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BOC minutes may 6 2013 May 6, 2013 1 PERSON COUNTY BOARD OF COMMISSIONERS MAY 6, 2013 MEMBERS PRESENT OTHERS PRESENT Jimmy B. Clayton Heidi York, County Manager Kyle W. Puryear C. Ronald Aycock, County Attorney B. Ray Jeffers - ABSENT 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 recessed session on Monday, May 6, 2013 at 6:00 pm in the Commissioners’ meeting room in the Person County Office Building. The purpose of the meeting will be for closed session discussion jointly with the City of Roxboro of matters relating to the location or expansion of industries or other businesses in the county per General Statute 143-318.11(a)(4). Person County Attendees: Chairman Clayton, Commissioners Blalock, Puryear and Newell County Manager, Heidi York Clerk to the Board, Brenda Reaves City of Roxboro Attendees: Mayor Merilyn Newell, Mayor Pro-Tem William Davis, Council Members: Henry Daniel, Sandy Stigall, Mark Phillips, and Byrd Blackwell City Manager, Stephen Steese Chairman Clayton called the meeting to order. Vice Chairman Jeffers was absent. CLOSED SESSION #1: A motion was made by Commissioner Puryear, and carried 4-0 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) jointly with the City of Roxboro at 6:04 pm with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Economic Development Director, Stuart Gilbert, Economic Commission Chairman/Person County Business Industrial Center Chairman, Randy Reynolds and the City of Roxboro attendees listed above. A motion was made by Commissioner Blalock, and carried 4-0 to return to open session at 7:01 pm. A motion was made by Commissioner Puryear, and carried 4-0 to recess briefly. May 6, 2013 2 Chairman Clayton called the meeting to order at 7:04 pm, led invocation and the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear, and carried 4-0 to add the following items to the agenda, move Item #4 to be considered before Item #3 and to approve the agenda as adjusted: • a Public Service Recognition Week Proclamation, and • Two additional Closed Sessions 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). INFORMAL COMMENTS: There were no comments from the public. APPROVAL OF MINUTES: A motion was made by Commissioner Puryear, and carried 4-0 to approve the minutes of April 1, 2013 and April 15, 2013. TAX ADMINISTRATIVE REPORT: A motion was made by Commissioner Puryear, and carried 4-0 to approve the Tax Administrative Report noting the Releases for the month of March, 2013. OLD BUSINESS: REVISED PERSON COUNTY ANIMAL SERVICES ORDINANCE: County Attorney, Ron Aycock requested the Board to consider an amendment for the section outlining the effective date to read: effective upon adoption. Animal Services Director, Ron Shaw stated the Person County Animal Control Advisory Board has been working on a comprehensive revision to the Animal Control Ordinance over the last two years. The first revised version of the Ordinance was presented to the Board of Commissioners in early 2011. Since that time, the Animal Control Advisory Board has been updating their Ordinance to incorporate best practices for enforcement and animal welfare. Mr. Shaw presented the revised Animal Services Ordinance for Board consideration of adoption and recognized the members of the Animal Services Board present in the audience. May 6, 2013 3 Commissioner Blalock asked Mr. Shaw about Section 5, Possession of Livestock: The Person County Animal Services Department shall enforce the applicable State Laws in reference to the care and possession of livestock. Mr. Shaw noted the current Animal Cruelty Officer, Mike Fuqua would enforce such rules. Commissioner Blalock requested the applicable State Laws be linked to the Animal Services web site. Mr. Shaw stated the Animal Services Department and advisory board would be recommending to the County Manager a future proposal for the ability to issue citations. A motion was made by Commissioner Puryear, and carried 4-0 to adopt the Animal Services Ordinance. By unanimous vote on the first reading of the Animal Services Ordinance, the ordinance was adopted May 6, 2013. May 6, 2013 4 May 6, 2013 5 May 6, 2013 6 May 6, 2013 7 May 6, 2013 8 May 6, 2013 9 May 6, 2013 10 May 6, 2013 11 May 6, 2013 12 May 6, 2013 13 May 6, 2013 14 May 6, 2013 15 May 6, 2013 16 May 6, 2013 17 May 6, 2013 18 May 6, 2013 19 INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROXBORO AND PERSON COUNTY FOR PLANNING ADMINISTRATION: County Manager, Heidi York reminded the Board that at their previous meetings in March and April, the Board has reviewed the draft Interlocal Agreement with the City of Roxboro for joint planning administration as well as combining the appointed boards noting the Board of Commissioners was not in favor of combining the planning boards or the boards of adjustment. Ms. York stated Roxboro City Council also received the Agreement and shared the consensus of the Board to not combine the planning boards and boards of adjustment at this time. Ms. York noted Roxboro City Council directed the City Manager to move forward on combining the planning department staffs and to begin working towards the development of an Unified Development Ordinance (UDO) for the City and County. Ms. York presented a revised Interlocal Agreement reflecting such changes for consideration and discussion. Ms. York reminded the Board that the joint planning department would consist of a shared director, Aaron Holland, who would report to both the City and County Managers and a county planner and a currently vacant technician position, both of which would be supervised by the director. Ms. York confirmed the joint planning department would be cost neutral to both the City and County. Ms. York told the group the estimated cost of creating an UDO is approximately $60,000. Ms. York stated the UDO process is estimated to take two years with the costs spread over two fiscal years. Ms. York stated she would propose in the two upcoming budgets Person County’s share of $15,000 in each year noting the City of Roxboro would do the same. Once the UDO process is complete, both governing bodies would have the opportunity to consider merging the planning boards and boards of adjustment. Ms. York introduced Michael Ciriello, Planning Director for the Kerr-Tar Regional Council of Governments, to answer any questions from the Board related to the UDO process for the City and the County. Mr. Ciriello stated the UDO would combine all independent ordinances and guidelines for the city and county into a single, simplified document which would streamline the approval and review process, be more cost effective for citizens, and more efficient for planning staff. Mr. Ciriello noted that the UDO process would be an opportunity for both the city and county to identify and repair inconsistencies, redundancies or confusion within the ordinances making sure the UDO is consistent with long-term plans. Mr. Ciriello stated the need to establish a steering committee to oversee the process and to assist in soliciting input from residents. Mr. Ciriello estimated the costs of contracting with a private consultant to facilitate the creation of the UDO process at $100,000 but the costs may be decreased to $60,000 by using city and county staffs and the regional resources at the COG. Ms. York told the Board that approval of the Interlocal Agreement would not be appropriating the funding for the UDO process noting a Request for Proposals would be released and the responding proposals would be evaluated and presented to the Board for approval. Ms. York anticipates the UDO process to begin in January 2014. May 6, 2013 20 Commissioner Puryear expressed concerns with the director position being supervised by both city and county managers and that there is no cost savings noting the UDO would cost the county noting Roxboro City Council has more reasons to proceed with the UDO due to their ordinance being much older than the county’s current ordinance. Commissioner Puryear stated he would vote in support of the presented Interlocal Agreement but wanted to go on record for the county to have the option to terminate and revert back to the current procedure if the process did not proceed smoothly. Commissioner Blalock asked Ms. York if the City shares cost for the county owned building space. Ms. York stated the city and county have a cost share agreement to which that is a part. A motion was made by Commissioner Blalock, and carried 3-1 to adopt the Interlocal Agreement between the City of Roxboro and Person County for Planning Administration. Commissioner Newell cast the lone dissenting vote noting he was not convinced the joint planning department would improve services. May 6, 2013 21 May 6, 2013 22 May 6, 2013 23 May 6, 2013 24 May 6, 2013 25 May 6, 2013 26 NEW BUSINESS: REQUEST FOR ADDITIONAL FUNDING FOR THE SHERIFF’S OFFICE AND DETENTION CENTER: Person County Sheriff Dewey Jones and Chief Deputy Al Rhew presented the Board with a request for additional funding for the Sheriff’s Office and Detention Center budgets for the current fiscal year. Chief Deputy Rhew requested additional funding for the Vehicle Maintenance and Repairs line in the amount of $20,000. The Sheriff’s Office budget for FY12-13 appropriated $50,000 for Vehicle Maintenance and Chief Deputy Rhew estimated an additional $20,000 needed to complete the current year budget. Chief Deputy Rhew stated factors affecting the needed increase are 1) higher than normal projected maintenance costs, and 2) operating seven vehicles with over 100,000 miles and eight vehicles with over 90,000 miles which is higher than Person County maximum Vehicle Replacement Policy. These two factors are the main influence of high cost, because as vehicles get older, high mileage maintenance costs are more expensive such as drive train problems, things other than general maintenance. Chief Deputy Rhew confirmed the Sheriff’s Office has a total of 56 vehicles. County Manager, Heidi York stated the Sheriff’s Office has requested six new vehicles in the upcoming budget, however she will be proposing eight new vehicles. Chief Deputy Rhew requested an increase in the Detention Center’s contracted food service/supplies budget line of $144,000. Sheriff Jones noted the price per meal for incarcerated people had not gone up however arrests associated with recent drug operations have contributed to an increase in the inmate population. In preparing the 2012-2013 Sheriff’s budget, Sheriff Jones and Chief Deputy Rhew estimated the cost of housing an inmate for one year at $4,938 and the request was based on an average number of 88 inmates by averaging the inmate population in years 2009-2011 however in 2012 there was a spike in population because of a successful drug operation which raised the average to 105. In 2013 another spike in population resulted for several months housing the maximum population of 136. Sheriff Jones noted adjustments for the upcoming budget request for 2013-2014 will increase to $550,171. Sheriff Jones expressed his pleasure with his proactive drug unit with the recent drug operations warning that 95% of crimes are drug associated. A motion was made by Commissioner Puryear, and carried 4-0 to approve additional funding to cover the costs on a monthly basis as presented to the County Manager through the end of the current fiscal year for the Sheriff’s Office and Detention Center budgets. May 6, 2013 27 REVIEW OF THE BOARD OF COMMISSIONERS’ RULES OF PROCEDURES: County Manager, Heidi York reminded the Board at its January 7, 2013 meeting, the Board voted 3-2 to no longer require a second to a motion. Staff was directed to bring this item back for evaluation at the first meeting in May. Ms. York requested the Board to evaluate the Board’s decision to not require a second to a motion. A motion was made by Commissioner Blalock, and carried 4-0 to extend the trial basis for not requiring a second to a motion until the first meeting in September 2013 at which time, the process will be revaluated. CDBG MONTHLY REPORTING: County Manager, Heidi York presented to the Board the CDBG monthly activities report for April 2013 and a Monthly Performance Status Report for April 2013 that is due to be submitted to the Division of Community Assistance. A motion was made by Chairman Clayton, and carried 4-0 to accept the monthly report as presented. BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Commissioner Newell, and majority vote (4-0), the Board of Commissioners of Person County does hereby amend the Budget of the Fund(s) listed below on this, the 6th day of May 2013, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 21,300 Contingency (21,000) REVENUES General Fund Other Revenues 300 EXPENDITURES Economic Catalyst Special Revenue Fund 500,000 REVENUES Economic Catalyst Special Revenue Fund Intergovernmental Revenues 480,000 Fund Balance Appropriation 20,000 May 6, 2013 28 EXPENDITURES Airport Construction Capital Project Fund 2009 Vision 100 Projects (4,508) 2010 Vision 100 Projects 151,462 Taxiway Lighting Repair Project 19,713 REVENUES Airport Construction Capital Project Fund Federal Grant-2010 Vision 100 136,315 Federal Grant-2009 Vision 100 (4,055) Federal Grant-Taxiway Lighting Repair Project 17,742 Local Match-2010 Vision 100 15,147 Local Match-2009 Vision 100 (453) Local Match-Taxiway Lighting Repair Project 1,971 Explanation: Received a donation for EMS ($300); requesting to utilize contingency funding (-$21,000) to cover service transitional costs and fuel shortages in Animal Services ($21,000); received a notification from the NC Rural Center that a drawdown of grant funds ($480,000) is due for a project approved by the Board of Commissioners in 2010 for Eaton Corporation that was completed in November 2012 and required a local match ($20,000) to be allocated from available funds in the Economic Catalyst Special Revenue Fund; appropriating DOT's newly allotted 2010 Vision 100 grant funds for future Airport Projects ($150,000) that requires a local match ($16,667) to be allocated from available funds in the Airport Construction Capital Project Fund; and utilizing remaining portion of 2009 Vision 100 funds (-$4,508) and partial 2010 Vision 100 funds (-$15,205) for new Taxiway Lighting Repair Project at the Airport ($19,713). PUBLIC SERVICE RECOGNITION WEEK PROCLAMATION: Chairman Clayton read the Public Service Recognition Week Proclamation designating the week of May 5-11, 2013 for all citizens to recognize the accomplishments and contributions of government employees at the federal, state, county and city levels. A motion was made by Commissioner Newell, and carried 4-0 to adopt the Public Service Recognition Week Proclamation. May 6, 2013 29 May 6, 2013 30 CHAIRMAN’S REPORT: Chairman Clayton reported the next NC Association of County Commissioners’ Environmental Committee meeting will be held on May 10, 2013 at 10 00 am. MANAGER’S REPORT: County Manager, Heidi York relayed an invitation from the Roxboro Area Chamber of Commerce for an AT&T meeting to announce expansion from 3G to 4G services on May 13, 2013 at 11:00 am. COMMISSIONER REPORT/COMMENTS: Commissioner Puryear had no comments. Commissioner Blalock asked the County Manager to forward to all commissioners the fact sheet related to Senate Bill 612. Commissioner Newell had no comments. CLOSED SESSION #1 RECONVENES: A motion was made by Commissioner Puryear, and carried 4-0 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 8:14 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 Newell, and carried 4-0 to return to open session at 8:40 pm. A motion was made by Commissioner Blalock, and carried 4-0 to schedule a public hearing at the Board’s next meeting, May 20, 2013 related to Project Line5 financial incentives. May 6, 2013 31 CLOSED SESSION #2: A motion was made by Commissioner Blalock, and carried 4-0 to enter Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property at 8:42 pm and to permit the following individuals to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, General Services Director, Ray Foushee, Person Industries Director, Wanda Rogers and Person Industries Assistant Director, Becky Clayton. A motion was made by Commissioner Blalock, and carried 4-0 to return to open session at 9:15 pm. CLOSED SESSION #3: A motion was made by Commissioner Blalock, and carried 4-0 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 9:15 pm and to permit the following individuals to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Economic Development Director, Stuart Gilbert and IT Director, Gary Latta. A motion was made by Commissioner Puryear, and carried 4-0 to return to open session at 9:28 pm. CLOSED SESSION #4: A motion was made by Commissioner Newell, and carried 4-0 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 9:29 pm and to permit the following individuals 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 Blalock, and carried 4-0 to return to open session at 9:49 pm. A motion was made by Commissioner Puryear, and carried 4-0 to schedule a public hearing at the Board’s next meeting, May 20, 2013 related to Project P90X financial incentives. May 6, 2013 32 ADJOURNMENT: A motion was made by Commissioner Puryear, and carried 4-0 to adjourn the meeting at 9:52 pm. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman