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June 18 June 18, 2012 1 PERSON COUNTY BOARD OF COMMISSIONERS JUNE 18, 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, June 18, 2012 at 9:00 a.m. in the Commissioners’ meeting room in the Person County Office Building. Chairman Clayton called the meeting to order, led invocation and asked Commissioner Kennington to lead the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Clayton stated the need to add a Closed Session to the agenda for the purpose of consulting with the county attorney on a legal issue. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear and carried 5-0 to add a Closed Session to the agenda and approve the agenda as adjusted. PUBLIC HEARING: PROPOSED FISCAL YEAR 2013 RURAL OPERATING ASSISTANCE PROGRAM (ROAP) APPLICATION: A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers and carried 5-0 to open the duly advertised Public Hearing for the proposed Fiscal Year 2013 Rural Operating Assistance Program Application. Person Area Transportation System Manager, Kathy Adcock told the Board the Fiscal Year 2013 Rural Operating Assistance Program (ROAP) Application is due to be submitted to the NC Department of Transportation no later than June 29, 2012. Ms. Aycock stated the Person Area Transportation System (PATS) is requesting ROAP funding in the amount of $142,801.00 for programs to assist with the operation of PATS for a lower trip rate for approved riders. The Rural Operating Assistance Program (ROAP) is state-funded and formula based, administered by the NC Department of Transportation to provide funding for the operating cost of passenger trips and other transportation services for counties within the State. The programs included in the Rural Operating Assistance Program application are: June 18, 2012 2 1. Elderly & Disabled Transportation Assistance (EDTAP) Program provides operating assistance for the public transportation of elderly and disabled citizens. 2. Employment Transportation Assistance Program provides operating assistance for the public transportation of persons with employment related transportation needs. 3. Rural General Public (RGP) Program provides operating assistance for the public transportation of persons living in non-urban areas of the county. The period of performance for Rural Operating Assistance Program funds is July 1, 2012 through June 30, 2013. The FY2013 individual program totals are: PROGRAM TOTAL EDTAP $58,294 EMPL $16,994 RGP $67,513 TOTAL $142,801 Ms. Aycock requested the Board to approve the submission of the Fiscal Year 2013 ROAP application to NC DOT as outlined in the Certified Statement. There were no individuals appearing before the Board to speak in favor or in opposition to the proposed Fiscal Year 2013 Rural Operating Assistance Program Application. A motion was made by Commissioner Blalock, seconded by Commissioner Jeffers and carried 5-0 to close the Public Hearing for the proposed Fiscal Year 2013 Rural Operating Assistance Program Application. CONSIDERATION TO GRANT OR DENY APPROVAL TO SUBMIT FISCAL YEAR 2013 ROAP APPLICATION TO NC DOT: A motion was made by Commissioner Jeffers, seconded by Commissioner Kennington and carried 5-0 to approve the proposed Fiscal Year 2013 Rural Operating Assistance Program Application and Certified Statement as presented. June 18, 2012 3 June 18, 2012 4 June 18, 2012 5 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Kenny Rickman of 3936 Allensville Road, Roxboro thanked Commissioner Kennington for his service, requested the Board to issue a non-binding resolution for the Board of Education to use the increase of local funds towards the 2% supplement for teachers as well as requested the Board to revisit the junk car ordinance. Ms. Susie Dunn and husband, Mr. Burley Dunn of 686 Noah Davis Road, Roxboro stated their concerns related to their neighbor, Macbeth, keeping goats in her yard for pets noting the goats get out of the fence and become a nuisance as well as told the group the Animal Shelter was not cooperating and feared a health problem would result if allowed to continue. Mr. Brad Morris and wife, Ms. Penny Morris of 721 Noah Davis Road, Roxboro were present to voice concerns related to their neighbor, Macbeth, related to her goats noting he would be taking legal action. Mr. Morris stated Animal Control was contacted twelve times and they responded to the site two times. County Attorney, Ron Aycock informed the Board and the group that the Director of Animal Control had signed a complaint for a warrant. A warrant has been issued for the violation of the county ordinance with a scheduled court date of July 17, 2012. APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried to approve the minutes of May 21, 2012, May 23, 2012, May 29, 2012, June 4, 2012, June 5, 2012 and June 7, 2012. OLD BUSINESS: REVIEW TABLED MOTION FOR A MORATORIUM ON THE ENFORCEMENT OF THE FALLS WATERSHED STORMWATER ORDINANCE FOR NEW DEVELOPMENT UNTIL THE BOARD CAN OBTAIN FURTHER INFORMATION FROM RALEIGH (STATE OF NC) SUBJECT TO THE COUNTY ATTORNEY’S LEGAL OPINION: County Attorney, Ron Aycock reminded the Board that at its June 4, 2012 meeting, the Person County Board of Commissioners adopted the amendments to the Person County Zoning Ordinance mandated by the state related to the Falls watershed rules. After adoption of that amendment, a motion was made by Commissioner Kennington, seconded by Vice Chairman Puryear for a moratorium on the enforcement of the Falls Watershed Stormwater Ordinance for New Development until the Board can obtain further information from Raleigh (State of NC). On June 4, 2012 Mr. Aycock requested the Board to allow him time to research to give the Board a definitive opinion on what the affect of the passage of the motion on the floor would have. This request by Mr. Aycock resulted in the June 4, 2012 motion by Commissioner Kennington, June 18, 2012 6 seconded by Commissioner Blalock and carried 3-2 to table the motion on the floor (consideration for a moratorium on the enforcement of the Falls Watershed Stormwater Ordinance for New Development) until June 18, 2012 at which time to receive the County Attorney’s legal opinion. Chairman Clayton and Commissioner Jeffers cast the dissenting votes. Mr. Aycock presented the Board his legal opinion concluding that enactment of a moratorium on the enforcement of the required Falls Watershed zoning ordinance would subject the County and individual commissioners to enforcement action including an injunction as well as civil and criminal penalties. A motion was made by Commissioner Kennington, seconded by Commissioner Blalock and carried 5-0 to recommend removal of the tabled motion from the floor. County Manager, Heidi York confirmed for the Board that there were no further updates from Representative Wilkins on the issue. Chairman Clayton commented educational meetings were in the process of being set up for Person County, Roxboro, Creedmoor, Stem, Durham, Hillsborough, and Raleigh’s zoning personnel related to enforcement of the new ordinance. Chairman Clayton added an educational meeting for the public is also being planned. A motion was made by Commissioner Kennington, seconded by Commissioner Blalock and carried 5-0 for the County Attorney to prepare a Proclamation expressing Person County’s disgust having the stormwater rules thrust upon the county and to send to all applicable people, i.e. Senators, House of Representative members, agencies, and the Governor. SECOND READING OF THE ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY FOR PERSON COUNTY: County Attorney, Ron Aycock reminded the Board that at its June 4, 2012 Board meeting, the Board was present with the first reading of the Ordinance Establishing a Stormwater Management Utility or Person County noting a motion was made by Commissioner Jeffers, seconded by Commissioner Blalock and carried 3-2 to adopt an Ordinance Establishing a Stormwater Management Utility. Vice Chairman Puryear and Commissioner Kennington cast the dissenting votes. The second reading of the Ordinance Establishing a Stormwater Management Utility without any fees would take place at the Board’s next regular scheduled meeting which is scheduled for June 18, 2012. A motion was made by Commissioner Jeffers, seconded by Chairman Clayton and carried 5-0 to adopt an Ordinance Establishing a Stormwater Management Utility. County Manager, Heidi York confirmed there would be no fees assessed by the citizens for services related to the stormwater rules with an option to revisit after one year. June 18, 2012 7 June 18, 2012 8 June 18, 2012 9 June 18, 2012 10 June 18, 2012 11 June 18, 2012 12 June 18, 2012 13 June 18, 2012 14 RESOLUTION REQUESTING THE NC GENERAL ASSEMBLY’S ASSISTANCE TO PERSON COUNTY FOR THE PROMOTION OF BROADBAND INTERNET IN UNSERVED AREAS: Vice Chairman Puryear presented a Resolution Requesting the NC General Assembly’s Assistance to Person County for the Promotion of Broadband Internet in Unserved Areas for Board consideration to formally request the General Assembly to introduce a bill for Person County similar to the House Bill 593 passed in 2011 to authorize Nash County to provide grants to promote broadband services in unserved areas for economic development in the county. Vice Chairman Puryear stated he would like the Board members to support to adopt and send to Representative Wilkins to introduce as a local bill for approval by the General Assembly. Vice Chairman Puryear noted this would give Person County an option. Commissioner Jeffers requested also for the Resolution to be sent to the NC Association of County Commissioners. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers and carried 5-0 to adopt the Resolution Requesting the NC General Assembly’s Assistance to Person County for the Promotion of Broadband Internet in Unserved Areas. June 18, 2012 15 June 18, 2012 16 NEW BUSINESS: JOINT RESOLUTION APPROVING THE DISSOLUTION OF ORANGE PERSON CHATHAM MENTAL HEALTH, DEVELOPMENTAL DISABILITY AND SUBSTANCE ABUSE AUTHORITY AND ESTABLISHMENT OF AN AREA AUTHORITY FOR THE NEW FIFTEEN COUNTY CATCHMENT AREA: Orange Person Chatham (OPC) Mental Health, Developmental Disability and Substance Abuse Authority Area Director, Judy Truitt reminded the Board that on June 23, 2011 House Bill 916, 2011 N.C. Session Laws 264, was enacted by the North Carolina General Assembly, which required both implementation of a statewide 1915(b)(c) Medicaid waiver for the public mental health system, as well as consolidation of existing area authorities based on total population. In the late spring of 2011 OPC’s Area Board, as well as the Boards of County Commissioners in Orange, Person & Chatham Counties, voted to move forward in negotiations with PBH, the area authority serving Cabarrus, Davidson, Rowan, Stanly and Union Counties. Since that time Alamance, Caswell, Franklin, Granville, Warren, Vance & Halifax counties have joined with PBH. Ms. Truitt noted on March 12, 2012 the Person County Board of County Commissioners approved the Joint Resolution of the Boards of County Commissioners of Alamance, Cabarrus, Caswell, Chatham, Davidson, Franklin, Granville, Halifax, Orange, Person, Rowan, Stanly, Union, Vance and Warren Counties, which created a new area authority known as Cardinal Innovations Healthcare Solutions, with a total covered population of 1,442,899. Ms. Truitt further noted that on April 1, 2012 the Medicaid waiver was opened in Orange, Person and Chatham counties and a local community operations center was established. The community operations center has responsibility for managing local provider relations, consumer affairs, community relations, housing, system of care, quality management, and care coordination for all age and disabilities. The corporate offices in Kannapolis will manage screening, triage & referral, claims processing, financial management, human resources, information systems, and specialty operations support. Community operation centers will operate under their existing name, i.e. Orange, Person and Chatham counties will be known as the OPC Community Operations Center. June 18, 2012 17 Ms. Truitt stated that on June 11, 2012 the OPC Area Board held a public hearing regarding the dissolution of Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority noting OPC believes that this model is strong and will create the greatest opportunity for successful implementation of a managed behavioral healthcare system for our three counties. The OPC Area Board requests that the Person County Board of Commissioners approve the resolution to dissolve Orange, Person, Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority and establish an area authority for the new fifteen county catchment area. Ms. Truitt explained the structure of the newly developed governance board and the local oversight board. Chairman Clayton thanked Ms. Truitt and recognized board member, Amanda Blanks in the audience noting they, as well as Bill Gentry and Carol Mitchell, have represented Person County well during the transition. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear and carried 5-0 to approve the Joint Resolution Approving the Dissolution of Orange Person Chatham Mental Health, Developmental Disability and Substance Abuse Authority and Establishment of an Area Authority for the New Catchment Area. June 18, 2012 18 June 18, 2012 19 June 18, 2012 20 June 18, 2012 21 June 18, 2012 22 INTERLOCAL AGREEMENT FOR THE JOINT OPERATION OF A STORMWATER MANAGEMENT PROGRAM: County Attorney, Ron Aycock presented the Board with the proposed interlocal agreement known as “Granville-Person Stormwater Services” which provides for the joint operations of most of the services required under the new Falls Lake Stormwater Regulations. The major services will be performed by a Stormwater Utility Services Manager, who will be employed by Granville County. Section 1(a) describes the duties of that Services Manager. Illustrative duties include: • Coordinating and/or performing plan review, BMP maintenance monitoring and inspection and other functions on behalf of the Participating Jurisdictions to the extent desired by each jurisdiction. • Identifying stormwater needs that are beyond the existing capabilities of the Participating Jurisdictions and assisting the Participating Jurisdictions in meeting those needs, individually or collectively, in the most cost effective manner. • Staying abreast of water quality rules, regulations, and permit requirements affecting the Participating Jurisdictions. • Acting as an advocate for the Participating Jurisdictions in various settings including, but not limited to, Upper Neuse River Basin Association meetings so that the Participating Jurisdictions can have a larger voice through collective representation (this shall not imply that the Stormwater Utility Services Manager shall act as a Registered Lobbyist). • Inventorying and coordinating the resources of the Participating Jurisdictions to determine possibilities for contracting among jurisdictions for necessary personnel, equipment, and services. Mr. Aycock noted a major component of the agreement has to do with the relationship between Granville County and municipalities within Granville County, primarily involved with Granville County’s collection of fees. Mr. Aycock stated that since Person County has elected not to assess fees but to pay for the services from the General Fund, the Person County Tax office will have minimal involvement. Mr. Aycock confirmed that all of the provisions having to do with fees in the agreement will not be effective in Person County. Mr. Aycock noted it is still necessary to specify the entirety of the plan of organization in the interlocal agreement since the law requires the adoption of an identical agreement by all jurisdictions. Mr. Aycock further noted Person County expects to have substantial cost savings, estimated at 30% savings, as a result of the services that are shared. A motion was made by Commissioner Jeffers, seconded by Chairman Clayton and carried 5-0 to approve the Interlocal Agreement June 18, 2012 23 June 18, 2012 24 June 18, 2012 25 June 18, 2012 26 June 18, 2012 27 June 18, 2012 28 June 18, 2012 29 June 18, 2012 30 June 18, 2012 31 June 18, 2012 32 June 18, 2012 33 June 18, 2012 34 June 18, 2012 35 June 18, 2012 36 PERSON COUNTY AIRPORT LAND ACQUISITION: County Manager, Heidi York told the Board that several years ago the County applied for and received a $500,000 federal grant for the purchase of land, surrounding the County Airport to allow for airport expansion at some point in the future. Ms. York noted that due to the failing economy, this grant and any action regarding it was put on the back burner of priorities. However, with the grant expiring July 1, 2013, these funds had to either be spent or risk losing these funds. Ms. York stated the grant stipulates that the fair market appraised value must be offered, without allowance for negotiation of price. Ms. York stated that based on the recommendations of the County’s engineers, Talbert & Bright, and the Airport Commission, it is recommended that the County purchase two tracts of property near the airport. Tract 1 is owned by JES Properties and is made up of 14.68 acres. This property appraised at $77,100, but the recommended offer is $74,569, allowing a credit of $2,531 for the easement that the County will give JES Properties for the power line coming from the solar farm to the Progress Energy line. Tract 2 is owned by S. T. Wooten Corporation and is made up of 26.43 acres. This property was formerly used as an asphalt plant. A Phase 1 environmental study was done on the property and no evidence was found that supported any type of contamination. However, the Airport Commission felt it appropriate to pursue this matter further and require a Phase 2 environmental study. The Phase 2 study will test both soil and ground water samples and is scheduled to take place within the next couple of weeks. The appraised value of this property is $239,500 and the recommended offer is $239,500 pending that no concerns are found in the Phase 2 environmental study. Ms. York presented survey maps for each property as well as a cost summary for the expenditure of grant funds. Commissioner Kennington identified a discrepancy in the map related to the acreage in the JES Properties’ tract. General Services Director, Ray Foushee stated the discrepancy may be a result of initially reviewing partial property of the JES Properties’ tract for land acquisition and then the full tract was considered without the maps being updated. Ms. York stated she would send to the Board the final corrected maps related to the land acquisition. Ms. York asked the Board to receive the recommendation of the Airport Commission and approve the Offer to Purchase from JES Properties as well as the S. T. Wooten Corporation, pending an approved Phase 2 environmental study. A motion was made by Commissioner Kennington, seconded by Vice Chairman Puryear and carried 5-0 to accept the recommendation of the Airport Commission and approve the Offer to Purchase from JES Properties as well as the S. T. Wooten Corporation, pending an approved Phase 2 environmental study. June 18, 2012 37 DESIGNATE NACO VOTING DELEGATE: Chairman Clayton requested Board consideration to designate Commissioner Jeffers as Person County’s delegate as the Voting Credentials for the 2012 Annual Conference must be submitted by June 22, 2012 in order for Person County’s delegate to participate in the association’s annual election of officers and policy adoption. A motion was made by Chairman Clayton, seconded by Vice Chairman Puryear and carried 5-0 to designate Commissioner Jeffers as Person County’s voting delegate for the 2012 National Association of Counties (NACo) Annual Conference. FISCAL YEAR 2012-2013 ANNUAL BUDGET ORDINANCE: County Manager, Heidi York presented to the Board for adoption the Fiscal Year 2012-2013 Budget Ordinance for a total amended budget for $56,860,636. General Statute 159-13(a) directs that the annual budget must be adopted by July 1. The budget ordinance may be adopted at any regular or special meeting at which a quorum is present, by a majority of those present and voting and having fulfilled the legal requirements including the conducting of a public hearing. Commissioner Kennington requested the Expenditures item titled Addition of Contingency line for Board Member Expense be corrected to Mileage Reimbursement for Appointed Boards and Committees. Board members commended the County Manager, Finance Director and staff involved for preparing a budget reflecting the priorities of the Board. A motion was made by Commissioner Blalock, seconded by Chairman Clayton and carried 5-0 to adopt the Fiscal Year 2012-2013 Budget Ordinance. June 18, 2012 38 June 18, 2012 39 June 18, 2012 40 June 18, 2012 41 June 18, 2012 42 June 18, 2012 43 June 18, 2012 44 June 18, 2012 45 June 18, 2012 46 June 18, 2012 47 June 18, 2012 48 June 18, 2012 49 June 18, 2012 50 June 18, 2012 51 June 18, 2012 52 June 18, 2012 53 BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Commissioner Kennington, and a second by Commissioner 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 18th day of June 2012, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 6,186 Human Services 17,529 Transfer to Other Funds 50,000 REVENUES General Fund Intergovernmental Revenues 67,529 Charges for Services 3,004 Other Revenues 3,182 EXPENDITURES PI Rehabilitation & MRF Fund Person Industries 10,653 MRF 5,000 REVENUES PI Rehabilitation & MRF Fund Other Revenues 15,653 EXPENDITURES E911-Emergency Telephone System Fund 64,000 REVENUES E911-Emergency Telephone System Fund Fund Balance Appropriation 64,000 Explanation: Appropriating additional Inmate Phone Card Commission revenues received for support of expenses in the Detention Center ($696); Concealed Weapons Fees received in the Sheriff's Department ($2,300); various revenues received associated with the Animal Control Department including Animal fees ($2,465), Rabies Vaccinations ($704) and an Animal Control donation ($21); amending the occupancy tax revenue for anticipated collections to transfer to the TDA ($50,000); program assistance funding in DSS ($17,529); sales ($14,090) and donations ($1,563) received at Person Industries and the Material Recycling Facility; and a fund balance appropriation ($64,000) representing half of the balance in the E911 Fund for one time public safety items recently approved by the N.C. E-911 Board regulations. June 18, 2012 54 CHAIRMAN’S REPORT: Chairman Clayton reported on the following: • A defibrillator that was on-site at the Mayo Educational Building and the fact that trained personnel was available saved the life of a county employee last week. • Highlighted the GKN expansion in the community • Commended the Chamber of Commerce on the recent ribbon cutting at Tractor Supply MANAGER’S REPORT: County Manager, Heidi York reported on the following: • Thanked the Board for the adopted budget • Introduced the newly hired Assistant County Manager, Sybil Tate • Introduced the Summer Intern, Will Brooks, an NC State graduate student • Noted the Economic Development Director interviews are scheduled for June 25, 2012 COMMISSIONER REPORT/COMMENTS: Commissioner Kennington had no comments. Commissioner Blalock welcomed Ms. Tate onboard, noted her pleasure that the budget was behind them and that the Economic Development Director would soon be in place as well as acknowledged her continuation to serve on the Senior Center Advisory Council. Commissioner Jeffers invited the group to attend a meeting with the Friends of the Senior Center on June 20, 2012 at 1:00 pm at the Senior Center as well as commended the media info-cast by Marcia O’Neil, Margaret McMann and Erin Ganey. Vice Chairman Puryear had no comments June 18, 2012 55 CLOSED SESSION: A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to enter Closed Session at 10:25 am, pursuant to General Statute 143-318.11(a)(3) for the purpose to consult with the county attorney with the County Manager, Clerk to the Board, Assistant County Manager and the Summer Intern to attend. Chairman Clayton announced a brief recess prior to the Closed Session. Chairman Clayton reconvened the Board at 10:30 am. A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear, and carried 5-0 to return to open session at 11:03 am. A motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 that the Board communicate with the Economic Development Commission (EDC) and the Person County Business Industrial Center (PCBIC) urging both boards to take the necessary action to preserve the rights of PCBIC and Person County to enforce the contract with Force Protection (now owned by General Dynamics). That contract requires a claw-back of the amount of incentives given Force Protection if standards set in the incentive contract are not met. The Board further urges PCBIC and EDC to take action in a timely manner so as not to lose the contractual rights it has under the Force Protection contract. That the Board also informs PCBIC and EDC it has set a meeting for consideration of this issue for Wednesday, June 20, 2012 at 7:00 pm. Chairman Clayton reminded the Board that following the recessed meeting on June 20, 2012, the Board will then again recess until 6:00 pm on July 2, 2012 to hold the informal interview process for the two boards selected by the Board (Person-Caswell Lake Authority and Piedmont Community College Board of Trustees). Clerk to the Board, Brenda Reaves, informed the Board there are two applicants each for the above named boards for the informal interview process noting one late application was received on June 15, 2012. It was the consensus of the Board to not consider the late application for the Person-Caswell Lake Authority. Ms. Reaves stated she would inform the applicant of such as well as schedule the four informal interviews for July 2, 2012. June 18, 2012 56 RECESS: A motion was made by Vice Chairman Puryear, seconded by Commissioner Blalock, and carried 5-0 to recess the meeting at 11:21 am until June 20, 2012 at 7:00 pm. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman