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September 19 September 19, 2011 1 PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 19, 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 Monday, September 19, 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: Chairman Clayton requested Board consideration to add to the agenda a North Carolina Governor’s Highway Safety Program Resolution, a discussion related to the old Helena School property as well as a Closed Session to discuss personnel. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers and carried 5-0 to add the aforementioned items to the agenda and approve the agenda as adjusted. PUBLIC HEARING: RURAL OPERATING ASSISTANCE PROGRAM (ROAP) APPLICATION FOR FISCAL YEAR 2011/12: A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear, and carried 5-0 to open the duly advertised public hearing for the Rural Operating Assistance Program (ROAP) Application for Fiscal Year 2011/12. Transportation Director, Kathy Adcock presented to the Board the proposed Rural Operating Assistance Program (ROAP) application to be submitted to the North Carolina Department of Transportation no later than September 30, 2011 by Person County. The programs included in the Rural Operating Assistance Program application are: 1. Elderly & Disabled Transportation Assistance (EDTAP) Program provides operating assistance for the transportation of elderly and disabled citizens. September 19, 2011 2 2. Employment Transportation Assistance Program is intended to provide operating assistance for the transportation of persons with employment related transportation needs. 3. Rural General Public (RGP) Program funds are intended to provide operating assistance for the transportation of individuals who do not have human service agency assistance to pay for their transportation and live in non-urbanized areas. The period of performance for Rural Operating Assistance Program funds is July 1, 2011 through June 30, 2012. The FY2012 ROAP individual program totals are: PROGRAM TOTAL EDTAP $59,876 EMPL $18,201 RGP $56,279 TOTAL $134,356 Ms. Adcock requested the Board to approve the allocation of the Rural Operating Assistance Program (ROAP) Application for the Fiscal Year 2011-2012 noting Person County received four requests totaling $134,356. Ms. Adcock stated Person County’s anticipated State appropriation is $134,356. Agency 2010-2011 Request 2011-2012 Request Person Area Transportation RGP $41,026 $56,279 Supplemental 36,350 0 EDTAP 7, 634 21,000 Supplemental 11,276 0 Person County Senior Center EDTAP $20,000 $20,000 Supplemental 15,000 0 Person County Social Services EMPL $8,623 $12,500 Supplemental 2,500 0 Person Industries EMPL $ 0 $ 5,701 Supplemental 8,316 0 EDTAP $17,950 18,876 __________ __________ $168,675 $134,356 September 19, 2011 3 Ms. Adcock confirmed for the Board that the State appropriation varies from year to year and the program will make allowances for such noting all supplemental funds were cut out for the current fiscal year. Ms. Adcock noted she, as the Transportation Director, monitors the programs as well as County Manager and Finance Director signs off as well. Ms. Adcock stated the local match contributed is achieved through the local fares charged to the riders confirming the county does not contribute local funds for the ROAP program. No one appeared before the Board to speak in favor or in opposition to the Rural Operating Assistance Program (ROAP) Application for Fiscal Year 2011/12. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to close the public hearing for the Rural Operating Assistance Program (ROAP) Application for Fiscal Year 2011/12. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to approve the Rural Operating Assistance Program (ROAP) Application for Fiscal Year 2011/12. September 19, 2011 4 September 19, 2011 5 September 19, 2011 6 INFORMAL COMMENTS: There were no comments from the public. APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to approve the minutes of September 6, 2011. ADMINISTRATIVE REPORTS: A motion was made by Commissioner Blalock, seconded by Commissioner Jeffers, and carried 5-0 to approve the Administrative Reports for the Detention Center, Inspection Department, Public Library, Person Area Transportation System and Tax Administration & Collections. NEW BUSINESS: FALLS LAKE RULES UPDATE: Chairman Clayton introduced Mr. Jim Wrenn, attorney representing Person County, Granville County, South Granville Water & Sewer, Creedmoor and Butner to give the Board an update on the proposed Falls Lake rules. Mr. Wrenn, on behalf of the Stormwater Utility Working Group updated the Board on the plan for how the five jurisdictions can work together to perform stormwater management services (including those services required by the Falls Lake Rules) most efficiently with a regional partnership approach whereby each jurisdiction can work with the others to most efficiently achieve required stormwater initiatives. Mr. Wrenn recommended the development of interlocal agreements and program plans for each community. Mr. Wrenn noted execution of the plans would be funded through a stormwater fee applicable in each jurisdiction and based on runoff characteristics of land parcels. Mr. Wrenn presented the Board with a scope of work prepared by a local consulting firm (AMEC) to assist the jurisdictions to implement the plan. The scope of work includes assistance with development the program plans, estimating plan execution costs, developing the interlocal agreements that will allow jurisdictions to share services, performing the data analysis and rate studies required for establishing a stormwater fee, and implementing the fee including assistance with the billing and collection process. Mr. Wrenn stated AMEC is well regarded as a stormwater management consulting firm and has helped more than 50 communities across the southeast to implement similar programs and fees, including Durham, Charlotte, Cleveland and Philadelphia. Mr. Wrenn told the Board the scope of work anticipates an hourly not-to-exceed contract with a cap of $165,000 with each jurisdiction to pay a portion of the costs required to establish the programs and the fee structure. Mr. Wrenn stated each community would be paid back for the setup cost from the fee revenues which would begin in the fall of 2012. Mr. Wrenn explained the brief analysis of the land parcels and runoff characteristics (based on an estimate of impervious surface in each jurisdiction) for the fair split of the initial setup costs as follows: September 19, 2011 7 Jurisdiction Setup Cost Share Maximum Obligation Butner 24% $39,600 Creedmoor 14% $23,100 Granville County Unincorporated 30% $49,500 Person County Unincorporated 30% $49,500 Stem 2% $3,300 Mr. Wrenn recommended the Board to approve the presented scope of work noting the Town of Butner has previously selected AMEC as the most qualified firm to do certain work related to stormwater services following a request for qualifications in which several firms were evaluated. Mr. Wrenn asked the Board should they take favorable action to also authorize the County Manager to execute the interlocal agreement. Mr. Wrenn told the Board that no activities will take place within the City of Roxboro and that City residents will not be affected unless they own property in the unincorporated area of the county. Mr. Wrenn confirmed entities such as state government, county owned property, facilities, churches, and schools that are normally exempt from taxation would not be exempt from the stormwater fees based on legislative laws in effect. Chairman Clayton and Mr. Wrenn told the Board of the group’s efforts to make the following three entities: City of Roxboro, Franklin County and Oxford aware of the progress noting those entities could have possible benefits from joining the group. Commissioner Blalock asked Mr. Wrenn if the Falls Lake Rules would eventually become the rules for the Tar River as well. Mr. Wrenn stated there could eventually be environmental rules in all of the river basins noting there was no current plan to expand such at this time. Mr. Wrenn described a base fee throughout the entirety of Person County noting the fee would be significantly higher in the areas within Person County affected by the Falls Lake Rules. Chairman Clayton added that a utility fund and fee would mandate that a fee be charged to the entire county noting a utility fee could not be made in effect for part of the jurisdiction. Mr. Wrenn clarified that if a utility fund/fee structure was not put into place and the local government entity wanted to pay the stormwater services from the General Fund tax revenues, the taxpayers from the northern part of the county would have equal burden as those in the southern part of the county, where the utility targets the fees to where the services are actually to be provided. Mr. Wrenn told the Board the proposed scope of work as prepared by AMEC gives jurisdictions a consistent, collaborative process as well as a larger voice than operating on a individual community basis. September 19, 2011 8 Commissioner Kennington asked Mr. Wrenn if the rules affecting areas outside of City of Raleigh would have more stringent rules than the City of Raleigh. Mr. Wrenn stated the new development rules would be the same anywhere within the Falls Basin, noting Raleigh lies within the Lower Falls and the Upper Falls jurisdictions (Creedmoor, Granville, Person, Roxboro, Durham, Hillsborough, Orange County, etc) are hit harder for the existing development as that is where the water quality is impaired. Mr. Wrenn described anything north of Highway 50 Bridge is the Upper Falls and any entities south is considered Lower Falls. Mr. Wrenn confirmed Person County would be bearing a greater burden than the City of Raleigh with respect to the Falls Lake rules in order to protect Raleigh’s drinking water supply. Mr. Wrenn elaborated that the existing development requirements are significantly stricter in the Upper Falls noting stormwater retrofits for a 40% reduction in nitrogen and 77% reduction in phosphorous while the Lower Falls have to return to the 2006 baseline which is 20% reduction in nitrogen and 40% reduction in phosphorous. Mr. Wrenn stated for those with waste water treatment plants, the reductions are huge. Mr. Wrenn stated the stormwater rules will apply to both residential and commercial development. Mr. Wrenn noted the developers pursuing new development in both Upper and Lower Falls areas will bear the cost which will ultimately be passed onto the consumer while existing development costs will borne by the governments of the jurisdictions. Mr. Wrenn noted for the group that both Butner and Granville County have agreed to the interlocal agreement with Creedmoor to discuss later in the month at an upcoming meeting. A motion was made by Commissioner Jeffers, seconded by Chairman Clayton, and carried 5-0 to approve the presented scope of work with the local consulting firm (AMEC) to be funded from Fund Balance and to authorize the County Manager to execute the interlocal agreement. Chairman Clayton thanked Mr. Wrenn and noted an Upper Neuse River Basin Association meeting will take place on Wednesday, September 21, 2011. NORTH CAROLINA GOVERNOR’S HIGHWAY SAFETY PROGRAM LOCAL GOVERNMENTAL RESOLUTION: Sheriff Dewey Jones announced a grant opportunity for Person County to receive $9,965 from the NC Governor’s Highway Safety Program with no local funding match to be used for equipment. Sheriff Jones noted last year there were 3,033 crashes with 18 fatalities and 1,201 injuries and the goals of the proposed grant is reduce fatalities and increase seat belt usage. Quarterly safety belt checkpoints (3) and (1) impaired driving check point will be required. A motion was made by Commissioner Kennington, seconded by Vice Chairman Puryear, and carried 5-0 to approve the NC Governor’s Highway Safety Program Local Governmental Resolution. September 19, 2011 9 September 19, 2011 10 MEMORANDUM OF UNDERSTANDING BETWEEN PIEDMONT COMMUNITY COLLEGE AND PERSON COUNTY GOVERNMENT FOR USE OF THE PROPERTY AT 204 WEST BARDEN STREET: County Manager, Heidi York noted the County owns the property at 204 West Barden Street, located next to the current EMS Facility, further noting the property was once an old health department and more recently the former Person Counseling Center. In recent years, Ms. York stated the building has been used by the County for storage. Ms. York stated Piedmont Community College approached the County about the need for office space to relocate their Educational Opportunity Center (currently at the old post office building on Main Street). In the Memorandum of Agreement, Ms. York outlined, the County agrees to allow PCC to occupy the Barden Street building for the purpose of housing the Education Opportunity Center for a period of ten years. In general, the County will be responsible for maintaining the grounds and exterior of the building. Piedmont Community College will be responsible for interior renovations (with approval by the County); maintenance of the interior operating systems to include electrical, HVAC, and plumbing; and all utility costs. Ms. York stated after the initial ten year period, both parties would have the ability to renew on an annual basis. Ms. York requested the Board to review the Memorandum of Understanding and if appropriate, authorize the County Manager to execute the agreement. A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0 to authorize the County Manager to execute the Memorandum of Understanding between Piedmont Community College and Person County Government for use of the property at 204 West Barden Street. PERSON COUNTY LIBRARY ADVISORY BOARD: Library Director, Christy Bondy stated as in the Requirements to Receive State Aid for county libraries, the Person County Public Library must have a functioning advisory board in place before the dissolution of the regional library, June 30, 2012. Ms. Bondy presented the Board with the State Library reviewed description and purpose for the Person County Library Advisory Board noting the State Library recommends the Advisory Board to consist of 5 seats including a county commissioner and four citizens. Ms. Bondy recommended, that due to the limited number of meetings that the Person County Library Advisory Board will hold and the necessity of an orientation period, that the Board of County Commissioners approve the Advisory Board description and purpose and initiates the development of the Advisory Board to consist of 5 members as described. Ms. Bondy requested the Board of County Commissioners direct the County to advertise for this board’s membership. September 19, 2011 11 A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to approve the Person County Advisory Board description and purpose as presented as outlined below, initiate the development of the Advisory Board to consist of 1 County Commissioner and 4 citizens and direct staff to advertise such newly create Library Advisory Board positions for interested citizens’ applications. Person County Library Advisory Board Mission Statement: The Person County Library Advisory Board shall review and recommend policies and initiatives of the Library Director and staff in order to promote and foster broad-based citizen use, participation in services and programs, and access to library materials. Person County Library Advisory Board The Person County Library Advisory Board (Library Board) is the people’s voice on matters pertaining to the Person County Public Library, offering suggestions and opinions on community affairs, programs, and library services. The Library Board is a group of Person County citizens that offers advice to library personnel, on matters pertaining to the library and its services. Persons interested in serving on the Library Board must complete an application for appointment through the County. Each board member will serve a three-year term and may be reappointed for an additional two terms. It is recommended by the NC Department of Cultural Resources to develop the advisory board in staggering terms. The Library Board will meet quarterly as mandated in the rules governing county library systems by the NC Department of Cultural Resources. The Library Board also recommends policies and programs to the Library Director for consideration to improve the quality of library services. The Library Board encourages the utilization of professional and financial assistance from state, federal, and local governments, as well as other sources of library funding. The members of the Library Board are Person County residents who have demonstrated an active interest in public libraries and services. Board memberships are unpaid positions and, during their tenure, members of the Library Board cannot be employed by the library nor serve on the Friends of the Library board. Public library boards have three primary roles: 1. Act as an advocate for the library in the community and advocate for the community as a member of the library board. 2. Plan for the future of the library, including being responsive to community needs and wants. 3. Monitor and evaluate the overall effectiveness of the library and its policies. September 19, 2011 12 PERSON COUNTY MEDICAL RESERVE CORPS: Health Director, Janet Clayton told the Board that in 2001, the Person County Health Department (PCHD) began developing its Public Health Preparedness Response Program. Through local, state, and federal guidance, this program has evolved over the years into a comprehensive public health preparedness response program. A recommended component of this program is a volunteer corps or a Medical Reserve Corps (MRC). The national MRC has been developed as part of the Office of the Surgeon General in the Office of the Civilian Volunteer Medical Reserve Corps. The National MRC Regional Director supports the development of a MRC in Person County. Ms. Clayton stated the mission of the Person County Medical Reserve Corps is to engage volunteers, both medical and non-medical, to strengthen public health, emergency response and community resilience. A Strategic Plan for the MRC has been developed by a team of PCHD staff members. Grant funding that does not require a local match will be utilized for implementation and maintenance and training. Once trained, volunteers may be utilized for public health-related activities such as mass vaccination clinics, assisting with emergency evacuations and other responses to events such as man-made or natural disasters. Ms. Clayton stated the volunteers would meet quarterly and be required for training annually. Ms. Clayton noted the support of the Person County Board of County Commissioners will strengthen the MRC effort as staff move forward with development and recruitment. Ms. Clayton stated she has contacted Emergency Management and will contact other partnering agencies for their support as well. Ms. Clayton stated the Person County Board of Health voted to support the development of the Person County Medical Reserve Corps (MRC) by the Person County Health Department on July 25, 2011. The MRC will augment the Health Department’s ability to respond to man-made and natural disasters. Ms. Clayton requested the Board to approve a letter of support of the Person County MRC. Chairman Clayton stated this item was discussed at the recent Local Emergency Management Committee meeting including representatives from the hospital, health department, fire department and state agencies and it was viewed favorably. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to support the development of the Person County Medical Reserve Corps (MRC) and issue a letter of support. September 19, 2011 13 DISCUSSION OF POSSIBLE USES OF THE OLD HELENA SCHOOL PROPERTY: Chairman Clayton stated he had recently attended two Board of Education meetings related to the informal request for the Board of Education to convey the old Helena School property back to the county. Chairman Clayton stated, in his opinion, the Board of Education seemed receptive to the idea but wanted more information to the use of the property by the county. County Manager, Heidi York stated the Board of Education would like to hearing from the Board of Commissioners the possible use of the facility. Chairman Clayton suggested a formal resolution by the Board of Commissioners requesting the Board of Education to transfer the old Helena School property to the county and present such at the joint session meeting between both governing boards scheduled for October 17, 2011. Commissioner Kennington stated is support of a formal resolution to request the property be transferred to Person County but had reservations to limit specific uses of the facility as the potential uses may change in time. Commissioner Kennington stated the community college through expanded program offerings, community based courses as well as the county could pursue to utilize the space for, but not limited to, a satellite library, recreation office or partner with Durham for a Workforce Development Center or small business incubator. Dr. Walter Bartlett, President of Piedmont Community College stated the community college is ready to partner with multiple entities to pursue the potential use of such facility noting there is no plan in place at this time. A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0 to formally request from Person County Schools the entire Helena School property be transferred back to Person County Government. CHAIRMAN’S REPORT: Chairman Clayton stated he clarified with the American Legion Chairman that the county has provided the location for the monument and that the monument is their responsibility to update or facilitate to update and asked any questions be directed to Ray Foushee. Chairman Clayton stated a ribbon cutting would be taking place at a new Barber Shop located on N. Main Street at 10:00 a.m. on September 27, 2011 and encouraged all to attend. Chairman Clayton noted the annual Kerr-Tar Council of Government Banquet would be held on September 22, 2011 at the Civic Center in Warren County. Chairman Clayton announced an NC Association of County Commissioners Environmental Committee will be meeting on October 18, 2011 in Raleigh. September 19, 2011 14 MANAGER’S REPORT: County Manager, Heidi York stated the Request for Proposals for a feasibility study for a potential joint business park between Durham and Person counties has been released with proposals due in late October. Ms. York noted the “Eat, Shop and Enjoy” campaign being launched by the Uptown merchants, Tourism and the Chamber in October for more visibility of Uptown Roxboro will include the Library and Kirby Gallery being open between the hours of 10:00 am to 4:00 pm on Saturdays. Ms. York announced the Board of Education has confirmed the joint session meeting date with the Board of Commissioners to begin at 11:00 a.m. in their board room. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington requested the public be made aware of entry into the County Office Building. Ms. York stated the Earl Bradsher entrance is locked and accessed by cards with the intent for that entrance to be unlock during Board meeting times noting the Morgan Street, Long Avenue and Board of Education entrances are unlocked accessible by public during normal working hours. Commissioner Kennington also requested for Ray Foushee to facilitate with the proper agencies to upgrade the crosswalks, particularly from the Huck Sansbury parking lot for handicap accessibility. Commissioner Blalock stated she attended the “Eat, Shop and Enjoy” meeting and encouraged the promotion by word of mouth. Commissioner Blalock noted she would be attending a School of Government workshop on September 20-21, 2011 focusing on economic development. Commissioner Blalock offered to complete the uranium mining study survey questions received from the Research Triangle Institute on behalf of the Board, noting she would email her responses to the Board for input prior to submitting. Commissioner Jeffers congratulated Chairman Clayton on being named to the NC Association of County Commissioners Board of Directors. Commissioner Jeffers noted the First Class Barber Shop on Main Street will be managed by his twin brother, Brandon Jay Jeffers, and congratulated his brother on the birth of a new son, Brandon Jay Jeffers, Jr. Commissioner Jeffers announced on Saturday, September 24, 2011 at the Farmer’s Market, Marilyn Markel, a cooking school manager from A Southern Season in Chapel Hill will be preparing dishes using local produce and meats and encourage all to attend. Vice Chairman Puryear had no report or comments. September 19, 2011 15 CLOSED SESSION: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to enter into Closed Session per General Statute 143-318,11(a)(6) for the purpose to discuss personnel at 10:23 a.m. Chairman Clayton announced a brief break prior to entering Closed Session. Chairman Clayton called Closed Session to order at 10:30 a.m. A motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 to return to open session at 11:18 a.m. A motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 to authorize the County Manager to proceed with an environmental study of the old Post Office building in lieu of potentially acquiring that building. A motion was made by Vice Chairman Puryear, seconded by Commissioner Blalock, and carried 5-0 to approve the Amendment to the Employment Agreement between Person County and County Manager, Heidi York. Commissioner Kennington stated the Hospital Board is presently interviewing the final two candidates for a CEO for recommendation to Life Point. Commissioner Kennington made the Board aware the hospital facility is valued at $17,410,000 which would mean $122,000 in tax revenue for the county and $107,000 in tax revenue for the City of Roxboro. Additionally, estimated equipment taxes would produce approximately $46,000 for the county and approximately $41,000 for the City of Roxboro. The estimated total taxes to be received in 2013 would be $316,000. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to approve the County’s Manager’s Work Plan. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to enter into Closed Session per General Statute 143- 318.11(a)(4) for the purpose of discussion economic development at 11:23 a.m. September 19, 2011 16 A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to return to open session at 11:43 a.m. A motion was made by Commissioner Blalock, seconded by Commissioner Jeffers, and carried 5-0 to enter into Closed Session per General Statute 143- 318.11(a)(2) for the purpose to consult with the attorney at 11:43 a.m. A motion was made by Commissioner Blalock, seconded by Commissioner Kennington, and carried 5-0 to return to open session at 11:58 a.m. ADJOURNMENT: A motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 to adjourn the meeting at 11:58 a.m. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman