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BOC Minutes December 2 2013 December 2, 2013 1 PERSON COUNTY BOARD OF COMMISSIONERS DECEMBER 2, 2013 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, December 2, 2013 at 7:00 pm in the Commissioners’ meeting room in the Person County Office Building. Chairman Clayton called the meeting to order and led invocation. Chairman Clayton asked Aaron Frisbee, Boy Scout of Troop 200 of Westwood Baptist Church to lead the Pledge of Allegiance. Chairman Clayton turned the gavel over to the County Attorney to preside over the meeting for the Organization of the Board. ORGANIZATION OF BOARD: County Attorney, Ron Aycock presided over the meeting and explained the rules of procedure for the election of Chairman and Vice-Chairman noting reorganization of the board of commissioners is held at the first meeting in December for a term of the ensuing year. Mr. Aycock presided over the election of the Chairman of the Board of Commissioners and opened the floor for nominations. Commissioner Jeffers nominated Commissioner Clayton as Chairman. Commissioner Newell nominated Commissioner Puryear as Chairman. A motion was made by Commissioner Jeffers and carried 5-0 to close nominations for Chairman. Mr. Aycock asked the Board members to cast their votes for Chairman by raising hands. Commissioners Newell and Puryear voted for Commissioner Puryear as Chairman. Commissioners Jeffers, Blalock and Clayton voted for Commissioner Clayton as Chairman. Mr. Aycock declared Commissioner Clayton the Board’s Chairman by majority vote and passed the gavel to the newly elected Chairman Clayton to preside over the meeting. Chairman Clayton opened the floor for nominations for Vice Chairman of the Board. December 2, 2013 2 Commissioner Blalock nominated Commissioner Jeffers as Vice Chairman. Commissioner Puryear nominated Commissioner Newell as Vice Chairman. A motion was made by Commissioner Puryear and carried 5-0 to close the nominations for Vice Chairman. Chairman Clayton asked the Board members to cast their votes for Vice Chairman by raising hands. Commissioners Newell and Puryear voted for Commissioner Newell as Vice Chairman. Chairman Clayton and Commissioners Blalock and Jeffers, voted for Commissioner Jeffers as Vice Chairman. Chairman Clayton declared Commissioner Jeffers the Board’s Vice Chairman by majority vote. APPROVAL OF BONDS FOR THE REGISTER OF DEEDS, TAX ADMINISTRATOR, AND FINANCE DIRECTOR: County Attorney, Ron Aycock stated Chapter 161(Register of Deeds) and 162 (Sheriff) of the North Carolina General Statutes requires the Board of County Commissioners to approve the official bonds at the first meeting in December. The Bonds are a continuation of existing bonds amounts and were secured for those elected officials by the County Human Resources Director, who also serves as Insurance Liaison. Mr. Aycock noted the Human Resources Director provided information that the Sheriff’s bond is for the length of his term, currently to December, 2014. Mr. Aycock requested the Board to approve the annual Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each for the Tax Administrator and Finance Director and to reaffirm the Bond of the Sheriff. Mr. Aycock confirmed the amount of each Bond is dictated by legislature. A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the Bonds of the Register of Deeds, Tax Administrator, Finance Director and to reaffirm the Bond of the Sheriff as presented by the County Attorney. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Blalock and carried 5-0 to approve the agenda with the following adjustments: • To add to the agenda an item for CDBG MONTHLY REPORTING as Item #12 • To reverse the order of the Closed Sessions on the agenda December 2, 2013 3 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Ms. Christy Bondy of 7 Arrowwood Court, Durham, and Person County Library Director, expressed her concerns to the Board related to an incident within the Library when an individual was open carrying a gun on her side. When approached by staff to ask the woman to lock the weapon in her vehicle noting there were families with children in the library, Ms. Bondy stated the woman complied with the request and challenged staff that the sign posted listed no concealed weapons. Ms. Bondy stated the library averages 500 people per day and her concerns relate to the safety of the visitors as well as the library staff. Mr. Russell Thomas of 180 Fairway Drive, Roxboro, a retired special agent with military and law enforcement background and currently a licensed private investigator and an instructor for concealed carry requested the Board to consider tabling the enactment of the Ordinance prohibiting the Open Carrying or displaying of weapons on county property and directing the posting of Notices to that effect until he could provide a further presentation why the proposed ordinance was not appropriate or within the law. Mr. Thomas encouraged the Board to take additional time for further examination before taking action. APPROVAL OF MINUTES: A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the minutes of November 15, 2013. TAX ADJUSTMENTS FOR NOVEMBER 2013: A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the Tax Releases for the month of November 2013 and the November 2013 NC Vehicle Tax System pending refunds. OLD BUSINESS: AN ORDINANCE PROHIBITING THE “OPEN CARRYING” OR DISPLAYING OF WEAPONS ON COUNTY PROPERTY AND DIRECTING THE POSTING OF NOTICES TO THAT EFFECT: County Attorney, Ron Aycock stated that following discussion at the Board’s November 18, 2013 meeting, the proposed Ordinance prohibiting the Open Carrying or displaying of weapons on county property and directing the Posting of Notices to that effect had been revised to clarify several issues. Mr. Aycock outlined the revised ordinance: December 2, 2013 4 1-Reference to “permittee” has been omitted and now references the owner or anyone else permitted by the owner to have possession of the weapon. 2-It is made expressly clear that a rifle or shotgun may, at the designated parking area of a facility, be secured by locking it in the passenger compartment of a motor vehicle. 3-“pocket knife” definition has been omitted and replaced by a general prohibition on openly carrying any knife with a blade length exceeding 4 inches. Mr. Aycock added the Board may want to omit reference to a knife or further consideration a longer blade length for general prohibition. Mr. Aycock stated since the ordinance was introduced and discussed at the November 18, 2013 meeting it may be adopted by a simple majority vote. Mr. Aycock noted NC law during the General Assembly’s last session did not have any effect on the authority by local governments related to open carry and in fact, the same bill that restricted the conceal carry authority reiterated the authority to regulate open carry. Vice Chairman Jeffers stated support for further research and offered the following motion: A motion was made by Vice Chairman Jeffers and carried 5-0 to table action related to the proposed Ordinance Prohibiting the “Open Carrying” or Displaying of Weapons on County Property and directing the Posting of Notices to that effect. NEW BUSINESS: PUBLIC SAFETY COMMUNICATION/BROADBAND UPDATE: Assistant County Manager, Sybil Tate reminded the Board that at its October 21, 2013 meeting, staff was directed to fix the existing public safety equipment and provide coverage maps for the public safety communication system. Ms. Tate presented coverage maps for both the public safety and the broadband project noting in order to achieve the coverage illustrated in the maps, the county will need to build four towers at 250 ft. For comparison purposes, staff also created a map with towers at 200 ft. Ms. Tate stated the four towers are recommended to be constructed at 1) Bushy Fork Park, 2) Mt. Tirzah Park, 3) Bethel Hill Charter School and 4) Woodland Elementary School (referred to as the Hyco Lake tower). Ms. Tate recognized Mr. Glenn L. Knox, Senior Technical Assistance Director with the North Carolina Department of Commerce working with the NC Broadband Initiative, present in the audience, for any questions related to the coverage maps. When asked above increasing coverage with a 300 ft. tower, Mr. Knox responded that a 300 ft. December 2, 2013 5 tower would cost almost double at construction which is why 250 ft. towers are recommended with use of repeaters to lower the costs. Mr. Knox stated the life of a tower is at minimum 25 years. Ms. Tate added that of the remaining five percent of broadband coverage un- served in Person County, the 250 ft. towers would address the majority of the five percent. Ms. Tate presented the following Cost Options and Annual Operating Costs for Board input and consideration: OPTION #1 – Build four 250 ft. towers Capital Costs Tower Location* FY14-15 FY15-16 Bethel Hill $430,000 Bushy Fork $430,000 Mt. Tirzah $600,000 Hyco Lake $600,000 TOTAL $1,460,000 $600,000 $2,060,000.00 *Tower locations are not confirmed, but staff has discussed these options with Parks and Rec staff, Bethel Hill Charter and Person County Schools. Annual Operating Costs Tower Location FY14-15 FY15-16 Bethel Hill $5399.00 Bushy Fork $10,499.00 Mt. Tirzah $10,499.00 Hyco Lake $10,499.00 TOTAL $26,397.00 $10,499.00 $36,896.00 Ms. Tate spoke of the possibility of revenues with the proposed towers noting staff has spoken with Verizon, Sprint and AT&T about leasing space on our towers. AT&T has expressed interest in Bushy Fork and Mt. Tirzah for Fiscal Year 2015. Verizon has expressed interest in the Bethel Hill location, but has not provided a date. Sprint has not responded yet. Commissioner Blalock requested staff to bring back to the Board an estimate of possible revenues when it is brought back to the Board. December 2, 2013 6 OPTION #2 – Lease space on existing towers Capital Costs Tower Location* FY14-15 Bethel Hill $180,000 Bushy Fork $180,000 Mt. Tirzah $180,000 Hyco Lake $180,000 TOTAL $720,000 *each tower requires an estimated $180,000 for equipment Annual Operating Costs Tower Location FY14-15 Bethel Hill $24,000.00 Bushy Fork* $24,000.00 Mt. Tirzah* $24,000.00 Hyco Lake $24,000.00 TOTAL $96,000.00 *Staff has not heard back from private towers located in the Bushy Fork and Mt. Tirzah areas. American Tower owns a tower in Bethel Hill and near Hyco Lake and they have stated that there is space available and they would lease space to the county for $2,000/month. Ms. Tate stated this option would mean that the broadband provider would pay $650-700/month per tower to lease space. It is likely that this additional cost will increase the provider’s grant request as the grant is based on a 50/50 basis. Ms. Tate recommended releasing the RFP to get a more accurate estimate for the costs of constructing four 250 ft. towers as well as recommended further investigation into OPTION#2 to determine coverage, get feedback from the public safety focus group and obtain more accurate costs noting it is possible that the final solution may include some publicly owned towers and some privately owned towers. Commissioner Newell requested staff to bring back a coverage map using a 300 ft. tower for public safety and broadband noting the county may want to build for possible extension to 300 ft. at a later date. Vice Chairman Jeffers requested staff to complete a coverage map illustrating coverage for public safety and not broadband. A motion was made by Commissioner Puryear and carried 5-0 to direct staff to release the RFP as presented. December 2, 2013 7 STATE OF EMERGENCY ORDINANCE: Emergency Services Director, Wes Lail stated NC statutes establish emergency management authorities for state and local governments in Article 1 of G.S. Chapter 166A (North Carolina Emergency Management Act of 1977) and Article 36A of G.S. Chapter 14 (Riots and Civil Disorders). Article 1 of Chapter 166A defines responsibilities within State government for direction and control of the state’s emergency management program, and authorizes cities and counties to establish local emergency management programs. Article 36A authorizes cities and counties to enact ordinances imposing various restrictions and prohibitions during a locally declared state of emergency. Mr. Lail noted the NC General Assembly enacted significant legislation that consolidated, reorganized, and updated the state’s emergency management statutes. S.L. 2012-12 (HB843), “Modernize NC Emergency Management Act,” provided the most extensive overhaul of North Carolina’s emergency management statutes since they were established over thirty years ago. Mr. Lail further noted changes in the updated North Carolina Emergency Management Act included items such as new (and more modern/relevant) terminology and definitions, prohibitions (e.g. gun laws, curfew, etc.), and clearer lines of authority concerning emergency management functions within specified jurisdictions. As a result of these legislative changes, previously-adopted city and county emergency management ordinances need updating to reflect modifications made during the General Assembly’s consolidation and reorganization of the NC Emergency Management Act. Mr. Lail stated accurate and specific emergency management ordinances are especially critical during times of disaster—at which time both emergency and disaster declarations are needed and proclaimed as well as to identify federal, state and local funding sources. The Board may adopt the proposed ordinance as presented at the First Reading by unanimous vote or by simple majority vote at the Second Reading. A motion was made by Commissioner Puryear and carried 5-0 to adopt the State of Emergency Ordinance as presented. County Attorney, Ron Aycock added there is a provision within the State of Emergency Ordinance that is required by a recent appellate court decision for a person who has a weapon permit may not be restricted by such emergency and disaster declaration. Chairman Clayton stated the State of Emergency Ordinance does not apply to the City of Roxboro who would have the same authority as Person County related to issuing emergency and disaster declarations. December 2, 2013 8 December 2, 2013 9 December 2, 2013 10 December 2, 2013 11 December 2, 2013 12 December 2, 2013 13 December 2, 2013 14 BOARD OF COMMISSIONERS 2014 SCHEDULE OF MEETINGS: Clerk to the Board, Brenda Reaves told the Board that North Carolina General Statute 153A-40 requires boards of commissioners to hold a regular meeting at least once a month. Ms. Reaves presented to the Board a proposed schedule of meeting dates for 2014 for consideration and action to set the 2014 Person County Board of Commissioners Schedule of Meetings so to cause copy of such to be distributed and posted on the bulletin board and county website. Ms. Reaves stated the Board will hold its regular scheduled meetings in its usual Boardroom, Room 215 in the County Office Building unless otherwise posted. As recommended on the Schedule of Meetings, to accommodate attendance, Local Government Day Board meetings will be scheduled to be held in the County Auditorium as the same done for the Budget Public Hearing. Ms. Reaves noted the proposed Schedule of Meetings for 2014 does not include any scheduled Community Conversations meetings and staff requested the Board to set those as deemed appropriate during the year to match the community’s topic of interest as needed. Ms. Reaves further noted that the Board has historically approved holding one Board meeting in the months of March, July and December. Ms. Reaves stated no proposed 2014 meeting dates conflict with the NACo Legislative Conference held in March or the NACo Annual Conference scheduled in July. Commissioner Puryear requested Board consideration for the proposed February 17, 2014 meeting to be changed to February 24, 2014 as well as the proposed September 2, 2014 meeting to be changed to September 8, 2014 and the proposed September 15, 2014 meeting be changed to September 22, 2014. It was the consensus of the Board to agree with the changes requested by Commissioner Puryear. A motion was made by Commissioner Puryear, and carried 5-0 to adopt the Person County Board of Commissioners 2014 Schedule of Meetings as listed below. December 2, 2013 15 December 2, 2013 16 ADOPTION OF THE FISCAL YEAR 2014-2015 BUDGET CALENDAR: County Manager, Heidi York presented to the Board the Fiscal Year 2014-2015 Budget Calendar outlining a schedule for the timing of the budget process. Ms. York stated the annual Board Retreat has been scheduled in place of the Board’s second January meeting. Ms. York highlighted the other scheduled dates, all subject to change if needed, to facilitate an organized budget process for staff and elected officials. Ms. York requested the Board to adopt the budget calendar for Fiscal Year 2014-2015. A motion was made by Commissioner Puryear, and carried 5-0 to adopt the Fiscal Year 2014-2015 Budget Calendar as presented. December 2, 2013 17 December 2, 2013 18 RULES OF PROCEDURE FOR PERSON COUNTY BOARD OF COMMISSIONERS: County Manager, Heidi York informed the Board that over the last year, staff has been tracking changes and updates that need to be made to the Board’s Rules of Procedure. Ms. York presented to the Board for consideration the proposed Rules of Procedure noting the major revisions include the addition of a consent agenda as a regular part of the Board’s meeting agendas (Rule 9 (b) and Rule 11); the removal of the requirement of a second on a motion (Rule 15); and incorporating the process of releasing closed session minutes (Rule 31). Ms. York stated at the request of the Board, staff also looked into the possibility of conducting background checks on applicants to Board appointed boards and commissions noting due to the financial burden of background checks ($25 per individual) this addition was not included. A motion was made by Commissioner Puryear and carried 5-0 to adopt the Rules of Procedure for the Person County Board of Commissioners as presented. By reference, the Person County Board of Commissioners’ Rules of Procedure as adopted December 2, 2014 is incorporated into the minutes. SMART GROWTH WORKSHOP GRANT: Assistant County Manager, Sybil Tate presented for Board consideration an opportunity for Person County to apply for a Smart Growth community workshop grant. Ms. Tate stated the workshops are free noting an application must be completed by December 6, 2013 as well as a signed letter of support from the Chair of the Board of Commissioners must accompany the grant application. Ms. Tate outlined the two relevant one-day workshops that are offered: Implementing Smart Growth 101 and Planning for Economic and Fiscal Health noting the application limits only one workshop per grant. Implementing Smart Growth 101 Implementing Smart Growth 101 is an introductory overview of smart growth development strategies. This one-day workshop will introduce participants to the ten principles of smart growth development, and includes a hands-on session to explore how those principles could be applied in the host community. Planning for Economic and Fiscal Health This workshop teaches participants how to save money now, reduce fiscal liabilities for the future and spur local economic development, and provides examples of public and private projects that have successfully achieved these goals in the past. The workshop then shows how to apply these lessons in your community using an interactive and hands-on method. December 2, 2013 19 Ms. Tate confirmed no local match is required for application of the Smart Growth workshop grant. A motion was made by Commissioner Puryear and carried 5-0 to direct staff to apply for a Smart Growth community workshop grant. BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Vice Chairman Jeffers, and majority vote (5-0), the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 2nd day of December 2013, as follows: Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety (1,000) Transportation 1,663 Economic and Physical Development 1,000 REVENUES General Fund Intergovernmental Revenues (1,000) Other Revenues 7,463 Fund Balance Appropriation (4,800) EXPENDITURES Library Development Trust Fund 5,370 REVENUES Library Development Trust Fund Fund Balance Appropriation 5,370 Explanation: Reduction of VIP grant revenue and expenditures to reflect contract adjustments (-$1,000); receipt of insurance claim proceeds for damage to a PATS vehicle ($1,663); receipt of Weight Loss Challenge grant ($1,000); reduction of fund balance appropriation (-$4,800) in Public Health Department due to receipt of rental payments from Duke Health for space leased in Human Services Building ($4,800); appropriation of Library Development Trust funds for installation of security equipment ($5,370). December 2, 2013 20 CDBG MONTHLY REPORTING: County Manager, Heidi York presented to the Board the CDBG monthly activities report and a Monthly Performance Status Report for November 2013 that is due to be submitted to the Division of Community Assistance. A motion was made by Vice Chairman Jeffers and carried 5-0 to accept the monthly report as presented. CHAIRMAN’S REPORT: Chairman Clayton welcomed Commissioner Newell to his first Board meeting following his surgery. MANAGER’S REPORT: County Manager, Heidi York had no report. COMMISSIONER REPORT/COMMENTS: Vice Chairman Jeffers and Commissioner Newell had no report. Commissioner Blalock stated the survey slated for citizens’ input related to the old Helena School site is in process. Commissioner Puryear reported he would be attending the Sun Rock luncheon in Butner. County Attorney, Ron Aycock reported to the Board that the state’s tax appeal process has begun noting there have been five valuations upheld noting Mr. Glei’s lake property was one of those. Mr. Aycock noted several tax appeals have been settled prior to going to the Property Tax Commission. Currently there are sixteen remaining tax appeals that include thirty parcels. CLOSED SESSION #1 A motion was made by Commissioner Blalock, and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(6) to review personnel performance related to a contractor at 8:17 pm with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and Assistance County Manager, Sybil Tate. Chairman Clayton announced a brief recess. Closed Session #1 was called to order at 8:23 pm. December 2, 2013 21 A motion was made by Vice Chairman Jeffers, and carried 5-0 to return to open session at 8:39 pm. A motion was made by Chairman Clayton, and carried 3-2 to give notice by January 1, 2014 to terminate the Interlocal Agreement known as the Granville – Person Stormwater Services for joint operation of a stormwater management program as of July 1, 2014 with the County Manager outlining suggested amended portions of the agreement for continued participation, i.e., Upper Neuse River Basin Association and legal representation. Chairman Clayton, Vice Chairman Jeffers and Commissioner Blalock voted in favor of the motion. Commissioners Puryear and Newell voted in opposition to the motion. Commissioner Puryear asked the County Manager by action to approve the motion above, if termination of the Interlocal Agreement for stormwater services is a violation of the current partnership between the City of Roxboro and Person County for planning administration. Ms. York stated it would be a violation whereby the Interlocal Agreement for planning administration calls for a shared technician position, if the Board’s intention is for the stormwater duties to come in-house. A motion was made by Chairman Clayton, and carried 3-2 to give notice of the County’s intent to terminate the existing Interlocal Agreement for planning administration with the City of Roxboro by January 1, 2014 to be effective July 1, 2014. Chairman Clayton added consideration that both parties could negotiate some aspects of such agreement and instructed the County Manager to expressly state Person County’s intent not to participate in the Unified Development Ordinance. Chairman Clayton, Vice Chairman Jeffers and Commissioner Blalock voted in favor of the motion. Commissioners Puryear and Newell voted in opposition to the motion. Commissioner Puryear stated communication could have been better between the City of Roxboro and Person County and that the wrong message is being perceived that the two local governments are incapable of working together. Chairman Clayton disagreed with Commissioner Puryear’s statement due to the City of Roxboro having its own stormwater program as well as Person County’s efforts to combine stormwater into the County’s planning department to improve efficiency. Vice Chairman Jeffers added that having an in-house staff responsible for stormwater duties will be customer- friendly as well as more efficient. Commissioner Puryear stated his personal conversations with City Council members that have expressed interest in pursuing a joint stormwater official if formally approached. Ms. York pointed out the estimated savings of $30,000 to bring the stormwater duties in-house by terminating the stormwater agreement. Vice Chairman Jeffers confirmed with staff that the residents living in the city are regulated by the City of Roxboro’s stormwater ordinance. December 2, 2013 22 Following the Board’s first Closed Session #1 related personnel performance and prior to the Closed Session #2 for economic development, Commissioner Newell requested Board consideration to recuse him from Closed Session #2 due to the fact it involves a piece of property he owns part interest as well as excuse him from the remainder of the meeting. A motion was made by Commissioner Puryear, and carried 4-0 to accept Commissioner Newell’s request to recuse himself from Closed Session #2 and to excuse him from the remainder of the meeting. Commissioner Newell left the meeting at 8:47 pm. CLOSED SESSION #2 A motion was made by Vice Chairman Jeffers, and carried 4-0 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 8:48 pm with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock and Economic Development Director, Stuart Gilbert. A motion was made by Commissioner Puryear, and carried 4-0 to return to open session at 9:38 pm. ADJOURNMENT: A motion was made by Vice Chairman Jeffers, and carried 4-0 to adjourn the meeting at 9:38 pm. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman