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February 21 February 21, 2011 1 PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 21, 2011 MEMBERS PRESENT OTHERS PRESENT Jimmy B. Clayton Heidi York, County Manager Kyle W. Puryear 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, February 21, 2011 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: Commissioner Kennington requested an item be added to the agenda for discussion related to the Recreational Cultural Arts Program. A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear and carried 5-0 to add an item to the agenda for discussion related to the Recreational Cultural Arts Program. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers and carried 5-0 to approve the agenda as adjusted. PUBLIC HEARING: PROPOSED 2012 COMMUNITY TRANSPORTATION PROGRAM APPLICATION: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear and carried 5-0 to open the duly advertised public hearing for the proposed 2012 Community Transportation Program Application. Transportation Manager, Kathy Adcock presented the proposed 2012 Community Transportation Program Application that has to be submitted to the North Carolina Department of Transportation no later than March 11, 2011. Ms. Adcock stated the Community Transportation Program provides assistance to coordinate existing transportation programs operating in Person County as well as provides transportation options and services for the communities within this service area. The services are currently provided using demand response, subscription and trip referrals and rendered by utilizing vans and light transit vehicles. Ms. Adcock noted the total estimated amount requested for the period July 1, 2011 through June 30, 2012 as outlined below: February 21, 2011 2 Project Total Amount Local Share Local Match Administrative (3 employees, office supplies, telephone, postage, advertisement, etc) $ 182,511 $ 27,377 (15%) Capital (Vehicles & Other) $ 64,500 $ 6,450 (10%) Operating (Small fixed- route, regional, and consolidated urban-rural systems only) $ 0 $ 0 *(50%) or more *Note: Small Fixed Route systems must contribute more than 50% TOTAL PROJECT $ 247,011 $ 33,827 Total Funding Request Total Local Share Ms. Adcock requested Board approval for Person County to submit the 2012 Community Transportation Program Application including the Community Transportation Program Resolution to the North Carolina Department of Transportation no later than March 11, 2011. Commissioner Kennington inquired about the distribution of surplus vehicle(s) proceeds. Ms. Adcock stated the State would be entitled to the proceeds however, she intended to request permission from the State to retain part or all of the proceeds for Person County. Ms. Adcock justified the request of one vehicle due to the existing mileage on a current vehicle noting the State would make determination and approval based on need and limitations set by the State on vehicle usage. Ms. Adcock stated the local match ($33,827) must be committed by the Board in order to be eligible for the total grant award ($247,011) otherwise Person County would lose the Community Transportation Program funding opportunity. No individuals appeared before the Board to speak in favor or in opposition to the proposed 2012 Community Transportation Program Application. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear and carried 5-0 to close the public hearing for the proposed 2012 Community Transportation Program Application. February 21, 2011 3 Ms. Adcock stated a minimum of $22,000 monthly average of fees is received and deposited into the General Fund. Commissioner Blalock requested PATS to submit a monthly report to the Board. Commissioner Blalock commended Ms. Adcock on her efforts to bring the PATS program into compliance. Commissioner Jeffers asked if the PATS program is available for weekend transports. Ms. Adcock stated the State does not allow weekend service. Ms. Adcock noted the State would allow PATS to participate in limited volunteer events, i.e. Relay for Life and Jaycees community events. Commissioner Kennington asked if this is the only local match funding for the county to allocate to the PATS program. Ms. Adcock stated the ROAP grant is also available requiring a local county match of 10% for transportation assistance for elderly and disabled citizens. Ms. Adcock estimated $16,000 county match of funding for eligibility to receive the ROAP grant. County Manager, Heidi York told the Board the PATS budget is viewed as 85% State and Federal funding, 15% Person County. Commissioner Blalock noted the total budget for PATS operating and administration at $807,000 and inquired of the local funding portion of both those budgets. Ms. Adcock explained the grants, fees received and local funding would be the means of both PATS budgets. Ms. Adcock stated 47,616 riders participated in the PATS program last year. Commissioner Kennington asked if there are any private taxi service providers in Person County. Ms. Adcock noted Burton and City Hall are named as taxi service providers in the PATS report to the State. Commissioner Puryear inquired of the number of employees in the PATS program. Ms. Adcock stated the PATS department has currently 12 full-time staff and 4 part-time staff. A motion was made by Commissioner Jeffers, seconded by Chairman Clayton, and carried 5-0 to approve the 2011-2012 Community Transportation Program Application including the Community Transportation Program Resolution to be submitted to the North Carolina Department of Transportation no later than March 11, 2011. February 21, 2011 4 February 21, 2011 5 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Ms. Phyllis Sutton of 72 Shannon Road, Timberlake, and President of AARP Chapter 1969 Person County, spoke on behalf of its membership of 45 advocating for a well planned senior center. Ms. Pat Hill of 916 Mann Oakley Road, Rougemont made the Board aware that the State of Virginia is considering lifting a 20-year ban on uranium mining. Ms. Hill stated uranium mining proponents are seeking to lift the ban in 2012 focusing on a site known as Cole Hill in Pennsylvania County. Ms. Hill noted this one project would generate up to 29 million tons of toxic waste and radio-active contamination through the extraction and processing of uranium which has been linked to leukemia, kidney disease and other health problems. Any leakage could contaminate waterways and wells. One indicator of uranium is the presence of radon, a gas that happens to be second leading cause of lung cancer. According to EPA, the average indoor radon levels are 1.3. Ms. Hill state the average indoor levels of radon in Person County is 1.7 with 9% of Person County exceeding the supposed safe level of 2. Ms. Hill stated her belief of uranium deposits within Person County. North Carolina is considering creating a study commission on uranium mining. Ms. Hill asked the Board to be proactive in setting a ban on uranium mining in Person County, or at the very least, a 10-year moratorium. Ms. Hill reported that EPCOR is transferring ash from their facility to the dump in eastern Person County in uncovered, unsealed trucks and requested the Board to hold EPCOR accountable for their waste practices. APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to approve the minutes of January 31, 2011and February 7, 2011. ADMINISTRATIVE REPORTS: A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear, and carried 5-0 to approve the Administrative Reports for the Airport, Detention Center, and Person Industries Annual Report. REQUEST TO APPROVE A FAMILY SUBDIVISION FOR NANNIE HAMLETT: Planning Director, Paula Murphy stated the Planning Board reviewed a Major Subdivision Concept Plan request for a family subdivision by the Trustees of the Nannie Irene Dixon Hamlett Irrevocable Trust located at Hyco Lake. Ms. Murphy told the Board a public hearing is not required to grant or deny a Major Subdivision Concept Plan. Ms. Murphy noted the mostly wooded parcel consists of 8.66 acres and 8 lots are proposed with individual well and septic systems with access to the site off Pinesborough Estate Road. The parcel is not located within a designated watershed or has a flood area on the property. Ms. Murphy stated a house and a single wide home are located on the proposed Lot 3 in which the single wide would be removed. Ms. Murphy further noted there is a 20 foot proposed access easement shown and it will need to have a county approved road name. Ms. Murphy stated family subdivision roads do not have any size requirements or road standards for construction. Ms. Murphy highlighted February 21, 2011 6 required language on the plat: “This is a family subdivision and road improvements are not required unless further subdivided. Access is over a private road right of way. A road maintenance agreement is not required and may not be available”. Ms. Murphy stated birth certificates will need to be presented to the Planning Department to verify that this qualifies as a family subdivision prior to final approval of the plat. Ms. Murphy stated the Planning Staff recommended, if approved, the following conditions be included: 1. Road names to be presented to the County for approval into the road system, 2. Birth Certificates for all involved to be presented to the County prior to signing of the final plat, 3. Single wide to be removed from Proposed Lot 3 prior to signing final plat, and 4. All other requirements of the Person County Subdivision Ordinance are met prior to submittal of the final plat. Ms. Murphy stated the Planning Board met on February 10, 2011, reviewed this family subdivision and recommended unanimously to approve with the recommended staff conditions. Commissioner Kennington asked Ms. Murphy if the heirs of such family subdivisions requesting approval are aware of the restrictions to a family subdivision should property be sold after a family subdivision is approved. Ms. Murphy stated a major subdivision requires six lots and applicants are informed of the restrictions. Ms. Murphy noted modifications to the ordinance have taken place to prevent selling property from a subdivision multiple times to the same family member whereby a family subdivision can be sold to one family member only once. Ms. Murphy further noted there is no enforcement if a family member does later sell outside the family. Commissioner Kennington requested the Planning Board to address a family subdivision when property is sold outside the family and no longer meets the standards for a family subdivision or other subdivisions. Ms. Murphy stated the Planning Board would place this item on their agenda. A motion was made by Vice Chairman Puryear, seconded by Chairman Clayton, and carried 5-0 to approve a family subdivision by the Trustees of the Nannie Irene Dixon Hamlett Irrevocable Trust located on Pinesborough Estate Road with the conditions recommended and presented by the Planning Director. BOARDS AND COMMITTEES: Clerk to the Board, Brenda Reaves presented the Board with interested citizen’s applications for consideration. Nursing Home & Adult Care Home Advisory Committees Ms. Nancy Cates reapplied for Board consideration for her seat on both the Nursing Home (currently 2 vacancies) and Adult Care Home (currently 3 vacancies) Advisory Committees. Reappointment to both committees is a 3-year term. A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear, and carried 5-0 to reappoint Nancy Cates for a 3-year term to both the Nursing Home and Adult Care Home Advisory Committees. February 21, 2011 7 Ms. Faye McGhee (previous member on the Region K Aging Advisory Council – no longer eligible due to term limits) submitted applications for Board consideration for both the Nursing Home and Adult Care Home Advisory Committees. Appointment would be an initial 1- year term for each. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to appoint Faye McGhee for an initial one-year term to both the Nursing Home and Adult Care Home Advisory Committees. Region K Aging Advisory Council Ms. Sylvia C. Buckner submitted an application for Board consideration for one of the vacancies on the Region K Aging Advisory Council. There are currently 3 vacancies with the following term limits:  Unexpired term to 12/31/11  Vacancy with term to 12/31/12  Vacancy with term to 12/31/13 A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to appoint Sylvia C. Buckner to the Region K Aging Advisory Council to fill the vacancy to the 12/31/13 term. Juvenile Crime Prevention Council (JCPC) Judge Mark Galloway reapplied for Board consideration his seat on JCPC representing Chief District Court Judge. Reappointment would be for a 2-year term. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to reappoint Judge Mark Galloway to JCPC for a 2-year term. Ms. Treco C. Lea submitted application for Board consideration for appointment to one of the citizen-at-large vacancies. Appointment would be for a 2-year term. A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to appoint Treco C. Lea to JCPC for a 2-year term. JCPC member, Margaret Bradsher, representing a member of the business community (term ending 6/30/12), requested her seat and term be transferred to one of the vacant citizen-at- large seats. Acting Chairperson of JCPC, David Carter accepted this request contingent upon the approval of the Board. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to approve moving JCPC member, Margaret Bradsher to represent as a citizen-at- large keeping the same appointment term. Chairman Clayton encouraged citizens to get involved with county boards and committees. February 21, 2011 8 REQUEST FOR RENEWAL OF AUDIT CONTRACT FOR 2011-2012: Finance Director, Amy Wehrenberg told the Board Mr. James Winston of Winston, Williams, Creech, Evans & Company, LLP located in Oxford, NC has proposed for Board consideration to perform audit services for Person County for fiscal year ending June 30, 2011 (FY10-11). Ms. Wehrenberg noted the looming budget constraints and the auditor’s willingness to contract for one year (versus three years) and hold the same cost level ($43,300); she requested the Board consider the renewal of the audit contract. Ms. Wehrenberg noted there are very few audit firms that are licensed to provide these services in North Carolina further noting this firm is, in fact, the closest in proximity to Person County compared to other known firms as well as there are currently no audit firms in Person County that are certified to perform these services. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to approve Winston, Williams, Creech, Evans & Company, LLP’s proposal for a one- year contract renewal for Person County’s audit services for fiscal year ending June 30, 2011 (FY10-11). BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Commissioner Jeffers, and a second by Commissioner Blalock and majority vote (5-0), the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 21st day of February 2011, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government (21,371) Public Safety 6,472 Transportation 5,315 Environmental Protection 750 Economic Development 40,905 Cultural & Recreational 900 Human Services 80,000 Transfer to Other Funds 1,929 Person Industries Special Revenue Fund 10,330 Reappraisal Special Revenue Fund 1,929 REVENUES General Fund Intergovernmental Revenues 114,000 Other Revenues 900 Person Industries Special Revenue Fund Intergovernmental Revenues 10,330 Reappraisal Special Revenue Fund Transfer from General Fund 1,929 Explanation: Appropriation of refund received from original vendor for the construction of the Farmer's Market to be applied to the new contracts entered into for completion of the structure ($34,000); transfer made from Human Resources to various departments for third and final February 21, 2011 9 phase of MAPS adjustments ($37,987); H1N1 grant awarded to the Health Department from the State that was a reallocation of funds not spent in the previous year ($80,000); donations received for the Library to be used for expenditures associated with the Children's programs ($900); and a grant received for Person County Recycling Center from the North Carolina Department of Natural Resources for the installation of a metering drum for $16,330 (of which $6,000 was already budgeted). FALLS LAKE RULES UPDATE: Chairman Clayton updated the group on the Falls Lake Rules noting Phase I relates to the storm water rules due to the unacceptable chlorophyll levels. The storm water rules will apply to Person County, Granville County, Durham County, City of Durham, City of Raleigh and Wake County on every lot, individually as well as commercial. Chairman Clayton stated the State has a model ordinance that can be found on a website (website information to be made available following meeting). Planning Director, Paula Murphy confirmed Person County has to submit its program by August with an ordinance completed in 2011. Chairman Clayton noted the costs associated with compliance are unknown at this time. There is 84,000 acres (2,000 acres located within the City of Roxboro) in Person County that fall within the Falls Lake watershed notably with the most impact in the southern part of Person County. Chairman Clayton noted a meeting is forthcoming with Mr. Jim Wrenn, Attorney retained to represent Person County’s interest re: implementation of the storm water rules with discussion about working on a regional basis. Chairman Clayton stated the handouts relate to Phase II that deals with the monitoring of nutrient levels in the lake. Chairman Clayton stated legislation was passed by the State to require the Division of Water Quality to make rules which allowed the creation of the Upper Neuse River Basin Association (UNRBA) to implement actual monitoring in the absence of real data with the models. Chairman Clayton stated Person County’s annual dues for the UNRBA would be doubling from $8,922 to $17,932 noting Durham and Raleigh are proportionally paying higher amounts as the dues are based on water usage. Chairman Clayton noted the Falls Lake Rules is an unfunded mandate passed to the counties. Commissioner Kennington thanked Chairman Clayton for keeping Person County interests at the table. Commissioner Kennington inquired if the City of Raleigh would be held to same rules and regulations as the other municipalities and counties affected. Chairman Clayton stated his understanding is that all entities will be bound by the same rules and regulations, although that may not be true in the past. Planning Director, Paula Murphy stated the rules may be stricter North of Highway 50. Commissioner Kennington spoke his opposition to the rules being different North and South of Highway 50. Environmental Health Supervisor, Harold Kelly agreed the model ordinance applied to all areas noting the upper Falls Lake areas showed impairments where the lower Falls Lake areas were not impaired. Commissioner Blalock requested Chairman Clayton to name the culprits in the water. Chairman Clayton stated the chlorophyll levels are affected by run-off forest land, and run off from subdivisions from use of fertilizers. Chairman Clayton noted the Neuse River has been buffered in Person County as recommended by the Soil and Water Conservation program. Chairman Clayton further noted Raleigh and Durham have more pollutants as they have more subdivision growth and waste water plants. February 21, 2011 10 Chairman Clayton confirmed the City of Roxboro chose several years ago to not participate in the UNRBA but noted the acres that fall within the Falls Lake watershed is represented by the Association further noting Roxboro’s waste water goes into the Roanoke River. RECREATIONAL CULTURAL ARTS PROGRAM: Commissioner Kennington recognized the county’s current freeze on hiring and requested discussion related to the responsibilities of the Specialist position that recently resigned and its effects on the Recreational Cultural Arts Program going forward. County Manager, Heidi York stated this vacancy is not unlike other vacancies within county government in which the supervisor of the program will pick up the duties as well as shift duties among other departmental staff and even possibly bring in part-time staff to assist. Recreation, Arts and Parks Interim Director, John Hill agreed with the County Manager and noted there is only one show remaining for the current season. Commissioner Kennington inquired about formulating the performing arts series for the following year. Mr. Hill stated the performing arts series for the next year has been planned and is in process of finalizing. Mr. Hill confirmed the Kirby Gallery is open Wednesday-Friday 1:00- 5:00 p.m. and will continue the same operating schedule as well as continue offering private lessons and Arts in Education programs. Mr. Hill stated the Recreation, Arts and Parks Department’s confidence to cover the duties with the staff resources until which time the void can be filled. Commissioner Kennington stated the current structure of the Specialist position has both recreational and arts related duties while previously was a director position dealing strictly with the cultural arts efforts. Commissioner Kennington asked the County Manager to form a group for the purpose of reviewing the future of the Cultural Arts Program considering the present structure continuing or evaluate if a separate department apart from recreation is needed or consider the function being turned over to a non profit to increase the potential of State grants. Commissioner Jeffers stated his interest in reviewing such options. Ms. York stated staff are considering all options, noting the most viable options would include keeping as is as part of the recreation program or consider turning over to a non-profit, noting creating a separate department would actually increase costs and would not allow sharing of resources. Commissioner Kennington asked if the Arts Council had been notified and updated on the plans related to the Specialist position being vacated. Mr. Hill stated the Arts Council has been notified via email; however, he planned to meet with the Arts Council on February 22, 2011. CHAIRMAN’S REPORT: Chairman Clayton stated he would have copies available after the meeting related to the Falls Lakes rules that contains the website he referred to earlier. Chairman Clayton commented the Board of County Commissioners committed to the Kerr Tar Council of Government to fund the Senior Center at some level. The Board of County Commissioners has no intention of the Senior Center closing in Person County. February 21, 2011 11 Chairman Clayton thanked Commissioner Blalock for being proactive on the uranium mining legislative goal supporting a study commission that was submitted to the NC Association of County Commissioners Environment Committee. Chairman Clayton stated the continuing expense allocated by Person County to the Board of Education is placed into their authority to allocate as they deem appropriate. Chairman Clayton stated he was fine with the list of questions to be submitted to the Board of Education but expected in return the same such request. Chairman Clayton stated the Governor’s proposed budget is a killer and the counties can not handle that type of push down from the State. MANAGER’S REPORT: County Manager, Heidi York stated according to the Budget Ordinance, the County Manager has the authority to approve appropriation transfer up to a certain amount but when a transfer is from one function area into another, an official report must be given to the Board. Ms. York reported an appropriation transfer from the Administration Department to the Economic Development Department in the amount of $7,000 (salary reduction funds) to be one of the funding sources for the PCBIC $25,000 contract recently approved for the remainder of the current fiscal year. Ms. York commented on the Board’s commitment of doubling the current fiscal year funding for the Senior Center operation for next fiscal year from $50,000 to $100,000. Ms. York made a public announcement regarding the Courier-Times Fireworks Fund deadline is March 1, 2011 to meet the $10,000 donation goal. The Courier-Times effort was a result to continue the fireworks show after the county had to cut from the budget. The Courier- Times spearheaded the effort by donating the first $1,000. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington made comments on the following:  Clarified rationale on the six questions submitted to the Board of Education in preparation for the joint meeting on March 14, 2011 noting he is continually asked about class size, school size, stimulus and grant funds, and the plan to continue programs when stimulus and grant funding ends, as well as the number and salary information for Central Office staff.  Thanked the Courier-Times for its efforts related to the securing the needed funding for the 2011 fireworks show and encouraged citizens to donate.  Informed the group of an article in the Our State magazine highlighting the success of the Poindexter family of Hurdle Mills with their small businesses, Flat River Café, Hurdle Mills Market and Butcher Shop which was started in conjunction with a revolving loan fund through Person County. Commissioner Kennington congratulated Claudia, David and Angie Poindexter as well as store owner, Waddell Breeze. Finance Director, Amy Wehrenberg stated approximately $26,000 remains in the revolving loan fund. Commissioner Kennington encouraged interested citizens to pursue such revolving loan funds to start a small business. February 21, 2011 12 Commissioner Blalock added two more items to the list to submit to the Board of Education including:  How to get the PTAs to step up with the lack of school supplies?  Requested an update on the grant designated for reducing the drop out rate. County Manager, Heidi York stated she would submit the questions from the Board to the Person County School Superintendent, Dr. Cartner, this date. Commissioner Jeffers asked the Transportation Manager, Kathy Adcock if the PATS program received any calls for weekend transport services. Ms. Adcock said the department had not during her tenure. Commissioner Jeffers asked the County Manager if department heads have a limit on the appropriation transfers and if she reviews such. Ms. York stated all appropriation transfers are reviewed and approved by the County Manager. Commissioner Jeffers stated he is in the process of scheduling a meeting for early March to obtain further information related to the YMCA/Senior Center options. Commissioner Jeffers invited the group to a Black History program at New Mt. Zion Baptist Church at 3:00 p.m. on Sunday, February 27, 2011. Vice Chairman Puryear updated the group on CenturyLink’s progress on installing service areas within the county noting one more system is waiting to go online. Vice Chairman Puryear stated a petition is being formed to present to CenturyLink for the Julian Oakley Road’s needed accessibility to high speed internet. Vice Chairman Puryear stated CenturyLink would be providing an area map illustrating un-serviced area within two months once all systems are implemented. Vice Chairman Puryear thanked Representative Winkie Wilkins for his assistance on this project. RECESS: A motion was made by Commissioner Blalock, seconded by Commissioner Jeffers, and carried 5-0 to recess the meeting at 10:27 a.m. until March 14, 2011 at 6:00 p.m. in the Person County Office Building Auditorium for a joint meeting with the Board of Education. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman