) Direct staff to proceed with preparation of all documents necessary to facilitate the Board Order for consideration at a later date by the governing body.. Commissioner Wesson SECONDED the motion. The MOTION PASSED unanimously. 13 36

Review of pending items There were no needed items to address at this time. Confirmation of Board meeting schedule for August and September After a brief discussion, the Board agreed to postpone their regularly scheduled meeting for Monday, August 15 to Monday, August 22 nd. The meeting will still be held at 7:00PM at the Aulander Community Building in the Town of Aulander. No schedule changes were made to the September meeting schedule. COMMISSIONER S REPORTS 14 37

Commissioner White passed out a copy of an article from The News & Observer about the new archeological efforts at the Lost Colony site in Bertie County. He also alerted the Board to an article in FYI magazine about the tall glass of water project. Lastly, he thanked the Board for its recent decision to increase funding to the 12 County volunteer fire departments. Commissioner Lee reported that the organization, Habitat for Humanity, was back to square one in locating an eligible family to receive a Habitat for Humanity home. Commissioner Lee encouraged citizens to contact her if they knew of any families in serious need. She also briefly updated the Board regarding the Charters of Freedom monument. A committee is now in place, but new members are welcome. Commissioner Wesson provided new labor market information for Bertie County, and reported that Bertie County s unemployment rate was 6.2%. He also thanked Vidant-Bertie Hospital for the $1 million grant received to assist County organizations with health related initiatives. Vice Chairman Bazemore announced that Dr. Dexter Peele was currently accepting donations to a scholarship program through Edgecombe Community College. This scholarship assisted him during his college career. She also noted the recent announcement of the CSX rail project in Edgecombe County and possible job opportunities for Bertie residents. Chairman Trent reported that the Youth Development Award was presented to Kent Bazemore at the Bertie High School earlier today. The award was given in appreciation for his continued support for the basketball camp and other programs to assist our youth. COUNTY MANAGER S REPORTS County Manager Sauer gave no remarks at this time. COUNTY ATTORNEY S REPORTS County Attorney, Lloyd Smith, requested direction from the Board regarding a drafted correspondence to the community. The Board discussed and later decided that the letter would not be sent at this time, but that it could be sent at a later date, if needed. PUBLIC COMMENTS There were no public comments during this section. 15 38

RECESS Chairman Trent recessed the meeting until 6:00PM where the Board plans to meet at the Inn at Grey s Landing in Windsor to discuss the results of the hotel feasibility study. John Trent, Chairman Sarah S. Tinkham, Clerk to the Board 16 39

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: C-2 DEPARTMENT: Governing Body SUBJECT: Approve minutes for Special Meeting 8-9-16 COUNTY MANAGER RECOMMENDATION OR COMMENTS: Recommend approval. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): Recommend approval. ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 40

Windsor, North Carolina August 9, 2016 Special Meeting The Bertie County Board of Commissioners met for a Special Meeting inside the Commissioners Room located at 106 Dundee Street, Windsor, NC. The following members were present or absent: Present: Absent: Ronald Ron Wesson, District I Stewart White, District II Tammy A. Lee, District III John Trent, District IV Ernestine (Byrd) Bazemore, District V None Staff Present: County Manager Scott Sauer Clerk to the Board Sarah S. Tinkham Assistant County Attorney Lloyd Clif Smith, III. Finance Officer William Roberson Economic Development Director Steve Biggs Emergency Services Director Mitch Cooper EMS Division Chief Crystal Freeman Leslie Beachboard of the Bertie Ledger-Advance, and Gene Motley of the Roanoke-News Herald were present from the media. CALL TO ORDER Chairman Trent called the meeting to order and thanked those present for their attendance. INVOCATION/PLEDGE OF ALLEGIANCE Commissioner Lee led the Invocation and Pledge of Allegiance. Chairman Trent made one small change to today s agenda and called forward members of the ABC Board including Chair Miles Davis, and member James S. Pugh. Clint Freeman, General Manager of the ABC Store in Windsor, was also present. 1 41

DISCUSSION Discussion of a proposed voter referendum for allowing mixed beverages and the calling of an ABC election in November, 2016 ABC Board Chair, Miles Davis, presented various statistics to the Board that he had received from various State Highway Patrolman in the area. Most statistics have shown that alcohol related fatalities are significantly lower in counties with liquor by the drink laws in place. Mr. Davis also noted that these mandates can significantly reduce the occurrence of illegal shot houses in the County as it provides for strict regulation from the State Alcoholic Law Enforcement Agency. He stated that State agents have the right to investigate suspected facilities at any time. Additionally, Mr. Davis recalled that the last time this initiative was placed on the ballot, it failed by the smallest margin of 13 votes during a special, non-presidential election. It was Mr. Davis s recommendation to put this referendum on the November 2016 ballot so that it has the best chance of being seen by the majority of voters. He stated that presidential elections garner much more voter attention and participation, and that this vote could be the tell all vote needed to put the issue to rest. It could also be the best opportunity for the Board to see where the voters fall on this issue. There was a brief discussion regarding the need for this referendum, as well as who would benefit with very few restaurants in the County that fall outside of a municipality. The Board also discussed that if this issue were to go to the ballot via referendum that the County would have to be committed to communicating the positive benefits that have been experienced in other counties. The Board also discussed the potential economic development impacts. James S. Pugh also chose to speak on the matter, and stated that he supported Mile Davis s leadership, and encouraged the Board to strongly consider the referendum during the upcoming November election. Clint Freeman, General Manager of the ABC Store in Windsor, was also present to echo the same sentiments, as well as added that the ABC Store constantly receives one day, limited alcohol licenses for private events such as parties, receptions, reunions, and other functions. He mentioned that the sale of mixed beverages is prohibited at private events inside Bertie County, and that this vote could give the County the opportunity to get ahead of the curve, while also reducing alcohol related fatalities at some of these private events where there is limited security. 2 42

Vice Chairman Bazemore made a MOTION to allow this issue be placed on the November 2016 ballot via referendum. Commissioner Wesson SECONDED the motion. The MOTION PASSED in a 3-2 vote with Commissioner s Lee and White voting against. Commissioner Lee and Commissioner White both echoed similar sentiments regarding their personal beliefs of opposing the issue. Commissioner Wesson wanted the record to reflect that his support of the referendum doesn t necessarily mean he will vote in favor of a liquor by the drink law in the County, but that he felt the citizens should be given the opportunity to voice their opinions. The Board concurred that the issue should be left in the hands of the citizens for an additional vote during an election that will bring forth the most voters. Commissioner White wanted the record to reflect that he had received calls from citizens that have asked him to not support this referendum, and that even though this particular topic was against his beliefs, he wanted the citizens to have the chance to decide. After some additional discussion, Commissioner Wesson made a MOTION to instruct the County Attorney to prepare a resolution for the Chairman s signature, and to draft all necessary correspondence. Vice Chairman Bazemore SECONDED the motion. The MOTION PASSED in a 4-1 vote with Commissioner Lee voting against. The approved resolution reads as follows: 3 43

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Update on capital project financing applications for various water department system improvements currently under review by the NC Local Government Commission County Manager Sauer reported that notification had been received from the State Engineer that the financing applications for various water department system improvements for Water District III had been approved, and that the application was now in the hands of the NC Local Government Commission (NC LGC). The NC LGC will be reviewing the application at an upcoming Executive Committee meeting on September 6 th, and final authorization occurs within six days, in the event that the application meets their requirements. Additionally, Mr. Sauer reported that he had received word from the NC Drinking Water State Revolving Fund that the loan applications for Water Districts II and IV have been approved. He also distributed a hand out highlighting the proposed locations of booster pump station sites in Water District III, and that the County s engineer, Green Engineering, were pushing forward on determining the most appropriate location. Commissioner Wesson inquired about the latest developments with the South Windsor area. Mr. Sauer informed the Board that the renovations for South Windsor should begin this November, and continue through next November, 2017. 7 47

Update on the USDA Rural Development financing proposal for replacing several ambulances Emergency Services Director, Mitch Cooper, and EMS Division Chief, Crystal Freeman, were present during this portion. County Manager Sauer reported that as of midnight Monday night, Bertie County Non- Emergency Transport had completed a total of 82 transports, which presents a record number of transports so early into the month of August. He stated that the NET Division was growing at an expeditious rate, and that additional ambulances and equipment are desperately needed to meet the demand. Mr. Cooper briefly discussed some of the reasons for the influx including the closure of one Non-Emergency Transport company, Priority Medical, as well as the addition of several dialysis patients, nursing homes, and consistent hospital transfers. Mr. Cooper also mentioned that four (4) ambulances are currently assigned to that division, but that even their spare truck is being used when the call volume is particularly high. He mentioned that is becoming more and more common for all 4-5 trucks being on the roads all day, every day. Mr. Sauer also announced that the NET Division is projected to receive and complete a total of 300 transfers this month alone which has not yet been seen under the County system. He also noted that this growth makes the work of Kim Miller at USDA Rural Development even more crucial as the age and wear and tear on the NET and EMS vehicles are beginning to take a toll on the ability to respond. The Board had a brief discussion regarding what funding is currently available in Mr. Cooper s budget to cover the cost of additional ambulance vehicles and equipment for Non-Emergency Transport. Mr. Cooper responded that he had enough funds in his budget now to cover 2 more ambulance vehicles and the needed equipment, and he stated that he d like to push forward with the purchasing process for Non-Emergency Transport. The Board also discussed the impacts of the recent withdrawal of non-emergency franchise companies in Washington County, and whether or not the County had taken business from the recently closed Priority Medical. Commissioner Wesson expressed concerns with maintaining the needed man power here in Bertie especially with Beaufort County looking to follow Bertie s model for a County operated, Paramedic EMS system. County Manager Sauer stated that paperwork and other details could be gathered for the Board to review at any upcoming meeting before any final decisions were needed. 8 48

Update on the latest CAMA grant application for land acquisition funding County Manager briefly updated the Board on the letter of intent needed from the property owner regarding the 10.35 acre-tract of land being sought for expanding the walking path to the water front beach access. He stated that the County Attorney, Lloyd Smith, was currently awaiting a response from the property owner, and that he had laid out the Board s intentions for the grant funding. Mr. Sauer stated that he wasn t sure if the final decision would be received in time, but that he was hopeful. OTHER REPORTS County Manager Sauer reminded the Board of the date he was given for the Raising Bertie film viewing at the new Bertie High School. The date of the event is Wednesday, August 24 th at 10:00AM inside the auditorium. He expected an invitation for the Commissioners to attend to arrive any day. Commissioner Lee reported that a Habitat for Humanity meeting will take place on Wednesday, August 17 at 2:00PM. Information would be presented at that meeting regarding Habitat, as well as 2 additional programs that could benefit citizens of the County. That meeting will be held inside the Glass Conference Room at the County Office Building. She also announced that the United Methodist Church in Colerain has agreed to house a permanent food bank for that area, but that volunteers were needed. The Board concurred that the mobile food pantry should be secured in Bertie County by all means necessary especially in towns that could provide permanent residence for a food bank. Commissioner Wesson informed the Board of a new partnership between NCDOT and the high schools of Bertie County to provide routine clean-up of various areas throughout the County. The program would consist of members of each football team volunteering to pick up trash along the roadways in their own local areas. The Board was asked to support the initiative but no funding was required by the County. Vice Chairman Bazemore reminded the Board that the time of year was approaching to provide a performance evaluation for County Manager Sauer. 9 49

ADJOURN Chairman Trent adjourned the meeting at 2:20PM. John Trent, Chairman Sarah S. Tinkham, Clerk to the Board 10 50

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: C-3 DEPARTMENT: Tax SUBJECT: Settlement of FY 2015-2016 taxes COUNTY MANAGER RECOMMENDATION OR COMMENTS: SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 51

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: C-4 DEPARTMENT: Tax SUBJECT: Charge of the Tax Administrator COUNTY MANAGER RECOMMENDATION OR COMMENTS: SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 88

Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: C-5 DEPARTMENT: Finance SUBJECT: Budget Amendment # s 16-14, 17-01, and Project #17.01 COUNTY MANAGER RECOMMENDATION OR COMMENTS: SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 93

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Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: C-5 DEPARTMENT: County Attorney/Governing Body SUBJECT: Tax Sale Agreement with Bill Forbes of United Forbes Realty, Inc. COUNTY MANAGER RECOMMENDATION OR COMMENTS: Defer to County Attorney. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): Defer to County Attorney. ATTACHMENTS: No LEGAL REVIEW PENDING: Yes ITEM HISTORY: --- 107

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Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: C-7 DEPARTMENT: Governing Body SUBJECT: Approve survey of Submerged Aquatic Vegetation and Water Depth Survey along Albemarle Sound shoreline in conjunction with master plan for 127 -acre site COUNTY MANAGER RECOMMENDATION OR COMMENTS: Recommend approval. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): Recommend approval. ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 109

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Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: D-1 DEPARTMENT: Governing Body SUBJECT: Discuss sponsorship for the 3 rd Annual Aulander Peanut Festival last year s contribution was $500.00 (Gold Sponsor) COUNTY MANAGER RECOMMENDATION OR COMMENTS: Discussion requested. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): Discussion requested. ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 112

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Board of Commissioners ITEM ABSTRACT MEETING DATE: August 22, 2016 AGENDA ITEM: D-2 DEPARTMENT: Governing Body SUBJECT: DRAFT Dangerous Weapons Ordinance COUNTY MANAGER RECOMMENDATION OR COMMENTS: FYI only. SUMMARY OF AGENDA ITEM AND/OR NEEDED ACTION(S): FYI only. ATTACHMENTS: Yes LEGAL REVIEW PENDING: N/A ITEM HISTORY: --- 115

ORDINANCE PROHIBITING THE CARRYING OF DEADLY WEAPONS ON BERTIE COUNTY PROPERTY AND PERMITTING THE POSTING OF SIGNS TO PROHIBIT THE CARRYING OF DEADLY WEAPONS ON BERTIE COUNTY PROPERTY WHEREAS, Bertie County is authorized pursuant to NCGS 153A-121 to define, regulate, and prohibit by ordinance acts detrimental to the health, safety, or welfare of its citizens; and WHEREAS, the Board of Commissioners is concerned about the increased presence of deadly weapons, as defined in NCGS 14-269, on County property and about the threat that such increased presence will pose to the health, safety, and general welfare of the community; and WHEREAS, Bertie County desires to prohibit the carrying of deadly weapons on or in Bertie County government property; and WHEREAS, the County of Bertie desires to provide for the posting of said prohibition in or on Bertie County government buildings owned or operated by the county of Bertie such that the carrying of deadly weapons will constitute a violation of law; NOW, THEREFORE, BE IT ORDAINED by the Bertie County Board of Commissioners that: Section 1. Prohibition It shall be unlawful for any person to carry openly any gun, rifle, pistol, dynamite cartridge, bomb, grenade, mine, powerful explosive as defined in N.C..G.S. 14-269.2, blackjack, metallic knuckles, razor, shurikin, stun gun, or any other deadly weapon of any kind defined under N.C.G.S. 14-269, in or on Bertie County property now or hereafter owned, leased as lessee, operated, occupied, managed, or controlled by Bertie County (hereinafter Bertie County property). Additionally it shall be unlawful for any person while on County property to carry a concealed handgun, whether or not the carrying of said concealed handgun is pursuant to a lawfully issued concealed handgun permit. Section 2. Posting of Signs Required The County Manager or his or her designee is hereby ordered to post appropriate signage on each building or portion of a building now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by Bertie County indicating that the carrying of deadly weapons and concealed handguns are prohibited in Bertie County buildings. Section 3. Location of Signs Signs prohibiting the carrying of deadly weapons shall be posted so as to be visible prior to entering the building. The County Manager shall exercise discretion in determining the necessity and appropriate location for other signs posted on the interior of the building. Section 4. Exemptions This ordinance shall not apply to the following: A. Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons; B. Civil officers of the United States while in the discharge of their official duties; C. Officers and Soldiers of the militia and the national guard when called into actual service; D. Officers of the State, or of any county, city, or town charged with the execution of the laws of the State, when acting in the discharge of their official duties; E. Sworn law enforcement officers; 116

F. Such other persons, firm, corporation, or any other combination of individuals specifically authorized by the Sheriff of Bertie County or his designee to possess deadly weapons on county property. Provided, however, such authorization shall be in writing signed by the Bertie County Sheriff or his designee, a copy of such authorization shall be carried by such authorized person at all times while on Bertie County property and such authorization shall be presented for inspection, if requested, to any person that so requests. Provided further, that the Bertie County Sheriff or his designee shall notify in writing the Bertie County Manager of all persons, firms, corporations or any other combinations of individuals specifically authorized to carry deadly weapons on Bertie County property Section 5. Violations Violations of this Ordinance shall be punishable as a misdemeanor as provided by law. Section 6. Repeal of Conflicting Ordinances All Ordinances or any part of Ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 7. Severability If this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect other provisions or applications of the Ordinance which can be given separate effect, and to that end the provisions of this Ordinance are declared severable. This Ordinance shall be effective on and after the date of adoption. Adopted this the day of, 2016 John Trent, Chairman Bertie County Board of Commissioners Attest: Sarah Tinkham, Clerk to the Board 117