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November 2 November 2, 2009 1 PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 2, 2009 MEMBERS PRESENT OTHERS PRESENT Johnny Myrl Lunsford Heidi York, County Manager Jimmy B. Clayton C. Ronald Aycock, County Attorney Kyle W. Puryear Brenda B. Reaves, Clerk to the Board B. Ray Jeffers Samuel R. Kennington The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, November 2, 2009 at 7:00 p.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. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Kennington, seconded by Commissioner Puryear, and carried to add a Closed Session to the agenda for the purpose of discussing personnel. A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear and carried to approve the agenda as adjusted. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Ms. Margaret Bradsher of 204 S. Morgan Street, Roxboro requested the Board to invest in education as the most important economic development investment noting it is number one on the list for businesses and industry seeking relocation. Ms. Bradsher proposed to the Board to match the request for the professional incentive package for recruitment with $3-5 million with the same for education to assure quality education in Person County as well as to attract business and industry. Ms. Leigh Hester Dickens, a current resident of Raleigh and a native of Person County stated she was dismayed to learn the methods by which the Person County Animal Shelter uses to kill animals and the ways the Shelter prevents adoptable animals from being saved. Ms. Lori Ann Long of 1666 Frank Whitfield Road shared her experience visiting the Animal Shelter noting the staff were unprofessional, rude and insulting and felt she was a target because of her affiliation with the Animal Protection Society (APS). Ms. Long submitted a volunteer form but did not hear back from the Shelter staff about volunteering. Ms. Long requested the county contract be honored and enforced. Ms. Debbie Clayton of 712 Oak Grove Road, Roxboro stated she was not called back after submitting her form to volunteer and commended APS for the service its provides to Person County. Ms. Ashtin Siddle of 2877 Morton Pulliam Road, Roxboro stated rescue group have been denied the chance to rescue animals and asked the Board to help the animals have a second chance to live. November 2, 2009 2 Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont reminded the Board of events related to the landfill noting the landfill business pays farm tax and not business tax to Person County. APPROVAL OF MINUTES: A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers, and carried to approve the minutes of October 19, 2009 and October 20, 2009. ADMINISTRATIVE REPORTS: A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, and carried to approve the Administrative Reports for the Airport, Detention Center, Tax Administration & Collections. COMMENTS FROM ANIMAL PROTECTION SOCIETY (APS) RELATED TO THE PERSON COUNTY ANIMAL CONTROL ORDINANCE: Commissioner Puryear stated the purpose to have this item on the agenda was to address concerns and issues that arose between the APS and the Animal Shelter to assure the ordinance is enforced. Commissioner Puryear asked Ms. Hannah Randall and Ms. Kelly Page to approach the Board. Ms. Hannah Randall gave the Board the following handouts for reference; 1) Guideline for Rescues Pulling Animals published by the Animal Shelter, 2) excerpt of the April 6, 2009 Board minutes, and 3) excerpt of the amended Person County Animal Control Ordinance highlighting section C. Ms. Randall stated the Animal Shelter had ignored the Board’s unanimously voted ordinance and made up its own rules which directly violate the ordinance, pointing out #2, 3, 5, 6, and 8 on the handout limit the rescue’s ability to rescue an animal and have nothing to do with the standard in the ordinance regarding public health and safety. Ms. Randall asked the Board to enforce the law that is in place. Ms. Kelly Page urged the Board to practice compromise and conflict resolution to find a workable solution for both groups. Ms. Page asked the Board to consider enforcing spay and neutering of pets through the process set up through the Tax Office so citizens are held accountable, to stop euthanasia and to empower Shelter staff with further training. Ron Shaw, Director of the Animal Shelter confirmed the Guideline for Rescues Pulling Animals was indeed the document the Shelter distributes after evaluation of animals. Commissioner Puryear requested review of the Guideline for Rescues Pulling Animals, minutes and the county ordinance for contradictions. Commissioner Jeffers stated the Animal Control Advisory Committee is currently working on suggesting possible revisions to bring to the Board possibly in December, 2009 to the county ordinance noting no revisions have been suggested for the recently amended Section 3. The County Manager, Heidi York stated she would inquire as to why volunteers are being turned away at the Animal Shelter. Ms. York noted the ordinance states the Animal Advisory Committee advises the County Manager and the County Commissioners so she deferred taking action regarding the guideline and ordinance issue by allowing the advisory committee to review and recommend changes, if appropriate. November 2, 2009 3 Commissioner Puryear commended and thanked APS for a fine job to help Person County with the animal population. It was the consensus of the Board to direct the County Manager and the County Attorney to review the Guideline for Rescues Pulling Animals to verify compliance with the county ordinance. REVIEW OF THE POTENTIAL PERSON AREA TRANSPORATION SYSTEM (PATS) PARKING LOT SITES: Mr. Gerald Lunsford, Person Area Transportation System (PATS) Director told the Board that other site locations for the PATS parking lot have been explored, as previously directed by the Board. Mr. Lunsford stated in his opinion the two most feasible options that remain are the old health department site on Barden Street and the residential location on Morgan Street noting both sites needed to have an existing structure demolished in order to accommodate the parking area required. The Barden St. location has a commercial building and lot in place and is zoned for commercial use by the City. The Morgan St. location is currently zoned residential and would require a conditional use permit for the parking lot to be constructed. Mr. Lunsford suggested proposing the style and type of fencing (i.e. color, height) and lighting, as well as proposed planting some type of tree barrier to accommodate the concerns of the neighbors related to the Morgan Street site. Mr. Lunsford’s recommendation was and has been the Morgan Street which has no planned official future use by the county. Commissioner Clayton suggested the county owned property located on Critcher- Wilkerson Road. Mr. Lunsford stated the site on the corner of Crither-Wilkerson and Wesleyan Heights Roads would not make economical sense to have the vehicles that far from the PATS office. Commissioner Jeffers inquired about the affects of the grant by switching sites. Mr. Lunsford stated he wanted the Board to select the site prior to asking in-depth questions to the affects of the grant by switching from his first proposed site. Commissioner Jeffers asked if the county could purchase land for this project and it was confirmed that land could not be purchased as the grant required the site to be located on county owned property. Chairman Lunsford stated agreement with Commissioner Clayton explaining of all the sites visited that are owned by the county, the most reliable site is the Critcher-Wilkerson Road location. Commissioner Kennington wanted to clarify if the present school bus garage is located on county owned property due to the funding financing. Assistant County Manager, Paul Bailey stated the property is county owned property that is leased to the Board of Education for the term of the financing period which approximately 28-30 years. The County Attorney, Ron Aycock confirmed for the Board that the Board of Education has exclusive use for the term of the lease and contractual provisions state full ownership reverts to the Board of Education at the end of financing/leased term. Commissioner Jeffers asked if the Board would be open to a public hearing regarding the Morgan Street property to hear from the residents. Chairman Lunsford noted his concern to use the Morgan Street property was due to possible need for expansion for the county office building and the fact the parking lot would be tied to federal funding regulations. November 2, 2009 4 A motion was made by Commissioner Kennington, seconded by Commissioner Clayton, and carried to direct the PATS Director to pursue the Critcher-Wilkerson Road site for the PATS parking lot to be funded with federal funds. HEALTH DEPARTMENT REQUEST FOR PHYSICAL THERAPIST II POSITION Ms. Janet Clayton, Health Department Director requested Board approval of a physical therapist II staff position explaining the Person County Health Department’s home health section offers in-home physical therapy services that has historically been provided through an independent contractor. Ms. Clayton stated the Health Department current physical therapy contract expenses are $99,404.57 annually which includes mileage charges at $3,200. Ms. Clayton recommended to the Board that by creating the staff position and requesting the use of a surplus vehicle, the Health Department could reduce expenditures by at least $6,015.91 annually. Ms. Clayton noted the Health Department currently provides office space, telephones, and various office supplies to the contract staff; therefore, there would not be an increase in support costs. Current Contract Expenses $99,404.57 Proposed Expenses Salaries and Fringe $91,638.66 Travel (gas, insurance) 1,750.00 Total $93,388.66 Approximate Savings $6,015.91 Ms. Clayton stated if the position was approved by the Board, she requested to amend the Health Department current budget by transferring funds currently budgeted in contracted services to the appropriate salary and fringe line items. A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers, and carried to approve the physical therapist II staff position as well to amend the Health Department current budget by transferring funds currently budgeted in contracted services to the appropriate salary and fringe line items. November 2, 2009 5 BOARDS AND COMMITTEE APPOINTMENTS: Clerk to the Board, Brenda Reaves presented the Board with citizen’s applications for consideration of appointment to various boards and committees noting boards and committee vacancies were advertised in The Courier Times on September 16, 2009 with an advertised deadline to submit applications by October 20, 2009. - Adult Care Home Community Advisory Committee 1-Year Initial Term; 3-Year Reappointment: 2 positions available 1) Nancy Cates - Home Health and Hospice Advisory Committee 3-Year Term: 1 position each representing: **Person Memorial Hospital 1) Wanda Barefoot, RN **Physician, No applications were received. **Piedmont Community College No applications were received. - Nursing Home Advisory Committee 1-Year Initial Term; 3-Year Reappointment; 3 positions available 1) Nancy Cates - Roxboro/Person County Human Relations Commission 3-Year Term; 1 Position Available for a county resident 1) Ronald F. Dunevant, Jr. requested reappointment - Region K Aging Advisory Council Millard Thacker, Chair of Regional Aging Advisory Council and Herb Harris, Regional Aging Advisory Nominating Committee Chair requested by letter, Board consideration to rescind Melinda Hudson and Janie Bradsher’s appointment to the Region K Aging Advisory Council. A motion was made by Commissioner Puryear, seconded by Commissioner Kennington, and carried to appoint Nancy Cates to the Adult Care Home Community Advisory Committee or the Nursing Home Advisory Committee or both if the applicant so agreed, Wanda Barefoot to be appointed to the Home Health and Hospice Advisory Committee representing Person Memorial Hospital, and to reappoint Ronald Dunevant, Jr. to the Roxboro/Person County Human Relations Commission. A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, and carried to rescind Janie Bradsher’s appointment to the Region K Aging Advisory Council due to excessive absences as well as to check on the rule related to the request to rescind Melinda Hudson’s appointment. November 2, 2009 6 CHAIRMAN’S REPORT: Commissioner Lunsford had no report. MANAGER’S REPORT: County Manager, Heidi York had no report. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington reminded the Board and the community that on Thursday, November 5, 2009 at 12 noon, the first Executive Committee meeting of the Person County Futures Strategic Plan will be held at Vesuvios 2 restaurant noting invitations have been sent to all those on the committee. The overall or full committee meeting will be held on Monday, November 9, 2009 from 7:00-9:00 p.m. in the FEMA Room at the Health and Human Services Building. Commissioner Kennington stated Liza Pratt will be arriving in Person County on Wednesday, November 4, 2009 and will be present for both meetings. Commissioner Puryear had no report. Commissioner Clayton told Commissioner Kennington he had previous scheduled committee meetings on both the dates for the Futures Strategic Plan meetings as announced but would do his best to attend if possible. Commissioner Jeffers stated he attended the NC Graduation Summit noting input from various groups in Person County to complete an action plan with dialogue from excellent speakers of which he learned a lot. CLOSED SESSION: A motion was made by Commissioner Puryear, seconded by Commissioner Kennington, and carried for the Board to enter into Closed Session at 8:03 p.m. following a five-minute break. A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear, and carried to return to open session at 8:38 p.m. ADJOURNMENT: A motion was made by Commissioner Jeffers, seconded by Commissioner Kennington, and carried to adjourn the meeting at 8:39 p.m. _____________________________ ______________________________ Brenda B. Reaves Johnny Myrl Lunsford Clerk to the Board Chairman