BOC Minutes February 2 2015
February 2, 2015
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PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 2, 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, February 2, 2015 at 7:00 pm in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Puryear called the meeting to order.
Commissioner Kendrick led invocation.
Vice Chairman Newell led the group in the Pledge of Allegiance.
Chairman Puryear called for a moment of silence in remembrance of Person
County’s EMS Captain Gary Ray Davis who was laid to rest this date.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Clayton and carried 5-0 to add an item to
discuss Board procedure and to approve the agenda as adjusted.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Ronnie Jackson of 435 Ann Drive, Timberlake representing himself and a
group in the audience that reside in the Forks subdivision relating to their continued
complaints for a neighbor’s public nuisance issues which he illustrated with photos. Mr.
Jackson requested the Board to strengthen the County ordinances and for the Sheriff to
enforce such ordinances.
Ms. Vickie Shull of 812 Salem Church Road, Hurdle Mills urged the Board to
follow up with the citizen’s referendum vote in 2008 in favor of recreation facilities
bonds that included the construction of a recreation and senior center.
Ms. Becky Elliott of 1859 Peed Road, Rougemont spoke about the existing
landfill that is used as a dumping ground for trash and toxic waste that has destroyed the
Mt. Tirzah area with its stentch, noise and environmental issues.
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Mr. Dave Hughston of 423 N. Old Lantern Road, Timberlake represented the
2015 Person County Leadership (10 individuals in attendance) sponsored by the Chamber
of Commerce. Mr. Hughston requested the Board to continue to support the Chamber as
well as work together with the City of Roxboro.
Ms. Vonda Frantz of 119 Potluck Farm Road, Rougemont advocated for an
appropriate combined facility in the County to address both the Senior Center and Rec
Center programs noting the benefits of a similar program at the Sportsplex in
Hillsborough. Ms. Frantz noted a recent proposal that was brought down that reflected
the wishes of the voters and citizens for many years.
Mr. Godrey Laws of 3509 Hurdle Mills Road, Hurdle Mills stated he is a
volunteer with the National Committee to preserve Social Security and Medicare and he
requested the Board to support a Proclamation of such. For more information please call
1-800-998-0180.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Kendrick and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of January 5, 2015,
B. Tax Adjustments for the month of January 2015,
i. Tax Releases
ii. NC Vehicle Tax System pending refunds
iii. Written request for a refund by Mr. Charles Carver in the amount of
$7,258.49 (county tax of $3,820.26 and city tax of $3,438.23)
C. Report of Unpaid Taxes,
D. Advertisement of Unpaid Real Estate Taxes, and
E. CDBG Reporting for Close-out of Grant #11-C-2322
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NEW BUSINESS:
REVISIONS TO THE PERSON COUNTY ANIMAL SERVICES ORDINANCE:
Animal Services Director, Ron Shaw introduced to the Board Dr. Vickie Soares,
Chair of the Animal Services Advisory Committee who would present revisions to the
Person County Animal Services Ordinance for consideration for adoption.
Dr. Soares stated the Person County Animal Services Ordinance was updated and
adopted by the Board of County Commissioners in May 2013. At that time, staff was
directed to hold off on developing a citation system which would allow for enforcement
of the Ordinance. Since then, the Animal Services Advisory Committee has been
working on developing proposed language to allow the Animal Services Officers to issue
citations for violations of the Ordinance. These citations will not negatively impact the
responsible pet owners of Person County, but they will create warnings and fines for
irresponsible pet owners. This includes violations such as cruelty to animals, animals
running at large, and not complying with the state law mandating rabies vaccinations.
The Animal Services Advisory Committee did not propose new laws, rather a tool for
enforcement of already existing laws. Dr. Soares noted the proposed revisions would
allow the Animal Services Officers the ability to fine residents for a quicker result versus
litigation that can takes weeks, months or even years to resolve.
In addition, the Animal Services Advisory Committee requested the
implementation of rescue group offenses and resulting consequences to be included with
Appendix B to the Ordinance noting this will improve operations at the Shelter by
helping to enforce the rules for animal rescue groups wanting to pull animals from the
shelter. The offenses are split into minor and major offenses and have corresponding
penalties. The minor offenses include not following through on pulling the animal after
committing to pull them and not adhering to the Rescue Group Procedures listed in
Appendix B. While some major offenses include turning animals into other city or
county shelters and not being a licensed rescue with the Department of Agriculture.
County Manager, Heidi York stated the Board had a copy at their seats of the current
Appendix B noting the revisions would be additional text to the existing language.
Dr. Soares stated the Animal Services Committee recommended the new
ordinance would become effective April 1, 2015 should the Board adopt the revisions
allowing time to educate residents on responsible pet ownership and these new changes.
Adoption of the revised changes will require a unanimous vote by the Board at the first
reading, or by a majority vote at a second reading which would occur at the Board’s next
meeting.
The proposed revision included the following changes to Section 19: Penalties:
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SECTION 19: PENALTIES
A. Under authority of NC G.S. 153A. 123 (b) violation of this ordinance is a
misdemeanor punishable by a fine and/or imprisonment for not more than
thirty days.
B. The Animal Services Officer may institute an action for injunctive relief and
an order of abatement as provided for in NC G.S. 153 A-123 (e) for any
condition found unlawful in this ordinance.
C. The Animal Services Officer may also enforce this Ordinance by issuing a
Notice of Civil Penalty pursuant to NC GS 153A-123(c).
1) The Civil penalties provided for herein shall be as set forth in the schedule of fees and
penalties adopted from time to time by the Person County Board of County
Commissioners. Such Civil Penalties shall be in addition to, and not in lieu of, the
criminal penalties and other remedies provided by this Ordinance or by State law. The
animal services officer shall be authorized to issue a citation to the person(s), violating
this ordinance and shall give notice of the violation in the manner prescribed below.
Citations so issued may be delivered in person or mailed by registered or certified mail,
return receipt requested, to the person charged. The civil penalty or penalties set forth in
the citation must be paid within seventy-two (72) hours of the receipt of the citation and
shall be paid to the Animal Services Department. The Animal Services Department shall
forward all such penalties collected to the Finance Office for the County of Person for
application as by law provided.
2) If the person charged fails to pay the civil penalty within seventy-two (72) hours from
the time the citation was issued an additional civil penalty as provided for in the schedule
of fees and penalties shall be assessed.
3) Such civil penalties may be recovered by Person County in a civil action in the nature
of debt or may be collected in such other manner as prescribed herein.
4) Such notice shall, among other things:
a) State upon its face the amount of the penalty, and
b) Provide that such offender may answer the said notice by mailing said notice,
and paying the stated penalty to the Person County Animal Services Department
at its mailing address stated in the notice or by making payment to the Person
County Animal Services Department directly and that upon payment, such case or
claim and right of action by Person County will be deemed compromised and
settled, and
c) State that such penalties must be paid within seventy-two (72) hours from
issuance of such notice, and
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d) State that if such notice of violation is not paid within said seventy-two (72)
hour period, civil action to recover the debt may be instituted to include but not be
limited to the debt collection procedures of NC GS Chapter 105A Setoff Debt
Collection Act, ( interception of state income tax refunds), and
e) State that the Person County Animal Services Department is authorized to
accept such payments in full and final settlement of the claim or claims, right or
rights of action which Person County may have. Acceptance of such penalty shall
be deemed a full and final release of any and all such claims, or rights of action
arising out of such contended violation or violations, and
D. Each day of continued violation of this ordinance is a separate and distinct
offense as provided for in NC G.S.153A-123(g).
The proposed additional language to be added to Appendix B relating to Rescue Group
Offenses was as follows:
Minor:
• Not following Rescue Group Procedures listed in Appendix B of the Animal Control
Ordinances.
• Not following through after “tagging” pets for rescue.
Offenses
• First Offense: written warning
• Second Offense: suspension of 30 days
• Third Offense: suspension of 90 days
• Fourth Offense: suspension of 180 days
Major:
• Using a 501c3 IRS designation that is not current.
• Not adhering to state and federal animal welfare and cruelty laws.
• Not making sure all pets pulled by rescue are spayed/neutered as required.
• Not licensing rescue with the Department of Agriculture if required (more than 9
rescue pets in any foster home.)
• Pulling from the Shelter and then turning into other city or county-run shelters.
• Negative interaction with shelter as to cause disruption of normal everyday functions
at shelter
Offenses:
• First Offense: suspension of 30 days, 1 year probation*
• Second Offense: suspension of 90 days, 1 year probation*
• Third Offense: suspension of 180 days, 1 year probation*
• Fourth Offense: suspended indefinitely
*Rescue Groups on probation, if violate their probation will be suspended for 1 year
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Redemption
Rescue Groups with previous offenses who go 5 years with no additional offenses can
have their record cleared and will be restored to a clean record status.
Procedures for implementation of offenses to Rescue Groups:
Minor Offenses: as better defined in the Rescue Groups Procedures, Appendix B
(attached to the Person County Animal Services Ordinances, Rescue Group will be sent a
letter from PCAS Director and Director to notify PC Advisory Committee.
Major Offenses: PCAS Director to notify PC Advisory committee and Committee to
meet within 2 weeks to review. Rescue Groups may appeal the Director’s decision by
notifying PC Animal Advisory Committee and will be invited to the next scheduled
Committee meeting. PC Animal Advisory committee will render a decision and notify
the Rescue Groups within 10 working days of that meeting as to their decision.
Commissioner Jeffers voiced concerns related to individual interpretation of the
ordinance as written related to field trials and running at large without a rabies tag.
Commissioner Jeffers advocated for a rabies tag not be required on the animal and no fee
assessed if rabies verification could be provided with a 24-hour period. Both Mr. Shaw
and Dr. Soares supported all animals wearing a rabies tag to aid in identification if found
as well as to provide protection to anyone that encounters the animal for safety. Mr.
Shaw read an excerpt of Section 3, item B in the current Animal Services Ordinance as
follows “The rabies tag is to be worn by said dog or cat at all times except as otherwise
provided by State Law. Exceptions include but are not limited to performing at shows,
obedience trials, tracking tests, field trials, training schools or other events sanctioned and
supervised by a recognized organization….” Mr. Shaw and Dr. Soares stated their
interpretation of field trials would include hunting noting the dog would be running at
large during the lawful hunting season under the control of a competent person.
Commissioner Kendrick noted issues with the at large definition as previously
adopted by the Board of Commissioners. Mr. Shaw responded that the definition as
outlined is the state definition for the term at large.
Commissioners Jeffers and Clayton noted their opinions that the Citation Civil
Penalties were excessive at $50 and/or $100 per violation. Commissioner Kendrick
stated his support of the Citation Civil Penalties noting the taxpayers would not be paying
the bill for irresponsible pet owners. Ms. York added that the Citation Civil Penalties as
noted allowed the County to offset the expenditures by recouping costs of the officer
investigation, overhead costs and the often times, repeat visits. Mr. Shaw stated the
Animal Services Advisory Board discussed at length and came to the consensus of the
proposed amounts.
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The Board discussed whether or not the fine and/or civil penalties collected would
go to the school system. County Attorney, Ron Aycock told the Board that civil penalty
proceeds are retained with the County and the NC Constitution provides that fines to be
sent to the school system in the County.
Commissioner Clayton stated preference that the County Attorney review that the
County would be in compliance with any such proposed proceeds. Commissioner
Clayton stated $25 was a more reasonable fee if the animal has been vaccinated but not
wearing the tag.
Ms. York suggested that staff could further clarify field trials as it relates to
hunting dogs and to specifically cite hunting. Mr. Aycock clarified the desire of the
Board to further define a hunting dog, not in hunting season to be allowed without the
direct supervision of its owner. Commissioner Jeffers replied that the state defines when
a dog can run on game lands with off season stipulations noting his desire for the
ordinance to specify the interpretation and enforcement during hunting season. Dr.
Soares reminded the group that hunting season(s) are predetermined by the state.
Mr. Shaw offered a suggestion to revise Section 19 to include the exemption for
hunting dogs during the lawful hunting season.
A motion was made by Commissioner Clayton and carried 5-0 to table for
further direction by the County Manager and County Attorney.
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PUBLIC SAFETY COMMUNICATION TOWERS UPDATE:
General Services Director, Ray Foushee provided the Board with an update
related to the Public Safety Communication Tower proposed locations and presented the
terms of the proposed lease between Person County and Bethel Hill Charter School.
Mr. Foushee reminded the Board had funded $100,000 in the Fiscal Year 2015
budget to complete environmental studies and proceeded to give the individual site
updates as follows:
Woodland: The NC State Highway Patrol will fund the Woodland site tower
located at the southeast corner of the property behind the playground of Woodland
Elementary School. Due to the historical site on Wagstaff property across Highway 57
from the school, the County obtained approval from the State Historic Preservation
Office (SHPO) related to the tower height. The County requested 380 ft. but SHPO
approved 280 ft. with a 150 ft. fall zone. Mr. Foushee stated the drawings are ready and
the final lease should be ready for the Board’s next meeting on February 16, 2015.
Bushy Fork: Mr. Foushee stated the location of the Bushy Fork 300 ft. tower is
on county-owned property on the northeast corner of the property behind ball field #2.
The fall zone will be 100 ft. Mr. Foushee said the FAA has notified the County that the
Bushy Fork tower is in a holding pattern for aircraft that might land at the Whitfield
Farms Airport. Thus, the County may have to reduce the tower height from 300 ft. to 275
ft. Mr. Foushee added that any costs associated with engineering for the proposed towers
are included in the quotes provided however engineering towers for restricted fall zones
change costs from 5-10%. The County is pursuing another path study to verify the
necessary “line of sight” from tower to tower and should have the results within the next
two weeks. Mr. Foushee stated the site is within the Hyco watershed thereby enacting
the 12,000 sq. ft. disturbance regulation for storm water management however only 7,985
sq. ft. is expected to be disturbed. Mr. Foushee noted a 20 ft. fire access road would be
required which means the existing power pole and bleachers would have to be relocated.
Mr. Foushee stated that the SHPO approval was also received for this site due to the
Henry Vernon House nearby. The drawings for this site are being revised due to the fire
access road and drainage.
Mt. Tirzah: Mr. Foushee stated the location of the Mt. Tirzah 300 ft. tower will
be on the southeast corner of the property near the Moriah Fire Station. The fall zone
will be 50 ft. The drawings are currently being revised due to the tower relocation on the
property.
Bethel Hill: Mr. Foushee stated the location of the Bethel Hill 300 ft. tower will
be on the northern end of the property and the fall zone will be 150 ft. Mr. Foushee
stated the fire access road will need to be upgraded to reduce the slope.
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Mr. Foushee presented the Board with terms of a draft lease between Person
County and Bethel Hill Charter School highlighting the additional terms that were not
listed in the draft which are:
Termination – County shall remove tower, etc., from premises within one year of
termination, unless Bethel Hill Charter School decides to take possession, and
Sublease – Bethel Hill Charter School shall be notified of any sublease and full
terms of sublease agreement. Bethel Hill Charter School also to be notified of any
exchange of service agreement with any business that uses the tower.
Mr. Foushee said that Bethel Hill Charter School has requested revenue sharing,
in the event that any cell carrier leases space on the tower. Staff has negotiated a 33%
Bethel Hill Charter School, 66% County split until the county’s capital cost is paid, at
which point the revenues would be split 50/50 between both parties.
County Manager, Heidi York noted the Board is requested to approve the terms of
the draft lease, provide input for any changes, further noting that the final lease will be
prepared and brought back to the Board for approval at a future meeting. Mr. Foushee
added the lease may be finalized and ready by the Board’s next meeting on February 16,
2015 for approval, and following such approval, the Bethel Hill Charter Hill Board of
Directors would address the lease at its February 19, 2015 meeting.
Vice Chairman Newell asked staff about the tower’s ability for multiple carriers.
Assistant County Manager, Sybil Tate stated the tower is being constructed to
accommodate two cell carriers.
Commissioner Jeffers asked the annual maintenance cost for the tower to which
Ms. Tate estimated $5,000 - $10,000.
Commissioner Kendrick inquired as to why volunteer fire departments sites were
not selected. Ms. Tate noted the volunteer fire departments were not as generous and
required a rent fee and/or did not have adequate space to accommodate.
A motion was made by Commissioner Clayton and carried 5-0 for staff to
proceed to finalize the lease between Person County and Bethel Hill Charter School with
the terms approved including the additional language requested by Bethel Hill Charter
School as presented.
The draft lease presented to the Board follows; however, this version does not
incorporate the following additional language:
Termination – County shall remove tower, etc., from premises within one year of
termination, unless Bethel Hill Charter School decides to take possession, and
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Sublease – Bethel Hill Charter School shall be notified of any sublease and full
terms of sublease agreement. Bethel Hill Charter School also to be notified of any
exchange of service agreement with any business that uses the tower.
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BOARD PROCEDURE:
Commissioner Clayton stated he added this item for discussion following a
weekly email from the County Manager that noted the Chairman and Vice Chairman
gave her operating requests instructions on certain things to do from now to the next
fiscal year. Commissioner Clayton noted when he served as Chairman or Vice Chairman
he never gave the Manager instructions without the resources of the full Board.
Commissioner Clayton stated should the Chairman or Vice Chairman desire to give the
Manager instructions, the full Board should be aware and/or vote on such. Commissioner
Jeffers added that the Manager stated during the Animals Services Ordinance discussion
that the County was to operate like a business, which was part of the direction given by
the Chairman and Vice Chairman noted in the email. Commissioner Jeffers stated
agreement with Commissioner Clayton that any such direction to the Manager should be
a consensus of the Board and/or a majority of the Board.
Chairman Puryear apologized to the members of the Board that took it the wrong
way noting the intention of that meeting was to create dialogue with the County Manager
since they have not had the opportunity to do so and to give her expectations on how they
would like to have communication. Chairman Puryear said he expressed to the County
Manager that each commissioner only has one vote. Chairman Puryear made the Board
aware that with any concerns, he would be available to discuss noting he intends to
communicate with each commissioner on upcoming issues to be well known before a
Board meeting.
CHAIRMAN’S REPORT:
Chairman Puryear reported the following:
o Attended a legislative breakfast at Piedmont Community College with its
Board of Trustees noting they are anxious to meet jointly with the
Commissioners related to the budget,
o Good news with the announcement made by PCC for the official opening
for the Kirby Rebirth project,
o Asked the County Manager to follow-up on the start of the Strategic Plan
process, and
o Reminder of the February 5, 2015 joint meeting with City Council at 5:30
pm at City Hall.
Commissioner Jeffers requested the Board of Commissioners to excuse him
momentarily to retrieve information from his vehicle for his report. It was the consensus
of the Board to excuse Commissioner Jeffers at 8:04 pm. Commissioner Jeffers returned
to the meeting at 8:06 pm.
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MANAGER’S REPORT:
County Manager, Heidi York reminded the Board that at its February 16, 2015
meeting, a work session will immediately follow the end of the regular scheduled
meeting to discuss 1) landfill contract, and 2) public nuisance.
Commissioner Newell stated he was supposed to be on jury duty that day.
COMMISSIONER REPORT/COMMENTS:
Commissioner Clayton reported that many years ago, the County gave each of the
volunteer fire departments an appropriation on a rotating schedule in addition to the
annual funding from the County. Commissioner Clayton stated this rotation program
ended about the time the County created a Fire Marshal position with the intent that the
Fire Marshal would assist with deciding where the additional appropriation was needed.
Vice Chairman Newell asked for clarification related to state matching funds for
the volunteer fire departments. County Manager, Heidi York noted each individual
station could apply for interest free loans similar to the grant funding discussed through
USDA or Redleg type electric coops whereby the state matches funds. Ms. York stated
the Board had asked her to develop a Revolving Loan program for volunteer fire
departments’ capital needs to which she planned to bring before the Board at its meeting
on February 16, 2015 with the recommendation that the Board consider other options.
Commissioner Kendrick had no report or comments.
Commissioner Jeffers, as the liaison on the Department of Social Services (DSS)
Board, presented to the Board the highlights of the DSS Annual Report FY 2013-2014 as
follows:
• Protective Services for Children – 556 reports received as suspected child
abuse or neglect with 22% substantiated,
• Foster Care - 91 children in agency custody,
• Permanency Planning - 19 children living with parents but in DSS
custody,
• Adoption Services - 70 children received adoption services,
• Independent Living Skills - 54 youths eligible and 23 youths received
skills training to live outside foster care.
• Foster Care Licensure - 3 new homes licensed and 58 licensing home
visits,
• Services To The Elderly & Disabled - 38 legally blind individuals
received independent living skills, training, general assistance, and In-
Home Services,
• Community Alternatives - 46 citizens received services during the year,
• Adult Day Care - 35 client supervisory/monitoring visits made,
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• Foster Care For Adults - 4 individuals assisted with out-of-home
placements,
• Guardianship - 29 legal guardianships,
• In-Home Aide Services - 9 individuals served with the average cost of In-
Home Aide Services $515 per client per month,
• Protective Services For Adults - 128 reports received,
• Medicaid At Risk Services - 23 individuals received services,
• Medicaid For Adults - 1,210 applications taken with 602 applications
approved and 353 cases terminated,
• Special Assistance - 198 recipients in rest homes,
• Special Assistance In Home - 4 people screened and approved for services
with a total of 9 individuals served during the year,
• Family Support Services/Child Support Services - $3,685,909 total
collections,
• Child Care Services - 488 children served with $223,229 (15%) provided
by Smart Start and 96 children on waiting list,
• Home Management Services - 214 home visits made with 209 families
served,
• Medicaid Transportation - 4,679 PATS trips, 3,592 gas vouchers used and
8,697 calls received on Medicaid Transportation request line,
• Service Intake - 4,572 individuals served,
• Work First -222 average number of cash assistance recipients per month,
• Work First Employment Services - 113 active Work First participants,
• Food & Nutrition Services - $11,189,765 in food assistance authorized; 1
in 4 households in Person County currently receive Food and Nutrition
Services (food stamps),
• Low Income Energy Assistance Program (LIEAP) - 726 applications
taken in office, 30 applications taken at other locations, 643 applications
approved with $164,400 total benefits to county residents,
• Medical Assistance For Families - 5,863 average number of children and
their caretakers served monthly,
• Fraud Services - 66 cases investigated, 53 cases substantiated with
$56,723 collected,
• North Carolina Health Choice For Children - 478 average number of
children covered monthly,
• Case Management Statistics for all Income Maintenance Programs - 7,408
applications taken with 6,028 applications approved and 8,758
determinations of continuing eligibility,
• Administration / Fiscal reported 35,948 client visits registered and 56,780
client documents scanned,
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• Funding Sources –
Commissioner Jeffers commended the DSS staff, and all county employees, for
serving many people each and every day.
Commissioner Newell inquired as to the number of people that fall through the
cracks to which Commissioner Jeffers did not know.
Commissioner Jeffers said that the Turbo Tax software has a checklist that may
indicate individuals are eligible for food stamps and that, if checked, will generate an
application and automatically send to the individual’s county DSS to be screened and
processed.
RECESS:
A motion was made by Commissioner Kendrick and carried 5-0 to recess the
meeting at 8:20 pm until February 5, 2015 at 5:30 pm for the purpose to meet jointly with
Roxboro City Council in Council’s meeting room at City Hall.
_____________________________ ______________________________
Brenda B. Reaves Kyle W. Puryear
Clerk to the Board Chairman