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January 18 January 18, 2011 1 PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 18, 2011 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 Tuesday, January 18, 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. Commissioner Jeffers arrived at 9:01 a.m. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear and carried 5-0 to add to the agenda for consideration a Legislative Goal Proposal. A motion was made by Vice Chairman Puryear, seconded by Commissioner Blalock and carried 5-0 to approve the agenda as adjusted. REPRESENTATIVE W.A. WILKINS ADDRESSES BOARD: Representative W.A. Wilkins proposed the Board set up a roundtable group for the purpose of exchanging and developing ideas comprised of representatives from various constituent groups within the county. Representative Wilkins stated such a group could bring about a great exchange of information about the goals, hopes, priorities and dreams of various organizations adding the concept could even develop to a point that may provide the Board with some budgetary guidance. Representative Wilkins recommended the county to formulate the list of members but mentioned major community stakeholders such as Person County Schools, Piedmont Community College, Tourism Development Authority, the County, the Chamber, the City, and Economic Development Commission should be included. Representative Wilkins stated this committee should report to the Board of County Commissioners. Representative Wilkins agreed to Chair the committee when asked by Chairman Clayton. Commissioner Kennington reminded the group of a committee formed in 2007 at the request of Jim Stovall, named Roxboro/Person County Development Board that already exists, although inactive, designated representation from many of the community partners as described and sought by Representative Wilkins. January 18, 2011 2 A motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 to look at and expand the present roundtable (Roxboro/Person County Development Board), as well as to ask Representative Wilkins to chair the committee and meet with those presently serving on the committee (Roxboro/Person County Development Board). Representative Wilkins asked the Board to understand he would be working the County Manager to develop or redevelop this roundtable group. Commissioner Kennington asked the initial discussion of the roundtable to include the Person Futures Strategic Plan as a guideline. Representative Wilkins agreed. The Board thanked Representative Wilkins for agreeing to chair the committee. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Ms. Searie Yow of 30 Ellis Pleasant Drive, Leasburg gave the Board pictures and internet advertisements related to her support and advocacy to the revisions in the county junkyard ordinance. Mr. Louis Rodriguez of 30 Ellis Pleasant Drive, Leasburg urged the Board to take responsibility for the junkyard ordinance and its affects on future generations. Mr. Kenny Rickman of 3936 Allensville Road, Roxboro asked the Board for accountability related to enforcing county ordinances. APPROVAL OF MINUTES: Commissioner Blalock noted a correction on page 3 in the January 4, 2011 minutes noting Mamon Poole should be Namon Poole. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to approve the minutes of December 20, 2010, January 4, 2011, January 6, 2011, and January 10, 2011 with the correction noted above. ADMINISTRATIVE REPORTS: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to approve the Administrative Reports for the Airport, Detention Center and Inspection Department. January 18, 2011 3 OLD BUSINESS: REVISED ORDINANCE REQUIRING UNREGISTERED MOTOR VEHICLES TO BE SCREENED FROM VIEW: County Manager, Heidi York stated after receiving public input at the Board’s January 4, 2011 public hearing, three Board members directed the Manager to revert back to the 1999 Screening Ordinance with a few minor changes. Ms. York noted the version in the Board packet highlights those minor changes and does not regulate businesses including junkyards, salvage operations or automobile graveyards. Ms. York told the Board the revised ordinance for consideration 1) does not clarify a reporting process or compliance period, 2) keeps the enforcement under the Sheriff Office, 3) incorporates recreational facilities and cemeteries to be screened from view, and 4) does not include definitions. Ms. York clarified in the revised ordinance screening is defined as fencing with vegetation that must be properly maintained. Ms. York told Board members that an Addendum titled Reporting and Enforcement for Section Eight as proposed by Commissioner Blalock was placed at their seats prior to the meeting. Commissioner Blalock prefaced her proposed Addendum by stating passing the junkyard ordinance would implement objectives in the Person Futures Strategic Plan. Commissioner Blalock read her proposed Addendum into the record: Section Eight REPORTING AND ENFORCEMENT A comprehensive survey of all junkyards in the county that adversely affect the attractiveness and safety of the environment will be performed. Every citizen that values the beauty and safety of our county is requested to be a part of this effort. When making this survey only those areas that are seen from a highway, housing unit, cemetery, park or school and need remedy should be reported. This initial reporting period will be for _____ months following the date of this ordinance. When this survey is complete a group of volunteers will assemble to visit all sites and render a second opinion. After each site is certified by a second party, a formal letter will be sent to the person or entity explaining the infraction, the time allotted for remedy, and the penalty for failing to comply with the ordinance within the four month time allotted. Follow-up visits will occur after the allotment time has elapsed. Failure to remedy will result in a citation. The Sheriff’s Department will be responsible for enforcement. All survey results will be sent to the Planning Board at ___________________ (address). Any entity or person needing assistance: 1. May request a compliance officer review the situation 2. May request a time extension if, after review, it is deemed necessary by the compliance officer. 3. May call this number to make those requests. ______________ (Planning Board telephone number) January 18, 2011 4 A motion was made by Commissioner Blalock, seconded by Commissioner Kennington, for consideration of Section Eight, Reporting and Enforcement for adoption into the revised Ordinance Requiring Unregistered Motor Vehicles to be screened from view. Commissioner Jeffers voiced concerns of volunteers acting in role of compliance officers representing county government. Commissioner Blalock clarified for members of the Board the volunteers noted in Section Eight would be Person Futures committee members. Commission Jeffers asked the County Attorney if the county could legally have volunteers make a second opinion that would result in criminal repercussion. County Attorney, Ron Aycock stated he recommended the proposed Addendum, Section Eight, Reporting and Enforcement site clarifying conditions as the precedent to any enforcement activity with more clearer language defining the authority of those doing the survey as well as the second party certification and the standards to which to be measured. Mr. Aycock advised the Board not to adopt as presented so that staff may include standards to use for enforcement. Commissioner Kennington stated, in his opinion, citizens are government and was encouraging the concept of neighbors addressing fellow neighbors as opposed to the Sheriff addressing citizens to request cleaner neighborhoods. Commissioner Kennington asked the County Attorney to research a neighbor’s right to request his/her neighbor to clean up their property. Commissioner Jeffers stated his opposition to the proposed Addendum for Section Eight, Reporting and Enforcement. Vice Chairman Puryear stated he could not support the proposed Addendum for Section Eight, Reporting and Enforcement. Commissioner Blalock reiterated that the revised Ordinance Requiring Unregistered Motor Vehicles to be screened from view contains no reporting requirements. Commissioner Kennington asked the County Attorney the legal responsibility of the Sheriff to enforce Person County ordinances. Mr. Aycock stated the Sheriff does not have the authority to decide which law to enforce and has the responsibility to enforce both the State laws and local ordinances. January 18, 2011 5 Ms. York asked the Planning Director, Paula Murphy to speak to the current Planning Ordinance as it would address the situation described in the photos provided by Ms. Yow. Ms. Murphy stated the revised Ordinance Requiring Unregistered Motor Vehicles to be screened from view should address the situation described in the photos. Ms. York added the revised Ordinance Requiring Unregistered Motor Vehicles to be screened from view would require a fencing if visible from the road. No fencing would be required if not visible from the road. Ms. Murphy told the Board that a junkyard for business use would require a special use permit and license. Chairman Clayton noted situations that are a junkyard that do not have a permit are in violation of the Zoning Ordinance. Ms. Murphy clarified that an actual business is treated different from an individual for personal use. Commissioner Kennington stated the county has a major flaw with the present policy as he, not acting as a business, but as an individual could collect on his property an unlimited number of cars as long as the cars are not visible from the road. Commissioner Jeffers stated his support of the revised Ordinance Requiring Unregistered Motor Vehicles to be screened from view reminding the group that the junkyard issue relates to a separate county ordinance that is not included in the proposed revision before the Board this date. Commissioner Blalock stated the problems are not with the ordinance(s) but with the enforcement and without a designated place to report. Commissioner Jeffers responded the ordinance is enforced by a complaint based system through the Sheriff’s Department investigation. A substitute motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried by majority vote 3-2 to adopt the revised Ordinance Requiring Unregistered Motor Vehicles to be screened from view as presented by the County Manager this date excluding the proposed Addendum, Section Eight, Reporting and Enforcement. Commissioners Blalock and Kennington cast the dissenting votes. Commissioner Kennington asked Chairman Clayton if the County Attorney would bring back to the Board a revised Section Eight, Reporting and Enforcement for further consideration. Chairman Clayton confirmed to the group that the County Attorney would be asked to review and recommend a revised Section Eight, Reporting and Enforcement for further consideration by the Board. Mr. Aycock confirmed the existing county ordinances are valid and the newly adopted ordinance would be the controlling, prevailing ordinance. January 18, 2011 6 REVISION OF THE PERSON COUNTY ANIMAL CONTROL ORDINANCE: Animal Control Director, Ron Shaw highlighted for the Board the proposed revisions of the Animal Control Ordinance accepting questions and feedback on the behalf of the Animal Control Advisory Board. Chairman Clayton requested language in Section 9, Cruel Treatment to further the statement by adding as provided by the Wildlife Resources Commission rules. County Attorney, Ron Aycock suggested adding the reference to trapping rules as well. Commissioner Blalock requested the words at-large be added to the first sentence of Section 11, Impounding Animals. Regarding Section 14, Kennels and Hunting Clubs, Commissioner Jeffers noted the NC Association of County Commissioners (NCACC) was currently reviewing legislation and recommended holding to receive input from the NCACC. Commissioner Blalock inquired about a Code of Ethics for hunters. Mr. Shaw identified the current as well as proposed taxes and fees in Appendix A. The group discussed and provided input for consideration of decreasing some of the fees. Commissioner Blalock offered the following revisions (bold text) to the proposed points in Appendix B, Rescue Group Procedures: This purpose of this policy is to establish standard operating procedures for Person County Animal Control/Shelter and all rescue groups that wish to retrieve animals from Person County Animal Shelter. Violation of this policy by a rescue group may result in a suspension of its rescue privileges. A. Rescue groups wishing to rescue animals must be a non-profit organization with a 501c3 paperwork. For rescue groups located out of state, the group must also meet all the licensing requirements in the state in which they reside. B. All rescue groups must have an application approved by the Person County Animal Shelter Director (hereinafter “Director”). Any rescue application may be denied by the Director with a full explanation for denial. Each rescue group must submit a copy of its 501c3 papers and a list of agents authorized to pick up animals from the Person County Animal Shelter. C. Person County Animal Shelter will notify an applying rescue group of the approval or denial of it’s application and will do so within ten (10) business days of the receipt of the of application with an explanation if denial is rendered. D. In the event a rescue group’s application is denied, the group may appeal the decision to the Animal control Advisory Committee. If the Committee overturns the denials, the application will be forwarded to the Director, and will be signed by the Chairperson of the Committee signifying approval of the application. E. A rescue group may have its rights to pick up animals from Person County Animal Shelter suspended by the Director pending a hearing by the Animal January 18, 2011 7 Control Advisory Committee regarding the group’s failure to comply to rules set forth in this ordinance. Points to consider are: 1. Adherence to pick-up times and procedures 2. Cordial interaction between all parties, Shelter and Rescue Group Back Page M. A rescue group’s request to place a hold on an animal may be denied at the discretion of the Director with an explanation for denial. Commissioner Puryear suggested Mr. Shaw and staff report the Board’s feedback to the Animal Control Advisory Committee for further revisions to be brought back to the Board. Mr. Shaw thanked the Board for the feedback offered. Commissioner Kennington noted a concern and his preference for the first step to be a warning prior to a citation as the citizens will have to be educated to the new rules. Chairman Clayton suggested the Animal Control Advisory Committee bring back to the Board a further revised Animal Control Ordinance. Upon the Board’s further review, Chairman Clayton recommended the Animal Control Advisory Committee to hold a public hearing for citizen’s input. Mr. Aycock stated procedurally, the revised ordinance requires a two-step process noting the first of introduction and Board consideration took place at this meeting and at the second reading adoption can take place by majority vote. NEW BUSINESS: 2010 STATE OF THE COUNTY HEALTH REPORT: Health Promotion Coordinator/Healthy Personians Coordinator, LeighAnn Creson presented the Board the 2010 State of the County Health Report. The 2010 State of the County Health Report provides current mortality and morbidity data for Person County, listing health priorities identified through the 2007 Community Health Assessment process as well as reveals progress made towards addressing those priorities in the past year. Ms. Creson stated new and emerging issues in public health are addressed as well as other changes in the county that have or could potentially impact the health of Personians. January 18, 2011 8 January 18, 2011 9 January 18, 2011 10 January 18, 2011 11 January 18, 2011 12 January 18, 2011 13 January 18, 2011 14 January 18, 2011 15 January 18, 2011 16 The Board thanked Ms. Creson for the report and asked her to extend to their appreciation to the Health Department staff. January 18, 2011 17 BOARDS AND COMMITTEES APPOINTMENTS: Clerk to the Board, Brenda Reaves presented the Board citizen applications for consideration of appointment. - Adult Care Home Community Advisory Committee 1-Year Initial Term; 3-Year Reappointment: 4 positions available 1) Gloria Skinner Pettiford requested appointment A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to appoint Gloria Skinner Pettiford to the Adult Care Home Community Advisory Committee for an initial one year term. - Juvenile Crime Prevention Council 2-Year Term: Positions available include:  A representative of the Health Department 1) Harold Kelly requested reappointment A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to reappoint Harold Kelly as the Health Department representative on the Juvenile Crime Prevention Council for a two-year term.  Chief District Court Judge No Application  Citizens At Large (2) positions available No Applications - Nursing Home Advisory Committee 1-Year Initial Term; 3-Year Reappointment; 3 positions available 1) Gloria Skinner Pettiford requested appointment A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to appoint Gloria Skinner Pettiford to the Nursing Home Advisory Committee for an initial one-year term. - Tourism Development Authority 3-Year Term: 1 position from the general public available 1) Herman Gentry, Jr. requested reappointment 2) Julie Maybee requested appointment 3) Bonnie Meeler requested appointment January 18, 2011 18 Ms. Reaves presented the Board with the application submitted from Tammy Woods, General Manager of the Inn Keeper, on behalf of the hotel/motel/bed and breakfast industry for county appointment to TDA. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to appoint Tammy Woods as the county representative for hotel/motel/bed and breakfast for a three-year term. Ms. Reaves asked if the Board was ready to take action regarding the open appointment that was placed on hold at the Board’s last meeting, January 4, 2011. Commissioner Kennington recommended to the Board to hold making the appointment until action by General Assembly regarding Person County’s request to increase TDA membership. Chairman Clayton called upon Ms. Margaret McMann, TDA Director for additional information. Ms. McMann stated she had discussed with Representative Wilkins TDA’s request to increase the tax levy by 1% (5% to 6%) and Representative Wilkins recommended she request the Board of Commissioners to adopt resolutions approving such requests 1) 1% increase in tax levy and 2) increase in TDA membership) and submit to him by the first of April for his submission for a bill change to General Assembly in mid April. Ms. McMann stated TDA preference to earmark any such additional revenue yielded by the 1% increase in tax levy to be earmarked for operation of an actual Visitor/Welcome Center. County Manager, Heidi York stated Representative Wilkins is willing to work with Person County to promote passage. Commissioner Kennington recommended the TDA membership be increased from 6 to 9 members and base representation of the TDA on city/county population which may equate to 3 city appointments and 6 county appointments. Commissioner Kennington suggested the Board review and discuss further what the proposed 1% increase in tax levy revenues would be earmarked to fund noting the Board consideration of funding non-profits, i.e., Person County Museum is a possibility. Chairman Clayton suggested having such resolutions before the Board at its next meeting. Vice Chairman Puryear stated he could not support the tax increase. Ms. McMann told Vice Chairman Puryear the tax levy would only be imposed upon individuals visiting Person County and not upon its citizens. Ms. McMann noted the tax levy revenues, when first set up, dictated one- half of funds to be allocated to the Person County Museum and other half to be shared between Mayo and Festivals. Ms. McMann further noted the distributions have changed a bit however the Museum still receives the larger portion of funds. Ms. McMann stated this current fiscal year; the Museum received even more funding ($21,500 as opposed to $13,500) due to their untimely application for non-profit funding and Person County’s local funding cut. January 18, 2011 19 Ms. McMann informed the Board that the Museum voted in August, 2010 to dissolve the partnership between TDA and the Museum (did not affect the funding). Ms. McMann stated her office is still at the Museum. TDA does not currently pay rent for the office space but Ms. McMann hinted rent may be charged in the upcoming budget year, noting her interest in secure office space with better street front. It was the consensus of the Board to bring resolutions before the Board for consideration to adopt: one resolution requesting legislation to increase the TDA membership and the other to request an increase in the occupancy tax levy. Ms. York stated she would contact the City Manager on this issue. ZERO TOLERANCE DRUG & ALCOHOL POLICY FOR PERSON AREA TRANSPORTATION SYSTEM (PATS): Transportation Manager, Kathy Adcock stated the Board adopted a Drug & Alcohol Testing Policy as required by the Department of Transportation (DOT) on September 20, 2010. Ms. Adcock noted DOT (effective October 1, 2010) is now requiring the testing of an additional drug (ecstasy), which requires the Board to adopt an updated policy. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to approve the Zero Tolerance Drug & Alcohol policy for Person Area Transportation System (PATS). BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Commissioner Jeffers, 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 General Fund(s) on this, the 18th day of January 2011, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government (103,971) Public Safety 60,638 Transportation 13,921 Environmental Protection 5,200 Cultural & Recreational 5,801 Human Services 117,704 Interfund Transfers 18,762 Transfers to Other Funds 26,428 January 18, 2011 20 Person Industries Special Revenue Fund 26,428 Public Library Trust Fund 15,000 REVENUES General Fund Intergovernmental Revenues 111,867 Other Revenues 13,854 Interfund Transfers 18,762 Person Industries Special Revenue Fund Transfer from General Fund 26,428 Public Library Trust Fund Interest Earnings 90 Other Revenues 8,100 Fund Balance Appropriation 6,810 Explanation: Transfer of budget from General Services (-$48,817) to Human Resources ($48,817) to cover the re- location of personnel; distribution of unemployment insurance costs to various departments ($118.549); carry-forward of remaining grant funds for the Gang Violence Prevention Grant ($13,290), insurance proceeds received for replacement of stolen laptop in Sheriff's Department ($1,129); insurance proceeds received for damage to vehicles in the Sheriff's Department ($11,828) and the PATS Department ($532); donations received in the Health Department ($125) and Social Services ($240); Family Planning Grant ($8,198) and Immunization Grant ($1,122) received in the Health Department; various program adjustments in DSS ($89,257); and restricted revenues appropriated for expenditures associated with the Public Library Trust Fund ($15,000). Commissioner Kennington asked for clarification of the Safety Officer move to Human Resources. County Manager, Heidi York explained the move resulted as part of the recent county reorganization whereby the Safety Officer for Public Works only became the Safety Officer for all county departments. Ms. York noted no additional staff or funding was allocated just moving the associated budget from Public Works (now called General Services) to the Human Resources budget line. The Safety Officer’s physical location did not change as her office is on the 2nd floor of the County Office Building as before. LEGISLATIVE GOAL PROPOSAL: Chairman Clayton stated Commissioner Blalock requested Board approval of a Legislative Goal Proposal to submit at the NCACC Legislative Goals Conference on January 21, 2011. January 18, 2011 21 A motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 to approve the 2011-12 biennium Legislative Goals Proposal titled Create Study Commission on Uranium Mining. January 18, 2011 22 CHAIRMAN’S REPORT: Chairman Clayton stated the Upper Neuse River Basin Association reorganization is in process, further noting Person County dues may increase however monitoring in the tributaries is forthcoming. Chairman Clayton stated once the by-laws are in place, an update to the Board will be scheduled. MANAGER’S REPORT: County Manager, Heidi York reminded the group of the Board Retreat on January 31, 2011 at the Mayo Park Center. Ms. York stated a draft agenda would be available by January 19, 2011. Ms. York announced the Board did not want the Retreat to be streamed live. Ms. York asked Board members to see the Clerk for retreat day lunch selections. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington had no report or comments. Commissioner Blalock announced Tom Magnuson, an authority on early North Carolina trails, would be speaking at the Homestead Steakhouse on January 19, 2011 at 4:00 p.m. sponsored by the NC Humanities Council and local Research Club. Commissioner Jeffers asked for clarification on the procedures for the Person Area Transportation System (PATS) on inclement weather days. Transportation Manager, Kathy Adcock stated a delay is announced on the local radio station by 5:00 a.m. when operating hours are affected by inclement weather. Ms. Adcock noted PATS staffs are currently working with the IT Department to create a voice mail message to update for citizens to access. Vice Chairman Puryear had no report or comments. RECESS: A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to recess the meeting at 11:56 a.m. until January 31, 2011 at 9:00 a.m. at Mayo Park Environmental Educational and Community Center for the Board Retreat. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman