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BOC Minutes November 19 2012 November 19, 2012 1 PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 19, 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 regular session on Monday, November 19, 2012 at 9:00 am in the FEMA Room at the Human Services Building located at 355 S. Madison Boulevard, Roxboro. Chairman Clayton called the meeting to order, led invocation and asked Commissioner Kennington to lead the Pledge of Allegiance. RECOGNITION OF LOCAL GOVERNMENT DAY: Chairman Clayton welcomed the Person High School students enrolled in civics and economics participating in Local Government Day to observe the Board of County Commissioners in session. Chairman Clayton, Vice Chairman Puryear and Commissioners Jeffers, Blalock and Kennington proceeded to introduce themselves. The County Attorney, Ron Aycock; County Manager, Heidi York; Clerk to the Board, Brenda Reaves; IT staff, Gary Latta and Chris Puryear, and Commissioner Elect, David Newell, Sr., also gave an introduction to the group. Commissioner Jeffers told the group about an interactive, educational game about government called County Works on www.icivics.org. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Blalock, 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: Mr. Lacy Winstead of 279 Knolls of Hyco, Roxboro requested the Board to reconsider the action to spend almost $500,000 for a study at this time. Mr. Winstead stated the Board should not spend $500,000 on anything and it would not be in the best interest of the taxpayers of Person County. November 19, 2012 2 APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to approve the minutes of October 29, 2012 and November 5, 2012. TAX ADMINISTRATIVE REPORT: A motion was made by Commissioner Blalock, seconded by Commissioner Jeffers, and carried 5-0 to approve the Tax Administrative Report noting the Releases for the month of October, 2012. OLD BUSINESS: PERSON COUNTY NON-SMOKING ORDINANCE: Health Director, Janet Clayton reminded the Board of Commissioners of the Community Health Assessment completed last year with the top four leading causes of death in Person County are related to smoking, one of which is lung cancer. Ms. Clayton presented to the Board the proposed Person County Non-Smoking Ordinance revised to address Parks and Recreation grounds as directed during the Board’s November 5, 2012 meeting noting all other properties will be addressed by the Board of Commissioners on a case-by-case basis to be included as an appendix to the proposed ordinance. Ms. Clayton read and highlighted the revision under Section 2 (a) Smoking prohibited. No person shall smoke, carry or possess a lighted cigar, cigarette, pipe or other lighted smoking equipment or paraphernalia in any Person County buildings, in Person County vehicles or within 50 feet of any recreation, health, and wellness amenity. All other county properties will be regulated on an individual basis as determined by the Board of Commissioners. These properties will be included as an appendix to this Ordinance. Ms. Clayton noted Appendix A was placed at each Board member’s seat prior to the meeting. Ms. Clayton noted in Section 2 (c) Exception the authority is outlined under item (c) designated areas which are 50 feet from any recreation, health, and wellness amenity and are approved by the Person County Recreation Advisory Board. Ms. Clayton requested the Board: 1) To review the revised proposed Person County Non-Smoking Ordinance and to schedule a public hearing for community input if so desired, and 2) To determine a timeframe to address the remaining County facilities. Vice Chairman Puryear stated his support to address the designated areas at recreation facilities individually. November 19, 2012 3 Commissioner Jeffers stated support of the proposed ordinance as presented to give the authority to the Recreation Advisory Board to designate smoking areas 50 feet from the recreation amenity inside each park. Commissioner Jeffers recommended for the Board not to take action related to the county facilities listed in Appendix A unless the county department(s) request such of the Board. County Manager, Heidi York added the initial intention of the proposed ordinance was to cover all county properties. Commissioner Kennington noted his support to get the smokers away from the doorways and recommended the Board to address each facility and make a determination. Commissioner Blalock confirmed the Board of Health Rule from 2008 that the setback for the Human Services facility is 35 feet due to the retail neighbors with the Health Director. Commissioner Blalock suggested each facility manager recommend to the Board a designated area for smoking if warranted. County Attorney, Ron Aycock stated the Board has no legal requirement for a public hearing noting the Board certainly could hold a public hearing, if desired. Mr. Aycock further noted the Board could take final action without holding a public hearing. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to set a public hearing date to receive feedback from the general public on the Person County Non-Smoking Ordinance. It was the consensus of the group to schedule the public hearing date in January, 2013 with a definitive date scheduled upon the adoption of the 2013 Schedule of Meetings at the Board’s December 3, 2012 meeting. NEW BUSINESS: ORDINANCES RELATED TO REGULATING UNREGISTERED MOTOR VEHICLES, AUTOMOBILE GRAVEYARDS, AND JUNKYARDS: Commissioner Kennington noted he had a request from Mr. Kenny Rickman to address the Board of Commissioners related to the ordinances regulating unregistered motor vehicles, automobile graveyards, and junkyards. The Ordinance Requiring Unregistered Motor Vehicles to be Screened from Public View was last adopted January 18, 2011 and the Ordinance Regulating Automobile Graveyards and Junkyards was adopted September 21, 1987 with an amendment adopted on January 4, 1993 (a copy of both ordinances were included in the Board packet). Commissioner Kennington asked Mr. Rickman to share his comments with the Board. Mr. Rickman requested the Board to consider placing the authority for enforcement upon another department other than the Sheriff Department, to consider receiving complaints from citizens anonymously and to have separate ordinances for junk cars, junk yards and antique cars. Mr. Rickman spoke to the potential safety issues and economic impacts on the County by not enforcing the ordinances. November 19, 2012 4 Commissioner Kennington noted the reorganization of the Person Future’s Strategic Plan committees and stated his support of the Protect Our Land committee to review the ordinances and make recommendation to the Board of Commissioners. Commissioner Blalock noted support to take the authority from the Sheriff’s Department as well as to have a committee, i.e. Protect Our Land committee, survey the county in its entirety. Commissioner Jeffers asked the County Manager about enforcement noting his preference to address the issue of enforcement prior to changing the ordinance. County Manager, Heidi York noted when this topic was discussed previously; she had proposed a new position for an Enforcement Officer. Without the new position, Ms. York indicated the Planning Department may be a department that could possibly be tasked with enforcement. It was the consensus of the Board for the County Manager to review enforcement of the ordinances as well as consider receiving complaints anonymously. Ms. York stated she would meet with the Sheriff to further discuss noting her recommendation may not be any different from previous discussions to hire a part-time staff due to small staff resources available which prohibits the ability to enforce County ordinances. Commissioner Jeffers stated opposition to hiring a new staff for complaint based enforcement suggesting to model similar to the complaints received in the Planning Department. Commissioner Blalock asked Ms. York to follow up her review with the committee to assess the scope of the issue. TAXPAYER REQUEST FOR REFUND (TAX RECORD 17055): Tax Administrator, Russell Jones informed the Board that taxpayer Christopher & Christy Harris of 268 Cardens Cove, Timberlake appealed their tax value for 2012. After viewing the property, it was determined that the Tax Office had entered the measurements of the Harris’ home incorrectly and the Tax Office made the corrections as appropriate for the 2012 tax bill. Mr. Jones stated a written request from the taxpayer is required for consideration of a refund of the taxes that have been overpaid. On October 30, 2012, the taxpayer, Christopher & Christy Harris of 268 Cardens Cover, Timberlake submitted such request for a refund of the taxes that had been overpaid due to the Tax Office error. Mr. Jones stated the Tax Office reviewed the error and determined that the error was a clerical error on the part of the Tax Office noting General Statute 105-381(a)(1) allows for a refund of up to 5 years, if approved by the Board of County Commissioners. Mr. Jones further noted the error resulted in an overcharge of 814 sq. ft. and a value that was $63,483 overstated resulting in a tax overpayment of $444.38 annually. November 19, 2012 5 Mr. Jones requested Board approval of a refund in the amount of $2,221.90 ($444.38 x 5 years) for taxpayer, if appropriate. A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear, and carried 5-0 to approve a refund in the amount of $2,221.90 ($444.38 x 5 years) for taxpayer, Christopher & Christy Harris of 268 Cardens Cove, Timberlake. CONSIDERATION OF APPROVAL OF LATE EXEMPTION APPLICATIONS: Tax Administrator, Russell Jones told the Board that every year, the Tax Office receives applications for the Senior, Disabled, Veteran, and Circuit Breaker exemptions that fail to meet the June 1st deadline. In an effort to help inform the public of these exemptions, the Tax Office mailed information along with the listing forms to 6,000 citizens. Mr. Jones noted the Tax Office also developed brochures for all three exemption programs which made these programs easier to understand, and passed out over 500 copies. Mr. Jones stated Person County currently has 754 properties that are receiving benefit from these exemptions, which does not include the 11 applications that are submitted for Board consideration for approval. Mr. Jones stated the efforts made by the Tax Office resulted in 76 new applications, with 49 approved applications, 16 denied applications (12 were over the income limit, 2 were not 65 as of January 1st, 1 was not 100% disabled, and 1 did not own their home). The remaining 11 were received after the named deadline and deemed late applications. Mr. Jones noted the 11 late applications would have been approved if they had been submitted to the Tax Office by June 1st as the applications met all requirements, however due to the receiving after the deadline; the Tax Office was not eligible to approve. Mr. Jones stated the Board of Commissioners may approve late applications if they are received by December 31st. Mr. Jones highlighted a spreadsheet that outlines the tax impact and the reasons for the late applications noting he did not include the applications since they include social security numbers and income information. Mr. Jones recommended Board approval of the 11 applications before the Board for consideration. A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to approve the following 11 applications for tax exemptions: November 19, 2012 6 Taxpayer  Application  Type  Application  Date Reason for Late  Application Map Number  Blalock, Franklin & Joyce Elderly 7/31/2012 Did not know deadline A97 25A  Bradsher, Melba Elderly 6/11/2012 Did not know deadline 30 16  Cover, Dennis D Disabled 8/14/2012 Waiting on Doctor 66 48  Hubler, Fredrick D Veteran 6/7/2012 Waiting on VA A13 126  Kimball, Justice &  Christian Disabled 6/16/2012 Waiting on Doctor A72 212  Lindsey, Mary June Elderly 8/20/2012 Waiting on Accountant A64 538  McCrimmon, Charles W Jr Veteran 9/4/2012 Waiting on VA A73 96  Scoggins, Patricia F Elderly 6/20/2012 Lost in Mail A76 113  Stewart, Sharon K Disabled 8/10/2012 Waiting on Doctor 124 8  Taylor, Harvey & Linda Veteran 8/27/2012 Waiting on VA A99 1A 3  Wrenn, Joyce P Disabled 9/29/2012 Did not know deadline 51 34  UTILITY EASEMENT REQUESTED BY PROGRESS ENERGY: County Manager, Heidi York informed the Board that due to the planned 501 Bypass that will be constructed up NC49 North by the new School Bus Garage, the new 6 lane road will require that the utility lines are relocated onto and over Person County property. The utility lines will be relocated about 20 feet from their current position, which will place the new utility lines near the current fence, along the roadside. Larry King and the Board of Education have approved the relocation referenced on Exhibit A included in the Board packet. Ms. York stated that since the property is still owned by Person County, approval must also be provided by the Board of County Commissioners. Ms. York recommended the Board approve the easement requested by Progress Energy. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to approve the utility easement as requested by Progress Energy as presented. November 19, 2012 7 November 19, 2012 8 CHAIRMAN’S REPORT: Chairman Clayton explained to the group the Board’s processes in which Public Comments are received as well as the discussion by each of the Board members during each agenda item prior to action. Chairman Clayton noted his appreciation of Commissioner Kennington’s service to the county. MANAGER’S REPORT: County Manager, Heidi York reminded the Board that the next meeting scheduled for December 3, 2012 would begin at 6:30 pm noting it would be Commissioner Kennington’s last official meeting as well as the swearing-in ceremony for Chairman Clayton, Commissioner Jeffers and Commissioner Elect, David Newell, Sr. Ms. York announced a special joint session meeting for the Board of Commissioners, the Board of Health and the Social Services Board for a review of consolidation options for Human Services scheduled for December 10, 2012 at 5:00 pm in the FEMA room. November 19, 2012 9 COMMISSIONER REPORT/COMMENTS: Commissioner Kennington congratulated Chairman Clayton, Commissioner Jeffers and Commissioner Elect, David Newell, Sr. on their successful election, wishing each the best. Commissioner Blalock stated her appreciation of Commissioner Kennington’s service. Commissioner Blalock suggested to the students in the audience to attend County committees meetings noting a student is appointed to the Juvenile Crime Prevention Council as well as encouraged the students to review the Person Future’s Strategic Plan. Commissioner Jeffers congratulated Chairman Clayton and Commissioner Elect, David Newell, Sr. on their successful election as well as thanked the voters of Person County for re-electing him to a second term. Commissioner Jeffers stated his re-election will allow Person County to have representation as President of the State Association next year. Commissioner Jeffers told the youth in the audience of the Recreation and Senior Center project. Commissioner Jeffers thanked Commissioner Kennington for his service as an excellent commissioner. Vice Chairman Puryear thanked the students for attending the Board meeting as well as congratulated Chairman Clayton, Commissioner Jeffers and Commissioner Elect, David Newell, Sr. for their successful election and thanked Commissioner Kennington for his service. CLOSED SESSION: A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to enter Closed Session at 10:11am pursuant to General Statute 143-318.11(a)(6) for the purpose of the Evaluation of the County Manager to be held in the Home, Health & Hospice Conference Room with the County Manager, Clerk to the Board, County Attorney and Commissioner Elect, David Newell, Sr., permitted to attend. A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0 to enter a second Closed Session pursuant to General Statute 143-318.11(a)(5) for the purpose of considering and taking action with respect to the position to be taken by the County in negotiating the price or other material terms of an agreement for acquisition or lease of real property to be held in the Home, Health & Hospice Conference Room with the County Manager, Clerk to the Board, County Attorney and Commissioner Elect, David Newell, Sr., permitted to attend. Chairman Clayton announced a brief break prior to the Closed Sessions. November 19, 2012 10 Chairman Clayton called the first Closed Session to order at 10:20 am. A motion was made by Commissioner Blalock, seconded by Commissioner Kennington, and carried 5-0 to return to open session at 10:46 am. Chairman Clayton called the second Closed Session to order at 10:47 am. A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0 to return to open session at 10:55 am. ADJOURNMENT: A motion was made by Commissioner Blalock, seconded by Commissioner Jeffers, and carried 5-0 to adjourn the meeting at 10:55 am. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman