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BOC Minutes February 21 2017approve February 21, 2017 1 PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 21, 2017 MEMBERS PRESENT OTHERS PRESENT Tracey L. Kendrick Heidi York, County Manager Gordon Powell C. Ronald Aycock, County Attorney Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board Kyle W. Puryear B. Ray Jeffers The Board of Commissioners for the County of Person, North Carolina, met in regular session on Tuesday, February, 2017 at 9:00am in the Commissioners’ meeting room in the Person County Office Building. Chairman Kendrick called the meeting to order. Vice Chairman Powell gave an invocation and Commissioner Puryear led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the agenda. PUBLIC HEARING: REQUEST TO ADD NEW ROADWAY NAME, LICK CREEK LN, TO THE DATABASE OF ROADWAY NAMES USED FOR E-911 DISPATCHING: A motion was made by Commissioner Puryear and carried 5-0 to open the duly advertised public hearing for a request to add a new roadway name, Lick Creek Ln, to the database of roadway names used for E-911 dispatching. GIS Manager, Sallie Vaughn presented a request by the Person County Address Coordinator to add Lick Creek Ln to the database of roadway names used for E-911 dispatching. The private roadway, proposed for a new name, is accessible off Gray Rd which begins in Orange County, and terminates in Person County. Due to impending changes in E-911 dispatching software, Ms. Vaughn stated by adding a new roadway along the private driveway and re-addressing the two private residences would reduce ambiguity caused when 911 calls are dispatched and first responders are routed to a road outside Person County as well as for the addressing to be in compliance with the County’s Addressing Ordinance and to protect public health, safety and general welfare. Ms. Vaughn noted the property owners have been kept informed of these impending changes via certified mail. February 21, 2017 2 There were no individuals appearing before the Board to speak in favor of the request to add a new roadway name, Lick Creek Ln, to the database of roadway names used for E-911 dispatching. Speaking in opposition to a request to add a new roadway name, Lick Creek Ln, to the database of roadway names used for E-911 dispatching was the following individuals: Mr. John M. Tezai of 5214 Gray Rd, Timberlake stated issue with the impending change noting an extreme hardship and inconvenience for he and his wife, as well as, his neighbor, Ms. Theresa Brewer, the second resident on the property. Mr. Tezai stated he and Ms. Brewer reside on the old Gray Farm in Timberlake. Mr. Tezai noted the primary entrance to the farm is off of Al Gray Rd., which is in Person County which is where Ms. Brewer’s home and an old vacant farmhouse is located. Mr. Tezai said his parcel containing seven acres has 4.5 acres in Orange County and 2.5 in Person County. With septic issues, Mr. Tezai stated he was prohibited to build on the Orange County side of his parcel. His house is on Gray Rd in Person County. Because it was a jurisdictional issue, Mr. Tezai explained he contacted Orange County when he built his house so the system would be ready noting all his services are from Hillsborough (Orange County), except for public safety. Mr. Tezai noted for a 911 call from his residence, it will be received in Orange County, to which a note was created to notify Person County, whose system has a note with directions to his home. Ms. Tezai recognized that Person County has the right and authority to name or rename a road or street in its jurisdiction. Mr. Tezai noted the jurisdictional issue is that Gray Rd is in Orange County and about 100 yards of his driveway is in Orange County, whereby Person County is trying to name a road that will be in Orange County, outside the Person County jurisdiction, which would need to be vetted with the Orange County system to not upset the Orange County 911 database as well as similar roads already existing. Mr. Tezai said that Ms. Vaughn indicated that the new software upgrade will no longer allow for manually entering notes to give directions to his home. Mr. Tezai asked why the software system couldn’t be manipulated to continue to recognize his current address for a least disruptive method. Ms. Theresa M. Brewer of 327 Al Gray Rd, Timberlake stated the hardship that will be caused related to all their contacts that she and the Tezais currently have that will be impacted with both residences having a new address imposed. Chairman Kendrick asked Ms. Vaughn why Gray Rd would not work for 911 dispatching to which she replied the issue would be duplication in both Person and Orange Counties. Ms. Vaughn stated she has spoken with the address coordinators in Orange County and they have approved the proposed roadway name as well as two of the three names that the property owners have suggested. Ms. Vaughn noted that both the road name and the number for the addresses are proposed to change. She added that with the proposed change, the new system will pick up their calls to 911 so that they are routed to Person County and not Orange County. February 21, 2017 3 Ms. Vaughn addressed the software system where currently there is a note in the system that directs services to the Tezai property. Ms. Vaughn said the conversion of that note to the new software system was going live April 1st was not going to happen. Ms. Vaughn said she did not know if a new note would be possible, and who would be responsible to enter such, into the new software due to not being able to confirm with the software vendor. Ms. Susan Tezai added that it was her understanding that the ability to add notes to the software system was an option that was decided not to be purchased. Ms. Vaughn confirmed. Sheriff Jones, when asked by Commissioner Jeffers, stated there was a longer delay in emergency response time that could be corrected, if changed. Commissioner Jeffers asked if the Tezai address was integrated into the Person County system and 911 dispatched to Gray Rd, and should that be the only Gray Rd in Person County, why wouldn’t that not work. Ms. Vaughn stated the responders would know to go to that one specific address, but anything along that road range or if they used a cell phone, there will be a problem. She advocated that lesser individuals would be impacted by renaming the roadway as proposed. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for a request to add a new roadway name, Lick Creek Ln, to the database of roadway names used for E-911 dispatching. CONSIDERATION TO GRANT OR DENY REQUEST TO ADD NEW ROADWAY NAME OF LICK CREEK LN: GIS Manager, Sallie Vaughn stated the individuals that live along this road made suggestions for the roadway name preferences should a new roadway name be chosen in lieu of their current address. Those include: Brewer Ln, Cedar Ridge Ln and Gray Farm Ln. Ms. Vaughn said all the new roadway names have been approved by Orange County with Person County’s 911 preference for Brewer Ln or Gray Farm Ln. Commissioner Jeffers stated disbelief that the County is paying for a software system that the vendor contact is unreachable. Commissioner Jeffers stated preference to get the questions answered that should have been answered before being presented to the Board. He offered that the Board consider delaying action to allow time to reach the vendor about adding a note to the new system and the cost of the conversion to transfer any notes in the current system to the new system. A motion was made by Commissioner Jeffers and carried 5-0 to delay action on the request to add a new roadway name, Lick Creek Ln, to the database of roadway names used for E-911 dispatching until the Board’s March 6, 2017 meeting at 7:00pm. February 21, 2017 4 INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Sheriff Dewey Jones of 1780 Clay Long Rd., Timberlake advocated for the additional new position for a sworn officer that was needed to handle the new technology with body-worn cameras and in-car cameras for use as evidence for court proceedings. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of January 12, 2017, B. Approval of Minutes of January 23, 2017, C. Approval of Minutes of February 6, 2017, D. Budget Amendment 14, E. Tax Adjustments for the month of February 2017 a. Tax Releases b. NC Vehicle Tax System pending refunds BROADBAND UPDATE: Assistant County Manager, Sybil Tate recalled that on August 25, 2016, Person County released a Request for Proposals (RFP) asking vendors to submit proposals to provide broadband service to unserved areas of the county, economic corridors, and install fiber to government facilities. Since the broadband project was last discussed, Ms. Tate stated one of the broadband vendors has rescinded their proposal. The vendor stated that they have other projects that they are focused on and are considering two other broadband RFPs; however they may be interested in working with Person County at a later date. In addition, the General Assembly has expressed interest in addressing issues surrounding rural broadband, so staff has provided an option that moves the wireless installation forward, but delays some of the fiber build out. Ms. Tate noted that at the budget retreat, the Board did not have consensus for a funding mechanism for the fiber project. As a result, staff has provided a cheaper annual option. This option will result in more long-term costs, but the initial annual costs are less. Below are the options that were presented by the broadband consultant, Mr. Joe Freddoso via Skype teleconference with the Board: February 21, 2017 5 OPTION #1- Move forward with wireless and county fiber construction only. Re-issue fiber RFP in FY2020. FY17 FY18 FY19 FY20 FY21 TOTAL  $100,000 $1,950,000 $1,800,000 ? ? $3,850,000  OPTION #2 – Open access network with county-owned fiber with a long-term (20-30 years) lease to vendor to serve all unserved areas. Estimated maintenance annually at $35,000 with incentives to each unserved household. OPTION #3 – Open access network with privately-owned county fiber to which the county would lease at a projected cost annually at $20,000. The estimated annual maintenance costs $20,000.  Annual payment of $380,000 per year beyond the 4 year contract Mr. Freddoso confirmed that Option 1 presented provided the lease cost to the county, but would allow for expansion at a later time. A motion was made by Commissioner Puryear and carried 5-0 to pursue Option 1 as presented to move forward with wireless and county fiber construction only at this time. REMEDIATE METHANE GAS AT CLOSED COUNTY LANDFILL: General Services Director, Ray Foushee informed the Board that several years ago the NC Dept. of Environmental and Natural Resources (NCDENR) required that the County implement a means of removing methane gas at the County’s closed landfill which was migrating to the western property boundary. In response, the County installed a passive gas vent system. Though the required monthly monitoring over the last couple years, NCDENR has determined that the passive vent system was insufficient in removing the necessary amount of methane gas, as the monitoring levels at the property boundary was still too high, and further corrective action was necessary. Mr. Foushee told the group that corrective action was required by NCDENR. FY18 FY19 FY20 FY21 TOTAL   $1,953,300    $2,719,800     $1,022,000  $915,712    $6,610,812   FY18 FY19 FY20 FY21 TOTAL   $646,700    $1,284,200     $1,369,200  $781,600    $4,081,700  February 21, 2017 6 Mr. Foushee stated that the County’s landfill engineers, Smith & Gardner, have recommended that the most cost effective approach would be to modify the current system to be an active landfill gas system, through the use of two passive solar flares. Mr. Foushee noted the approximate cost, including installation, was $24,750 to which Smith & Gardner would handle the installation. Mr. Foushee noted the annual gas monitoring would be $10,800, which reflects a slight increase over the current monitoring fee that is already in the landfill budget. Mr. Foushee sought approval from the Board to have Smith & Gardner modify the County’s current gas remediation system at cost of $24,750, and to be funded using contingency funds. Chairman Kendrick inquired about the possibility of converting methane into electricity to which Mr. Foushee stated he had not researched that option as he sought the most cost effective approach. Commissioner Clayton added that there may not be enough of the methane gas being produced for conversion to electricity, but the amount surpassed the threshold allowable by NCDENR. A motion was made by Commissioner Jeffers and carried 5-0 to approve Smith & Gardner to remediate the County’s Methane Gas System at the County’s Closed Landfill at a cost of $24,750 and to fund the costs from the Contingency Fund. RE-APPOINTMENTS TO PERSON COUNTY BOARD OF EQUALIZATION AND REVIEW: Tax Administrator Russell Jones requested Board consideration and action to appoint members to the Special Board of Equalization and Review and to select a chair. At the 2017 Budget Retreat, the Commissioners discussed the upcoming need to appoint members to the Person County Board of Equalization and Review to which the Board asked Mr. Jones to contact the previous members about their availability to continue to serve in this capacity. The following members responded back to Mr. Jones that they were willing to serve: Margaret Bradsher, former Chair Curtis Bradsher Sam Kennington David Newell, Sr. Faye Boyd February 21, 2017 7 Mr. Jones noted the County’s Special Board, which was established by resolution on January 7, 2013, functions as the Board of Equalization and Review to hear appeals from taxpayers regarding tax values for property taxes. The adopted Resolution provided for the membership, qualifications, terms of office, and the filling of vacancies on this board. This Special Board consists of five members with a term of four years. Commissioner Puryear stated his interest in continuing to serve as an active member on the Board of Equalization and Review. Commissioner Jeffers stated his willingness to continue to serve as an alternate member of the Board of Equalization and Review. A motion was made by Commissioner Puryear and carried 5-0 to reappoint former commissioners, Ms. Margaret Bradsher, Mr. Curtis Bradsher, Mr. Sam Kennington, Mr. David Newell, Sr. and Commissioner Kyle Puryear to serve as the active members, and to reappoint Faye Boyd and Commissioner Jeffers as alternates to the Person County Special Board of Equalization and Review and to select Ms. Margaret Bradsher as the Chair. BOARD AND COMMITTEE APPOINTMENTS: Brenda Reaves, Clerk to the Board presented citizen applications for consideration for appointment received for current vacancies on county boards and committees and asked for Board nomination for appointment as deemed appropriate. Board of Adjustment Unspecified Term; 1 position for an alternate 1) James A. Thomasson requested appointment A motion was made by Commissioner Puryear and carried 5-0 to appoint James A. Thomasson to the Board Adjustment to serve as the alternate for an unspecified term. Person Area Transportation System Board 3-Year Term: 1 position available for a representative of private industry No applications received 1 position available for a representative of economic development No applications received 2 positions available for citizens-at-large 1) Jason Torian requested appointment A motion was made by Commissioner Jeffers and carried 5-0 to appoint Jason Torian to the Person Area Transportation System Board for a 3-year term. February 21, 2017 8 CONSIDERATION TO CHANGE THE BOARD OF COMMISSIONERS JULY 17, 2017 MEETING TO A NEW DATE AT 9:00AM: Commissioner Clayton requested Board consideration to change the Board’s July 17, 2017 regular scheduled meeting to be changed to a new date mutually agreeable to the Board at 9:00am. A motion was made by Commissioner Clayton and carried 5-0 to change the Board of Commissioners’ July regular scheduled meeting to now be held on July 10, 2017. CHAIRMAN’S REPORT: Chairman Kendrick reported statistics associated with accessibility to broadband would increase businesses by 5% or 6,000 and increase 6,541 jobs. MANAGER’S REPORT: County Manager, Heidi York stated that both Chairman Kendrick and Commissioner Puryear had interest in holding an informal FY2017-2018 budget comments prior to the Manager’s Recommended Budget would be presented on May 15, 2017. She asked the Board if they desired to hold an additional public hearing prior to May 15, 2017 noting the scheduled Budget Public Hearing was scheduled for the meeting following the recommended budget on June 5, 2017. It was the consensus of the Board to not hold an additional public hearing and to schedule the budget work sessions after the June 5, 2017 budget public hearing. Ms. York asked for direction on the educational budgets; if joint meetings with both the Board of Education and Piedmont Community College (PCC) Board of Trustees was the desire of the board or if subcommittee with the Chairs and Vice Chairs were favored, or if the Manager should receive the budget request for the recommended budget. It was the consensus of the Board of Commissioners to have a presentation from each Person County Schools and PCC at one of the scheduled work sessions. COMMISSIONER REPORT/COMMENTS: Commissioner Jeffers reported he had been asked to serve on a Strategic Planning Committee for Timberlake Volunteer Fire Department. Commissioner Clayton reported that former Health Department retiree, Nannie Wilson Hatcher, has passed away. Commissioner Clayton introduced Mr. Ric Bruton with Cardinal Innovations Healthcare, present in the audience. Commissioner Puryear had no report. February 21, 2017 9 Vice Chairman Powell announced that the Board of Commissioners has been invited to a local town hall meeting scheduled to be held on April 4, 2017 at 10:00am in the City Hall Council Chambers noting both Representative Larry Yarborough and Senator Mike Woodard would be present. CLOSED SESSION #1 A motion was made by Commissioner Puryear and carried 5-0 to enter Closed Session per General Statute 143-318.11(a) (3) at 10:11am to consult with an attorney with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and Assistant County Manager, Sybil Tate. Chairman Kendrick called the Closed Session to order at 10:13am. A motion was made by Vice Chairman Powell and carried 5-0 to return to open session at 10:32am. Chairman Kendrick announced that from the Closed Session, the Board has decided to move forward with scheduling the public hearing associated with the franchise for the operation of the County’s landfill. A motion was made by Commissioner Puryear and carried 5-0 to call for a public hearing regarding application for Solid Waste Disposal Franchise Ordinance to be held on April 3, 2017 at 7:00pm in the County Office Building Auditorium. A motion was made by Commissioner Jeffers and carried 5-0 to change the location of the Board’s April 3, 2017 meeting to be convened in the County Office Building Auditorium. Chairman Kendrick announced that he, Vice Chairman Powell and Commissioner Jeffers would be meeting with Ms. Natalie Brozy, Director of Roxboro Community School for a tour immediately following the meeting. February 21, 2017 10 ADJOURNMENT: A motion was made by Commissioner Jeffers and carried 5-0 to adjourn the meeting at 10:34am. _____________________________ ______________________________ Brenda B. Reaves Tracey L. Kendrick Clerk to the Board Chairman