October 19
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 19, 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, October 19, 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.
RECOGNITION OF THE PUBLIC WORKS DEPARTMENT FOR RECEIVING
THE PUBLIC SECTOR STAR WORKSITE AWARD:
County Manager, Heidi York along with the Board recognized the Public Works Department for their commitment to safety in the workplace. Ms. York informed the
Board that the Occupational Safety and Health Division of the North Carolina
Department of Labor awarded the Public Sector Star Worksite Award to the Person
County Public Works Department. The Public Sector Star Worksite Award recognizes
state agencies and local governments that are self-sufficient in their ability to control hazards at their worksites through excellence in site-specific occupational safety and
health programs. The STAR Programs emphasize the importance of comprehensive
worksite safety and health management programs in meeting the goal of the OSHA Act
which is to assure safe and healthful working conditions for working men and women.
Star worksites serve as models for effective safety and health programs in their
industries. Moreover, Star worksites have demonstrated workers’ compensation cost
reductions, reduced employee turnover, and made quality improvements, demonstrating
that productivity, quality, and safety are complementary outcomes. There are currently
120 Star companies in North Carolina, with twelve of those being Public Sector Star recipients. When Public Works originally became a Public Sector Star Site in 2006, they
were the fourth in the state. Every three years the Department of Labor sends
representatives for on-site evaluation of the department policies and facilities as part of
the recertification process. An on-site evaluation was conducted and Public Works
received confirmation on September 10, 2009 that Commissioner of Labor, Cherie K. Berry has approved Public Works’ continued participation in the Star Program. Ms.
York recognized the Public Works Department under the leadership of David Rogers,
Director. Ms. York presented the award to the Public Works Safety Officer, Rebecca
Morrow.
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Chairman Lunsford along will all members of the Board congratulated the efforts
of all staff of the Public Works Department.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers and carried to approve the agenda.
INFORMAL COMMENTS: The following individuals addressed the Board during the informal comment
period:
Mr. Patrick Riley of 256 Hicks Yarboro Road, Roxboro, spoke in opposition to actions on general issues taken by the Board.
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont, spoke of the tombstones and
graveyard disappearances as well as rerouting of the streams near the current landfill.
Ms. Frances Blalock of 1504 Surl Mt. Tirzah Road, Timberlake, requested the
Board to postpone or delay any Board action related to the landfill until questions of the
citizens can be answered.
Ms. Kay Reynolds of 74 Allegheny Drive, Roxboro, stated she was not proud of Person County and felt criteria had not been met on the landfill issue to vote yes.
Ms. Faye Boyd of 69 Foxwood Drive, Timberlake, referenced the public hearing
held on September 21, 2009 and requested the Board to be forthright on the issues, to
explain votes, and to deny Republic the updated franchise ordinance.
APPROVAL OF MINUTES:
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to approve the minutes of October 1, 2009and October 5, 2009.
ADMINISTRATIVE REPORTS:
Commissioner Kennington recognized the fact the Inspections’ report illustrated
the figures being behind those of a year ago.
Commissioner Kennington acknowledged the Public Library’s effort to show a
comparison of usage to a year ago noting participation has increased even in a time when
the hours at the Library have been reduced.
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Commissioner Kennington inquired if surplus vehicles were advertised in The
Courier-Times. Assistant County Manager confirmed surplus vehicles are placed on Gov
Deals for a period of two weeks and are not advertised in The Courier-Times.
Commissioner Kennington requested the County Manager to review the possibility of advertising surplus vehicles in The Courier-Times and consider if it would be
advantageous for the County. The County Manager, Heidi York agreed to bring the
Board cost estimates to advertise the surplus vehicles in the local newspaper. Chairman
Lunsford commended the process by which surplus vehicles are transferred to other
departments thus saving the county money.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Puryear, and carried to approve the Administrative Reports for Inspections, Public
Library and Surplus Vehicles.
SECOND READING TO CONSIDER ADOPTION OF THE AMENDED SOLID WASTE FRANCHISE ORDINANCE:
A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear to approve adoption of the amended Solid Waste Franchise Ordinance.
Chairman Lunsford, Commissioners Jeffers and Puryear stated their support of
the amended Solid Waste Franchise Ordinance was clearing up a technicality of a
previous Board’s action and working with a Person County business.
Commissioners Clayton and Kennington voiced opposition to amending the Solid
Waste Franchise Ordinance and by doing so enabled the next step of negotiating a new
contract which may include increased tonnage and/or expansion.
A motion to table was made by Commissioner Kennington, seconded by
Commissioner Clayton tabling adoption of the amended Solid Waste Franchise
Ordinance until all questions are answered, all implications are addressed, all options for
solid waste disposal are discussed and the future long range plan with all options for the future of Person County are explored. The motion to table failed by vote of 2/3.
Commissioners Lunsford, Jeffers and Puryear voted in opposition to the motion to table.
Commissioner Puryear called the question. The motion to approve adoption of the amended Solid Waste Franchise Ordinance passed by majority vote of 3/2. Chairman Lunsford, Commissioners Jeffers and Puryear voted affirmative while
Commissioners Clayton and Kennington voted in opposition.
STATE BUDGET REDUCTIONS TO MENTAL HEALTH SERVICES: County Manager, Heidi York told the Board that approximately $75 million
dollars have recently been cut from State mental health/ developmental
disabilities/substance abuse services as well as reductions in Medicaid rates and services.
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Ms. York stated these cuts translated into $2,250,518 in cuts to the state funds available
for services in Orange, Person, and Chatham Counties (OPC). These cuts represent
approximately 21.5% of OPC’s non-crisis state service funding and limit the amount of
state dollars available to serve adults and children who do not have health insurance, but are in need of mental health, developmental disabilities, and substance abuse services.
Ms. York told the Board that the Governor of NC has decided to return approximately
$15,000,000 to mental health services. Ms. York asked Ms. Judy Truitt, Director of OPC
Area Program, to share with the Board the impacts that these budgetary cuts could have
on Person County’s service providers.
Ms. Truitt confirmed OPC’s share of the reduction for funding for mental health,
development disability and substance abuse services would indeed impact Person County
programs Person Industries, Person County Group Homes, as well as the outpatient
treatment providers: Triumph and Freedom House. Ms. Truitt stated $482,066 of funding was restored by the Governor’s action in which OPC would restore 5% of funding to
Person Industries as well as provide additional funding to Person County Group Homes,
Triumph and Freedom House. Ms. Truitt told the Board that a contract had been recently
negotiated with Sheriff Jones to designate a small amount of funding into the jail system
to either pay for medications, to stabilize individuals, to assist funding for an assessment by a consultant or psychologist evaluation.
By reference, Ms. Truitt gave the Board members documents that are available on
the OPC web site that includes: 1) Questions & Answers, and 2) Narrative that addresses
where the cuts were applied and the reasoning behind those decisions.
Ms. Truitt cautioned the Board that more state funding cuts may be on the horizon
especially for the next fiscal year and OPC is very conservatively attempting to have
adequate resources to provide the basic core services as well as minimize the impact in
the community.
Ms. York estimated the impact to Person Industries would be approximately ten
slots to be eliminated prior to receiving the restoration of funding.
Chairman Lunsford thanked Ms. Tuitt for the update.
PERSON COUNTY COMPREHENSIVE TRANSPORTATION PLAN UPDATE/
CAPACITY DEFICIENCIES: County Manager, Heidi York stated Mark Eatman, Transportation Engineer 1 and
Kerr-Tar RPO Coordinator for the NC Department of Transportation (DOT) was present
to give the Board an update on the progress of the Comprehensive Transportation Plan
(CTP) as well as show capacity problems in Person County.
Mr. Eatman gave the Board the following presentation.
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Capacity Deficiencies Maps
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Commissioner Kennington inquired how the traffic counts on 501N near Shiloh
Church Road would be affected by becoming a future four-land road. Mr. Wally
Bowman of NC DOT explained the prioritizing process stating data such as traffic counts
would be considered when all roads are ranked which should be completed by the end of
this year. A funding source would then be sought for the top priority projects that would be scheduled for construction during years 6 and 7 in the plan.
Commissioner Kennington asked if the actual traffic count could be added to the
illustration on the maps. Mr. Eatman said he would revise and send to the County for
distribution.
Chairman Lunsford thanked the NC DOT representatives for the update.
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REVIEW OF PERSON AREA TRANSPORTATION ADVISORY BOARD
APPLICATIONS FOR APPOINTMENT:
Person Area Transportation System (PATS) Director, Gerald Lunsford presented the Board with advisory board applications in the categories required to provide the
PATS with the necessary representation according to FTA regulations. Mr. Lunsford
requested Board approval of the applicants to serve an unspecified term in the designated
categories.
1. Craig Thomas represents Non-profit and Veterans Admin.
2. Corlis Green represents DBE Businesses and volunteers
3. John Gentry, Jr., represents Ambulance Service and County Government Staff
4. Winston Nelson, Sr., represents faith based services and public citizens
5. Lisa Jeffreys represents vocational rehabilitation, transit users and government staff
6. Sandra Hicks represents senior services, non-profit organizations and volunteers
7. Paul Murray represents EDC
8. Lucinda Clay represents Community College
9. Ben Wade represents Faith Based and general public
10. Charletta Pulliam represents Housing Authority
11. Melinda Hudson represents DSS, employment and LEP
12. LeighAnn Creson represents Health Dept. and LEP
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers and carried to approve applicants presented for appointment to the Person Area Transportation Advisory Board for an unspecified term in the categories noted for the
required representation according to FTA regulations.
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COUNTY RESPONSIBILITY FOR PROBATION OFFICES:
County Manager, Heidi York informed the Board that the State budget adopted by
the General Assembly included a special provision that shifts the funding responsibility for Probation Offices from the State Department of Correction (DOC) to county
governments. The new provision is as follows:
Ms. York stated Person County currently provides space to seven probation
officers in the County Courthouse. However, there are an additional eight officers that
work out of 2494 sq. feet of leased office space known as the Walker Building located at
722 Durham Road, Roxboro under a lease agreement between Mr. W. Barry Walker and the State Department of Correction. Under the new legislation, the County will now need
to assume responsibility for the current lease or provide alternate space for these eight
officers. The term of this lease is three years: November 1, 2007 terminating October 31,
2010. Rent is $24,500 or $2,041 a month including utilities ($9.84 per sq ft). This does
not include janitorial service which according to the new law, the county will have to provide as well.
Ms. York outlined the following four options for Board consideration:
1. County has space available or county decides to lease space from another private vendor (county decides not to “take over” the existing lease):
-Department of Correction (DOC) will be responsible for moving employees to
the new space selected by the county, telephone and data lines, and for providing
furniture and supplies. The county will also be responsible for utilities and
janitorial services. Ms. York stated the county does not have nor has she identified space available for this option.
2. County decides to work with the current private vendor to “take-over” the existing
lease:
- County will also be responsible for utilities and janitorial services.
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3. County decides to request that DOC continue paying the least payments to the
current private vendor and reimburse DOC:
-County will also be responsible for utilities and janitorial services.
-DOC will develop a reimbursement procedure which will take the lease amount out of the County’s jail remittance funds.
4. The County will reimburse the state monthly for the costs of the lease and the
DOC will continue to administer the lease.
Ms. York stated she would find out if the county could provide the janitorial services or if reimbursement would be required, and if so, the amount of such.
Ms. York recommended option 4 whereby Person County would not become a
party of the lease but reimburse DOC until the term of the lease noting it is a short-term
solution because the lease will expire in one year. Ms. York stated discussions have taken place regarding the possibility of accommodating the eight additional officers in the
Person County Courthouse when the renovation moves forward in which case the
architect would have to amend the design drawings. Mr. David Rogers stated the
renovation project would not be delayed if the decision to amend the design drawings
was made soon.
Ms. York noted the state outlined the standards for the county to adhere in
providing space noting the higher positions get higher square footage size office as well
as the county would need to provide a training/conference room, a secured storage room,
kitchenette, computer equipment and a copy/fax/file room.
Ms. York noted Person County must communicate its decision to the State by the
end of October, 2009, so that paperwork can be completed with the changes being
effective December 31, 2009.
The Board allowed District Attorney Joe Brewer to provide input. Mr. Brewer
stated the Courthouse does not have an appropriate jury room as the previous jury room
was dismantled and that space was given to probation. Mr. Brewer recommended
reducing the number of probation officers at the Courthouse. Mr. Brewer invited the
Board members to visit the Courthouse and suggested the Commissioners consider going to Washington DC or send a delegation to advocate for stimulus funding to proceed with
the renovations of the Courthouse.
A motion was made by Commissioner Puryear, seconded by Commissioner Kennington and carried to approve option 4 as presented whereby the County will
reimburse the state monthly for the costs of the lease and the DOC will continue to
administer the lease as well as direct the County Manager to research long term solutions
for probation office space to recommend to the Board.
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Commissioner Kennington requested the County Manager to consider as an
option the county property located at Barden Street for the probation office space,
inquiring what would need to be done to bring into compliance. Commissioner
Kennington echoed Mr. Brewer’s suggestion to send Chairman Lunsford, Mr. Brewer, the County Manager, and the County Engineer to Washington, DC to request stimulus
funding for the Courthouse project. Chairman Lunsford stated the County Manager
could bring options to the Board for further consideration.
BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following
Budget Amendment.
Upon a motion by Commissioner Clayton, and a second by Commissioner Jeffers and majority
vote, the Board of Commissioners of Person County does hereby amend the Budget of the
General Fund(s) on this, the 19th day of October 2009, as follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 90,412
Human Services 171,331
Environmental Protection (200)
Cultural and Recreational 11,142
REVENUES General Fund
Intergovernmental Revenues 252,978
Other Revenues 19,707
Appropriate: New 100% funded smart start grant received through Partnership for Children called
Very Important Parents("VIP") ($71,350); United Way donations ($4,850) and other
miscellaneous donations ($2,515) for the Sheriff's Department; donations for Animal Control ($900); reduction in the Soil & Water District Grant from the State (-$200); donations received in
the Recreation Department from the P.C.Tourism Development Authority ($875) and other
miscellaneous donations ($10,267); funds received in the Restricted Local Law Enforcement Fund ($10,797); and various DSS program adjustments ($171,031) and a DSS donation received
($300).
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CHAIRMAN’S REPORT:
Chairman Lunsford had no report.
MANAGER’S REPORT: County Manager, Heidi York reminded the Board of the following meetings:
o A work session following the regular business this date. o Board of Education meeting this date at 6:30 p.m. for a decision on the
PATS parking lot.
o Joint Session Meeting with Roxboro City Council on October 20, 2009 at
noon to be held in the FEMA Shelter Room. o A special meeting to discuss economic development issues on October 26, 2009 at 6:30 p.m. in the Commissioner Room.
COMMISSIONER REPORT/COMMENTS:
Commissioner Kennington requested Board consideration to go into Closed Session to obtain advice from the County Attorney related to contractual issues.
Commissioner Puryear had no report.
Commissioner Jeffers commended Derek Day for his willingness to take on the administration of the VIP program that was previously coordinated by the Board of
Education.
Commissioner Clayton stated he would be unable to attend the meeting schedule
for October 26, 2009. Commissioner Clayton commented on the state of mental health as presented by the OPC Director.
Chairman Lunsford recessed the regular session at 11:09 a.m. for break.
CLOSED SESSION:
A motion was made by Commissioner Kennington, seconded by Commissioner
Puryear and carried to enter into Closed Session at 11:23 a.m., to obtain advice from the
County Attorney related to contractual issues pending with the City of Roxboro per General Statute 143-318.11(a)(2).
A motion was made by Commissioner Jeffers, seconded by Commissioner
Puryear and carried to return to open session at 11:53 a.m.
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WORK SESSION TO DISCUSS COUNTY BOARDS AND COMMISSIONS:
The County Manager, Heidi York stated the Board had requested information
about the County Boards and Commissions and possible ways to streamline and improve the process. The County Manager told the Board Mr. Paul Murray assisted on this
project.
Mr. Murray gave the following report:
Current State of Boards and Committees: The Board of County Commissioners (BOC) either appoints or has a member
serve on 44 boards and commissions. Out of these 44, the Clerk is responsible for
publicly advertising for the vacancies of 27. The remaining 17 are boards and
commissions such as the Board of Elections and the COG Board for which the county has representation, but is not responsible for public recruitment. There are currently 10
vacancies on the 27 boards and commissions for which the County must advertise, and a
majority of these 10 slots have been advertised more than once. The boards and
commissions are required by North Carolina Open Meetings Laws to be open to the
public, as well as file a notice with the Clerk to the Board notifying the public of an upcoming meeting.
Of the 44 boards and commissions, many do not meet on a regular basis. Before
determining how many committees are not meeting however, it is first necessary to note
that some of these commissions such as the Jury Commission and the Community Development Block Grant Citizens Advisory Committee are only active during specific
times, like when Person County gets a CDBG or when a new jury pool must be selected.
These “ad hoc meeting” groups aside, there remain 14 boards and commissions that have
not met in over 6 months.
Current Process for Recruitment, Advertising, Reporting and Support: The current recruiting process for the 27 boards for which Person County must
advertise is to put a notice in the Courier-Times 45 days before a vacancy exists. This
vacancy notice also includes all other vacancies that exist across all boards. For example,
if a board has a vacancy and it is not filled, it is included in the posting whenever other boards have a vacancy later down the road. This can lead to numerous advertisements for
a single vacancy, especially on boards that traditionally have little to no applicants such
as the Home Health and Hospice Advisory Committee. On average, each posting costs
the county $200, and the Courier-Times charges per word. With approximately 6 postings
going out each year, we are currently spending approximately $1200 annually just on advertising. Reducing the number of vacancies listed in each posting would help save the
County save a considerable amount of money in a time when budgets are stretched to
their limits.
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The Board of Commissioners can appoint citizens to boards at any regular
meeting and the Clerk to the Board organizes the applications upon the deadline
submission date as advertised. Boards and Commissions currently do not submit reports
to the County Commissioners, although some submit their schedule and minutes to the Clerk. All boards and commissions are required to keep minutes, but not required to
submit them to the County. Training for the various boards consists of more senior
members training the new members. The county does not offer any form of local
government supported training at this time.
Recommended Improvements to the Recruitment Process: The current methods of recruiting and advertising for vacancies are not successful
and are costly. Therefore, the following improvements are recommended: Place the
responsibility for publicly advertising vacancies for a board or commission that is directly
connected with a County department on that department. This would include BOC supported boards like the Public Area Transportation Board, the Animal Control
Advisory Committee, and the Recreation Advisory Board. Currently, funding for these
advertisements is coming from the Governing Body budget. Paying to post for vacancies
will motivate these departments to be proactive in finding new board members, rather
than letting an expensive posting run continuously without any applicants.
Secondly, the County Commissioners should take a more active role in filling
vacancies. The adopted resolution detailing the appointment process for boards and
commissions states that if there are no applications 30 days after the general notice of
circulation, the Board of Commissioners will be responsible for making contacts and encouraging citizens to apply for vacancies. By doing this, the BOC will not only be able
to recommend citizens whose background they feel fits with the board or commission,
but also reduce the high cost of advertising vacancies numerous times with no response.
Finally, it is recommended that a posting board be created on the County’s website as a place to advertise for board and committee vacancies. All new vacancies
would be advertised once in the Courier-Times as well as on the website when they first
become available, but would not be re-advertised in the paper if they are not filled. They
would however, remain on the website for interested citizens. This would replace our
current system of advertising all vacancies together rather than only the new ones, and create a substantial savings by reducing the newspaper space for which the county must
pay.
Recommended Changes to Boards and Committees:
While the focus must be on improving the process to increase participation in our county boards and commissions, it is equally important to eliminate those that have
outlived their purpose. After contacting members from each of these boards, inquiring
into their last meeting dates, and discussing whether or not they were still viable, the
following boards and commissions are not meeting and should be considered for
elimination:
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- Extension Advisory Council
- Local Emergency Planning Committee
- Economic Development Commission
- Roxboro/ Person County Economic Development - Transportation Development Plan Steering Committee
- Roxboro/Person County Human Relations Commission
- Fire Committee
- Multi-County Water Waste Commission
- Mentors Advisory Board - Mayo Lake Advisory Committee
Surrounding Counties’ Methods:
As a way to compare Person County’s experience with its boards and
commissions, several surrounding counties were surveyed. Below is a list of the county, how many boards and commissions they have, and how they recruit for members.
County Number of Boards How They Recruit
Franklin 35 No traditional recruitment (newspaper etc.) For almost all of their boards, each
commissioner gets an appointment that runs coterminous with their own term of office. Each commissioner is therefore charged with recruiting who they want to
represent them on their appointed boards.
Granville 46 Publishes a list of available positions that will be considered by the Board of Commissioners during the year in both local newspapers in the month of January.
Warren 38
Advertises quarterly in the local newspaper, but most members come by word of
mouth from committee advisors (Department Heads) or committee members soliciting for new members from among their friends, family, and associates.
Discussion ensued from all Board members regarding various Boards and
Commissions. It was the consensus of the Board for each Commissioner to bring
recommendations for Mr. Murray to compile for consideration. Other considerations
were to have commissioners orientate members of boards and commissions to the role
and function as well as setting term limits on all boards and commissions.
RECESS:
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to recess the meeting at 12:37 p.m. until October 20, 2009 at 12:00 noon for the purpose of joint session meeting with the City of Roxboro at the FEMA
Room at the Human Services Building located at 355 S. Madison Boulevard, Roxboro.
_____________________________ ______________________________ Brenda B. Reaves Johnny Myrl Lunsford
Clerk to the Board Chairman