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BOC Minutes April 21 2014 April 21, 2014 1 PERSON COUNTY BOARD OF COMMISSIONERS APRIL 21, 2014 MEMBERS PRESENT OTHERS PRESENT Jimmy B. Clayton Heidi York, County Manager Kyle W. Puryear C. Ronald Aycock, County Attorney B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Frances P. Blalock David Newell, Sr. The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, April 21, 2014 at 9:00 am in the Person County Office Building Auditorium. Chairman Clayton called the meeting to order, led invocation and asked Vice Chairman Jeffers to lead the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the agenda. RECOGNITION OF LOCAL GOVERNMENT DAY: Chairman Clayton welcomed the Person High School students enrolled in civics and economics participating in Local Government Day to observe the Board of County Commissioners in session. Chairman Clayton, Vice Chairman Jeffers and Commissioners Puryear, Newell and Blalock proceeded to introduce themselves. County Attorney, Ron Aycock, County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Sheriff Dewey Jones, Assistant County Manager, Sybil Tate, General Services Director, Ray Foushee, Safety Director, Rebecca Morrow, Person Area Transportation System Manager, Kathy Adcock and John Hill, Director of Arts, Parks and Recreation also introduced themselves. PERSON COUNTY GOVERNMENT QUARTERLY SAFETY AWARD: County Manager, Heidi York reminded the group that the Person County Safety Committee implemented a safety recognition program whereby each quarter, a county department will be awarded a Certificate of Safety and Health Achievement for exemplifying dedication to the health and safety of employees at the work site. The recipient of the award is selected by the Person County Safety Committee, whose recommendations are based on established criteria such as attendance at county wide safety trainings, reporting hazards and accidents in a timely manner and investigation and following up with each accident. The selection committee also looks at how well the department performs on facility inspections, emergency procedures testing and other safety acts. April 21, 2014 2 Ms. York recognized the Person Area Transportation System (PATS), on behalf of the Person County Safety Committee, as the next quarterly county department safety award winner for the quarter ending March 2014. Ms. York highlighted that PATS was established in 1999 and exists to serve all county residents. It currently maintains a fleet of 15 vehicles and logs around 44,000 trips each year. This includes contracts with Person Industries and Person County Department of Social Services for the provision of transportation services to their clients. PATS average 200-240 stops per day throughout the entire service. Ms. York stated PATS were chosen by the committee for their outstanding safety practices. This department is dedicated to safety and work hard to provide the programs that they currently have in place. Their goal is to provide a safe and comfortable ride each time a passenger boards their vehicle. Drivers must be trained and perform inspections to help ensure that their vehicles are safe, understand how to safely operate their vehicle in a variety of condition, safe loading and unloading passengers day to day and in emergency situations. The programs they have in place provide the staff the knowledge and confidence that they need to get the job done safely. The staff attends county wide safety training, new employee and monthly trainings. PATS has an annual evaluation by the North Carolina Department of Transportation which consist of the System Safety Program Plan (SSPP). For earning the safety award, PATS will receive a certificate of achievement and have their name inscribed on the Person County Government Quarterly Safety Department Plaque that is located in the hallway just outside of the Commissioners’ Meeting Room. An article will be in the county newsletter and submitted to the newspaper to highlight the efforts of the county department to provide outstanding contributions to safety with an emphasis on providing their employees a safe and healthy work environment. PATS have joined four other departments that, according to the words of the plaque, are recognized for “exemplary work and dedication to Person County Government, providing outstanding contributions to safety with an emphasis on providing their employees a safe and healthy work environment”. In attendance receiving the award were PATS staff members Kathy Adcock and Rhonda Long. April 21, 2014 3 April 21, 2014 4 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Don Narensky of 1 Summer Place Farm Road, Timberlake referred to a recent article in the Courier-Times related to the Duke Power coal ash spill and 2,500 tons of coal ash from the spill being accepted at the Upper Piedmont’s landfill in Person County. Mr. Narensky urged the Board to use its authority to block this action noting his desire that Duke Energy isolate the toxins from the environment by storing in the concrete tanks. Mr. Narensky further noted this action can set a hazardous precedent. Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont addressed the Board related to Upper Piedmont landfill accepting the coal ash which contains arsenic and other toxins that are harmful to the wells to which these toxins come in contact. Ms. Blalock stated Duke Energy would not close one or both power plants due to the County not accepting their waste. Ms. Blalock told the Board of the case of Ms. Flora Peed finding her well contaminated having to dig a new well on two separate occasions noting the expense of such due to arsenic. Ms. Blalock stated she would report back to the Board on diseases and the death rates in Person County. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Blalock and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of March 24, 2014 B. Tax Adjustments for March 2014 a. March 2014 tax releases b. March 2014 NC Vehicle Tax System pending refunds April 21, 2014 5 UNFINISHED BUSINESS: PUBLIC SAFETY/BROADBAND SECOND OPINION AND FEASIBILITY STUDY UPDATE: Assistant County Manager, Sybil Tate reminded the Board at their April 7, 2014 meeting discussed the option to obtain a second opinion for the costs of the public safety/broadband feasibility study and the need to present options for constructing four towers over four years and over two years. Ms. Tate presented to the Board a quote that was received from Mission Critical Partners, Inc. (MCP) to provide a second opinion at a cost of $37,000. Ms. Tate noted the previous consultant provide a quote to update the feasibility study to show two additional timelines for constructing the towers (4 towers over four years and 2 towers over two years) for $7,500. Ms. Tate stated public safety staff and she accompanied state highway patrol staff on a tour of all four proposed tower sites noting the highway patrol staff working with the VIPER system are very interested in partnering with the county at the Woodland site however they could not commit until the state’s funding was secured which could take up to one year. Chairman Clayton commented to the group as he was the one that requested a second opinion that $37,000 was unreasonable and not economically feasible. Commissioner Puryear advocated for the project to proceed without any further delay and questioned if the update to the feasibility was necessary for staff to proceed. County Manager, Heidi York noted county staffs are not equipped with the knowledge and resources to proceed without the consultant’s guide related to the timelines for planning, environmental studies, construction order, technology and would not want to take on the liability for such. Ms. Tate indicated the update to the feasibility study may be provided as soon as the Board’s second meeting in May. A motion was made by Vice Chairman Jeffers, and carried 5-0 to approve updating the feasibility study to show the additional two timelines for constructing the towers at a cost of up to $7,500. April 21, 2014 6 PERSON COUNTY YOUTH ADVISORY COUNCIL FOLLOW-UP: Vice Chairman Jeffers presented the following criterion for the Person County Youth Advisory Council for input from Board members, school staff, students and citizens. Vice Chairman Jeffers stated his hopes to have the Youth Council in place for the next school year and credited Catawba County for sharing their developed Youth Council criterion. Purpose: The purpose of the Youth Advisory Council is to provide teens in the community an opportunity to be active citizens. Through experiences and education, youth will be empowered in the community. The Youth Council will expose teens to county government, allow teens an opportunity to discuss issues, and interact with county commissioners. Membership: Members must be residents of Person County and rising 9th -12th graders. Candidates must complete the application process. Rising 9th-11th graders will serve a two-year term, 12 graders will serve a 1 year term. The initial board will consist of twelve youth. The Youth Advisory Council will be comprised of four youth from the following high schools: Person High School, and Roxboro Community School representing each grade. There will be four additional council members serving as at- large members to allow representation from Home Schooled students or students attending alternate institutions of learning. Two Adult Advisors will be selected through a competitive application process from the community and must be residents of Person County and an approved background check. County Staff will be welcomed without an application process. Election of Officers: Officers will be elected using a written ballot. A quorum must be present at the meeting (half of the current membership plus one) for an election to be valid. Candidates may give a speech of three minutes or less on the day of the elections. The following offices will be filled: • President - The President will preside over general meetings and confer with the Adult Advisors about the agenda prior to meetings. The President will oversee committees and notify members about meetings and events. • Vice President- the Vice President will preside over meetings in absence of the President and assist the President in overseeing committees. • Secretary- The Secretary will keep attendance and take minutes during meetings. • Historian - The Historian will take photographs of members at events and share with Advisor. The Historian will help compile a visual newsletter for county commissioners. April 21, 2014 7 Committees: The following committees will be established: • Recruitment and Application Committee - Responsible for seeking new members for the Youth Advisory Council and reviewing applications, conducting interviews, and making recommendations to the Council and Board of Commissioners for appointments. • Education Committee- Responsible for planning educational opportunities for the Youth Advisory Council. • Communication Committee – Responsible for ensuring adequately positive publicity of the Person County Youth Advisory Council. The Youth Advisory Council members will: • Serve as ad hoc members to county boards/councils as determined by the Commissioners • Attend at least two Commissioner meetings a year (verified by advisor) • Attend scheduled Youth Council meetings. Members must attend 75% of regular meetings. Any member who does not attend the required number of meetings in a year will be removed from the Council. • Identify and discuss issues facing youth in the county. • Create strategies that address these youth issues. • Educate young people in the community about their role as citizens. Code of Ethics: No inappropriate behavior will be allowed at any Youth Council meeting or function. Council members should strive to become model students and role models for others at all times. Procedures: The Youth Council will use Parliamentary Procedure and follow Robert's Rule of Order. Meetings: The Youth Council shall hold regularly scheduled meetings that are publicly announced in advance and subject to the general statutes governing public meetings and public records. The Youth Council criterion was received favorably by the Board with input to proceed, adjust as needed and to seek recommendations from faculty. April 21, 2014 8 NEW BUSINESS: HAZARD MITIGATION PLAN UPDATE: County Planner, Paula Murphy provided an overview of the process for updating and transitioning the County’s Hazard Mitigation Plan to a Multi-jurisdictional Hazard Mitigation Plan (HMP), which would include the City of Roxboro. The Federal and State governments passed legislation requiring cities and counties to develop, adopt and implement an HMP in order to be eligible for post-disaster public assistance funds following a future disaster. Ms. Murphy stated FEMA’s monthly status report shows the expiration date as March 30, 2015 to complete the update. Ms. Murphy noted the detailed plan addresses a variety of potential natural and non-natural hazards that could affect some or all of the county’s residents. Communities with a FEMA-approved HMP may also apply for pre-disaster mitigation funding for projects to mitigate risk to both public and private property, such as home elevations and local flood control measures. Ultimately these projects will reduce vulnerability and enable communities to recover more quickly from disasters. Ms. Murphy said the County’s current Hazard Mitigation Plan will be reviewed for any changes, i.e. facilities that may be at-risk, shelter points, access for daycare and elderly citizens. Ms. Murphy stated no Board action was needed at this time. Vice Chairman Jeffers referred to the recent Ice Storm in March asking about the capability of EMS and the Sheriff’s Office staffs assisting in transportation for critical needed DSS staff for shelters and programs. County Manager, Heidi York stated the first priority is for public safety staff to respond to emergencies noting if there was capability to assist with transportation, then arrangements may be made. Ms. York noted EMS has one current non-emergency vehicle. Ms. York stated DSS has requested a four-wheel drive vehicle in their upcoming budget to which she plans to recommend that could assist with DSS staff members’ transportation, if appropriate. April 21, 2014 9 Commissioner Blalock requested the Board take a brief recess. Chairman Clayton announced a brief recess at 9:56 am. Chairman Clayton reconvened the meeting at 10:00 am. RESOLUTION SUPPORTING THE REMEDIATION OF WATER CONTAMINATION RELATED TO COAL COMBUSTION WASTE AND REMOVAL OF COAL COMBUSTION WASTE: Chairman Clayton stated the Resolution supporting the Remediation of Water Contamination related to Coal Combustion Waste and removal of Coal Combustion Waste will be before the Kerr Tar Council of Government (COG) Board of Directors for consideration for adoption at their April 24, 2014 meeting. County Manager, Heidi York added the resolution was provided by the Dan River Association to the COG and that COG staff had passed the resolution to the member governments for each governing body to consider adopting. Ms. York noted that Commissioner Blalock provided input and added the last whereas statement in the resolution before the Board of Commissioners. After discussion, it was the consensus of the Board to table action on the Resolution supporting the Remediation of Water Contamination related to Coal Combustion Waste and removal of Coal Combustion Waste until after the joint session meeting with the City of Roxboro scheduled for May 8, 2014 to allow the information session to be held related to the Dan River spill. A motion was made by Commissioner Newell, and carried 5-0 to authorize the County Manager and the County Attorney to review the permitted dumping to make sure it is actually permitted to go in the landfill and to verify the steps of the process and to stop the process, if necessary. April 21, 2014 10 ADOPTION OF CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2015- 2019: County Manager, Heidi York and Finance Director, Amy Wehrenberg requested adoption of the Capital Improvement Plan (CIP) for Fiscal Years 2015-2019. Ms. York highlighted the revisions to the Recommended five-year CIP that was presented to the Person County Board of Commissioners on April 7, 2014 as follows: 1) The removal of the Public Safety and Broadband Communication Towers Project at this time. The intention is to fund the environmental assessment for one tower site in FY14-15 from the General Fund. The amount of the environmental assessment will not meet the $50,000 project threshold for inclusion in the CIP. Once the feasibility study has been revised with an amended schedule to spread out the project over multiple years, new estimates will be added for future years to complete the construction of the towers. This change reflects a decrease of $2.5M in FY14-15 and $2.5M in FY15-16 along with a contingency of $125,000 for each year. 2) Adjusted the third year of the Telephone System replace costs from $51,000 to $57,000 in FY16-17 to reflect most recent price quotes. 3) Changed the timing of the Kirby Replacement Seating from FY18 to FY17. Ms. York stated the adoption of CIP will allocate funding for the projects in Fiscal Year 2014-2015 only as well as set the priorities of the projects for the coming fiscal years. Vice Chairman Jeffers requested a debt proceeds report. Ms. Wehrenberg stated the debt report would be included in the finalized CIP report noting some debt will come off the books in FY15 with over $2M to come off in FY16. A motion was made by Vice Chairman Jeffers and carried 5-0 to adopt the Capital Improvement Plan for Fiscal Years 2015-2019 and allocate funding for the projects in Fiscal Year 2014-2015 as presented. April 21, 2014 11 April 21, 2014 12 April 21, 2014 13 April 21, 2014 14 CHAIRMAN’S REPORT: Chairman Clayton commented he would have a state environmental committee meeting to report on in May. Chairman Clayton thanked the students in attendance for being so attentive to the meeting. Chairman Clayton asked if any students in the audience had any questions, two young ladies came forward to ask questions related to the availability of the proposed Youth Council applications and the selection process. Vice Chairman Jeffers stated the Youth Council applications will be available through the school’s office and selection will be through the input and recommendation of teachers and school staff. MANAGER’S REPORT: County Manager, Heidi York announced the joint session scheduled on May 8, 2014 for the Board of Commissioners and Roxboro City Council to be held in the County Auditorium at 6:00 pm. Ms. York stated related to the informational session on the Dan River Spill, the following individuals/groups have been informed/invited to participate: o Tanya Evans, Duke Energy, o Senator Woodard offered to bring a speaker from DENR, o Dan River Association Executive Director, and o Blue Ridge Environmental group invited by Commissioner Blalock Ms. York asked if the Board would like for her to invite Representative Winkie Wilkins and for input related to the proposal of limiting each speaker to ten minutes with time for questions. Commissioner Puryear stated he was not in support of having special interest group to address both governing bodies. Commissioner Blalock stated the speaker, Lou Zeller, from the Blue Ridge Environmental group is a scientific presentation of the report previously shared with the Board. After discussion, it was the consensus of the Board to invite Representative Wilkins and to hear from all participants with the ten-minute time limit. Commissioner Puryear noted the main purpose of the joint session meeting with Roxboro City Council is to discuss a Senior Center partnership. April 21, 2014 15 COMMISSIONER REPORT/COMMENTS: Commissioners Newell and Puryear had no reports. Commissioner Blalock thanked the students for their participation and noted she would see them on Thursday, April 24, 2014 in their classrooms. Vice Chairman Jeffers stated he recently met with the Congressional delegation for NC counties to discuss issues such as keeping municipal bonds exempt, reauthorization of transportation authority Bill 21, advocating for payment in lieu of taxes (PILT) for those 41 counties that use this federal program, Immigration Reform impacts and NC DOT infrastructure needs. Chairman Clayton recessed the meeting to the Board of Commissioners’ meeting room 215 at 10:27 am. Chairman Clayton reconvened the meeting in the Board’s usual meeting room at 10:36 am. CLOSED SESSIONS Closed Session #1 A motion was made by Commissioner Newell and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property at 10:36 am 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 and John Hill, Arts, Parks & Recreation Director. A motion was made by Vice Chairman Jeffers, and carried 5-0 to return to pen session at 11:10 am. April 21, 2014 16 Closed Session #2 A motion was made by Vice Chairman Jeffers and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(4) for the purpose of discussion of matters relating to the location or expansion of industries or other businesses in the county (economic development) at 11:11 am with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, and County Attorney, Ron Aycock. A motion was made by Commissioner Newell, and carried 5-0 to return to open session at 11:19 am. ADJOURNMENT: A motion was made by Commissioner Puryear, and carried 5-0 to adjourn the meeting at 11:19 am. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman