BOC Minutes April 17 2017approve
April 17, 2017
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PERSON COUNTY BOARD OF COMMISSIONERS APRIL 17, 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, April 17, 2017 at 9:00am in the Commissioners’ meeting room
in the Person County Office Building.
Chairman Kendrick called the meeting to order. Commissioner Clayton gave an
invocation and Commissioner Jeffers led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
agenda.
RECOGNITION:
PROCLAMATION FOR THE WEEK OF THE YOUNG CHILD:
Chairman Kendrick read a Proclamation by the Person County Board of
Commissioners proclaiming the week of April 17-21, 2017 as the Week of the Young Child
2017 urging all citizens to recognize and support the needs of young children in Person
County.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Ms. Frances Blalock of 1504 Surl Mt. Tirzah Rd., Timberlake read an abstract titled
Flawed Technology of Subtitle D Landfilling of Municipal Solid Waste by G. Fred Lee
and Anne Jones-Lee dated January 2015; an excerpt of the abstract read: “this report
presents a review of the information available pertinent to public health and environmental
quality protection issues for proposed and existing Subtitle D landfills. Based on this
review it is concluded that this type of landfill will at most locations cause groundwater
pollution by landfill leachate and be adverse to the health, welfare and interests of nearby
residents and property owners/users. As discussed, there is normally significant
justification for those near a proposed Subtitle D landfill to oppose the development of the
landfill and the existence of an operating Subtitle D landfill”.
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont commented that she has
experienced dynamite sounds that shook her house to which she believed to come from the
landfill. She urged the Board to remember the residents living near the landfills recounting
the 61 people within her community affected by environmental issues, such as
contaminated wells or diseases.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of April 3, 2017,
B. Budget Amendment #18, and
C. Tax Adjustments for April 2017
1. Tax Releases
2. NC Vehicle Tax System pending refunds
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NEW BUSINESS:
FIRST READING TO CONSIDER ADOPTION OF THE APPLICATION FOR
SOLID WASTE DISPOSAL FRANCHISE ORDINANCE FOR THE UPPER
PIEDMONT REGIONAL LANDFILL OWNED AND OPERATED BY REPUBLIC
SERVICES OF NC LLC:
Chairman Kendrick stated that Republic Services has submitted an application for
a Solid Waste Disposal Franchise Ordinance for the operation of Upper Piedmont Regional
Landfill for the proposed term of ten years. As required by law, a public hearing was held
on April 3, 2017. Chairman Kendrick noted the application was before the Board for its
first reading and vote. He further noted that regardless of the initial vote, General Statute
153A-46 requires two separate votes at two regular meetings of the Board of
Commissioners to enact the solid waste franchise. The second reading of the application
will be brought back before the Board at its May 1, 2017 meeting.
Chairman Kendrick asked Person County’s Attorney, Ron Aycock to provide an
overview of the proposed Solid Waste Disposal Franchise Ordinance.
Mr. Aycock said the current franchise expires June 30, 2017 and in order to operate
a landfill within the county, two separate items were required: 1) a franchise issued by the
Board of Commissioners and 2) a contract between the Person County Board of
Commissioners and the landfill operator. Mr. Aycock stated the franchise before the Board
submitted by Republic proposed a ten-year franchise effective at the expiration of the
existing franchise and was drafted, in effect, to mirror the existing franchise, i.e., enable
Republic to operate in the same manner that it does currently. The geographic area is the
same: 60 miles radius from the landfill; the volume of the waste authorized is the same:
660 tons per day with all other aspects being the same as the existing franchise. Mr.
Aycock stated that the existing contract between Person County and Republic authorizes
extensions of the contract in one-year increments for an additional ten years. Mr. Aycock
told the group that should the Board approve the franchise, a contract extension would then
be negotiated with Republic.
Commissioner Clayton asked what would happen if there was no agreement on the
contract. Mr. Aycock replied if there was an adopted franchise but no agreement for a
contract, Republic could make the business decision to operate the landfill without Person
County’s waste.
Commissioner Jeffers asked why the Board would consider a franchise ordinance
before a negotiated contract was in place. Mr. Aycock stated that was a policy decision for
the Board.
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A motion was made by Vice Chairman Powell and carried 5-0 to extend the
franchise agreement with Republic Industries for a period of not more than two years
maintaining the current per day tonnage rate and the county staff submit options for closure
of the landfill during this period, and that to include proper procedures, legal requirements,
and costs of implementing each option for consideration by the Board.
Commissioner Clayton confirmed with the group that the options would include
using the county’s old landfill as a transfer station, negotiating with Granville County to
accept solid waste, increased recycling as well as keeping up with new burn technology.
Commissioner Jeffers asked if there was any language in the current contract to
handicap the county from taking waste to another place during the two-year franchise
agreement to which Mr. Aycock stated the existing contract does provide that Person
County will use its best efforts to ensure all the waste generated in Person County goes to
the Upper Piedmont Landfill. Mr. Aycock added that should the county renegotiate an
extension of the contract as the contract is currently worded for the period of that contract
the county would be restricted in sending waste outside the county.
Commissioner Jeffers asked Vice Chairman Powell if he would accept an
amendment to his motion to allow that during negotiation of the contract to have language
in the contract that allows the county to have an out clause sooner than the two years if
another viable option becomes available. Vice Chairman Powell stated he did not mind
that noting that government moves slowly, and he wanted to allow ample time noting he
used “not more than” in his motion. Commissioner Clayton asked Mr. Aycock if the
language in the current contract relating to all waste generated in Person County goes to
the Upper Piedmont Landfill could be taken out. Mr. Aycock stated the assumption to
amend the existing contract to take out the clause that provides that Person County to use
its best efforts to direct the flow of waste from Person County, through an attempt to
negotiate the contract with Republic noting he did not have an opinion as it related to an
economic contractual decision of what the response of Republic. Commissioner Jeffers
stated if the negotiation of the contract was not worked out, then the Board could vote down
the application for franchise at the next reading which would allow that the landfill to close
on June 30, 2017. Mr. Aycock said the extensions of the existing contract provide that it
can be extended in yearly increments for up to ten yearly increments and provides authority
to negotiate the contract for one year or under the terms of the proposed franchise, two
years.
Commissioner Clayton confirmed with Mr. Aycock that the Board could approve the
franchise for two years and the contract one year which would not require an amendment
to the motion. Mr. Aycock confirmed the intent of the Board to negotiate the contract for
a period of one year at a time, up to the two years for the proposed franchise.
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COMMUNITY CHILD PROTECTION TEAM ANNUAL REPORT:
Dept. of Social Services Director, Carlton B. Paylor introduced Ms. Judi Akers,
Child Welfare Program Manager and Chairman of the Person County Community Child
Protection Team (CCPT) to present an annual report to the Board of Commissioners.
Mr. Paylor said the CCPT was established as one means for the state and local
communities to form a partnership to strengthen child protection in response to Executive
Order 142 in May 1991. The duties and responsibilities of the CCPT are contained in 10A
NCAC 70A .0201. In North Carolina, each CCPT reviews active child welfare cases,
fatalities, and other cases brought to the team for review. The purpose of the case reviews
is to identify systemic deficiencies in child welfare services or resources. Once identified,
teams develop strategies to address the gaps in the child welfare system within the county
and report to the state areas of concern that warrant action by the state. Teams promote
child well-being through collaboration. CCPT also promote child well-being through
public awareness.
Ms. Akers stated the mission of the CCPT as follows: Recognizing that child
protection is the responsibility of everyone, and responding to child protection needs is
more effective before a child is harmed; the CCPT, a team composed of agency
representatives, child advocates, and citizens at large, will take action to identify and
address gaps or deficiencies in services and resources through the annual report to the
Board of County Commissioners, collaboration with community partners, promising
public awareness, and advocating for action that addresses the child protection needs of
each county.
Ms. Akers noted Person County’s CCPT met 11 times in 2016. The primary topic
of discussion in the meetings continued to revolve around the prevalence of substance
abuse and its effects on the children within the community. The team reviewed eight (8)
cases presented by DSS and the Health Department. While there are multiple reasons that
cases are presented to Community Child Protection Teams in the state, Person County’s
team primarily reviewed active cases in which there were allegations of substance abuse
or a need for mental health services either for the parents or for the children. Often there
were other concerns described in the case presentation. In one case, in addition to the
parent’s untreated mental health concerns, the family presented with housing issues,
extreme poverty and limited family supports. In another there was a need for classes for
parents of children with disabilities. Lack of cultural connections and available resources
for the family were issues in yet another presentation.
Ms. Akers said the team has discussed educating the community regarding the
effects of substances on children exposed to and testing positive for legal and illegal drugs.
While we do not know the long-term effects on these children we have seen infants testing
positive for methadone at birth suffering tremors and withdrawal from the drugs.
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Looking at the average number of children in foster care per month for the past five
(5) years, there is a significant spike in 2016. In 2012, 2013 and 2014, the number of
children in foster care averaged between 58 and 59 per month. In 2015, the average number
of children in Person County DSS custody increased to an average of almost 77 per month.
In 2016, the average number of children in care was 87. DSS data indicates that at least
61% of the children in DSS custody are affected in some way by substance abuse – their
parent or caretaker’s addiction and/or the child tested positive for a substance including
alcohol, cocaine, methadone, heroin, ecstasy, prescription medicines and, in some cases,
multiple substances.
Ms. Akers stated the CCPT and Person County DSS continue to acknowledge the
problems of substance abuse and economic disparity in Person County as a first step.
Educating ourselves about the long-term effects of substance abuse on the children and
families, encouraging families who have broken the cycle of intergenerational dependency
to be positive role models, having adequate resources including funding, court time and
foster families in the county, to name a few, are hurdles to overcome. Ms. Akers quoted
Zig Ziglar “Our children are our only hope for the future, but we are their only hope for
their present and their future.”
The Board thanked Mr. Paylor and Ms. Akers for their efforts for the children of
Person County.
ADOPTION OF THE CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS
2018-2022:
County Manager, Heidi York reminded the group that the Recommended five-year
Capital Improvement Plan (CIP) was presented to the Person County Board of
Commissioners on April 3, 2017 noting the adoption of the CIP will allocate funding for
the priority projects for the County, Person County Schools, and Piedmont Community
College for FY 2017-2018. The document also sets the priorities of the projects for future
fiscal years, although funding appropriated only on an annual basis and the plan reviewed
each year during the budget process. Ms. York stated the total amount proposed for Fiscal
Year 2018 was just over $2M all with current funds as opposed to debt proceeds noting a
major decrease over the previous fiscal year. Ms. York further noted staff’s intent to reduce
spending on capital and recommending that no projects are financed in the coming fiscal
year. Ms. York asked the Board to direct staff on any changes to the document and then
adopt the CIP.
Ms. York noted a few adjustments from the initial recommended CIP for 1) adding
a project to the Person County Schools list for a Facility and Use Audit at a cost of
$120,000, 2) anticipated an adjustment on the cost of the tax software next year where there
was an allocation of $375,000 however only may need up to $100,000, 3) the hangar project
at the airport was no longer listed on the CIP; staff will bring a request to the Board to
allocate the $800,000 set aside for hangars to now go toward the runway extension project,
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and 4) purchase of the VIPER radios for the volunteer fire departments was proposed to be
tied to the financing of the tower improvement project in the current fiscal year but now
recommended to be purchase with advanced funding from the General Fund to cover the
costs with the intent to be reimbursed with the financing proceeds.
Chairman Kendrick asked for confirmation for the technology for the VIPER radios
to match the tower infrastructure to be constructed. Assistant County Manager, Sybil Tate
stated the state has committed to the VIPER system and the towers are already in use in
Person County.
Commissioner Jeffers asked Ms. York about Person County Schools snow removal
issues to which Ms. York said the Superintendent followed up with staff noting they were
unaware.
Ms. York followed up with the Board’s previous request related to the Parks and
Recreation light poles containing moisture noting they have been assessed and the findings
resulted in no moisture damage.
Vice Chairman Powell asked Ms. York about the roof proposed for the Bus Garage
on Winhaven at a cost of $202,000 noting in three years construction of a maintenance
warehouse. General Services Director, Ray Foushee confirmed the roof was the old Bus
Garage building that houses offices on Winhaven and the construction of a maintenance
warehouse will replace the dilapidated warehouse on the same property (separate building).
Vice Chairman Powell stated the funds received from the state, and referred to as
Article 40 and 43 sales tax funds distributed across all school systems that come to the
county from the state are earmarked for school construction and school debt. He wanted
the taxpayers to know that $1M plus was not county funds and asked staff to clarify such
in the charting of funds.
Commissioner Jeffers inquired about placing bathrooms at the Olive Hill Park for
use by participants. Mr. Foushee said John Hill, Director of Arts, Parks and Recreation
has a plan in place for bathrooms but was unsure when it would be in place. Ms. York
stated she would follow up with Mr. Hill.
A motion was made by Commissioner Clayton and carried 5-0 to adopt the Capital
Improvement Plan for Fiscal Years 2018-2022 as presented. The approved Funding
Schedule follows:
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APPOINTMENTS TO BOARDS AND COMMITTEES
Clerk to the Board, Brenda Reaves presented to the Board for consideration to
nominate for appointment interested citizens applications for the following current
vacancies:
Adult Care Home Community Advisory Committee
1-Year Initial Term; 3-Year Reappointment: 2 positions available
1) Gladys F. McGhee requested appointment
A motion was made by Commissioner Jeffers and carried 5-0 to appoint Gladys
F. McGhee to the Adult Care Home Community Advisory Committee for an initial 1-year
term.
Home Health and Hospice Advisory Committee
3-Year Term:
1 position representing a consumer
1) Mitch Pergerson requested reappointment
1 position for a hospital representative - No applications
A motion was made by Commissioner Clayton and carried 5-0 to reappoint Mitch
Pergerson to the Home Health and Hospice Advisory Committee for a 3-year term.
Juvenile Crime Prevention Council
1-Year Initial Term: 2-Year Reappointment
1 position for a person under the age of 21
1) Blanca Citalli Vazquez requested appointment,
2) Dylan Yarboro requested appointment
1 position representing the faith community – No applications
2-Year Term:
1 position each representing Juvenile Defense Attorney – No applications
A motion was made by Vice Chairman Powell and carried 5-0 to appoint Dylan
Yarboro to the Juvenile Crime Prevention Council representing in the position for a person
under the age of 21 for an initial 1-year term.
The Board asked staff to convey their regret that both applicants could not be
appointed and urged Ms. Vazquez to attend the JCPC meetings to provide input although
she would have no voting authority.
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CHAIRMAN’S REPORT:
Chairman Kendrick had no report.
MANAGER’S REPORT:
County Manager, Heidi York reported the Person County Senior Center has begun
the process to move into the new facility. Chairman Kendrick added a ribbon cutting has
been scheduled for May 23, 2017 at 5:00pm with an open house from 4:00pm to 6:00pm.
Ms. York noted that county employees would have access to the fitness gym starting on
July 1, 2017 following the health benefits open enrollment.
Ms. York sought input from the Board related to the future of the Old Senior Center
located on Depot Street. She asked for the Board’s permission to offer to transfer this
property back to the City with right of first refusal, and if they decline, offer it for sale.
A motion was made by Commissioner Puryear and carried 5-0 to place the Depot
Street property for sale.
Ms. York announced Ms. Lori Oakley has been hired as the County’s Planning
Director and began work on this date.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported he would be speaking at North End Elementary
School and Southern Middle School.
There was no report by Vice Chairman Powell nor Commissioners Clayton and
Puryear.
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CLOSED SESSION #1
A motion was made by Vice Chairman Powell and carried 5-0 to enter into Closed
Session per General Statute 143-318.11(a)(5) at 10:00am 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, Interim IT Director, Chris Puryear and 911 Communications
Manager, Brett Wrenn.
Chairman Kendrick called the Closed Session to order at 10:03am.
A motion was made by Commissioner Jeffers and carried 5-0 to return to open
session at 10:26am.
A brief break was taken from 10:26am. The Board reconvened at 10:28am.
CLOSED SESSION #2
A motion was made by Vice Chairman Powell and carried 5-0 to enter into Closed
Session per General Statute 143-318.11(a)(6) at 10:29am for the purpose to discuss
personnel to hear or investigate a complaint, charge, or grievance by or against an
individual public officer or employee with the following individuals permitted to attend:
County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron
Aycock, and Human Resources Director, Angie Warren.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 10:52am.
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ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 10:52am.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman