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BOC minutes may 20 2013 May 20, 2013 1 PERSON COUNTY BOARD OF COMMISSIONERS MAY 20, 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, May 20, 2013 at 9:00 am in the Commissioners’ meeting room in the Person County Office Building. 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 add an additional Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property to the agenda and to approve the agenda as adjusted. RESOLUTION OF APPRECIATION: Chairman Clayton read and presented a Resolution of Appreciation to Person County retiree, Debra Pergerson. May 20, 2013 2 May 20, 2013 3 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. Ms. York noted this is a competitive award based on established criteria including: attendance at county trainings, reporting accidents in a timely manner, submitting accident investigation forms, reporting hazards, performance on facility inspections, and emergency procedures testing and other outstanding safety acts. Ms. York recognized the Health Department, the third recipient and county department to earn the Person County Government Safety Award. Ms. York highlighted that the Health Department not only serves the well-being of public but places special emphasis on health and safety of its employees. The various clinics and programs present the potential for accidents, exposure to hazards and injury. Hazards include biological exposure to blood samples, injuries while performing well or septic inspections and the potential for incidents during home visits or during travel to worksites. Through safety initiatives are in place within the department which is led by Kim Griffin, Laboratory Supervisor, and with the aid of the Person County Safety Officer, OSHA and the NC Department of Labor, the department is committed to providing a safe work environment for staff and public. Ms. York stated the Person County Health Department is currently preparing for their recertification for Public Sector Star Site. The department was initially certified in November 2010 by the NC Department of Labor in recognition of the commitment to maintain a healthy and safe work environment. Ms. York presented the certificate and plaque with the Health Department’s name listed to the Health Department Safety Committee. The plaque hangs in the hallway outside the County Manager’s Office and the Commissioners’ meeting room. A newsletter article will be in the county newsletter and submitted to the local paper to highlight the outstanding measures of the county department. In attendance receiving the award were the Health Department’s Safety Committee members Tibby Rose, Christy Clayton, Adam Sarver, Kim Griffin, Margaret Hicks and LeighAnn Creson. May 20, 2013 4 May 20, 2013 5 PUBLIC HEARING: FINANCIAL GRANT INCENTIVE FOR PROJECT P90X ESTIMATED AT $531,385 OVER SIX YEARS: A motion was made by Commissioner Blalock, and carried 5-0 to open the duly advertised public hearing for the financial grant incentive for Project P90X estimated at $531,385 over six years. Economic Development Director, Stuart Gilbert stated the business interested in relocating to Person County and county officials were in the process of further discussing Project P90X financial grant incentives noting the business contact respectively requested for the public hearing to be continued to the Board’s June 17, 2013 meeting. A motion was made by Vice Chairman Jeffers, and carried 5-0 to recess the public hearing for the financial grant incentive for Project P90X estimated at $531,385 over six years until June 17, 2013 at 9:00 am. PUBLIC HEARING: FINANCIAL GRANT INCENTIVE FOR PROJECT LINE5 ESTIMATED AT $1,074,290 OVER TEN YEARS: Economic Development Director, Stuart Gilbert stated the business interested in establishing a new operation in Person County and county officials were in the process of further discussing Project Line5 financial grant incentives noting the business contact respectively requested for the public hearing to be continued to the Board’s June 17, 2013 meeting. A motion was made by Vice Chairman Jeffers, and carried 5-0 to recess the public hearing for the financial grant incentive for Project Line5 estimated at $1,074,290 over ten years to June 17, 2013 at 9:00 am. INFORMAL COMMENTS: There were no comments from the public. APPROVAL OF MINUTES: A motion was made by Commissioner Blalock, and carried 5-0 to approve the minutes of April 29, 2013 and May 6, 2013. May 20, 2013 6 OLD BUSINESS: ZONING ORDINANCE PERTAINING TO NONCONFORMING AND ACCESSORY USES: Assistant County Manager, Sybil Tate stated at the Board’s April 1, 2013 meeting, the Board approved changes to 101-2 and decided to make no changes to 102-1 of the Zoning Ordinance. The Board instructed staff to gather information from other counties regarding zoning regulations of accessory units. Ms. Tate noted the Board discussed the option of allowing accessory structures to be located five feet from any property line – front, side and rear and requested management to bring back recommendations for sections 60-5 and 60-6. Ms. Tate highlighted a chart comparing Person County’s existing accessory use regulations and the proposed changes to the accessory use regulations from the Planning Board with other counties noting at the bottom of the table, staff has listed the least restrictive options from any of the ordinances reviewed. Ms. Tate recommended all of the least restrictive options, except the setback requirement for accessory structures located in the front yard. Instead, staff recommends decreasing the setback requirement to 25feet from front property lines and increasing the requirement to 40feet for properties on NC and US highways. The Person County Zoning Ordinance requires a 40foot setback for dwellings on NC and US highways and a 25foot setback from other right-of-ways. County Distance from side and rear property lines (60-5) Distance from principal structure (60-5) # of accessory units allowed (60-6) Allowed in the front yard? (60-6A) Person (current) 5ft 5ft 3 accessories for 3 acres, 1 additional accessory for every acre over 3 No Person (proposed by Planning Board) 5ft 5ft 3 accessories for 3 acres, 1 additional accessory for every acre over 3 Yes, on lots 5 acres or larger, at least 50 ft from street right of way, 25 ft from side property line New Hanover 5ft, if no greater than 600 sq ft 5ft, if no greater than 600 sq ft N/A (no limit) Yes, if does not exceed 50 sq ft and houses well or pump equipment Scotland 10 ft from sides , 30 ft max in rear N/A (no limit) N/A (no limit) Yes, if 30 ft from front property line May 20, 2013 7 Franklin 5ft, maximum bldg. size is 720 sq ft for lots under 1 acre ( distance and building size increase as lot size increases) 10 ft Limit is based on sq ft allotment Yes, in lots of 5 acres or more, 200 ft from right of way Granville 10 feet, 20 feet from right-of-way N/A (no limit) N/A (no limit) Yes, in lots over 10 acres, 25 ft from property line, 100 ft from right of way Vance 10 ft 10 ft, 30 ft from other accessory structure 1 per .45 acres, for each additional .45 acres another accessory bldg. is allowed; must be 30ft apart Yes, if less than 50 sq ft and houses well or pump equipment Chatham Must meet standard setbacks of 25 ft from side and rear property lines, if open car port it can be 10 ft N/A (no limit) N/A (no limit) Yes, it must be 40 ft from front property line, 25 ft from sides and rear Least Restrictive Option 5 ft N/A (no limit) N/A (no limit) Yes, if 30 ft from front property line It was the consensus of the Board to consider adopting the least restrictive accessory use language as outlined below as presented by Ms. Tate: i. 60-5. Unless otherwise specified in this ordinance, accessory buildings may be allowed within five feet of rear and side yard lot lines. provided they are five feet or more from the main structure. ii. 60-6. Unless otherwise specified in this ordinance, every principal building hereafter erected or moved shall be located on a separate lot and in no case shall there be more than one principal building and three permitted accessory buildings on all lots under three acres. There shall be allowed one additional accessory building for every acre over three acres. Industrial operations located in the GI district shall be exempted from this provision. iii. 60-6A. Accessory structures may be placed in the front yard, if at least 25ft from the front property line. For lots located on NC and US highways, accessory structures may be placed in the front yard, if at least 40 feet from the front property line. May 20, 2013 8 Chairman Clayton expressed his desire for existing structures to be grandfathered for compliance versus situations arising where a parcel was split and an existing structure would not meet the ordinance requirements. County Attorney, Ron Aycock noted language could be added to the ordinance specifying uses to be grandfathered. It was the consensus of the Board for the County Attorney to propose language for inclusion in the Zoning Ordinance related to existing structures. Commissioner Blalock raised concerns that section 101-7(b) mandating a deadline for restoration to begin and be completed. Ms. Tate suggested item b to read: If the use is a one-family dwelling, restoration shall be permitted. 101-7 A nonconforming structure or a conforming structure devoted to a nonconforming activity that is damaged by any casualty to an extent more than 60 percent of its assessed value, based on County Tax Assessor records, shall not be restored except as follows: a. As a conforming use. b. If the use is a one-family dwelling, restoration shall be permitted, provided such restoration is begun within six months of the casualty and completed within 24 months of the casualty. c. For structures except a one family dwelling, restoration of a nonconforming structure shall require approval by the Board of Adjustment. A site plan according to Section 80 will be required. In approving such permit, the Board will consider the stated purpose for establishing the zoning district in which the structure is located, the uses in the area immediately surrounding the structure in question, particularly the other nonconforming uses, and the hardship which would result from a denial of the Conditional Use Permit. The permit shall include conditions as to time for repair to be completed and any other conditions deemed necessary to carry out the intent of this section of the ordinance. Ms. Tate stated she would incorporate the changes as requested by the Board as well as obtain proposed language from the County Attorney related to existing structures to bring back in final form for the Board’s consideration for approval. May 20, 2013 9 NEW BUSINESS: COUNTY EMPLOYEE HEALTH BENEFITS PLAN FOR FY13-14: County Manager, Heidi York stated each year the County’s Human Resources Department works through Thompson-Allen Insurance of Roxboro and new to the county this year is Scott Benefit Services from Raleigh acting as the county’s brokers to determine an employee benefits plan which is fiscally feasible and addresses the needs of the county’s workforce. Ms. York stated the process takes many months of negotiating noting the County currently spends approximately $2,461,193 on employee health benefits per year. Ms. York explained the NC League of Municipalities has welcomed counties to participate in their insurance pool this year. The Human Resources Department sought a quote from the League to determine its competitiveness with the proposals through Thompson-Allen and Scott Benefit Services. Ms. York stated the League’s proposal addresses the priorities of the workforce and would allow Person County to begin transitioning to a self-funded benefits program, which the majority of NC cities and counties are now moving toward, without becoming fully self-funded. Ms. York noted staff has created a partially self-funded plan which keeps control of escalating benefits costs. Ms. York stated the City of Roxboro is adopting a very similar plan with the League as well. In addition the League will provide wellness benefits to employees that are aimed at reducing employees’ overall medical costs and in turn, reducing the county’s insurance claim rates. Ms. York stated Mr. Phillip Allen of Thompson-Allen Insurance and Mr. Bryan Bickley of Scott Benefit Services has requested to present their recommended plan to the Board. Ms. York stated she offered the same opportunity to the League of Municipalities to which they have representatives available to present their plan to the Board as well. Ms. York asked the Board to receive the presentations and set the employees’ benefits plan for FY13-14. Mr. Phillip Allen of Thompson-Allen Insurance, Mr. Bryan Bickley of Scott Benefit Services and Mr. Baker Freiberg of Coventry Health Care of the Carolinas presented the following health benefits plan to the Board: May 20, 2013 10 May 20, 2013 11 May 20, 2013 12 May 20, 2013 13 May 20, 2013 14 May 20, 2013 15 May 20, 2013 16 May 20, 2013 17 May 20, 2013 18 May 20, 2013 19 May 20, 2013 20 Ms. York asked Mr. Freiberg if the recent acquisition by Aetna of Coventry would impact any changes in the health benefits plan. Mr. Freiberg assured the group the two organizations would create a better dynamic with minimal changes seen in the next two-three years. Human Resources Director, Angie Warren introduced the representatives in attendance on behalf of the NC League of Municipalities: Mr. Bob Haynes, Associate Director Risk Management Services, Mr. John Phillips, Vice President, Business Development, Medcost, Ms. Julie Hall, NC League Director of Health Programs and Ms. Angela Greene, NC League Member Services Field Consultant. Mr. Haynes presented to the Board the following health benefits plan: May 20, 2013 21 May 20, 2013 22 May 20, 2013 23 May 20, 2013 24 May 20, 2013 25 May 20, 2013 26 May 20, 2013 27 May 20, 2013 28 May 20, 2013 29 May 20, 2013 30 May 20, 2013 31 May 20, 2013 32 Ms. Warren provided a letter from the City of Hendersonville Human Resources Director outlining the City of Hendersonville’s experience with the NC League of Municipalities’ health insurance program. May 20, 2013 33 Ms. Warren highlighted comparisons of the two benefit plans presented for the Board’s review. It was noted the Wellpath/Coventry plan had been changed slightly since its initial submission to the County for consideration thereby making the comparisons inaccurate. May 20, 2013 34 May 20, 2013 35 May 20, 2013 36 Commissioner Blalock requested consideration to have this item placed upon the meeting agenda for May 28, 2013. Ms. York commented on the stringent deadline to have the enrollment meetings for employees to complete the insurance forms and submit to staff for entry into the accounting software prior to the June payroll. A motion was made by Commissioner Newell, and carried 5-0 to select Wellpath/Coventry as Person County’s group health benefits plan as presented by Phillip Allen of Thompson-Allen Insurance of Roxboro and Bryan Bickley of Scott Benefit Services of Raleigh. Chairman Clayton announced a brief recess at 11:04 am. The meeting was reconvened at 11:10 am. KERR-TAR REGIONAL COUNCIL OF GOVERNMENTS’ REQUEST FOR A SPECIAL ASSESSMENT: County Manager, Heidi York stated the Kerr-Tar Regional Council of Governments (COG) is requesting a one-time special assessment of all member governments. The request is for each member government to pay an additional $1.39 per capita contribution to the COG before May 31, 2013. For Person County, this amounts to $43,232. Ms. York clarified this special assessment request is in additional to the annual dues paid to the COG which is just under $15,000. Ms. York noted the intent of the COG to reduce member dues over a period of time to repay each jurisdiction incrementally the amount of the special assessment requested. Ms. Diane Cox, the Interim Executive Director for the COG presented the request on behalf of the COG’s Board of Directors. Ms. Cox stated the special assessment request is being made to fully replenish their Revolving Loan Fund. It was discovered during the FY11-12 audit review that inappropriate and inadvertent use of restricted funds from the Revolving Loan Fund were utilized for general operations. The US Economic Development Administration (EDA) informed the COG in April that the funds owed to the Revolving Loan Funds were to be paid back in full immediately. Because the COG is statutorily prohibited from borrowing money, the quickest mechanism for obtaining the needed funds is through this special assessment on its members. Chairman Clayton stated he is the Commissioner Representative on the COG Board noting the Board of Directors were not aware of any such activity. Chairman Clayton stated the Executive Director had resigned and Ms. Cox, as the Interim Director, had this issue placed on her without prior knowledge. Ms. Cox and Chairman Clayton noted the COG has implemented a deficit reduction plan with a finance committee being May 20, 2013 37 appointed, not going forward to hire an Executive Director at this time, suspended contributions to the 401k plan, reduced board expenses and moving the Community Development Block Grant program to fall under the Economic Development program. Chairman Clayton stated the attorney for the COG, Jim Wrenn, had reviewed the issue and found no criminal activity and that the violation involved restricted funds being co- mingled with general use funds. Commissioner Puryear stated he was not in support of the county funding the special assessment request. Vice Chairman Jeffers noted other county services and programs that would be affected if the county did not fund the special assessment request and stated his support to the COG. A motion was made by Chairman Clayton, to fund the Kerr-Tar Regional Council of Governments’ request for a special assessment in the amount of $43,232. A substitute motion was made by Commissioner Puryear, to not fund the Kerr- Tar Regional Council of Governments’ request for a special assessment in the amount of $43,232 and suspend membership until such time that the COG is proven to be financially stable. The substitute motion failed 2-3 with Commissioners Puryear and Newell voting in favor and Chairman Clayton, Vice Chairman Jeffers and Commissioner Blalock voting in opposition. The original motion carried 3-2 with Chairman Clayton, Vice Chairman Jeffers and Commissioner Blalock voting in support. Commissioners Puryear and Newell cast the dissenting votes. SEWER EXTENSION FOR NEW ROXBORO VETERINARY HOSPITAL: General Services Director, Ray Foushee requested Board approval of a sewer extension for a new Roxboro Veterinary Hospital. Mr. Foushee noted Dr. Aric Sabins plans to build a new Roxboro Veterinary Hospital approximately 3,000 feet west of the intersection of Patterson Drive and Hurdle Mills Road. The hospital will be on Patterson Drive. Mr. Foushee further noted Dr. Sabins has requested that the new veterinary hospital be connected to the City sewer line, requiring an extension of approximately 1,036 linear of 8” PVC. Mr. Foushee stated the total cost of the sewer extension will be included in the building project, with no cost to the City or the County. As per the ‘City and County Joint Water and Sewer Agreement’ adopted in August 1999, Mr. Foushee stated that both the City and County, through their respective governing bodies, shall approve all plans and authorize each extension of water and sewer lines. May 20, 2013 38 Mr. Foushee stated the City had this item on their May 14, 2013 agenda and City Council granted approval. A motion was made by Vice Chairman Jeffers, and carried 5-0 to approve the sewer extension request for a new Roxboro Veterinary Hospital as presented. 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 Fund(s) listed below on this, the 20th day of May 2013, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government (576) Public Safety 35,604 Culture & Recreation (6,527) Human Services 1,229 REVENUES General Fund Other Revenues 3,424 Charge for Services 6,701 Intergovernmental Revenues 19,605 EXPENDITURES Capital Improvement Projects Fund Energy Lighting Project 3,387 REVENUES Capital Improvement Projects Fund Other Revenues 3,387 Explanation: Received additional Morale Concession revenues ($653); Sheriff's donations ($449); Concealed Weapons fees ($9,105); Reimbursement for State and Federal Inmates ($19,605); Jail fees ($1,787); Jail Concessions & Medical revenues ($1,250); Sales and Commissions from inmate phone cards ($2,726); Rabies vaccination revenues ($232); EMS donations ($450); Recreation donations ($500); Insurance claim received for damage to Mayo vehicle ($1,372); correcting a budget entry that inaccurately appropriated Kirby & Arts revenue -($8,399); transferring funds from the Information Technology Funds -($1,299) to DSS for purchase of IT-related equipment ($1,229); and appropriating a cost share received from Progress Energy for the County's Energy Lighting Project ($3,387). May 20, 2013 39 Vice Chairman Jeffers inquired about the revenues related to jail concessions and commissions from inmate phone cards. Ms. Wehrenberg stated the revenues were a result of items purchased through the jail canteen. Ms. Wehrenberg requested confirmation the COG special assessment appropriation would be funded by the County Fund Balance. It was the intent and direction by the Board to the Finance Director to appropriate the special assessment from the County Fund Balance. PRESENTATION OF THE FISCAL YEAR 2013-2014 PROPOSED BUDGET: County Manager, Heidi York stated North Carolina General Statutes require that on or before June 1, the manager present her recommended budget for the next fiscal year to the Board of Commissioners. An overview of the proposed budget will be given, along with copies of the budget document for Commissioners’ review. The schedule of the budget work sessions will also be presented based on the Board’s feedback. According to the adopted budget calendar, the Board is scheduled to adopt the budget at their June 17th Board meeting. May 20, 2013 40 May 20, 2013 41 May 20, 2013 42 May 20, 2013 43 May 20, 2013 44 May 20, 2013 45 May 20, 2013 46 May 20, 2013 47 May 20, 2013 48 May 20, 2013 49 May 20, 2013 50 May 20, 2013 51 May 20, 2013 52 May 20, 2013 53 May 20, 2013 54 May 20, 2013 55 May 20, 2013 56 May 20, 2013 57 May 20, 2013 58 May 20, 2013 59 It was the consensus of the Board to schedule the first budget work session on Tuesday, May 28, 2013 at 6:00 pm in their usual Board room. Ms. York noted the budget public hearing would be held at the Board’s next regular scheduled meeting on June 3, 2013 at 7:00 pm in the County Auditorium. Following public input on June 3, 2013, Ms. York suggested a follow up budget work session on June 10, 2013 at 9:00 am. Due to conflicts with the proposed 9:00 am time of meeting on June 10, 2013, it was the consensus of the Board to schedule the June 10, 2013 work session to begin at 6:00 pm. CHAIRMAN’S REPORT: Chairman Clayton reported he had referred citizens with issues about their property tax revaluation to the Board of Equalization and Review for the appeal process. MANAGER’S REPORT: County Manager, Heidi York reminded the Board of an invitation to the Public Safety Responder Appreciation Event for public safety employees (911, EMS, Fire, Rescue, and Law Enforcement) on May 21, 2013 from 5:00 -7:00 pm at Fire Station 2 located in front of Wal-Mart. COMMISSIONER REPORT/COMMENTS: Commissioner Newell had no report. Commissioner Blalock announced a dinner for all veterans will be held at the Bushy Fork Grange Hall on Friday, May 24, 2013 at 6:00 pm. Commissioner Puryear had no report. Vice Chairman Jeffers had no report. CLOSED SESSION #1 A motion was made by Commissioner Puryear, and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property at 12:28 pm and to permit the following individuals to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate, General Services Director, Ray Foushee, Person Industries Director, Wanda Rogers, Person Industries Assistant Director, Becky Clayton and Summer Intern, Brittany Bennett. A motion was made by Commissioner Blalock, and carried 5-0 to return to open session at 12:45 pm. CLOSED SESSION #2 A motion was made by Commissioner Blalock, and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real May 20, 2013 60 property at 12:46 pm and to permit the following individuals to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate, IT Director, Gary Latta and Summer Intern, Brittany Bennett. A motion was made by Commissioner Blalock, and carried 5-0 to return to open session at 12:56 pm. CLOSED SESSION #3 A motion was made by Commissioner Blalock, and carried 5-0 to enter 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 1:00 pm and to permit the following individuals to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, and County Attorney, Ron Aycock. A motion was made by Vice Chairman Jeffers, and carried 5-0 to return to open session at 1:12 pm. CLOSED SESSION #4 County Manager, Heidi York stated the fourth Closed Session was not needed at this time. The Board did not enter Closed Session as was planned. RECESS: A motion was made by Commissioner Blalock, and carried 5-0 to recess the meeting at 1:12 pm until May 28, 2013 at 6:00 pm for the purpose of a budget work session. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman