BOC January 5 2015
January 5, 2015
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PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 5, 2015
MEMBERS PRESENT OTHERS PRESENT
Kyle W. Puryear Heidi York, County Manager
David Newell, Sr. C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Jimmy B. Clayton
Tracey L. Kendrick
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, January 5, 2015 at 7:00 pm in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Puryear called the meeting to order and asked Commissioner Kendrick
to lead invocation. Vice Chairman Newell led the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Kendrick and carried 5-0 to approve the
agenda.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Ms. Pat Hill of 916 Mann Oakley Road, Rougemont and a resident near the
landfill told the Board that a bad odor was coming from the landfill since November 19,
2014. Ms. Hill stated she talked with Mr. Duhon on December 31, 2014 without
satisfaction noting her desire to get satisfaction from the Board. Ms. Hill told the Board
she would be letting them know by her phone calls if the odor continues.
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont talked about the county’s
environmental issues related to air, water and land at the landfill. Ms. Blalock stated air
quality has decreased in the community around the landfill noting examples of many
COPD cases, residents currently diagnosed or resulting in death from cancers caused by
environmental toxins. Ms. Blalock spoke of nearby wells containing high levels of
arsenic, lead contaminated soil in unlined areas, destroyed streams, illegal destruction of
graves and current dynamiting taking place near the Neuse River Basin. Ms. Blalock
commended Nu-Way Cleaners for being environmental business-minded by keeping
polyethylene out of the landfill. Ms. Blalock told the Board of an article written related
to coal-fired boilers being replaced with emission reducing scrubbers in Tennessee that
resulted in a system-wide reduction of air pollution. Ms. Blalock stated it was illegal for
the City of Roxboro to take their trash to the landfill.
Vice Chairman Newell requested a copy of Ms. Blalock’s informal comments.
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DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Newell and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of December 1, 2014
B. Approval of Minutes of December 8, 2014
C. Budget Amendment #11
UNFINISHED BUSINESS:
PUBLIC NUISANCE AND APPEARANCE ORDINANCE DISCUSSION:
Planning Director, Mike Ciriello noted at the Board’s November 17, 2014
meeting, staff and residents presented to the Board of Commissioners a summary of the
problems and complaints associated with trash and abandoned structures. Staff provided
the Board with options for addressing these concerns. The Board directed staff to
examine: 1.) How Person County’s existing ordinances might be amended to address the
public’s concerns with trash and abandoned structures; and 2.) if the process to resolve
issues could be accelerated and simplified.
Mr. Ciriello stated staff has reviewed the County’s existing rules and determined
that the existing ordinances do not address the issues effectively because a Zoning (Land
Use) Ordinance, designed to provide community’s guidance about land uses, is not well-
designed to regulate nuisances. In other places, public nuisances are addressed by
Ordinances crafted independent of land use standards and adopted with specific steps for
enforcement.
Mr. Ciriello noted that the County currently has one Ordinance to regulate a
public nuisance: abandoned automobiles on private property. To regulate other
nuisances, like litter and abandoned structures, staff must rely on the Zoning Ordinance
“Notes” that follow the Zoning Ordinance’s “Table of Permitted Uses”, or argue that the
litter constitutes a home-based business.
Mr. Ciriello said there is no language in any existing Person County Ordinance
that addresses litter/trash on private property except for Home Occupations (Note 1); but,
the Zoning Ordinance lacks a definition of home based business; provides no language
providing standards for masking and controlling the most noxious home business uses;
and, finally, staff possesses almost no tools to verify that any but the most egregious are
home-based businesses.
Mr. Ciriello stated, in the opinion of staff, using home occupation regulations to
control litter and trash on private property side-steps the issue and the impact on property
values, public health and safety; Staff recommends crafting a specific Public Nuisance
Ordinance to address the issue of litter and abandoned structures and combining it with
the existing Abandoned Vehicle Ordinance.
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Mr. Ciriello shared the following presentation with the Board:
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Mr. Ciriello recommended that the Board consider pursuing a County Unified
Development Ordinance (UDO) to combine all the County’s existing ordinances to add
and/or remove language to address current issues along with establishing an Appearance
Commission possibly in joint effort with the City of Roxboro.
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Mr. Ciriello told the Board he could facilitate the process for a County UDO
noting it would be time consuming and he would need more staff to accomplish such a
project. Mr. Ciriello suggested that the Board further address the County UDO as well as
the Appearance Commission at the budget retreat through straw poll.
Commissioner Newell asked Mr. Ciriello the status of the Yarborough case. Mr.
Ciriello stated the property owner was required by the District Court Judge to remove the
trailer from the site just before the holidays noting as of this date it had not been
removed.
Commissioner Jeffers noted his desire to strengthen the County’s current
ordinance(s) and for the process to remain complaint based. Assistant County Manager,
Sybil Tate proposed the following enforcement options:
a) Enforcement for litter violations: The Sheriff’s Office will manage the initial
visit and investigation. The Planning Department will handle the notification,
hearing and appeal requirements. In the event that a resident is cited three times in
one year (chronic offender), the county could contract to have the litter cleaned up
and then collect the cost of abatement via the property tax bill.
b) Enforcement for abandoned structures: The Inspections Department will
manage the initial visit, investigation, and appeals process. The Planning
Department would manage the abandoned mobile home removal grant program.
The court system must provide an order of abatement and in the event that the
court directs the county to front the cost of abatement, those costs could be
collected when the property is sold. NOTE: The cost of removal of abandoned
structures could be collected via the property tax bill, if the Board adopts a
minimum housing code.
Mr. Ciriello told the Board the County’s current ordinances present a disconnect
related to the public nuisance and litter issues. County Manager, Heidi York noted the
Board could consider a specific public nuisance ordinance for litter and abandoned
structures or up-fitting the County’s current ordinance with clarifying definitions and
objective criteria.
If the Board decides to adopt litter regulations, staff recommended appointing a
joint Appearance Commission with the City of Roxboro to help craft the ordinance
language, organize clean-up activities and develop future appearance-related concepts,
such as landscaping and architectural requirements. The City Council has discussed
creating an Appearance Commission and may be interested in creating a joint
commission according to Mr. Ciriello and Ms. Tate.
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Commissioner Kendrick stated he did not support an Appearance Commission
and did not like using the resources of the Sheriff for enforcement. Vice Chairman
Newell and Commissioner Clayton noted the safest procedure with best results was to use
a deputy for enforcement and further noted should a warrant or disruptive behavior occur,
the Sheriff’s Department would be involved.
Commissioner Newell requested staff to send the Board the current ordinances for
their review.
Chairman Puryear suggested the Board to direct the Planning Board to bring the
Commissioners a recommendation. Commissioner Jeffers stated his preference to craft
the revised ordinance and then ask for the Planning Board’s input. Ms. Tate offered to
bring more information to the Board at the budget retreat to request the Board’s direction
to pursue the UDO process to consolidate, update and add new criteria or review the
County’s current ordinances separately to update and add new criteria as needed. Mr.
Ciriello offered to outline the UDO process and identify the problematic areas within the
current ordinances at the Board’s budget retreat.
Ms. York suggested for the Board to have a separate work session to further
discuss the need for the UDO and/or ordinance updates. Commissioner Kendrick asked
Mr. Ciriello if the Board can receive a report summarizing the redundant ordinances that
need to be updated prior to the work session. Staff agreed to provide a summary report to
the Board of the current redundant county ordinances.
A motion was made by Commissioner Jeffers and carried 5-0 for staff to
schedule a separate work session for the Board to further discuss the process to
reorganize existing ordinances.
NEW BUSINESS:
GOVERNOR HIGHWAY SAFETY GRANT FOR 2015-2016 PERSON COUNTY
SHERIFF’S OFFICE:
Sheriff Dewey Jones requested Board approval to pursue a Governor Highway
Safety Grant in the amount of $67,000.00 with a 50/50 match for the Person County
Sheriff’s Office. Sheriff Jones stated the match for the Governor Highway Safety Grant
would be funded with asset forfeiture funds noting the grant would enable the Sheriff’s
Office to purchase seven (7) in-car cameras and ten (10) radar units for patrol cars.
Sheriff Jones stated the asset forfeiture funds are restricted for only specific uses such as
training and equipment. Sheriff Jones and the Finance Director, Amy Wehrenberg
estimated $100,000 in the restricted use fund at this time.
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Sheriff Jones requested Board approval for staff to pursue a Governor Highway
Safety Grant in the amount of $67,000 with a 50/50 match funded with asset forfeiture
funds.
A motion was made by Commissioner Jeffers and carried 5-0 to approve for the
Person County Sheriff’s Office to pursue a Governor Highway Safety Grant in the
amount of $67,000 with a 50/50 match funded with asset forfeiture funds.
REQUEST FROM THE DEPARTMENT OF SOCIAL SERVICES FOR
ADDITIONAL POSITIONS TO BE FUNDED WITH STATE AND FEDERAL
REIMBURSEMENT FUNDS:
County Manager, Heidi York told the Board that Mr. Carlton Paylor, Director of
the Department of Social Services (DSS) would be seeking Board approval for new
positions due to the Department of Social Services (DSS) receiving additional State and
Federal funding beyond budgeted amounts. Ms. York noted new positons are not
typically considered outside the budget process; however, the DSS is in a unique positon
noting their federal and state reimbursements for programs within Medicaid, Income
Maintenance and Food Stamps programs have been at 75% with the budget projected at
50%. The additional 25% reimbursement revenue has been accruing in a separate
account at DSS and is restricted for use in the mandated programs of income
maintenance, food stamps, and Medicaid as a means to address the increased workloads
from NC Families Accessing Services through Technology (NCFAST) and the
Affordable Care Act and assist in preventing a backlog related to ongoing
implementation of NCFAST (a program that consolidates the application for services.)
Mr. Paylor stated the new positions would include four (4) time-limited Income
Maintenance Technician temporary positions to verify information on the application for
services. Mr. Paylor said this is a proactive approach to prevent any financial penalties
against the county due to the heavy workload and to ensure timely processing of the
application for services. Mr. Paylor stated the four time-limited Income Maintenance
Technician temporary positions have to be approved by the Board of Commissioners but
noted they would be at no cost to Person County. Mr. Paylor stated the additional
revenue began on June 1, 2014 and to date has accrued up to approximately $411,000 to
fund salary, benefits, and technology needs, i.e. Computer, software, licenses, and
telephone.
Mr. Paylor confirmed for the Board that the request for the time-limited
temporary positons would have no impact on the budget and he would hire up to four
temporary positions based on the backlog and the need for additional staff on a monthly
review with his staff. Mr. Paylor further confirmed that should the funding cease by the
state, the temporary positions would be terminated.
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A motion was made by Commissioner Jeffers and carried 5-0 to approve four (4)
time-limited Income Maintenance Technician temporary positions to be funded with
federal and state reimbursements for programs within Medicaid, Income Maintenance
and Food Stamps.
Mr. Paylor noted in 2014 the NC Legislature allocated additional recurring funds
to reduce the caseloads of DSS Child Protective Services (CPS) workers in order to
increase the safety of children. Mr. Paylor further noted in 2013 there were multiple high-
profile cases in child abuse in NC and all counties across the state experienced an
increase in CPS due to substance abuse and other issues. Mr. Paylor requested to use the
additional funding to hire one (1) full time Human Services Evaluator I position to
monitor caseloads of Child Welfare Services to avoid any cases falling through the
cracks. Mr. Paylor stated Person County DSS currently has over 70 children in foster
care.
Mr. Paylor stated the full time Human Services Evaluator I position is proposed to
start in March 2015 and be funded with the state recurring funds. Ms. York noted the
additional funds is short about $2,850 to cover the requested position in the next budget
year however DSS’ operating budget would absorb such shortage.
A motion was made by Commissioner Jeffers and carried 5-0 to one (1) full time
Human Services Evaluator I position.
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COMMISSIONER COMMITTEE ASSIGNMENTS:
By consensus, the Board adopted the 2015 Commissioner Committee
Assignments as presented.
Commissioner Jeffers asked the Clerk about Board representation on the
Environmental Issues Advisory Committee as well as the name of the Chair of that
committee. Clerk to the Board, Brenda Reaves stated she would send the Board follow
up information related to Board representation on all boards and committees as well as
the Environmental Issues Advisory Committee’s Chair’s name.
2015
Person County Board of Commissioners
COMMITTEE ASSIGNMENTS
Chairman Kyle W. Puryear
Board of Equalization and Review Alternate
E-911 Committee
Economic Development Board
High Speed Internet Committee
Local Emergency Planning Committee
Youth Council
Vice Chairman David Newell, Sr.
Airport Commission
Board of Equalization and Review
Chamber of Commerce
Juvenile Crime Prevention Council
Region K Workforce Development Board
Commissioner Jimmy B. Clayton
COG Board
Kerr Tar RPO - TAC
NCACC Board of Director
OPC Community Operations Board
Upper Neuse River Basin Association
Commissioner B. Ray Jeffers
Board of Equalization and Review Alternate
Extension Advisory Committee
Fire Chief’s Association
Home Health & Hospice Advisory Committee
Home & Community Care Block Grant Adv. Committee
NCACC Past President/ Board of Director
Person County Partnership for Children
Recreation Advisory Board
Social Services Board
Youth Council
Commissioner Tracey L. Kendrick
Animal Control Advisory Committee
Health Board
Library Board
Person Area Transportation System Board
Person County Senior Center Advisory Council
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BOARDS AND COMMITTEES APPOINTMENTS:
Clerk to the Board, Brenda Reaves stated the Person County Board of
Commissioners solicited volunteers to fill positions on boards, commissions, authorities,
and committees through advertisement in the Courier-Times November 15, 2014 edition
with notice to submit applications by December 9, 2014 along with a second
advertisement with a deadline for December 23, 2014. Ms. Reaves presented to the
Board interested citizens’ applications for consideration for appointment as listed below.
Ms. Reaves noted the highlighted boards denote a competitive board and are
eligible for the informal interview process, if the Board so desires. If the informal
interview process if deemed appropriate by the Board, Ms. Reaves asked the Board to
direct the Clerk to organize and inform the applicants of such competitive boards of the
scheduled date set by the Board. Should the informal interview process be waived or not
deemed appropriate at this time, Ms. Reaves asked the Board to nominate for
appointment from the interested citizen’s applications.
Ms. Reaves further noted the boards and committees that did not receive
applications for its vacancies will be advertised again and urged the Board to actively
recruit for the vacancies.
A. Adult Care Home Community Advisory Committee
3-Year Reappointment: 2 positions available
1) Charlene Wilkins requested reappointment
2) Rev. Gloria Skinner-Pettiford requested reappointment
B. Airport Commission
3-Year Term: 1 position available
1) Dr. Anderson White requested reappointment
C. Board of Health
1 general public position to fill an unexpired term to 6/30/17
1) Christopher M. Atkins, Jr., DDS requested appointment
D. Juvenile Crime Prevention Council
2-Year Term:
6 citizens-at-large positions
1) Treco Lea-Jeffers requested reappointment
2) Alisa Clayton requested reappointment
E. Nursing Home Advisory Committee
1-Year Initial Term; 3-Year Reappointment; 3 positions available
1) Rev. Gloria Skinner-Pettiford requested reappointment
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F. Region K Aging Advisory Council
3-Year Term: 2 positions available
1) Leavia Reed requested appointment
2) Robert Allen requested reappointment
It was the consensus of the Board to waive the informal interview process for the
competitive boards.
A motion was made by Vice Chairman Newell and carried 5-0 to reappoint both
Charlene Wilkins and Rev. Gloria Skinner-Pettiford to the Adult Care Home Community
Advisory Committee, each for a 3-year term; to reappoint Dr. Anderson White to the
Airport Commission for a 3-year term; to appoint Christopher M. Atkins, Jr., DDS to fill
the general public position unexpired term to June 30, 2017; to reappoint both Treco Lea-
Jeffers and Alisa Clayton to the Juvenile Crime Prevention Council both for a 2-year
term; to reappoint Rev. Gloria Skinner-Pettiford to the Nursing Home Advisory
Committee for a 3-year term; to appoint Leavia Reed and reappoint Robert Allen to the
Region K Aging Advisory Council, each for a 3-year term.
CHAIRMAN’S REPORT:
Chairman Puryear reported the following:
• At the Board’s December 1, 2014 closed session meeting, the Board authorized
by consensus, the negotiation of an Agreement to Purchase the Roxboro Little
League property for $320,000 with a planned closing to occur on or before
October 2015 which will allow consideration to finance this purchase. Chairman
Puryear stated the Board had a signed Agreement to Purchase in hand and is
looking forward to secure the future operation of Roxboro Little League for
Person County residents; and
• The Mayor of Roxboro has expressed interest in a joint meeting for the City of
Roxboro and Person County Board of Commissioners related to partnering
options for the Senior Center. Chairman Puryear asked the County Manager to
secure possible dates for the joint meeting.
MANAGER’S REPORT:
County Manager, Heidi York reported the following:
• The Board’s second meeting on January 20, 2015 will be the annual budget retreat
to be held in the newly renovated 2nd floor of the Kirby with arrival at 8:30 am, all
day with plans to finish at 4:30 pm. Ms. York stated her intent to contact the
Board members individually to ask for input on the retreat agenda;
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• Kevin Leonard, Executive Director for the NC Association for County
Commissioners has solicited input and recommendations for 2015 Federal
Legislative Priorities that impact NC counties,
• Farmland Preservation meeting on Thursday night, January 8, 2015 and should
the Board desire to include any items on the plan, please let the Manager or
Assistant Manager know.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported Kevin Leonard, Executive Director for the NC
Association for County Commissioners has succeeded David Thompson who has taken a
job with National Association of Counties (NACo).
Commissioner Kendrick stated his interest in the Board having discussions related
to the existing landfill contract with Republic Services that is set to expire in August
2017. Commissioner Kendrick requested the Board to authorize the County Manager and
the County Attorney to begin negotiations with Republic Services for a contract renewal.
In addition, Commissioner Kendrick asked that the County Manager research other
options for solid waste disposal for Person County to include operating its own landfill
(purchasing property, staff, and equipment costs), setting up transfer stations and/or the
possibility for another regional landfill to accept Person County’s trash.
Commissioner Clayton had no report.
Vice Chairman Newell commented that Ms. Betty Blalock raised valid issues
during her informal comments. Vice Chairman Newell asked the County Manager to
obtain a price to hire an inspector to review issues at the landfill. Commissioner
Kendrick noted the state is already doing inspections and suggested asking the state for a
report related to landfill issues and/or violations. County Manager, Heidi York stated she
would update a county memo related to the landfill inspections and speak with Mr.
Duhon related to landfill investigations and compliance reports as well as seek a price for
an independent inspector.
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ADJOURNMENT:
A motion was made by Vice Chairman Newell and carried 5-0 to adjourn the
meeting at 8:36 pm.
_____________________________ ______________________________
Brenda B. Reaves Kyle W. Puryear
Clerk to the Board Chairman