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September 6 September 6, 2011 1 PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 6, 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, September 6, 2011 at 7:00 p.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: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear and carried 5-0 to approve the agenda. PUBLIC HEARING: PROGRAM AMENDMENT FOR 2008 SCATTERED SITE REHABILITATION PROGRAM CDBG PROJECT 08-C-1840: 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 Program Amendment for the 2008 Scattered Site Rehabilitation Program CDBG Project 08-C- 1840. Community Development Administrator, Kerr-Tar COG, Julie Reid stated when she re-joined the COG as CDBG administrator mid-2009, the CDBG guidelines and procedures were treating all housing replacement of any kind as a relocation. This triggered the Uniform Relocation Act and a range of required activities. Ms. Reid stated after various discussions with the CI Director, a new Technical Bulletin was issued. New terms were defined for a different type of housing replacement. A reconstruction is placed on the original lot to replace a home that cannot feasibly be rehabilitated. The removal of the original home is considered rehabilitation clearance. Any assistance to the homeowner for housing, moving or storage is considered temporary relocation assistance. September 6, 2011 2 Ms. Reid noted all house replacements were listed on the original budget as relocations, the only option, at the time the original grant (08-C-1840) was written. After the technical bulletin was released, the work being completed was reconstruction, but still listed as relocation. Ms. Reid stated the program amendment would involve the following actions: 1. The funds originally listed under relocation (which was only choice at the time) are being moved to reconstruction (new line item). 2. The funds originally listed under clearance are being moved to Rehabilitation- Clearance (new line item). 3. Any moving, storage costs or temporary housing are being moved to rehabilitation temporary relocation assistance. Ms. Reid stated the total grant amount (C-1 Activities for major rehabilitation or replacement) is $378,338.67 noting $275,346.44 for relocation assistance to rehabilitation, reconstruction with clearance activities to rehabilitation relocation. Ms. Reid told the Board the public is made aware of the program funds through advertisement in the local newspaper with new outreach efforts through the senior division programs. Ms. Reid told the Board a public hearing is scheduled to be held on September 19, 2011 to hear public comment on the closeout of the project. No one appeared before the Board to speak in favor or in opposition to the Program Amendment for the 2008 Scattered Site Rehabilitation Program CDBG Project 08-C-1840. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers and carried 5-0 to close the public hearing for the Program Amendment for the 2008 Scattered Site Rehabilitation Program CDBG Project 08-C-1840. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers and carried 5-0 to approve the Program Amendment for the 2008 Scattered Site Rehabilitation Program CDBG Project 08-C-1840. September 6, 2011 3 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Patrick Riley of 256 Hicks Yarboro Road, Roxboro advocated for the name of a deceased veteran be added to the monument as well as read excerpts of the Notice of Decision letter he received from the Board Chairman, Jimmy Clayton referring to Board receiving evidence and testimony in due consideration of all applicable laws questioning if the Board had indeed read The Machinery Act of 1934, amended in 1970. Mr. David Ward of 808 Franklin Street, Roxboro petitioned the Board to add a name, Sylvester Wilson, to the war monument at the Courthouse Square noting Sylvester Wilson died in Vietnam on March 14, 1969. Mr. Linzy Rimmer of 607 Jean Street, Roxboro requested the Board to add Richard Jones’ name to the war monument as he was killed in Afghanistan a few years ago. Chairman Clayton told the group the American Legion would be taking up this issue at their next meeting that will be held on Tuesday, September 13, 2011. APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to approve the minutes of August 15, 2011. ADMINISTRATIVE REPORTS: A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to approve the Administrative Reports for the Airport, Detention and Tax Administration & Collections. Commissioner Blalock requested the Person Area Transportation System (PATS) department to submit administrative reports to the Board. September 6, 2011 4 OLD BUSINESS: REQUEST TO AMEND NOTE 9, WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE TO EXEMPT WIRELESS TELECOMMUNICATIONS TOWERS OR FACILITIES OWNED OR OPERATED BY THE STATE OF NORTH CAROLINA ON COUNTY OWNED PROPERTY: Planning Director, Paula Murphy was absent and County Attorney, Ron Aycock presented the request by Person County to amend the Zoning Ordinance, Note 9, Wireless Telecommunications Facilities Ordinance. Mr. Aycock stated upon the Board’s direction, the Planning Board gave proper notice and held a Public Hearing on August 29, 2011. Mr. Aycock noted the Planning Board had two speakers at the Public Hearing, one with positive comments and the other with negative comments suggesting changes. Mr. Aycock further noted the Planning Board did not have any objections to the proposed tower on the proposed, specific site, however noted concerns of the broad nature of the ordinance which would exempt any property in the county for any public entity. Mr. Aycock recounted the Planning Board taking two votes. The first vote would not recommend the original proposed amendment by staff and the second vote reflected a 5 to 0 to recommend the ordinance be limited in its applicability to read as follows: This ordinance or any other provision of the Person County Planning Ordinances shall not apply to wireless telecommunications towers or facilities owned and/or operated by the state of North Carolina on property owned by Person County located on Critcher Wilkerson Road and identified on the records of Person County as at Tax Map 118 Parcel 8. Vice Chairman Puryear asked Mr. Aycock to further explain the Planning Board’s concerns related to the original proposed amendment by staff. Mr. Aycock the concerns included exempting the entire county thereby authorizing the placement of a tower on county owned property in any location as well as applying to cell towers operated the state of North Carolina or any other public entity, i.e., City, an adjoining county. Mr. Aycock stated the Planning Board wanted some restrictions with the ability to review future projects. Mr. Aycock clarified there are no current plans by the state of North Carolina but possible future need to place an additional tower in the northern area of the county. Mr. Aycock confirmed the state of North Carolina would again have to request from Person County a similar text amendment for a specific location. A motion was made by Commissioner Blalock, seconded by Commissioner Kennington, and carried 5-0 to approve the request to amend the Wireless Telecommunications Facilities Ordinance as recommended by the Planning Board. September 6, 2011 5 September 6, 2011 6 September 6, 2011 7 September 6, 2011 8 September 6, 2011 9 September 6, 2011 10 September 6, 2011 11 September 6, 2011 12 September 6, 2011 13 September 6, 2011 14 September 6, 2011 15 September 6, 2011 16 September 6, 2011 17 September 6, 2011 18 September 6, 2011 19 September 6, 2011 20 September 6, 2011 21 September 6, 2011 22 PROPOSED SITE SELECTION FOR THE VIPER TOWER: County Manager, Heidi York stated with the approval of the Amendment to the Wireless Telecommunication Facilities Ordinance, the next step in the process of locating a VIPER tower in Person County is the site plan approval. Ms. York pointed out a concept of the site plan for locating the tower on the County-owned thirteen acre property located at Wesleyan and Critcher Wilkerson Roads noting the more specific, official site plan prepared by surveyors would be received and forwarded to the Board within the next few weeks. Mr. Marty Randall with the NC Highway Patrol added that after survey of the site, the NC Highway Patrol has determined that the tower height could be reduced from 480’ to 380’ due to the possible impact on historical areas of the county. Ms. York stated the closest property to the proposed tower site is 1000 feet. Ms. York noted there are 93 other counties have and use the VIPER system. Mr. Randall noted the huge benefit if the VIPER communications during the recent hurricane a couple of weeks ago. Mr. York noted the proposed location would place the tower in the upper corner of the property so not to infringe on any possible future building plans for that property. Ms. York clarified the process, if the Board supports the proposed site, is for the County Attorney and County Manager to work with the NC Highway Patrol on a draft lease agreement that would include the official site plan. Commissioner Kennington stated his preference to have the access road enter from Critcher Wilkerson Road. A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to approve the proposed site selection for the VIPER Tower as presented. NEW BUSINESS: RESOLUTION - FIREFIGHTERS WEEK IN PERSON COUNTY: By unanimous consensus of the Board, Chairman Clayton read and presented the adopted Resolution designating Firefighters Week in Person County to the following fire departments that had representatives present. Fire Inspector, Mark Jones will deliver the resolutions to the fire departments who did not have representation present. City of Roxboro Fire & Rescue Hurdle Mills VFD Moriah Fire & Rescue Triple Springs VFD Timberlake Fire & Rescue Ceffo Fire & Rescue Woodsdale VFD Allensville VFD Semora VFD September 6, 2011 23 September 6, 2011 24 RESOLUTION – PERSON COUNTY JOINING THE NATIONAL MOMENT OF REMEMBRANCE OF THE 10TH ANNIVERSARY OF SEPTEMBER 11TH: By unanimous consensus of the Board, all Board members participated in the reading of the adopted Resolution for Person County to join the National Moment of Remembrance of the 10th Anniversary of September 11th. September 6, 2011 25 September 6, 2011 26 September 6, 2011 27 MEDICAL DIRECTOR REPLACEMENT: Interim EMS Director, Penny Payne told the Board that Dr. James “Tripp” Winslow was appointed as the State Medical Director on June 1st at which time he stepped down as Person County’s Medical Director. Since then, Assistant Medical Director, Jim Johnson has been filling this role. Dr. Winslow recommended to the Board the appointment of Dr. Michael Ghim, also of Wake Forest University Physicians, to serve as Person County’s Medical Director. County Manager, Heidi York noted the contract for Dr. Ghim to serve as Person County’s Medical Director before the Board for approval is a two year period beginning, July 1, 2011 to June 30, 2013. The County agrees to pay the sum of $15,000 annually and the cost of automobile mileage incurred when performing medical director related duties. This amount will cover the services of medical direction and will also cover additional educational resources for Person County EMS employees at Wake Forest University Physicians including lectures, the high fidelity simulator, and cadavers for teaching labs. A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0 to employ Dr. Ghim to serve as Person County’s Medical Director by approval of the contract as well as thank Dr. Winslow for his service of duty. September 6, 2011 28 September 6, 2011 29 September 6, 2011 30 September 6, 2011 31 TOURISM DEVELOPMENT AUTHORITY (TDA) APPOINTMENT: Clerk to the Board, Brenda Reaves reported Mr. Herman Gentry as well as Ms. Bonnie Meeler expressed their continued interest in the Board consideration for the TDA appointment. Ms. Julie Maybee stated she could no longer be considered by the Board as she is not currently a Person County resident. A nomination was made by Vice Chairman Puryear, seconded by Commissioner Kennington to appoint Herman Gentry to the Tourism Development Authority. A nomination was made by Commissioner Blalock, seconded by Commissioner Kennington to appoint Bonnie Meeler to the Tourism Development Authority. TDA Director, Margaret McMann confirmed for the Board that Mr. Gentry was currently serving in his second term. Chairman Clayton requested the Board to vote by show of hands for the following: Bonnie Meeler (Chairman Clayton, Commissioner Kennington and Commissioner Blalock) Herman Gentry (Vice Chairman Puryear and Commissioner Jeffers) By majority vote, Bonnie Meeler was appointed to the Tourism Development Authority effective immediately to serve the current 3-year term that began January 1, 2011 that will expire December 31, 2013. September 6, 2011 32 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 Fund(s) listed below on this, the 6th day of September 2011, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 76,436 Transportation 7,349 REVENUES General Fund Intergovernmental Revenues 66,351 Other Revenues 17,434 EXPENDITURES Economic Catalyst Special Revenue Fund 500,000 REVENUES Economic Catalyst Special Revenue Fund Intergovernmental Revenues 500,000 Explanation: Appropriating the FY 2010 Homeland Security Grant received from the North Carolina Department of Crime Control and Public Safety for the purchase of a mobile generator ($45,534); received an insurance claim for vehicle damage to a PATS vehicle ($7,349); appropriating donation from United Way for the GREAT Summer Camp ($10,000); received United Way designation for the GREAT Program ($85); appropriating the Gang Violence Prevention Grant from the DJJDP ($15,459); amending the Law Enforcement Restricted Fund for Unauthorized Substance Tax ($5,358); and set up a new Special Revenue Fund called the "Economic Catalyst Fund" to record the grant from Golden Leaf for the equipment expense at Eaton Corporation ($500,000). CHAIRMAN’S REPORT: Chairman Clayton reported the Upper River Neuse Basin Association met last week to review applicants that will be doing the study on the Falls Lake and tributaries with a recommendation forthcoming. Chairman Clayton stated Mr. Jim Wrenn would be providing the Board an update at the next meeting related to the utility and storm water process with Granville County, Butner and Creedmoor. September 6, 2011 33 MANAGER’S REPORT: County Manager, Heidi York stated a potential date for the joint meeting with the Board of Education is October 17, 2011 following the morning Board meeting and asked each to check their calendars. Ms. York announced her office hours for five days a week with a full day on Monday, followed by four ½ days. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington reiterated his preference to have Mr. Ray Foushee involved with the veterans’ associations to ensure quality on the monuments as well as the Board’s voice. Commissioner Blalock read an excerpt of a letter received from Judge Galloway related to Drug Treatment Court noting their firm intention to continue. Chairman Clayton announced and congratulated Commissioner Ray Jeffers being elected as the new First Vice President of the North Carolina Association of County Commissioners as well as recognized the County Attorney, Ron Aycock being inducted into the North Carolina Association of County Commissioners Hall of Fame noting his great leadership and involvement with the association. Commissioner Jeffers stated he looks forward to serving the state association and thanked the Board and staff for their support in his seeking the First Vice President office. Vice Chairman Puryear inquired if there was any known weather damage from the storms this date. Interim EMS Director, Penny Payne stated there was none reported. Chairman Clayton announced there would be a Local Emergency Planning Committee meeting on September 14, 2011 at 10:00 a.m. at Piedmont Community College in Room L-101. Board members responded to the County Manager’s poll noting October 17, 2011 following the Board’s meeting would be a good opportunity for a potential joint meeting session with the Board of Education. Ms. York stated she would forward the request to the Board of Education for their consideration. September 6, 2011 34 ADJOURNMENT: A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear, and carried 5-0 to adjourn the meeting at 8:02 p.m. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman