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May 18 May 18, 2009 1 PERSON COUNTY BOARD OF COMMISSIONERS MAY 18, 2009 MEMBERS PRESENT OTHERS PRESENT Johnny Myrl Lunsford Heidi York, County Manager Jimmy B. Clayton Kyle W. Puryear Brenda B. Reaves, Clerk to the Board B. Ray Jeffers - ABSENT Samuel R. Kennington The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, May 18, 2009 at 9:00 a.m. in the Commissioners’ meeting room in the Person County Office Building. Chairman Lunsford called the meeting to order and asked Commissioner Clayton to lead in prayer and Commissioner Kennington to lead the Pledge of Allegiance. Commissioner Jeffers was absent for the May 18, 2009 meeting. PUBLIC HEARING: AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FEDERAL TRANSIT CAPITAL ASSISTANCE SECTION 5311 NON-URBANIZED GRANT APPLICATION TO BE SUBMITTED TO THE NC DEPARTMENT OF TRANSPORTATION: A motion was made by Commissioner Puryear, seconded by Commissioner Clayton and carried to open the public hearing to consider the American Recovery and Reinvestment Act of 2009 Federal Transit Capital Assistance Section 5311 Non- Urbanized Grant Application to be submitted to the NC Department of Transportation. Person Area Transportation Administrative Support Assistant, Rhonda Long requested approval of the American Recovery and Reinvestment Act of 2009 Federal Transit Capital Assistance Section 5311 Non-Urbanized Grant Application to be submitted to the NC Department of Transportation. Ms. Long noted the allocation of grant funds would be 100% federally funded, requiring neither local match nor a match from the NC Department of Transportation. No citizens spoke in favor or in opposition at the public hearing. A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and carried to close the public hearing. May 18, 2009 2 A motion was made by Commissioner Clayton, seconded by Chairman Lunsford and carried to approve the American Recovery and Reinvestment Act of 2009 Federal Transit Capital Assistance Section 5311 Non-Urbanized Grant Application to be submitted to the NC Department of Transportation as presented. Capital Budget Summary: Requested Approved Replacement Vehicles $31,350 $31,350 Expansion Vehicles $0 $0 Associated Capital $0 $0 Facility Improvements $231,685 $231,685 Facility Construction $0 $0 Advanced Technology $0 $0 Preventive Maintenance $31,000 $31,000 Mobility Maintenance $0 $0 Grand Total ARRA Capital $294,035 $294,035 DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and carried to approve the agenda. INFORMAL COMMENTS: Sheriff Dewey Jones announced the Sheriff’s Department has applied for a 2009 Justice Assistance Grant from the U.S. Department of Justice in which the State receives 60% and local law enforcement receives 40% of funds allocated requiring no local match of funds. Person County is eligible for $46,438 to be used to update and/or replace equipment however; this allocation cannot be used to supplement current funds. Mr. Al Hancock, of 187 Ellis Pleasant Drive, Leasburg, stated he is the Commander of the Person County Chapter #72 of Disabled American Veterans and spoke on behalf of Person County Veterans strongly disagreeing with the elimination the Veterans Service Officer as proposed by the County Manager for Fiscal Year 2009-2010. APPROVAL OF MINUTES: A motion was made by Commissioner Puryear, seconded by Commissioner Clayton, and carried to approve the minutes of May 4, 2009. ADMINISTRATIVE REPORTS: A motion was made by Commissioner Puryear, seconded by Commissioner Clayton, and carried to approve the Administrative Reports for the Airport, Detention Center, Emergency Medical Services and Inspections. May 18, 2009 3 CONSIDERATION FOR RENEWAL OF THE HYCONEECHEE REGIONAL LIBRARY CONTRACT FOR 2009-2010: Ms. Lucinda Munger, Hyconeechee Regional Library Director appeared before the Board to request renewal of the contract agreement between the Hyconeechee Regional Library System and the counties of Caswell, Orange, and Person. Ms. Munger noted the Hyconeechee Regional Library System is currently in a contract agreement with the counties of Caswell, Orange, and Person and the renewal of the contract for the fiscal year 2009-2010 reflects no change in the content of the current 2008-2009 contract. Ms. Munger further noted that State aid funds anticipated for Person County in the amount of $117,590 in 09-10 are the source of funding under which the regional office responsibilities are executed. A motion was made by Commissioner Puryear, seconded by Commissioner Kennington, and carried to approve the renewal of the contract agreement between the Hyconeechee Regional Library System and Person County. Hyconeechee Regional Library System P.O. Box 8181 Hillsborough, NC 27278 (919) 245-2528 CONTRACT This CONTRACT, made this the 1st day of July, 2009 is by and between the Hyconeechee Regional Library System, herein after referred to as the (Regional System), and the Counties of Orange, Person and Caswell (Counties); WITNESSETH: WHEREAS, The Regional System is organized within the framework of the North Carolina General Statutes, Chapter 160A, Article 20, Part 1 and, WHEREAS, the purpose of the original Regional System is to provide for the administration of library services within the region which consists of the Counties of Orange, Person, and Caswell and; WHEREAS, The Regional System desires to have the libraries currently operating within the Regional System to function as County departments within the county of location of each respective library and, May 18, 2009 4 WHEREAS, the Counties of Orange, Person and Caswell have expressed a willingness to allow the libraries to function as County departments; NOW, THEREFORE, in consideration of the mutual promises and convenants contained herein, the Regional System and the Counties of Orange, Person and Caswell agree as follows: 1. Purpose- This contract is to provide for the operation of each library located in the system as a department of the County of location and to provide for the assignment of fiscal management functions related to the Regional System’s assets to the Orange County Financial Services Director. 2. Responsibilities of the Regional System - The Regional System will remain organized with the statutory framework referred to above and it shall be the duty of the Regional System to: A. Maintain a Board of Directors consisting of nine (9) members with three representatives from each participating County. B. Meet at least once per quarter and conduct special meetings as required for transaction of Regional System business. C. Designate the Orange County Library as the Regional System Headquarters and the Orange County Financial Services Director as Regional System’s Fiscal Agent. D. Adopt an annual balanced budget no later than May 31st for all regional funds received from North Carolina Department of Cultural Resources and for all other grants and/or donations received from agencies or individuals for Regional System purposes. This budget must include appropriations to each County within the region for library operations. The County appropriations will be divided by three and disbursed evenly. Regional expenses such as personnel, operations and fiscal service fees, will be charged back evenly to each County. Funds appropriated to the Counties cannot be reduced without the approval of the Boards of Commissioners for each County. E. Insure that all regional reporting requirements to the State and Federal governments, as well as, any and all other grantors are met. F. Insure that all existing and future Regional System materials and assets are made available for use throughout the region. 3. Responsibilities of the Counties - It shall be the duty of the County to: A. Operate the libraries under the same rules, regulations, ordinances and any and all other procedures under which the departments of the Counties are required to operate. 3. Responsibilities of the Counties – Continued B. Insure that all Library employees are treated as employees of the respective Counties and receive compensation and benefits packages accordingly. May 18, 2009 5 C. Prepare quarterly reports for the Regional System to include information pertinent to library operations and expenditure of regionally appropriated funds and make all library records available for inspection by the Regional System or its respective at all reasonable times. D. Insure that disbursements made on behalf of the libraries from State, Federal and other restrictive sources are in accordance with all required provisions. 4. Responsibilities of the Fiscal Agent and Financial Officer - The Fiscal Agent and Financial Officer for the Regional System will be the Finance Director of Orange County and it shall be his or her duty to: A. Provide accountability for the Regional System’s financial assets in accordance with generally accepted accounting principles and the Local Government Budget and Fiscal Control Act. B. Receive, deposit, disburse and invest the Regional System’s funds in accordance with the guidelines contained in section 4-A above. C. Prepare monthly financial statements for the Regional System and present these statements to the Regional Director. D. Insure that Regional System funds are audited annually as required within the guidelines contained in Section 4-A above. E. Insure that all fiscal reports required by grantor agencies are prepared and submitted on a timely basis. 5. Term, Termination and Renewal - This Contract is for the period July 1, 2009 through June 30, 2010. This Contract may be terminated by either party with six months notice prior to June 30. This Contract may be renewed annually for July 1 through June 30 fiscal years by action of the Regional System Board of Directors and by the Board of County Commissioners for the Counties. ___________________________________ ______________ Caswell County Commissioner Date ___________________________________ ______________ Person County Commissioner Date ___________________________________ ______________ Orange County Commissioner Date May 18, 2009 6 CONSIDERATION OF A RESOLUTION DELAYING THE EFFECTIVE DATE OF A REAPPRAISAL OF PROPERTY IN PERSON COUNTY: Tax Director, Russell Jones told the Board the current real estate market is unstable and sales are still slow. Mr. Jones stated a delay in the revaluation from January 2, 2010 to January 1, 2011, should allow time for the market to adjust, and the county/taxpayer will not be locked in to a value that is incorrect (either too high or too low) until the next revaluation cycle noting values can only be adjusted for market reasons during a revaluation cycle. Mr. Jones explained the current assessment rate (2005 values) is 95%, based on a sales ratio randomized sampling. The sales ratio is the comparison of actually sales price and the tax value. This indicates that our 2005 values, on average, are only off by 5% noting values are higher today than they were in 2005; however there has been a recent decline in values. Mr. Jones stated a revaluation is not needed at this time, since values are so close to current market value. Equalization occurs when our sales ratio falls below 90% in either a 1st, 5th, or 7th year of the revaluation cycle. Since this will be the 6th year of the revaluation cycle, equalization is not an issue. This issue is the one of the main reasons that Person County changed to a shorter cycle back in the 80’s. Mr. Jones stated the sales ratio has been audited by the North Carolina Department of Revenue and found to be accurate and recommended delaying the revaluation so that the taxpayers are allowed to keep the 2005 tax values for another year and to alleviate some of the uncertainty concerning property tax bills. A motion was made by Commissioner Kennington, seconded by Commissioner Clayton, and carried to adopt the Resolution delaying the effective date of a reappraisal of property in Person County. May 18, 2009 7 May 18, 2009 8 REQUEST APPROVAL OF PROPOSED PLANNING FEE INCREASES: Planning and Zoning Director, Paula Murphy requested the Board to review and approve the proposed fee increases noting zoning fees have not been increased since September 1, 2002. Ms. Murphy asked the Board to consider items such as rezoning, special use permits, text amendments, etc., that require a minimum of four public hearing advertisements at a typical average cost of $45 per ad, as well as mailing notices to surrounding property owners (from 2 to over 100) are required not mentioning the time spent by staff, the County Attorney, the Planning Board and the County Commissioner’s. Ms. Murphy noted reports have to be completed, copies made and mailed, involving long distance phone calls and site visits to the property. Ms. Murphy feels the County is currently losing money with the current rezoning fee of $150. Ms. Murphy researched surrounding counties and each is distinctly different. Many counties charge a flat fee for a service but then add additional charges either per acre, per unit in addition to charging advertising fees, public notice fees, technology fees, etc. noting the information in the list of surrounding counties illustrates the charges but does not show the actual cost of the additional fees for the extra services. Ms. Murphy stated many counties are considering fee increases and feels that it is proper that the person requesting services should bear the burden of the cost and not the tax payers. May 18, 2009 9 May 18, 2009 10 A motion was made by Commissioner Kennington, seconded by Commissioner Clayton, and carried to approve the Planning and Zoning Fee Schedule fee increases as presented to be effective immediately. May 18, 2009 11 BOARD AND COMMITTEE APPOINTMENTS: Clerk to the Board, Brenda Reaves requested Board consideration for citizen applications received in response to an advertisement on April 1, 2009 for current board and committee vacancies. The boards and committees that had no response will be re- advertised. Applications presented for consideration for Board appointment are as follows: Animal Control Advisory Committee Unspecified Term: 1 Citizen At Large Position Available Cathy Williams reapplied for the vacant seat. A motion was made by Commissioner Puryear, seconded by Commissioner Kennington, and carried to appoint Cathy Williams to the citizen at large position on the Animal Control Advisory Committee for an unspecified term. Home Health and Hospice Advisory Committee 3-Year Term: 1 position designated for a Nurse Carolyn Turner is requesting reappointment and has served on this committee for many terms. A motion was made by Commissioner Clayton, seconded by Commissioner Puryear, and carried to reappoint Carolyn Turner to the Home Health and Hospice Advisory Committee seat designated for a nurse. Juvenile Crime Prevention Council 1 position available for a person under the age of 21 for an initial one year term. Applications were received from Deondre J. (“DJ”) Lester and Joseph Dale Parrish. By show of hands, Commissioners Kennington and Chairman Lunsford voted in favor of Deondre J. (DJ) Lester and Commissioners Puryear and Clayton voted in favor of Joseph Dale Parrish thereby ending in a tie. After Board discussion, it was the consensus of the Board to delay this appointment until the next regular scheduled Board meeting on June 1, 2009. REQUEST TO SET A DATE AND TIME FOR UPCOMING COMPETITIVE BOARDS AND COMMITTEES’ INFORMAL INTERVIEWS: Clerk to the Board, Brenda Reaves requested the Board to schedule a date and time to hold the informal interviews for applicants of competitive boards and committees resulting from June 30, 2009 term expirations. Ms. Reaves recommended holding the informal interviews at 5:30 p.m. on July 6, 2009, prior to the regular scheduled meeting at 7:00 p.m. May 18, 2009 12 It was the consensus of the Board to hold the informal interviews for the competitive boards and committees on July 6, 2009 at 5:30 p.m. prior to the regular scheduled meeting at 7:00 p.m. BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Commissioner Clayton , and a second by Commissioner Kennington and majority vote, the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 18th day of May 2009, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 40,601 Culture and Recreation 20,370 Human Services 43,707 Person Industries Fund 496 REVENUES General Fund Intergovernmental Revenues 90,653 Other Revenue 21,715 Fund Balance Appropriated (7,690) Person Industries-Special Revenue Fund Intergovernmental Revenues 496 Appropriate: NC OneMap Framework Orthophotography Imagery Cost-Share Program funds ($7,690); donations to the Recreation, Arts & Parks ($21,715); Rural Operating Assistance Program (ROAP) funds received for the transportation costs associated with the Rural Grant Program ($5,137), the Council on Aging ($14,825), the Chrysallis Foundation ($13,785), Group Homes ($8,096), DSS WorkFirst Program ($1,864), and Person Industries ($496); further reductions in the State Grant for the Public Library (-$1,345); and GREAT Grant funds for 2008 ($40,601). PRESENTATION OF THE FISCAL YEAR 2009/2010 PROPOSED BUDGET: County Manager, Heidi York gave the Board an overview of the Fiscal Year 2009/2010 Proposed Budget. May 18, 2009 13 May 18, 2009 14 May 18, 2009 15 May 18, 2009 16 May 18, 2009 17 May 18, 2009 18 May 18, 2009 19 May 18, 2009 20 May 18, 2009 21 May 18, 2009 22 May 18, 2009 23 May 18, 2009 24 County Manager, Heidi York requested the Board to schedule at least three budget work sessions. The consensus of the Board was to meet on May 28, 2009, at 6:30 p.m. with an informal public comment 10-minute period with the main topic of discussion to be the functional area of services affecting by the position cuts. The second budget work session will be held on June 2, 2009 at 6:30 p.m. and the third budget work session will be held on June 8, 2009 at 9:00 a.m. CHAIRMAN’S REPORT: Commissioner Lunsford thanked the County Manager for her presentation as well as County Staff for their work and input assisting the County Manager prepare the proposed budget. MANAGER’S REPORT: There was no further report from the County Manager. COMMISSIONER REPORT/COMMENTS: Commissioner Clayton had no report. Commissioner Puryear thanked the County Manager for her effort in presenting a proposed budget that is balanced and reiterated to the citizens that this proposed budget is a recommendation to the Board with options for discussion. Commissioner Kennington gave the group an update on the effort toward developing a Person County Strategic Plan. Commissioner Kennington stated he had contacted Person County native, Randy Hester, Professor at the University of California at Berkley. Professor Hester offered four graduate students to work on this project, who have pulled together statistical information and developed plans that can viewed after the meeting in the County Manager’s office. The four graduate students will be visiting Person County and holding a Person’s Futures Conference on July 1, 2009 at 10:00 a.m., at City Hall where they would like to interview a minimum of 25 people program questions related to a sense of community. Commissioner Kennington asked each commissioner to plan to attend as well as to solicit 5 people each that would be willing to be interviewed. RECESS: A motion was made by Commissioner Clayton, seconded by Commissioner Puryear, and carried at 10:30 a.m. to recess the meeting until May 28, 2009 at 6:30 p.m. _____________________________ ______________________________ Brenda B. Reaves Johnny Myrl Lunsford Clerk to the Board Chairman