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April 2 April 2, 2012 1 PERSON COUNTY BOARD OF COMMISSIONERS APRIL 2, 2012 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 Samuel R. Kennington Frances P. Blalock The Board of Commissioners for the County of Person, North Carolina, met in recessed session on Monday, April 2, 2012 at 1:00 pm in the Commissioners’ meeting room in the Person County Office Building as a Board of Equalization and Review. Chairman Clayton and Commissioners Jeffers, Blalock and Kennington were present. Vice Chairman Puryear was absent. RECESS: A motion was made by Chairman Clayton, seconded by Commissioner Blalock, and carried 4-0 to recess the Board of Equalization and Review meeting at 3:25 pm until April 16, 2012 at which time the Board of Equalization and Review will reconvene at the conclusion of the Board of Commissioners 9:00 a.m. meeting. RECESS: A motion was made by Chairman Clayton, seconded by Commissioner Jeffers, and carried 4-0 to recess the Board of Commissioners meeting at 3:25 pm until 7:00 pm for a regular scheduled meeting that will be held in the County Auditorium. Chairman Clayton called the 7:00 pm meeting to order at 7:06 pm, led invocation and asked Commissioner Kennington to lead the Pledge of Allegiance. All Board members were present for the 7:00 pm regular scheduled meeting. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear and carried 5-0 to approve the agenda. INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: April 2, 2012 2 Chief District Court Judge Mark Galloway addressed the Board on the need to fund Drug Court through local funds to support the position that was eliminated in 2011 by the General Assembly. Judge Galloway explained to the Board the justifications to fund the Judicial District 9A drug treatment court which include a 100% success rate delivering healthy babies to pregnant addicted women in the program, 75% of the graduates go 5 years without new charges and the program sustains the national average of graduating 35% of those who enter the program. Judge Galloway noted his office has assumed the duties of the lost administrator position between team members and a part- time grant employee. Judge Galloway noted the grant expires in September which means without someone to do the intake, the program will collapse. Judge Galloway told the Board he anticipated needing $50,000 from Person County as well as stated his plans to seek funding from Caswell County who has substantially fewer participants at an amount less than the $50,000 needed for Person. APPROVAL OF MINUTES: A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to approve the minutes of March 12, 2012. OLD BUSINESS: PROPOSED FIRE SERVICES CONTRACT AMENDMENT BETWEEN PERSON COUNTY AND THE CITY OF ROXBORO: County Manager, Heidi York requested the Board to adopt the proposed Fire Services Contract Amendment noting in July 2010, Person County and the City of Roxboro revised and extended their Contract to Provide County Fire Protection Services. The 2010 contract was limited to a period of two years expiring July 1, 2012 due to the difficult economic conditions facing both governments. Ms. York stated the proposed Amendment is for a two-year period and allows the Contract to remain continuous with an automatic renewal every two years with the funding amount to be adjusted every two years by 2% to help account for rising fuel costs, inflation, etc. In addition, the County has eliminated the Fire Marshal position and the City has agreed to provide fire investigations for the County. Ms. York stated there is an additional cost of $500 per month for the fire investigations service, bringing the County’s total cost to $366,631 for the next two fiscal years noting the county and city managers have analyzed the call volume, service levels, staffing and overall responses in constructing the proposed Amendment. Ms. York confirmed for the Board that the Contract Amendment allows for the option for both parties to make changes or to terminate with notice. Ms. York stated Roxboro City Council would also be considering adoption of the same Contract Amendment at their next meeting. Ms. York told the group that a similar funding contract will be extended to the volunteer fire departments as well. April 2, 2012 3 A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0 to approve the Fire Services Contract amendment between Person County and the City of Roxboro. April 2, 2012 4 April 2, 2012 5 NEW BUSINESS: DRAINAGE EASEMENT FOR NC DEPT. OF TRANSPORTATION (DOT): General Services Director, Ray Foushee informed the Board that NC DOT has requested a drainage easement related to the Highway 501 Bypass Project. Specifically, the requested drainage easement is in front of the County owned School Bus Garage on Highway 49 North. The drainage easement only involves 0.009 acre around the drain pipe under the Bus Garage driveway (side-ditch), and gives DOT the right to enter and clean out the side-ditch/drain pipe whenever they deem necessary. Mr. Foushee stated the drainage easement is structured very similar to the right-of-way easement, for the same County property, that was presented and approved by the Board in October 2011. Mr. Foushee confirmed there would be no cost to Person County. Mr. Foushee stated the Board of Education has already considered and approved the proposed drainage easement and as before, the Board has the following available options for consideration: 1) Accept the DOT offer of $425 2) Negotiate for a better offer 3) Donate the $425 back to NCDOT as a good faith gesture toward the 501 Bypass Project, or 4) Accept the offer for $425 and share the proceeds with the Board of Education. Mr. Foushee noted NC DOT has also requested an Agreement for Entry which provides access to the property while the drainage easement is being formalized. Mr. Foushee informed the Board of a correction related to Board action for the right-of-way easement in October 2011 accepting the NC DOT offer of $10,500. As a matter of correction, Mr. Foushee announced the official offer was $10,550 noting the mistake was a misprint on the part of NC DOT. Mr. Foushee requested Board to approve each the Drainage Easement and accept the $425 offer, the Agreement for Entry as well as acknowledge the corrected offer of 10,550 for the purchase of the right-of-way in front of the county owned School Bus Garage on Highway 49 North. Commissioner Jeffers asked Mr. Foushee to briefly explain the Bypass Project for the audience. Mr. Foushee stated the Highway 501 Bypass project has been in process for several years and will basically continue the four-lane from the Boulevard up Virgilina Road, Highway 49 merging back into 501 near the old C&A Elm Plant (site of Force Protection). A motion was made by Vice Chairman Puryear, seconded by Commissioner Blalock, and carried 5-0 to accept the offer from NC Department of Transportation to Person County in the amount of $425 for a permanent drainage easement containing 0.009 acre in front of the county owned School Bus Garage on Highway 49 North as presented. April 2, 2012 6 Commission Kennington suggested an amended motion to include donating the $425 back to the NC DOT as a good faith gesture toward the 501 Bypass Project, however there was no second to his motion. Vice Chairman Puryear suggested an amended motion to include accepting the offer for $425 with the proceeds going to the Board of Education, however there was no second to his motion. As a point of clarification, County Manager, Heidi York told the group that the action by the Board in October 2011 accepted the offer of $10,500 and allocated to the General Fund to be used for non profit purposes. Commissioner Blalock voiced her agreement for the $425 to be allocated for non profit purposes as was done with the $10,500. Vice Chairman Puryear suggested, and the Board agreed, to make the motions requested by Mr. Foushee with further discussion following related to the $425 allocation. A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear, and carried 5-0 to approve the Agreement for Entry for NC Department of Transportation’s immediate access to the property containing said permanent drainage easement. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to acknowledge the corrected offer of $10,550 from the NC Department of Transportation for the purchase of the right-of-way in front of the county owned School Bus Garage on Highway 49 North ($10,500 was a misprint on the part of NC DOT in October 2011 when in fact the offer should have read $10,550). A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to further discuss the allocation of the $425. Commissioner Jeffers stated it was the consensus of the Board at its Annual Retreat to only fund the non-profits that were funded in the current budget year and advocated for the good faith gesture toward the 501 Bypass Project. A motion was made by Commissioner Jeffers, seconded by Commissioner Kennington, to donate the $425 back to NC DOT as a good faith gesture toward the 501 Bypass Project. The motion died for lack of majority. Commissioners Jeffers and Kennington voted in favor of the motion. Chairman Clayton, Vice Chairman Puryear and Commissioner Blalock voted in opposition to the motion. Chairman Clayton stated the $425 would be allocated to the General Fund. April 2, 2012 7 April 2, 2012 8 April 2, 2012 9 April 2, 2012 10 April 2, 2012 11 April 2, 2012 12 April 2, 2012 13 April 2, 2012 14 April 2, 2012 15 April 2, 2012 16 RELOCATION OF PERSON AREA TRANSPORTATION SYSTEM (PATS) DEPT: Transportation Manager, Kathy Adcock and General Services Director, Ray Foushee requested the Board to approve the relocation plan for the PATS Department effective 7/1/12. Ms. Adcock and Mr. Foushee presented the plan to relocate from the County Office Building to the Roxboro Square Shopping Center (near the Human Services Building). Some reasons that promote the proposed move are: 1) Office area located within sight of bus parking lot 2) Easily accessible (street level, wheel chair access) 3) Provides rest area for drivers when not working 4) Provides training area for drivers 5) Provides adequate room for new radio system and camera system 6) Supported significantly by NCDOT 7) Provides enhanced advertisement potential 8) DOT grants cover 90% of associated costs 9) Room to grow or expand Ms. Adcock and Mr. Foushee proposed a 5 year lease with Brixmor (same lesser as Human Services Building) illustrating the cost structure on the below chart. Ms. Adcock noted the space was formerly occupied by Fuller’s Tae Kwon Do and is located near the Mayflower Restaurant. The utilities are all electric. The costs for this lease are covered in the NC DOT grant program at 90% with a 10% local share. The lesser (Brixmor) offered to provide a one time allowance of up to $10,500 to up-fit the area to county specifications. Cost Associated with PATS Move to Roxboro Square Shopping Center Year 1 Year 2 Year 3 Year 4 Year 5 5 Year Total Annual Lease 20,748.00 21,180.00 21,612.00 22,068.00 22,536.00 108,144.00 Annual Utilites 3,600.00 3,600.00 3,600.00 3,600.00 3,600.00 18,000.00 Annual Supplies 1,200.00 1,200.00 1,200.00 1,200.00 1,200.00 6,000.00 IT Cost (one time) 7,500.00 7,500.00 Furniture (one time) 2,000.00 2,000.00 Total Costs 35,048.00 25,980.00 26,412.00 26,868.00 27,336.00 141,644.00 County Cost (10%) Annual 3,505.00 2,598.00 2,641.00 2,687.00 2,734.00 14,164.00 County Cost Monthly 292.08 216.5 220.08 223.92 227.83 April 2, 2012 17 Commissioner Kennington asked Ms. Adcock and Mr. Foushee if the contract has been negotiated. Mr. Foushee confirmed there was no negotiation. Commissioner Kennington stated his support for a negotiated contract as the county is a major tenant currently paying $1.2 million annually in rent as well as questioned the status of the space needs assessment. Commissioner Jeffers advocated for NC DOT willingness to donate 90% toward the proposed relocation noting his support of the proposed relocation. County Manager, Heidi York and Mr. Foushee told the Board of their plans to negotiate the contract however wanted only to pursue negotiation if the Board was in favor of the project. It was the consensus of the Board to bring back this item for consideration at the Board’s April 16, 2012 meeting to allow more time for a negotiated contract. BOARDS AND COMMITTEES APPOINTMENTS: Clerk to the Board, Brenda Reaves requested the Board’s consideration to remove individuals from the Adult Care Home Community Advisory Committee as well as the Nursing Home Advisory Committee per the memorandum dated March 16, 2012 from Kimberly Hawkins, Regional Ombudsman for Kerr Tar Regional Council of Governments. Applications were also presented that resulted of interest through the long term care ombudsman program and not a result of an advertisement in the paper. - Adult Care Home Community Advisory Committee Remove per Members Request: 1) Judy Gentry & 2) Nancy Cates Consider Board nomination for appointment to fill the two vacancies created by the resignations for an initial one-year term (to 6/30/13): 1) Lydia Royster, 2) Cornelia Jay & 3) Dorothy Outlaw - Nursing Home Advisory Committee Remove per Member Request: 1) Nancy Cates Consider Board nomination for appointment to fill the one vacancy created by the resignation for an initial one-year term (to 6/30/13): 1) Cornelia Jay & 2) Dorothy Outlaw April 2, 2012 18 A motion was made by Chairman Clayton, seconded by Commissioner Kennington, and carried 5-0 to remove both Judy Gentry and Nancy Cates from the Adult Care Home Community Advisory Committee membership as well as remove Nancy Cates from the membership of the Nursing Home Advisory Committee and to appoint Lydia Royster, and Cornelia Jay to the Adult Care Home Community Advisory Committee for a term to June 30, 2013 and Dorothy Outlaw to the Nursing Home Advisory Committee for a term to June 30, 2013. NC ASSOCIATION OF COUNTY COMMISSIONERS’ KEY LEGISLATIVE ISSUES FOR THE 2012 SHORT SESSION: Chairman Clayton led the group in discussion related to the NC Association of County Commissioners (NCACC) three key issues for counties for the 2012 Short Session which begins on May 16. The Legislative Goals Committee notes the importance for counties to focus on the following three key issues: 1. State Budget: Increase County Lottery Funds and Restore Mental Health Funding 2. Allow Human Services Administrative Flexibility 3. Authorize County Broadband Public/Private Partnerships NCACC will bring the results of county discussions with legislators to upcoming NCACC District Meetings in April. There will be a NCACC District Meeting in Person County on April 24, 2012 at Piedmont Community College in the room S-100 from 5:30 – 8:00 pm with dinner included. There is no fee to attend, however registration is required for meal purposes. Commissioner Jeffers encouraged all Board members to attend the Person County District Meeting as well as the upcoming County Assembly Day. April 2, 2012 19 REQUEST FOR 3-YEAR RENEWAL OF AUDIT CONTRACT FOR FISCAL YEARS 2012-2014: Finance Director, Amy Wehrenberg told the Board that Mr. James Winston of Winston, Williams, Creech, Evans & Company, LLP (Oxford, NC), has proposed to perform audit services for Person County for a three-year term representing fiscal years ending June 30, 2012 through June 30, 2014. Given the auditor’s highly competitive bid estimates, Ms. Wehrenberg requested the Board’s consideration for renewal of the contract noting the current year is the third year that the auditor has held his cost estimate flat for Person County as shown in the first year of this contract. Ms. Wehrenberg stated there are very few audit firms that are licensed to provide these services in North Carolina and this firm is, in fact, the closest in proximity to Person County compared to other known firms. Ms. Wehrenberg stated there are currently no audit firms in Person County that are certified to perform these services. Audit Proposal for Person County: Fiscal Year 2011-2012: $43,300 Fiscal Year 2012-2013: $44,600 Fiscal Year 2013-2014: $45,937 Fiscal Year 2010-2011 Comparison: Person County's Audit Contract: $43,300 County population group (avg.): $45,161 All counties, statewide (avg.): $51,800 A motion was made by Commissioner Kennington, seconded by Vice Chairman Puryear, and carried 5-0 to approve Winston, Williams, Creech, Evans & Company, LLP’s proposal for a three-year contract renewal for Person County’s audit services for fiscal years ending June 30, 2012 through June 30, 2014. April 2, 2012 20 April 2, 2012 21 April 2, 2012 22 BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Commissioner Blalock, and a second by Vice Chairman Puryear 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 2nd day of April 2012, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 16,041 Human Services 11,050 Transportation 19,246 Economic & Physical Development 5,363 Person Industries/MRF Fund 3,067 REVENUES General Fund Intergovernmental Revenues 31,796 Charges for Services 12,761 Other Revenues 7,143 Person Industries/MRF Fund Intergovernmental Revenues 3,067 Explanation: Appropriating Concealed Weapons revenue in the Sheriff's department ($11,290); Jail Concessions & Medical reimbursement for costs incurred in the Detention Center ($1,023); Rural Operating Assistance Program funds received for the Senior Center ($6,800), PATS ($19,246) and Social Services ($4,250); revenue received for the sale of inmate telephone cards ($3,280); Rabies Vaccination fees to cover costs in Animal Control ($448); appropriating Farmer's Market Grant proceeds and donations for expenses in Cooperative Extension ($5,363); and received Electronics Management Program Tax for costs in Person Industries/MRF Fund ($3,067). April 2, 2012 23 CHAIRMAN’S REPORT: Chairman Clayton reported the following: • April 3, 2012 at 5:30 pm Arts Council event at the Kirby • April 5, 2012 Public Health Breakfast • April 5, 2012 Stormwater meeting • Effective April 2, 2012, Orange, Person, Chatham Mental Health no longer exists and is now a part of PBH MANAGER’S REPORT: County Manager, Heidi York reported the following: • Health Department was awarded a grant in the amount of $3,100 to establish a community garden noting the plan to work with Parks & Recreation to hopefully have the garden at the Green Space adjacent to the County Office Building. A committee will be set up for this project and with plans to include the Girl Scouts as well. The garden will consist of four 4x8 raised bed plots to grow produce to donate to the Christian Help Center, Earl Bradsher Preschool and home day care centers. An additional $750 is also expected for next fiscal year. An opening ceremony would also be planned. Ms. York asked the Board of their consensus for this project to go forward. All Board members nodded approval for the project. • Announced the scheduled joint meeting with the Board of Education on April 16, 2012 at 6:00 pm in the County Auditorium. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington stated he, Chairman Clayton and Vice Chairman Puryear attended Morgan Long’s Girl Scout award ceremony on April 1, 2012 at Mayo Park noting Ms. Long is the sixth Person County recipient in the last 100 years to attain Girl Scouting’s highest award. Commissioner Kennington congratulated the Long family noting Ms. Long’s two brothers were both Eagle Scouts. Commissioner Kennington asked the Arts, Parks & Recreation Director, John Hill to explain the fishing program that Ms. Long started as her gold award project. Mr. Hill stated the fishing program is called MoLo Fishing for residents with special needs. Mr. Hill named many projects that have been completed through cooperation of the Girls and Boy Scouts of Person County. Vice Chairman Puryear thanked Mr. Hill for the cooperative coordination the Park & Recreation Department has given to the many scouting projects and requested the same coordination in the future. April 2, 2012 24 Commissioner Blalock noted the wonderful event held for the Vietnam Veterans and thanked the Rotary Club and any county efforts toward making the trip successful. Commissioner Jeffers stated his regret for not attending Ms. Long’s award ceremony noting he and Mayor Newell attended Reformation Christian Center on April 1, 2012 (recently located into the old Sears building beside Golden Corral) noting the church will offer community programs. Commissioner Jeffers stated he was asked to serve on the SEDS Committee for the COG but their meeting dates will conflict with his DSS committee meetings. Chairman Clayton noted he could attend, however, if anyone wanted to represent Person County to let him know. Commissioner Jeffers requested staff to provide Board members with a list of available shelters in Person County. Vice Chairman Puryear extended congratulations to Morgan Long and her family as well as thanked those who attended the recent Jaycees event awarding the Distinguished Service Awards noting Brett Carver received the Community Service Award. Vice Chairman Puryear also thanked those who attended the Mayor’s Prayer Breakfast at Long Memorial. Chairman Clayton recognized Rotary Club member, Tim Chandler in the audience for the great trip for the veterans on March 31, 2012 noting the veterans were very appreciative of the recognition. ADJOURNMENT: A motion was made by Vice Chairman Puryear, seconded by Commissioner Kennington, and carried 5-0 to adjourn the meeting at 8:16 p.m. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman