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Agenda Packet July 21 2014PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 July 21, 2014 9:00 am CALL TO ORDER…………………………………………………. Chairman Clayton INVOCATION PLEDGE OF ALLEGIANCE ITEM #1 DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA INFORMAL COMMENTS The Person County Board of Commissioners established a 10 minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. ITEM #2 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A. Approval of Minutes of June 2, 2014 B. Approval of Minutes of June 3, 2014 C. Approval of Minutes of June 5, 2014 D. Approval of Minutes of June 16, 2014 E. Budget Amendment #1 F. CDBG Monthly Reporting for the month of June 2014 G. Tax Adjustments for June 2014 a. June 2014 tax releases; and b. June 2014 NC Vehicle Tax System pending refunds H. Application Public School Building Capital Fund NC Education Lottery for Oak Lane Elementary (painting) $59,860.00 I. Application Public School Building Capital Fund NC Education Lottery for Person High (painting) $167,472.00 1 UNFINISHED BUSINESS: NEW BUSINESS: ITEM #3 Resolution appointing Review Officers …………………………….. Amanda Garrett ITEM #4 First Reading of an amendment to the Falls Watershed Stormwater Ordinance for New Development …………………………………………… Sybil Tate ITEM #5 First Reading of a revised Recreation Advisory Board Ordinance …………John Hill ITEM #6 Resolution Exempting Environmental Studies for the Public Safety Communications System Project ……………………………………. Sybil Tate ITEM #7 Appointment to Boards and Committees or related actions ………… Brenda Reaves A. Adult Care Home Community Advisory Committee B. Nursing Home Advisory Committee C. Environmental Issues Advisory Committee D. Region K Aging Advisory Council E. Youth Council ITEM #8 Tax Collector Settlement ………………………………………………… Russell Jones ITEM #9 Order to Collect Taxes …………………………………………………… Russell Jones ITEM #10 Economic Development Update ………………………………………... Stuart Gilbert ITEM #11 Designate NCACC Voting Delegate ………………………………. Chairman Clayton CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS 2 CLOSED SESSIONS: 1. Closed Session per General Statute 143-318.11(a)(2) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: Clerk to the Board Brenda Reaves, County Attorney Ron Aycock, Assistant County Manager Sybil Tate and Economic Development Director Stuart Gilbert. 2. Closed Session per General Statute 143-318.11(a)(4) for the purpose of discussion of matters relating to the location or expansion of industries or other businesses in the county (economic development) with the following individuals permitted to attend: Clerk to the Board Brenda Reaves, County Attorney Ron Aycock, Assistant County Manager Sybil Tate and Economic Development Director Stuart Gilbert. 3. Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property with the following individuals permitted to attend: Clerk to the Board Brenda Reaves, County Attorney Ron Aycock, Assistant County Manager Sybil Tate and Recreation Director John Hill. 4. Closed Session per General Statute 143-318.11(a)(2) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: Clerk to the Board Brenda Reaves, County Attorney Ron Aycock, and Assistant County Manager Sybil Tate. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 3 June 2, 2014 1 PERSON COUNTY BOARD OF COMMISSIONERS JUNE 2, 2014 MEMBERS PRESENT OTHERS PRESENT June 2, 2014 2 The following individuals appeared before the Board to speak in opposition to the Fiscal Year 2014-2015 Recommended Budget: Mr. Dan Holloman, of 304 S. Morgan Street, Roxboro and Superintendent of Person County Schools reiterated the Board of Education’s budget request for current expenses reflected an increase of $818,744 which included a 2% supplement for all school employees. Mr. Holloman noted since that time the district received its proposed state allotment by the Senate for next year’s budget which reflected a $450,000 reduction through teacher assistants, transportation, school nurses and central office. Ms. Bridget Burton of 21 Carter Lane, Roxboro and a Kindergarten teacher at Stories Creek Elementary School spoke to the value of the role and great need for teacher assistants in the classroom. Dr. Walter Bartlett of 1715 College Drive, Roxboro and Piedmont Community College President thanked the Board for the support of the college and asked consideration to assist further with campus security funding. Mr. Charles Timberlake of 235 Dick Holeman Road, Timberlake and Chief of the Timberlake Volunteer Fire Department requested Board consideration for an alternate means to fund volunteer fire departments such as imposing a fire or service district tax explaining expenses at volunteer fire departments are exceeding revenues making it hard to continue to operate. Mr. Timberlake asked the County Manager to obtain the property values for each fire department’s district for such. Mr. Leigh Woodall of 200 Reade Drive, Roxboro requested the Board to report on the benefits derived from the reorganization of the Economic Development Commission in 2012 noting the vital need for jobs in the private sector. Mr. Derrick Sims of 2409 Flatwoods Road, Timberlake and Chairman for the Roxboro Area Chamber of Commerce requested county funding for the Chamber’s single largest fundraiser, the Personality Festival, scheduled to be held August 22-23, 2014. Judge Mark Galloway of 221 Crestwood Drive, Roxboro made a request for drug treatment court funding in the amount of $10,000 citing statistic data that 75% of the program’s graduates do not return to the court system within five years. A motion was made by Vice Chairman Jeffers and carried 5-0 to close the public hearing for the Fiscal Year 2014-2015 Recommended Budget. Chairman Clayton announced a brief recess at 7:26 pm. Chairman Clayton reconvened the meeting at 7:30 pm. 5 June 2, 2014 3 INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Mr. Kenneth Rickman of 3936 Allensville Road, Roxboro addressed the Board on two issues. The first issue related to an email he stated he sent to Commissioner Puryear without response. The second issue involved a request for the Board of Commissioners to submit a letter to NC State Superintendent, June Atkinsons’ office asking why no one was chosen from Person County to serve on the Department of Public Instruction’s established Governor’s Teacher Network. Mr. Rickman encouraged state representative candidates, Ray Jeffers and Larry Yarborough to follow-up on this request as well. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of May 8, 2014 B. CDBG Monthly Reporting for the month of May 2014 UNFINISHED BUSINESS: REORGANIZATION OF THE PERSON COUNTY ECONOMIC DEVELOPMENT COMMISSION: A RESOLUTION REORGANIZING THE PERSON COUNTY ECONOMIC DEVELOPMENT COMMISSION TO INCREASE COMMUNITY AND BUSINESS REPRESENTATION: County Attorney, Ron Aycock stated this agenda item confirms, ratifies and formalizes the action taken by the Board of Commissioners at its May 19, 2014 meeting which reorganized the Person County Economic Development Commission. Mr. Aycock stated the resolution maintains the number of the Economic Development Commission members at nine, provides that the Chair of the Board of Commissioners and Mayor of Roxboro and president of the Piedmont Community College serve ex-officio with the right to vote as well as provides representation from business organizations and members of the public to be appointed by Person County (3) and the City of Roxboro (1). Mr. Aycock further stated the resolution also provides that the County Manager, City Manager and Dean for Corporate and Occupational Training at Piedmont Community Center shall be permitted to participate fully in the activities of the Commission as non- board members with no right to vote. Mr. Aycock explained the term ex-officio means by virtue of office held. Chairman Clayton provided an amendment to the resolution (a handout was placed at each commissioner’s seat) that would authorize the County Manager to vote in absence of the Chair of the Person County Board of Commissioners, and the City Manager would be authorized to vote in the absence of the Mayor of Roxboro. 6 June 2, 2014 4 Commissioner Puryear asked the County Attorney the effects of such action related to the non-profit, Person County Business Industrial Center (PCBIC). Mr. Aycock reminded the group the elected officers of the Economic Development Commission serve in the dual role as officers for PCBIC over which the Board of Commissioners has no direct oversight. Mr. Aycock noted the Board of Commissioners is responsible as the appointing authority which has been the case since the initial creation of the Economic Development Commission in 1981. Mr. Aycock stated statutory requirements of annual reporting to the County by the non-profit. Stuart Gilbert, Director of Economic Development, present in the audience, noted a report is not required if there is not a county contribution made during that year. Mr. Gilbert stated he would provide copies of PCBIC’s annual financial report (Form 990) for 2012 and 2013 to the County Manager for distribution to the Board. A motion was made by Vice Chairman Jeffers and carried 5-0 to adopt the Resolution reorganizing the Person County Economic Development Commission to increase community and business representation with Chairman Clayton’s amendment to allow the City Manager and County Manager voting privileges only in the absence of the their respective elective official representative, Mayor of Roxboro and the Chairman of the Board of Commissioners, as well as to change the county appointed member-at-large term to 3-years. 7 June 2, 2014 5 8 June 2, 2014 6 9 June 2, 2014 7 NEW BUSINESS: DESIGNATE NACO VOTING DELEGATE FOR THE 2014 ANNUAL CONFERENCE: Voting Credentials for the 2014 Annual Conference to be held July 11-14, 2014, in New Orleans, Louisiana, must be submitted by June 13, 2014 in order for Person County’s delegate to participate in the association’s annual election of officers and policy adoption. A motion was made by Commissioner Newell to designate Vice Chairman Jeffers as Person County’s voting delegate at the 2014 NACo Annual Conference. A substitute motion was made by Vice Chairman Jeffers and carried 5-0 to designate Chairman Clayton as Person County’s voting delegate at the 2014 NACo Annual Conference with himself designated as the alternate. APPOINTMENT TO THE OPC BOARD: Chairman Clayton requested Board consideration for an appointment to the OPC Community Oversight Board noting he had a nomination through Pam Wood, a county Department of Social Services employee. Chairman Clayton stated if the Board would approve his request, Ms. Wood could attend the next scheduled OPC Board meeting on June 9, 2014. A motion was made by Commissioner Blalock and carried 5-0 to appoint Pam Wood to the OPC Community Oversight Board for a 3-year term. CHAIRMAN’S REPORT: Chairman Clayton stated he and Vice Chairman Jeffers attended County Assembly Day and spoke with legislators to request that the state not pass to the counties any unfunded mandates noting the Senate’s proposed budget is likely to cost counties. Chairman Clayton noted the state Environmental Committee met and discussed issues related to the coal ash spill and gas drilling. MANAGER’S REPORT: County Manager, Heidi York reminded the Board that the next scheduled budget work session will be held on June 3, 2014 at 2:00 pm in the Board’s usual meeting room. Ms. York stated the budget is slated for adoption at the Board’s June 16, 2014 meeting. Ms. York introduced Maia Landey, summer intern, noting Ms. Landey and Adam Decker are both graduate degree students in the Public Administration programs at UNC- Chapel Hill. Ms. York stated she will begin her maternity leave on June 6, 2014. 10 June 2, 2014 8 COMMISSIONER REPORT/COMMENTS: Commissioner Newell commented, in his opinion, to keep Person County competitive with its surrounding counties he would emphasize more funding for education noting revenues are drying up and people are taxed out reinforcing the need for the Board to set priorities. Commissioner Blalock reported an upcoming environmental meeting will be held in Creedmoor next week. Commissioner Blalock stated she has diligently been working to clean up the appearance of Broad Road. Commissioner Puryear reported he attended the ribbon cutting at Bethel Hill Charter School’s new educational building. Commissioner Puryear thanked Mr. John Betterton for his thirty-plus years of service to the Bethel Hill School and wished him well during his retirement. Vice Chairman Jeffers stated the Bethel Hill project was funded through Rural Development USDA funding noting he serves as Chair of NACo’s Rural Action Caucus and it was rewarding to see this result of the Farm Bill federal funding maintained as a priority of NACo. Vice Chairman Jeffers added to Chairman Clayton’s comments related to County Assembly Day noting their discussions with legislators also related to environmental issues. Vice Chairman Jeffers stated Person County is not one of the 48 counties affected by the Senate proposal to begin phasing out the 2007 Medicaid Relief Swap's guaranteed $500,000 benefit for counties and the Senate’s proposed budget rejected the Governor’s recommendation to transfer worker’s compensation funding responsibilities for schools and community college personnel as well as the school bus tort claims to counties. Vice Chairman Jeffers noted the Senate’s proposed budget would support county child protective services replacing lapsed federal funds with child welfare workers to meet the recommended caseload as well as would shift all misdemeanants, including DWI misdemeanants, from state prisons to county jails under the Statewide Misdemeanant Confinement Fund program as well as limit school nurses in the district. RECESS: A motion was made by Vice Chairman Jeffers, and carried 5-0 to recess the meeting at 8:13 pm until June 3, 2014 in the Board’s usual meeting room at 2:00 pm for the purpose of a budget work session. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 11 June 3, 2014 1 PERSON COUNTY BOARD OF COMMISSIONERS JUNE 3, 2014 MEMBERS PRESENT OTHERS PRESENT June 3, 2014 2 13. EMS Call Volume (based on calls into 911 for service/transport) a. What is the EMS call volume? FY09 5,452 FY10 5,570 FY11 5,390 FY12 5,073 FY13 4,939 FY14 (estimated) 5,100 b. What is the WASS (basic life support, convalescent transport, bariatric transport) call volume? (these numbers do not represent full call volumes as calls may have been made directly to WASS rather than through 911 or EMS) FY09 0 FY10 11 FY11 136 FY12 106 FY13 81 FY14 (estimated) 90 14. Partnership for Children – What are the funding needs for the Imagination Library? The Partnership currently has $77,511.22 available to fund Imagination Library. This will cover approximately 2 years of the program. They just had a successful fundraiser and raised around $20,000 that is included in the $77,511 amount. It costs around $3,000 a month for the program. Their unrestricted private funds are in the ball park of $149,000. 15. DSS – How many participants in the work first program? For the month of April, there were 53 active Work First Employment Services clients. Checks were released to 28 clients. Participation rate = 28/53 which is 53%. These numbers do not include those families who receive funds in "Child Only Cases" (parent or caretaker is not included in the check). Child Only cases do not have to meet the work requirements. DISCUSSION OF PROPERTY TAX REVENUES: Tax Administrator, Russell Jones was available to answer questions. Commissioner Puryear requested a further breakdown of the $3M increase in property tax revenue. Commissioner Puryear was comparing the total property tax revenue 2012-2013 at $27,092,100 (property levy only) with the adopted budget at $30,102,000. Mr. Jones directed the Board to review page 33 of the Recommended Budget noting all the other items that are not included in the current year levy. The $30M included the levy and all other items, i.e. interests, late listing penalties, dog tags, last year’s taxes not collected by the end of the year plus interest, taxes on short term rental vehicles, and DMV revenues. Mr. Jones stated the levy only compares year-to-year to analyze growth. Commissioner Puryear asked Mr. Jones about the increased revenue from the property revaluation. Mr. Jones responded about $1.4M increase revenue between FY12-13 and FY13-14 noting the majority of the increase is due to revaluation however, a portion is due to added industry. Mr. Jones stated this year has netted $400,000 in growth due to GKN and Eaton finishing their projects with a small amount due to new construction. 13 June 3, 2014 3 CHANGES TO THE RECOMMENDED BUDGET: The chart below was used as a running tab as the Board made changes to the Recommended Budget. The items with an amount in green color represent an item taken out of the Recommended Budget and the items with an amount shown in the negative are changes to the Recommended Budget that were added. The chart below represents a balanced budget. In the process of achieving a balance budget as shown in the chart below, staff answered many questions for the Board on individual line items from departmental budgets, i.e., vehicle maintenance, replacement vehicles, insurance, supplies, maintenance, dues, contracted services, utilities, temporary salaries, cell phone stipends, volunteer fire department funding options, the School Board’s budget request, a request made by the Chamber of Commerce, a request made by Judge Galloway for Drug Court, the use of PCBIC funds and other miscellaneous budget inquiries. 14 June 3, 2014 4 A motion was made by Vice Chairman Jeffers and carried 4-1 to direct staff to prepare a Budget Ordinance based on the changes to the Recommended Budget as outlined in the chart above. Commissioner Newell cast the lone dissenting vote. It was the consensus of the Board for staff to prepare a resolution for consideration related to the county appropriation to the schools for a 2% supplemental increase for all schools’ staff stating the Board of Commissioners desire that allotment of funding is used for that specific use. Ms. York stated the adoption of the FY14-15 Budget Ordinance is scheduled at the Board’s June 16, 2014 Board meeting. Chairman Clayton asked if the Board could meet on Thursday, June 5, 2014 to adopt the Budget Ordinance. It was the consensus of the Board to meet on June 5, 2014 at 9:00 am. RECESS: A motion was made by Vice Chairman Jeffers and carried 5-0 to recess the meeting at 4:11 pm until 9:00 am on June 5, 2014. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 15 June 5, 2014 1 PERSON COUNTY BOARD OF COMMISSIONERS JUNE 5, 2014 MEMBERS PRESENT OTHERS PRESENT June 5, 2014 2 Commissioner Newell stated the Board must evaluate its priorities as the revenues are decreasing and a tax increase is prohibitive causing the citizens to lose services in the future. Commissioner Puryear noted the Board’s goal was to not raise taxes and he felt with the $1.4M revenue generated by the revaluation, additional local funding should be spent on education,as a priority. Vice Chairman Jeffers stated the Board should promote youth to attend higher education and his desire for all school employees to be rewarded for the good impact they have on the citizens of the county. Commissioner Blalock stated the $1.4M increase in revenue was eaten up by expenses noting Fiscal Year 15-16 would likely require a tax increase or a decrease in services. Chairman Clayton called for a brief recess at 9:15 am for the purpose of allowing the Finance Director to prepare a 2014-2015 Budget Ordinance reflecting the changes per the amended motion. Chairman Clayton reconvened the meeting at 9:21 at which time the Board of Commissioners were given a 2014-2015 Budget Ordinance reflecting the changes for the amended motion. The amended motion made by Vice Chairman Jeffers and carried by majority vote 3-2 Vice Chairman Jeffers and Commissioners Puryear and Newell voted in favor of the amended motion. Chairman Clayton and Commissioner Blalock cast the dissenting votes. 17 June 5, 2014 3 18 June 5, 2014 4 19 June 5, 2014 5 20 June 5, 2014 6 21 June 5, 2014 7 22 June 5, 2014 8 23 June 5, 2014 9 24 June 5, 2014 10 25 June 5, 2014 11 26 June 5, 2014 12 27 June 5, 2014 13 28 June 5, 2014 14 29 June 5, 2014 15 30 June 5, 2014 16 31 June 5, 2014 17 32 June 5, 2014 18 33 June 5, 2014 19 34 June 5, 2014 20 A RESOLUTION REQUESTING THAT THE ROXBORO AREA CHAMBER OF COMMERCE UTILIZE THE 2014-2015 COUNTY APPROPRIATION OF $3,000 TO SUPPORT THE PERSONALITY EVENT: A motion was made by Commissioner Puryear and carried 4-1 to adopt a Resolution requesting that the Roxboro Area Chamber of Commerce utilize the 2014-2015 County appropriation of $3,000 to support the Personality event. Chairman Clayton cast the lone dissenting vote. 35 June 5, 2014 21 A RESOLUTION REQUESTING THAT THE PERSON COUNTY BOARD OF EDUCATION UTILIZE THE 2014-2015 COUNTY APPROPRIATION OF $184,283 TO PROVIDE SALARY SUPPLEMENTS (2%) TO SCHOOL EMPLOYEES: A motion was made by Vice Chairman and carried 5-0 to adopt a Resolution requesting that the Person County Board of Education utilize the 2014-2015 County appropriation of $184,283 to provide salary supplements (2%) to school employees. 36 June 5, 2014 22 ADJOURN: A motion was made by Vice Chairman Jeffers and carried 5-0 to adjourn the meeting at 9:26 am. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 37 June 16, 2014 1 PERSON COUNTY BOARD OF COMMISSIONERS JUNE 16, 2014 MEMBERS PRESENT OTHERS PRESENT June 16, 2014 2 39 June 16, 2014 3 40 June 16, 2014 4 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Bill Barber of 600 Peed Road, Rougemont stated he resides near the County landfill and that certain things were promised by the Board of Commissioners when the landfill was opened, one of which was not to accept hazardous waste. Mr. Barber noted the landfill is permitted to accept coal ash but asked the Board to hold true to the previous Board’s promises to the citizens that live near the landfill. Mr. Greg Duhon of 9650 Oxford Road, Rougemont and Landfill Manager hand delivered a letter of correspondence from Republic Services’ Area President, Drew Isenhour expressing concerns related to the proposed Resolution for a Moratorium on Coal Ash Waste Transfer to our Municipal Solid Waste Landfill noting the proposed resolution is inconsistent with the agreement between Person County and Republic. Mr. Duhon read excerpts of the letter reiterating the fact that federal regulations specifically allow Republic to dispose of ash material in the landfill under the agreement and that Republic nonetheless took additional measures to analyze the ash material disposed of in the landfill to confirm that this type of material is non-hazardous. Mr. Duhon, on behalf of Republic, respectfully requested the Board to not adopt the proposed resolution, noting Republic Services reserves the right to pursue the appropriate remedy if the proposed resolution is passed. Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont urged the Board to stop the coal ash from going into the County landfill, noting the waste cannot be brought from 60 miles from waste point of origin. Ms. Faye Boyd of 69 Foxwood Drive, Timberlake questioned why the coal ash is taken to the landfill and not stored on Duke Energy’s property in cement storage units designed for disposal of waste materials. Ms. Boyd referred to Duke Energy’s liability of coal ash material when deposited into the landfill and wondered how Duke Energy could remain responsible once it was put in the landfill. 41 June 16, 2014 5 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of May 19, 2014 B. Approval of Minutes of May 27, 2014 C. Budget Amendment #15 D. Budget Amendment #16 E. Budget Transfer dated June 2, 2014 F. Tax Adjustments for the month of May 2014 a. May 2014 tax releases b. May 2014 NC Vehicle Tax System pending refunds 42 June 16, 2014 6 UNFINISHED BUSINESS: RESOLUTION FOR A MORATORIUM ON COAL ASH WASTE TRANSFER TO OUR MUNICIPAL SOLID WASTE LANDFILL: Commissioner Blalock noted the coal ash resolution was tabled on May 19, 2014 and proceeded to present the Board with a revised resolution that excludes the Dan River cleanup since it is already in progress and nearing completion. Commissioner Blalock amended the revised resolution to include the word should twice and taking out the word shall (all changes in the next to last paragraph of the resolution) as follows: NOTWITHSTANDING THAT ACTION IS UNDERWAY AT DAN RIVER, BE IT RESOLVED, that no additional coal combustion waste should be placed in the Person County municipal solid landfill following the extant cleanup in the Dan River by Duke Energy and no movement of coal ash from coal ash ponds and lagoons near waterways be brought to the same municipal waste landfill. Regardless of the EPA ruling in December, all future remediation of coal ash waste disposal should be the responsibility of the producer on their own property. Commissioner Blalock stated the resolution asks that no coal ash from Duke Energy lagoons and ponds be brought to the Person County landfill, thereby, transferring environmental and health problems to the citizens and requests Duke Energy to retain the ash on the producer’s property. Commissioner Blalock stated concerns about the landfill’s liner leaking and the air emissions that occur from landfill sites when fine particle waste is blown by the wind as the waste is loaded and unloaded, further noting that power companies are supposed to keep the coal ash wet to reduce the fine particle pollution. Commissioner Blalock referenced a 2010 study commissioned by the non- profit Clean Air Task Force, which reported over 1,300 deaths and tens of thousands of other acute heart and respiratory problems within one year that were attributed to exposure to fine particle pollution from US coal plant emissions. Commissioner Blalock shared a remark made by Paul Newton, president of Duke Energy’s operations in North Carolina, about the challenge and expense of moving the company’s ash; “…to move the 22M tons of coal ash from the impoundment located at the Steam plant’s ash basin near Charlotte, it would take workers working12 hours per day, six days a week, one truckload every three minutes nearly 30 years to complete.” Commissioner Puryear asked the County Attorney to address any such legal implications related to the resolution before the Board. County Attorney, Ron Aycock stated the resolution, if adopted, is in effect asking Duke Energy and Republic Services to do what is requested however there is no mandate to follow the resolution thereby indicating that there are no legal implications. 43 June 16, 2014 7 Vice Chairman Jeffers referred to Senate Bill 729 that has a preempted local regulation mirroring General Statute 130A-293, which repeals local acts that prohibit the transportation, treatment, storage or disposal of hazardous waste within any county, city or other political subdivision, etc. Mr. Aycock stated Person County was not in violation when the contract and permit was issued and that the proposed resolution would not change that fact, since it has no mandatory effect but only that of a request. Commissioner Blalock emphasized that the resolution before the Board was a means for elected officials to publicly air the concerns of their constituents noting the resolution is non-binding and simply expresses the feelings of many of the county’s residents. Commissioner Newell stated as there was much unknown about coal ash and its effect of people, he feels Duke Energy should keep the coal ash waste on their own property. Tanya Evans, Duke Energy’s District Manager addressed the Board at Commissioner Puryear’s request noting Duke Energy’s preference to relocate the waste materials to a landfill close to the power plants to reduce travel distance of the coal ash fine particle pollution. Ms. Evans stated that the current amount of coal ash dredged from the Dan River and transferred to Person County’s landfill is relatively small and inappropriate for disposal into Duke Energy’s own Monofill because it is mostly river silt. Vice Chairman Jeffers asked Ms. Evans if the recently constructed Duke Energy Monofill is operational. Ms. Evans stated it is not fully operational at this time. Commissioner Puryear stated the Board could ask Republic to not accept coal ash waste although Republic has a contractual right to accept coal ash waste and the county has no provision to get out of the contract until such time as a new contract is negotiated with such provisions stated. Commissioner Blalock stated as long as the definition of hazardous waste remains the same, a new contract won’t make a difference. Commissioner Blalock noted her desire that the Environmental Protection Agency (EPA) make a decision soon regarding the coal ash rules. Chairman Clayton stated the landfill was designed for municipal solid waste of the City of Roxboro and Person County and that is what it should be limited. Chairman Clayton commented his desire for the resolution to pass unanimously. A motion was made by Commissioner Blalock and carried 5-0 to adopt a Resolution for a Moratorium on Coal Ash Waste Transfer to our Municipal Solid Waste Landfill 44 June 16, 2014 8 A copy of the Board adopted resolution will be sent to Senator Mike Woodard and Representative Winkie Wilkins as requested by Commissioner Blalock. 45 June 16, 2014 9 NEW BUSINESS: USDA STRIKEFORCE INITIATIVES: USDA-Farm Service Agency County Executive Director, Charity Silver informed the Board that in 2010, USDA Secretary of Agriculture Tom Vilsack launched the StrikeForce Initiative for Rural Growth and Opportunity. This initiative aims to provide intensive care for rural areas with persistent, concentrated poverty. These areas are selected based on census data identifying the county as having persistent poverty of more than 20%. Person County meets these guidelines and has been selected as a StrikeForce county. Through this initiative, USDA agencies (Farm Service Agency, Natural Resource Conservation Service, Rural Development, & Risk Management) aim to partner with and educate local governments, community organizations, and faith based organizations about using USDA programs to improve their counties economically. Ms. Silver promoted attendance at an upcoming StrikeForce meeting scheduled for June 25, 2014 at 1:00 pm at Vance Granville Community College. Vice Chairman Jeffers inquired about local farmers receiving the technology to accept SNAP benefits at the local farmer’s market. Ms. Silver stated she has forwarded information to the local farmer’s market manager and offered to forward information to the Assistant County Manager to share with the Board. Commissioner Blalock asked about cooperatives. Ms. Silver stated cooperatives would be through Rural Development led by George Vital noting she would also provide contact information for him to the Assistant County Manager to share with the Board. The presentation Ms. Silver gave the Board follows: 46 June 16, 2014 10 47 June 16, 2014 11 48 June 16, 2014 12 49 June 16, 2014 13 50 June 16, 2014 14 FISCAL YEAR 2014-2015 HOME & COMMUNITY CARE BLOCK GRANT FUNDING: Person County Senior Center Interim Aging Services Director, Maynell Harper stated the Person County Home & Community Care Block Grant (HCCBG) Committee elected funding to proceed as indicated on form 731 “County Funding Plan.” The document summarizes Person County Senior Center’s funding with a total of $290,000 allocated to Congregate and Home Delivered Nutrition, Transportation, In-Home Aide, and Operations; Person County Department of Social Services (DSS) with a total of $33,076 allocated for In-Home Aide services; and Generations Adult Day Care with a total of $4,500 allocated for Adult Day Care. The total HCCBG Fiscal Year 2014-2015 funding for Person County is $327,576. Ms. Harper stated funding for the region had increased although Person County’s share had been reduced by $12,000 based on census data. Ms. Harper was happy to announce that a United Way grant for the Meals-on- Wheels program would assist in covering the shortfall for that service. Ms. Harper noted between DSS and the Person County Senior Center, there are over 300 seniors on the waiting list for services. Ms. Harper requested Board approval of the HCCBG Committee’s funding allocation for Fiscal Year 2014-2015 with acceptance of HCCBG funding for Person County. A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the Fiscal Year 2014-2015 Home & Community Care Block Grant Funding. 51 June 16, 2014 15 52 June 16, 2014 16 53 June 16, 2014 17 54 June 16, 2014 18 55 June 16, 2014 19 KIRBY REBIRTH: UPSTAIRS – UPTOWN PROJECT: Piedmont Community College President, Dr. Walter Bartlett told the Board that the Kirby Rebirth Upstairs-Uptown project is moving from the planning phase into the construction phase, however, before construction begins a contract must be signed between Person County and Legacy Building Co. Dr. Bartlett noted the total cost of the contract is $469,119 (not to exceed $490,000) and includes the complete renovation of the second floor of the Kirby Cultural Arts Complex. Dr. Bartlett announced that Piedmont Community College (PCC), in partnership with Person County Recreation Arts & Parks (PCRAP) and Person County Arts Council (PCAC), has raised $322,888 through generous community pledges of monetary support and contributions which does not include a $40,000 commitment by Person County that was disbursed for architectural costs. Dr. Bartlett stated that there remains $146,231 (not to exceed $167,112) that the three partners, PCC, PCRAP, and PCAC, will need to raise the funds to complete the project. Knowing this, the partners will continue to work diligently to raise these funds. Dr. Bartlett stated confidence that the Person County community will continue to invest in this restoration project in an effort to ensure a successful and complete renovation. Dr. Bartlett stated the partners of the Kirby Rebirth project are requesting that the Person County Commissioners: 1. Temporarily earmark County funds for the remaining $146,231 (not to exceed $167,112) so that the contract with Legacy Building Co. can be initiated with the understanding that the partners of this project will work diligently to secure these funds through donations, and; 2. Allow the partners to develop and implement the process and procedures necessary to establish a naming rights policy for various second floor rooms of the Kirby Cultural Arts Complex to assist in raising the remaining funds for this project. Dr. Bartlett confirmed that the County would potentially earn new revenue from the Kirby Rebirth new space, especially if the County uses the space for art classrooms. Dr. Bartlett told the group that the Director is currently funded two-thirds by PCC and through partnership with the County for one-third. Vice Chairman Jeffers questioned Dr. Bartlett and John Hill, Director of PCRAP about joint use of the space within the Kirby. Mr. Hill and Dr. Bartlett noted discussions had taken place about the county using the Learning Studios and future use of the second floor. 56 June 16, 2014 20 Assistant County Manager, Sybil Tate provided the Board with funding sources to temporarily earmark the necessary funds to proceed with the project. Ms. Tate stated the funding sources from the current fiscal year budget included $52,000 available in undesignated contingency, $100,000 in designated contingency for the employee market study and $38,000 unencumbered in the Governing Body’s contract service line. Dr. Bartlett stated his intent to continue to fundraise with hope to have the funds completely acquired within one-year. Dr. Bartlett stated his desire to raise the funds without having to use the County’s earmarked funding but confirmed that if the County’s funds are expended, fundraising will continue until the County is reimbursed. Ms. Tate recommended an interlocal agreement between Person County and PCC be considered to specify the project details as the funds raised by the partners have not been transferred to the County to pay the vendor. A motion was made by Commissioner Puryear and carried 5-0 to approve earmarking funds in the current fiscal year budget as identified by the Assistant County Manager to be used for the Kirby Rebirth project up to $167,112 as requested by the PCC President until such time fundraising can reimburse the County. A motion was made by Commissioner Puryear to authorize execution of the contract between Person County and Legacy Building Co. Commissioner Blalock asked Dr. Bartlett about the County access to the $322,888 in donated funds to pay for the project. Dr. Bartlett stated PCC has the majority of the funds. Amy Wehrenberg, Finance Director stated the interlocal agreement will establish the guidelines for the County to pay Legacy Building Co. and/or be reimbursed by PCC. County Attorney, Ron Aycock, stated the contract will obligate the County to pay for the work when performed. Mr. Aycock stated that the interlocal agreement will assure the donated funds are transferred to the County to pay for the County’s obligation. Commissioner Newell asked Mr. Aycock to address Article 11 Hazardous Materials, Waste and Asbestos of the contract. Mr. Aycock deferred to General Services Director, Ray Foushee who told the group the original architect, MHAworks determined there was no asbestos present in the building. Commissioner Newell advocated for the interlocal agreement to be established to set fund transfers from PCC to the County in order to pay obligations as set by the contract, to which a request was made of Commissioner Puryear to amend his motion. Commissioner Puryear offered an amended motion to authorize execution of the contract between Person County and Legacy Building Co to which no funds will be expended until such time as an interlocal agreement between Person County and Piedmont Community College is in place. The amended motion carried unanimously. 57 June 16, 2014 21 It was the consensus of the Board to allow the partners to develop and implement the process and procedures necessary to establish naming rights policy for various second floor rooms of the Kirby Cultural Arts Complex with the understanding that the proposed policy would be brought back to the Board of Commissioners for review at a future meeting. NEW EMS MEDICAL DIRECTOR CONTRACT: Emergency Services Director, Wes Lail said that due to the recent relocation of the current medical director to Guilford County and the desire by Person County EMS administration to maintain a more readily available and local medical director, Dr. Danny M. Phillips has been approached for this role. Dr. Phillips is interested in serving as the new EMS medical director, and a general overview of his responsibilities are as follows: 1. Training and instructional courses for ambulance and emergency medical personnel of the EMS System. 2. Medical advice to ambulance and emergency personnel of the EMS System. 3. Perform the duties and responsibilities listed for a Medical Director as enumerated in the title 10- Department of Health and Human Resources, Chapter 3 Facility Services, Sub-Chapter 3P Office of Emergency Medical Services regulations Section .0400Medical Oversight. Mr. Lail stated the County would compensate Dr. Phillips $15,000 annually plus travel reimbursement which is the same in the current contract for a medical director. Mr. Lail requested Board approval of the new EMS Medical Director contract to be effective July 17, 2014. Vice Chairman Jeffers asked Mr. Lail if the Medical Director’s training included the WASS System. Mr. Lail confirmed the WASS System is a component of the EMS System to which training is included. Mr. Lail noted the Medical Director has complete oversight over medical/first responders as well. Vice Chairman Jeffers requested Mr. Lail to invite Dr. Phillips to an upcoming Fire Chiefs meeting to meet all the volunteer fire department personnel. Mr. Lail stated he would invite Dr. Phillips to the next Fire Chief’s meeting once he is onboard should the Board give approval of the new contract. A motion was made by Commissioner Blalock and carried 5-0 to approve the EMS Medical Director contract with Dr. Danny Phillips as presented. 58 June 16, 2014 22 59 June 16, 2014 23 60 June 16, 2014 24 61 June 16, 2014 25 PERSON COUNTY RECYCLING CENTER AND VARIOUS ROOFING IMPROVEMENTS CAPITAL PROJECT ORDINANCE: Finance Director, Amy Wehrenberg requested approval of the “Person County Recycling Center and Various Roofing Improvements Capital Project Ordinance.” The Capital Project Ordinance is for the purchase, renovation and re-roofing of the existing Person County Recycling Center, and other re-roofing construction for the Kirby Civic Auditorium and Earl Bradsher Preschool. Ms. Wehrenberg stated the approval of this Ordinance allows for the creation of this Project on the County's books and lists the revenues and expenditures associated with this project. Ms. Wehrenberg noted the Board gave direction as part of the adopted Capital Improvement Plan in April 2014 to fund the expenditures associated with this project with debt proceeds and other funding sources as listed on the ordinance, including a contingency budget of $30,000 to account for any unforeseen related costs. Ms. Wehrenberg informed the Board that the total loan financing for this Project is estimated to be $2,307,095. Ms. Wehrenberg stated the fund balance appropriation for the purchase of the Person County Recycling Center took place in April 2014 for almost $853,000. The additional amount needed currently from fund balance to cover initial engineering costs for the Recycling Center improvements and roofing construction until proceeds are secured totals $60,000. Ms. Wehrenberg stated that once loan proceeds are received, a transfer for $912,205 will be posted back to the General Fund. A motion was made by Chairman Clayton, and carried 5-0 to approve Person County Recycling Center and Various Roofing Improvements Capital Project Ordinance. 62 June 16, 2014 26 63 June 16, 2014 27 APPOINTMENTS TO BOARDS AND COMMITTEES: Clerk to the Board, Brenda Reaves stated the Person County Board of Commissioners solicited volunteers to fill positions on the following boards, commissions, authorities, and committees through advertisement in the Courier-Times May 14, 2014 edition with notice to submit applications by June 3, 2014. Ms. Reaves presented to the Board citizen applications for consideration for appointment to boards and committees. Those boards and committees that did not have any applications submitted will be advertised on a future date. Ms. Reaves stated the highlighted boards below denote a competitive board and are eligible for the informal interview process, should the Board deem appropriate. If the informal interview process is deemed appropriate by the Board, Ms. Reaves requested the Board to direct the Clerk to organize and inform the applicants of such competitive boards of the scheduled date set by the Board. Should the informal interview process be waived or not deemed appropriate at this time, Ms. Reaves requested the Board to nominate for appointment effective July 1, 2014 unless the position was currently vacant. ABC Board 3-Year Term: 1 position available 1) R.D. “Danny” Bumpass, Jr. requested appointment 2) Barnabas Jay requested appointment It was the consensus of the Board to hold the informal interview process with the applicants of the ABC Board. Adult Care Home Community Advisory Committee: No Applications. 1-Year Initial Term; 3-Year Reappointment: 1 position available Board of Adjustment 3-Year Term: 2 positions available as well as 1 position for an alternate 1) Lois Winstead requested reappointment 2) Ronald Perkins requested reappointment A motion was made by Vice Chairman Jeffers, and carried 5-0 to reappoint both Lois Winstead and Ronald Perkins to the Board of Adjustment for a 3-year term. Board of Health 3-Year Term: 1 position each representing: a pharmacist, 1) Ted Michie requested appointment an engineer and 1) Steven Bailey requested reappointment A motion was made by Vice Chairman Jeffers, and carried 5-0 to appoint Ted Michie, pharmacist representative and reappoint Steven Bailey, engineer representative to the Board of Health for a 3-year term. 64 June 16, 2014 28 general public 1) Gracie Napier requested appointment 2) Leon Martin requested reappointment It was the consensus of the Board to hold the informal interview process with the general public applicants of the Board of Health. Economic Development Commission 3-Year Term: 2 positions available for member-at-large and 1 position for a representative of a business with a presence in Person County 1) Ernest B. Wood, Jr. requested appointment 2) Kenneth Perry requested appointment 3) Randy Reynolds requested appointment A motion was made by Commissioner Blalock, and carried 5-0 to appoint Ernest B. Wood, Jr. and Kenneth Perry as the members-at-large as well as Randy Reynolds, business representative to the Economic Development Commission each for a 3-year term. Environmental Issues Advisory Committee 2-Year/3-Year Term Staggered; 1 position available for each of the County’s nine townships as follows: Allensville 1) Jason Torian requested appointment Bushy Fork 1) Curtis E. (Gene) Moore requested appointment Cunningham 1) Julie Reynolds requested appointment Flat River 1) Jerry Ball requested appointment 2) Lisa Whitfield-Jacobs requested appointment Holloway 1) Donald Long requested appointment Mt. Tirzah 1) Kenneth Hill requested appointment Olive Hill 1) Sandy Pleasant requested appointment Roxboro 1) Leigh Woodall, Jr. requested appointment 2) William Burwell, Jr. requested appointment 65 June 16, 2014 29 Woodsdale 1) No applications to date A motion was made by Commissioner Blalock, and carried 5-0 to appoint Jason Torian, Allensville representative, Curtis (Gene) Moore, Bushy Fork representative, Julie Reynolds, Cunningham representative, Jerry Ball, Flat River representative each to a 2- year term and Donald Long, Holloway representative, Kenneth Hill, Mt. Tirzah representative, and Sandy Pleasant, Olive Hill representative each to a 3-year term to the Environmental Issues Advisory Board. A motion was made by Commissioner Puryear to appoint Leigh Woodall, Jr., Roxboro representative for a 3-year term to the Environmental Issues Advisory Board. The motion failed 2-3 for lack of majority. Commissioners Puryear and Newell voted in favor of the motion. Chairman Clayton, Vice Chairman Jeffers and Commissioner Blalock voted against the motion. A motion was made by Commissioner Blalock, and carried 4-1 to appoint William Burwell, Jr., Roxboro representative for a 3-year term to the Environmental Issues Advisory Board. Commissioner Puryear cast the lone dissenting vote. Home Health and Hospice Advisory Committee 3-Year Term: 1 position representing the Health Department 1) Leigh Ann Creson requested reappointment A motion was made by Commissioner Blalock, and carried 5-0 to reappoint Leigh Ann Creson to the Home Health and Hospice Advisory Committee for a 3-year term. Industrial Facilities and Pollution Control Financing Authority 6-Year Term; 3 positions available 1) Rhonda Haynes requested appointment A motion was made by Vice Chairman Jeffers, and carried 5-0 to appoint Rhonda Haynes to the Industrial Facilities and Pollution Control Financing Authority for a 6-year term. Juvenile Crime Prevention Council 1-Year Initial Term; 2-Year Reappointment 1 position available for: a member of the business community (no applications) and an individual under the age of 21 1) Anderson Clayton requested reappointment 66 June 16, 2014 30 2-Year Term: 4 citizens-at-large positions, 1) Margaret Bradsher requested reappointment a position for the Chief of Police or designee (no applications), and the District Attorney or designee (no applications). A motion was made by Vice Chairman Jeffers, and carried 5-0 to reappoint Anderson Clayton, representative under the age of 21 and Margaret Bradsher, citizen representative each for a 2-year reappointment. Library Advisory Board 3-Year Term; 2 positions available 1) Rhonda Haynes requested appointment 2) Roger Chance requested appointment A motion was made by Commissioner Blalock, and carried 5-0 to appoint Rhonda Haynes and Roger Chance to the Library Advisory Board, each for a 3-year term. Nursing Home Advisory Committee: No applications received. 1-Year Initial Term; 3-Year Reappointment; 2 positions available Person-Caswell Lake Authority 3-Year Term: 1 position available 1) Whit Wyant requested appointment 2) William C. Bullock requested reappointment It was the consensus of the Board to hold the informal interview process with the applicants of the Person-Caswell Lake Authority. Piedmont Community College Board of Trustees 4-Year Term; 1 position available 1) Maggie Whitt requested reappointment 2) Barnabas Jay requested appointment It was the consensus of the Board to hold the informal interview process with the applicants of the Piedmont Community College Board of Trustees. Planning Board 3-Year Term: 1 position available 1) Kenneth Montgomery requested reappointment A motion was made by Commissioner Puryear, and carried 4-1 to reappoint Kenneth Montgomery to the Planning Board for a 3-year term. Vice Chairman Jeffers cast the lone dissenting vote. 67 June 16, 2014 31 Recreation Advisory Board 3-Year Term: 2 positions available 1) Johnny Lunsford requested reappointment 2) Froncello Bumpass requested reappointment 3) Rhonda Haynes requested appointment A motion was made by Vice Chairman Jeffers, and carried 4-1 to reappoint Johnny Lunsford and Froncello Bumpass to the Recreation Advisory Board each for 3-year term. Commissioner Newell cast the lone dissenting vote. Vice Chairman Jeffers, on behalf of the Recreation Advisory Board, requested the Board of Commissioners to review and amend the appointment process to allow the Recreation Advisory Board the authority to appoint two additional members to the Recreation Advisory Board with the intention to create a more diverse board. It was the consensus of the Board to place a hold on the application submitted by Rhonda Haynes until after such review of the Recreation Advisory Board Ordinance. Vice Chairman Jeffers requested this item be on the Board’s next agenda. Region K Aging Advisory 3-Year Term: 3 positions available 1) Susan Naylor requested appointment (COG staff recommended term to 12/31/16) A motion was made by Vice Chairman Jeffers and carried 5-0 to appoint Susan Naylor to the Region K Aging Advisory Board for a term to 12/31/2016 as recommended by COG staff. Voluntary Agricultural District Board 3-Year Term: positions available to represent: Bushy Fork: Michael Clayton requested reappointment Flat River: Ronald Foushee requested reappointment Mt. Tirzah: Pete Thomas requested reappointment Farm Bureau: Coleman Whitfield requested reappointment Grange: Norman Boyette requested appointment A motion was made by Commissioner Blalock and carried 5-0 to reappoint Michael Clayton, Bushy Fork representative, Ronald Foushee, Flat River representative, Pete Thomas, Mt. Tirzah representative, Coleman Whitfield, Farm Bureau representative and to appoint Norman Boyette, Grange representative to the Voluntary Agricultural District Board, each for a 3-year term. Work Force Development Board 1-Year Initial Term; 2-Year Reappointment: 2 positions available representing private industry, 1) Derrick Sims requested reappointment 68 June 16, 2014 32 1 position available for a member or an officer of organized labor (no applications received), and 1 position available representing healthcare 1) Eva McDougal requested reappointment 1 position available representing the community college/education 1) Dr. Walter Bartlett requested reappointment A motion was made by Commissioner Blalock and carried 5-0 to reappoint Derek Sims, private industry representative, Eva McDougal, healthcare representative and Dr. Walter Bartlett, education representative to the Work Force Development Board, each for a 2-year term. It was the consensus of the Board to schedule the informal interviews for 6:00 pm on August 4, 2014. CHAIRMAN’S REPORT: Chairman Clayton had no report. ASSISTANT MANAGER’S REPORT: Assistant County Manager, Sybil Tate introduced Person County’s newly hired Planning Director, Mike Ciriello. COMMISSIONER REPORT/COMMENTS: Commissioner Newell commented he had another item for Closed Session discussion. Commissioner Blalock reported she attended Granville County’s environmental affairs committee where Paul Westfall presented the federal proposed rule change for the Clean Water Act which would amend the definition of “waters of the US” and expand the range of waters that fall under federal jurisdiction. Commissioner Blalock noted the federal proposed rule could have impacts on county development, if approved. The stated opinion is that waters should be jurisdictional if the water has a “significant nexus” with navigable water; a change in term from navigable to waters. The proposal states that waters of the US under federal jurisdiction include navigable waters, interstate waters, territorial waters, tributaries (ditches), wetlands and other waters. Commissioner Blalock stated EPA expects the new rule to be agriculture friendly although agriculture and others are concerned, i.e. road side ditches to be included as a water of the US which could cause disruptions in field operations, decreased development, increase in pervading requirements, regulatory burdens on farmers, businesses and municipalities, higher costs 69 June 16, 2014 33 with legal fees, and more time. Commissioner Blalock stated there is a 180-day public comment period from April 21, 2014 to October 20, 2014. Chairman Clayton added the National Association of Counties (NACo) has taken a stand against changing the terminology. Commissioner Blalock noted Farm Bureau is also in opposition to the change as well. Commissioner Puryear had no report. Vice Chairman Jeffers commented the House released its budget which included the following: • Agreed with Senate on the Medicaid Relief Swap (Person County not affected), • State misdemeanants, including DWI offenders would be housed in county jails through voluntary statewide misdemeanant confinement fund program, and • An amendment in the House Education Appropriations subcommittee that will authorize virtual charter schools to receive an allotment of $790 per student. Vice Chairman Jeffers noted he heard from the Board of Education Chairman, Gordon Powell that conveyed the local funds allocated for the 2% increase in all school employee’s supplemental salary will have to be shared with the charter schools noting the House budget salary increase would include a provision to allow school boards to use any state allotment funds to supplement pay. CLOSED SESSION: Closed Session #1 A motion was made by Commissioner Blalock and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property at 10:59 am with the following individuals permitted to attend: Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate, General Services Director, Ray Foushee, Arts, Parks & Recreation Director, John Hill and summer interns, Adam Decker and Maia Landey. Chairman Clayton announced a brief recess prior to Closed Session. Closed Session was called to order at 11:04 am. A motion was made by Commissioner Newell, and carried 5-0 to return to open session at 11:32 am. 70 June 16, 2014 34 ADJOURNMENT: A motion was made by Vice Chairman Jeffers, and carried 5-0 to adjourn the meeting at 11:32 am. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 71 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government $ 1,880 Public Safety $ 14,730 Human Services $ 26,373 Culture and Recreation $ 103,496 REVENUES General Fund Intergovernmental Revenues $ 8,496 Other Revenues $ 116,600 Fund Balance Appropriation $ 21,383 Explanation: BUDGET AMENDMENT Receipt of LGFCU Excellence Award for Tax Administration ($1,100); appropriate fund balance for cell phone stipend in Human Resources erroneously omitted from the FY15 adopted budget ($780); appropriate FY14 donations to Animal Services that rolled to fund balance at the close of the year ($2,730); receipt of United Way grant for the Drug Court ($7,500); receipt of United Way grant for the Summer GREAT program at the Sheriff's department ($7,000); receipt of RACE CARS Heart Rescue Project grant for EMS ($5,000); reduce Person County TDA funding to Mayo Park to reflect TDA's FY15 adopted budget (-$1,950); receipt of PCC contribution for Kirby Theater Rebirth project ($100,000); receipt of LSTA grant for Public Library ($5,446); and carry forward funds for Vanguard temporary staffing contract from FY14 for DSS ($18,873) BA 172 73 74 75 AGENDA ABSTRACT Meeting Date: July 21, 2014 Agenda Title: Tax Adjustments for June 2014 Summary of Information: Attached please find the tax releases and motor vehicle pending refunds. 1. June 2014 tax releases. 2. June 2014 North Carolina Vehicle Tax System (NCVTS) pending refunds. Recommended Action: Motion to accept release report and authorize refunds. Submitted By: Russell Jones, Tax Administrator 76 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 07082014 PAGE: 1 ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-" 11163 2012013 SIMS RICKY & TAMMY PERSONAL 11163 201 35191 0.00 0.00- 0 0.00- 0 -6.00 0.00 -0.32 0.00 -6.32 151211R 3776 CW 06102014 REASON:LIVES IN DURHAM COUNTY 2026312422013 PERSON DEVELOPERS, INC CONTOUR LX 4S 202631242 89256 -7.14 0.00- 0 0.00- 0 0.00 0.00 -0.58 0.00 -7.72 15959R 3838 MP 06262014 -16.43-50 0.00 -1.32 -17.75__________ -25.47 REASON:EXEMPT 2026312762013 PERSON DEVELOPERS, INC 2004 ADVT CT CT 202631276 89290 -6.30 0.00- 0 0.00- 0 0.00 0.00 -0.51 0.00 -6.81 15960R 3839 MP 06262014 -5.67-50 0.00 -0.45 -6.12__________ -12.93 REASON:EXEMPT 1589542912013 FLOYD CLARA REAVES PICKUP F150 SUPERCREW TK 158954291 76238 -61.57 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -61.57 15961R 3840 CW 06272014 REASON:PLATE TURNED IN VEH SOLD 4043099992014 WEAVER LEON WINSTON 2000 SUZI MC 404309999 35384 -12.95 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -12.95 15962R 3841 MP 06302014 REASON:INCORRECT TAX YEAR 20337 1102010 BOWMAN LANITA PERS/MH/TROYS TLPK 20337 110 48419 -48.29 0.00- 0 0.00- 0 0.00 0.00 -1.77 0.00 -50.06 6350R 3844 BSG 06302014 -42.37-50 0.00 -1.55 -43.92__________ -93.98 REASON:BANKRUPTCY DISCHARGE 6/30/14 20337 1102010 BOWMAN LANITA CAMERON MAXIMA 4S 20337 110 48344 -17.01 0.00- 0 0.00- 0 0.00 0.00 -5.25 0.00 -22.26 6350R 3845 BSG 06302014 -24.92-50 0.00 -7.70 -32.62__________ -54.88 REASON:BANKRUPTCY DISCHARGE 6/30/14 20337 1122012 BOWMAN LANITA PERS/MH/TROYS TLPK 20337 112 60769 -1.76 0.00- 0 0.00- 0 0.00 0.00 -0.09 0.00 -1.85 6350R 3846 BSG 06302014 -1.55-50 0.00 -0.07 -1.62__________ -3.47 REASON:BANKRUPTCY DISCHARGE 6/30/14 10139 1062006 BRASWELL THOMAS BENOIS ACCLAIM 4S 10139 106 43437 -0.04 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.04 2006R 3847 SRJ 06302014 -0.13-50 0.00 0.00 -0.13__________ -0.17 REASON:UNDER ONE DOLLAR 41108 1092009 LUEBBERT FRANK LEO NEON HIGHLINE 4S 41108 109 45255 -0.08 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.08 2009R 3848 SRJ 06302014 REASON:UNDER ONE DOLLAR 56348 1092009 MORONG REBECCA CAROLINE TAURUS LX 4S 56348 109 45540 -0.01 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.01 2009R 3849 SRJ 06302014 REASON:UNDER ONE DOLLAR 24272 1122012 PRIDGEN KENNETH CARSON JR P UP C1500/R10 1/2 TONTK 24272 112 56641 -0.07 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.07 2012R 3850 SRJ 06302014 REASON:UNDER ONE DOLLAR 49788 1122012 SALON GOSSIP BUSINESS PERSONAL 49788 112 61048 -0.11 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.11 2012R 3851 SRJ 06302014 -0.11-50 0.00 0.00 -0.11__________ -0.22 REASON:UNDER ONE DOLLAR 35770 1122012 SMITH EDNA NEWMAN MONTERO XLS MP 35770 112 56771 -0.14 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.14 2012R 3852 SRJ 06302014 REASON:UNDER ONE DOLLAR 356 3022013 BAILEY VICTOR I & MARTHA V/L 356 302 733 -0.04 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.05 2013R 3853 SRJ 06302014 REASON:UNDER ONE DOLLAR 7241 3012013 BAILEY WILLIE HARRIS ESTATE 1 & 98/100 ACRES 7241 301 868 -0.01 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.02 2013R 3854 SRJ 06302014 REASON:UNDER ONE DOLLAR 77 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 07082014 PAGE: 2 ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-" 5657 3012013 BRADDY ELAINE OAKLEY 97/100AC/DW&L 5657 301 12947 -0.02 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.03 2013R 3855 SRJ 06302014 REASON:UNDER ONE DOLLAR 4965117682013 BRIGGS KELLY BRAY YUKON 4DR 4X4 MP 496511768 85907 -0.01 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.01 2013R 3856 SRJ 06302014 REASON:UNDER ONE DOLLAR 12172 3022013 CLAY ROBERT 7 & 96/100 ACRES 12172 302 357 -0.07 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.08 2013R 3857 SRJ 06302014 REASON:UNDER ONE DOLLAR 13069 3012013 CUTLER JAMES G HSE/ 1&15/100AC TR B 13069 301 20590 -0.01 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.02 2013R 3858 SRJ 06302014 REASON:UNDER ONE DOLLAR 18860 3022013 DAVIS MICHAEL D & BOBBIE JEAN 1 ACRE & DW 18860 302 23548 -0.12 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.13 2013R 3859 SRJ 06302014 REASON:UNDER ONE DOLLAR 63355 1012013 DEUTSCHE BANK NATL TRUST CO/TR HOUSE & LOT 63355 101 4560 -0.01 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.02 2013R 3860 SRJ 06302014 REASON:UNDER ONE DOLLAR 6151613852013 DOWNEY ELLA CLARK TAURUS LX 4S 615161385 81636 -0.10 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.10 2013R 3861 SRJ 06302014 REASON:UNDER ONE DOLLAR 40249 3022013 LEWIS RETRAC & BETH ANN DANIEL RIDGE/LT19/VL 40249 302 26925 -0.06 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.07 2013R 3862 SRJ 06302014 REASON:UNDER ONE DOLLAR 14212 9012013 NATIONAL GUARD ARMORY GOVERNMENTAL 14212 901 16625 0.00 0.00- 0 -0.94-30 0.00 0.00 0.00 0.00 -0.94 2013R 3863 SRJ 06302014 REASON:UNDER ONE DOLLAR 42751 2012013 ROUSE ADAM JAMES PERSONAL/BOAT 42751 201 36577 -0.12 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.12 2013R 3864 SRJ 06302014 REASON:UNDER ONE DOLLAR 49403 3012013 ROYSTER TONY & QUNNAELLA 715 S MAIN/CITY MOWING 49403 301 89014 0.00 0.00- 0 0.00- 0 0.00 0.00 0.00 -0.04 -0.04 2013R 3865 SRJ 06302014 REASON:UNDER ONE DOLLAR 5437741292013 TSAMBOUNIERIS MICHAEL 750IL 4S 543774129 84380 -0.02 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.02 2013R 3866 SRJ 06302014 REASON:UNDER ONE DOLLAR 78 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 07082014 PAGE: 3 TRANSACTION TOTALS PAGE TRANSACTIONS FROM 1 THROUGH 5475 IN SY0:TAX .MOD AMOUNTS FROM -999999999.99 THROUGH 999999999.99TRANSACTION TYPES:R TRANSACTIONS 06092014->06302014 0 PAYMENTS 0 DISC/CORR 28 RELEASES TOTAL CREDIT NET CREDIT (PAYMENT+RELEASE) (TOTAL-DISC/CORR)PERSON COUNTY TAX OFFICE 0.00 0.00 -156.06 156.06 156.06LATE LISTING 0.00 0.00 0.00 0.00 0.00 DOG 0.00 0.00 -6.00 6.00 6.00 CODE DISTRICT NAME 30 STORMWATER FEE 0.00 0.00 -1.02 1.02 1.02 --------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -163.08 163.08 163.08 STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00 DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 -8.52 8.52 8.52LIEN SALE COST 0.00 0.00 -0.04 0.04 0.04 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -171.64 171.64 171.64 50 CITY OF ROXBORO 0.00 0.00 -91.18 91.18 91.18LATE LISTING 0.00 0.00 0.00 0.00 0.00 --------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -91.18 91.18 91.18 DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 -11.09 11.09 11.09 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -102.27 102.27 102.27 TOTAL TAXES 0.00 0.00 -254.26 254.26 254.26TOTAL LIEN COST 0.00 0.00 -0.04 0.04 0.04TOTAL DISCOUNT 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST 0.00 0.00 -19.61 19.61 19.61 TOTAL STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00 =============== =============== =============== =============== =============== GRAND TOTAL 0.00 0.00 -273.91 273.91 273.91 79 NameAddress 2 Address 3Bill # Plate Number Status Transaction #Refund Description Refund ReasonCreate DateTax JurisdictionChange Interest ChangeTotal Change01($40.65) $0.00 ($40.65)Refund$40.6501($46.36) $0.00 ($46.36)Refund $46.3601($27.25) $0.00 ($27.25)50($24.52) $0.00 ($24.52)50$0.00 $0.00 $0.00Refund $51.7701($32.90) $0.00 ($32.90)Refund $32.9001($24.25) $0.00 ($24.25)Refund $24.2501($114.80) $0.00 ($114.80)Refund $114.8001($29.61) $0.00 ($29.61)Refund $29.6101($128.20) $0.00 ($128.20)50($115.38) $0.00 ($115.38)50$0.00 $0.00 $0.00Refund $243.5801($24.08) $0.00 ($24.08)Refund $24.0801($9.13) $0.00 ($9.13)Refund $9.1301($4.97) $0.00 ($4.97)Refund $4.9701($118.30) $0.00 ($118.30)Refund $118.3001($71.89) $0.00 ($71.89)Refund $71.8901($68.72) $0.00 ($68.72)Refund $68.7201($12.88) $0.00 ($12.88)Refund $12.8801($70.56) $0.00 ($70.56)Refund $70.56WANDA HARRIS RICE 35 COUNTRY SIDE DR ROXBORO, NC 27574Proration 0016175133 ALT7193 AUTHORIZED 6302321 Refund Generated due to proration on Bill #0016175133-2013-Vehicle Sold 06/20/2014TaxVehicle Sold 06/23/2014Tax0009189071 ZZD5493 AUTHORIZED 6333175 Refund Generated due to proration on Bill #0009189071-2013-2013-0000-00TRACY OLIVER CAMPBELL 547 CRYSTAL SPRINGS DR TIMBERLAKE, NC 27583ProrationTOMMY LAWRENCE ELECTRICALCONTRACTORS PO BOX 641 ROXBORO, NC 27573Proration 0016177913 XSA7926 AUTHORIZED 5781392 Refund Generated due to proration on Bill #0016177913-2013-2013-0000-00Tag Surrender06/03/2014TaxOver Assessment06/17/2014Tax0010504710 CD65326 AUTHORIZED 6220857 Refund Generated due to adjustment on Bill #0010504710-2013-RONALD JAY HENDERSON 544 HENDERSON FARM RD ROXBORO, NC 27574Adjustment < $100Vehicle Sold 06/10/2014Tax0020288674 EK8612 AUTHORIZED 6011072 Refund Generated due to proration on Bill #0020288674-2013-RAY VINCENT GENTRY 541 BYRD CREEK LN HURDLE MILLS, NC 27541ProrationMAGDALENE TAYLOR DANIEL 1365 OXFORD RD ROXBORO, NC 27573Proration 0009598053 PNN5637 AUTHORIZED 6333177 Refund Generated due to proration on Bill #0009598053-2013-Vehicle Totalled06/23/2014TaxVehicle Sold 06/16/2014Tax0019822606 5E8300 AUTHORIZED 6184658 Refund Generated due to proration on Bill #0019822606-2013-JOHN ERNEST HAMLETT 440 BILLY HICKS RD ROXBORO, NC 27574ProrationVehicle FeeJAMES RAINER MEGGINSON,JR 2495 BURLINGTON RD ROXBORO, NC 27574Proration 0016172825 BD4804 AUTHORIZED 6011097 Refund Generated due to proration on Bill #0016172825-2013-2013-0000-00Vehicle Totalled06/10/2014TaxTaxJAMES OWEN RUSSELL 206 N FOUSHEE ST ROXBORO, NC 27573Proration 0010562273 ACA7295 AUTHORIZED 19133106 Refund Generated due to proration on Bill #0010562273-2013-2013-0000-00Vehicle Totalled06/25/2014TaxTaxVehicle Sold 06/09/2014TaxHUGH THOMAS WHITT 473 ROBERTSON RD ROXBORO, NC 27574Proration 0019716588 5E8288 AUTHORIZED 6508697 Refund Generated due to proration on Bill #0019716588-2013-Vehicle Sold 06/30/20140020640987 BDX8778 AUTHORIZED 5976836 Refund Generated due to proration on Bill #0020640987-2013-HELEN JEAN HUBLER 567 CRYSTAL FOREST DR SEMORA, NC 27343ProrationTaxGERALD DWAYNE DAVIS 1941 MCGHEES MILL RD ROXBORO, NC 27574Proration 0016181279 WWZ6990 AUTHORIZED 6406860 Refund Generated due to proration on Bill #0016181279-2013-Vehicle Sold 06/26/2014TaxDONALD WAYNE HUMPHRIES 11396 VIRGILINA RD ROXBORO, NC 27574Adjustment < $1000021147647 BZ83747 AUTHORIZED 5976711 Refund Generated due to adjustment on Bill #0021147647-2013-Over Assessment06/09/2014Vehicle Totalled06/23/2014TaxTaxVehicle Fee0019920362 5L9307 AUTHORIZED 18999861 Refund Generated due to proration on Bill #0019920362-2013-2013-0000-00DANTE DEANGELO DAYE 116 YARBOROUGH ST ROXBORO, NC 27573ProrationTaxVehicle Sold 06/26/2014TaxBARBARA BURCH CRABTREE 2150 WINKLER RD DURHAM, NC 27712Proration 0009972516 AHZ9340 AUTHORIZED 6087439 Refund Generated due to proration on Bill #0009972516-2013-2013-0000-00Vehicle Sold 06/12/20140005950514 5F8659 AUTHORIZED 6406861 Refund Generated due to proration on Bill #0005950514-2013-AFRIKA SAMPSON FURLOW 64 PRIMROSE LN ROXBORO, NC 27573ProrationNorth Carolina Vehicle Tax SystemNCVTS Pending Refund reportReport Date 7/8/2014 10:40:35 AMAddress 1Refund TypeLevy Type Page 1 of 380 81 82 AGENDA ABSTRACT Meeting Date: July 21, 2014 Agenda Title: Resolution appointing Review Officers Summary of Information: Michael A. Ciriello has been appointed as a Review Officer, but no Resolution has enabled him to sign as one. Recommended Action: Passage of new Resolution Submitted By: Amanda W. Garrett, Register of Deeds 83 RESOLUTION APPOINTING REVIEW OFFICERS WHEREAS, S.L. 1997-309 (S875) made a number of significant changes in the procedures for recording maps and plats; and WHEREAS, the main purpose of the law is to transfer the responsibility for reviewing plats to determine whether they meet recording requirements from the Register of Deeds to a Review Officer; and WHEREAS, G.S. 47-30.2 requires the Board of County Commissioners in each County, by resolution, to appoint a person (persons) to serve as a Review officer to review each plat before it is recorded and certify that it meets the statutory requirements for recording; WHEREAS, since the last Resolution recorded in 2013, there has been a change in personnel; and WHEREAS, the desire of the Person County Board of Commissioners is to insure the expeditious review of all maps and plats, as required by G.S. 47-30.2, prior to being presented and recorded by the Register of Deeds. NOW THEREFORE, BE IT RESOLVED, effective July 21, 2014, that Paula P. Murphy, Aaron Holland, Thomas S. Warren, Jr. and Michael A. Ciriello are hereby appointed to perform all responsibilities as required of a Review Officer under the appropriate North Carolina General Statutes. BE IT FURTHER RESOLUTED, that a copy of this Resolution designating the Review Officers be recorded in the Person County Register of Deeds Office and indexed in the names of the Review Officers. Adopted this, the 21st day of July 2014. Person County Board of Commissioners __________________________________ Jimmy B. Clayton, Chairman Attest: ___________________________________ Brenda B. Reaves, Clerk to the Board 84 AGENDA ABSTRACT Meeting Date: July 21, 2014 Agenda Title: First Reading of an amendment to the Falls Watershed Stormwater Ordinance for New Development Summary of Information: PSNC is constructing upgrades to an unmanned natural gas compressor station in the Falls Lake watershed of Person County and is thus required to comply with the county’s stormwater ordinance. As the ordinance is currently written, it requires PSNC to inspect the on-site BMP’s (bioretention area and swales) once a month. The monthly inspection does not require an engineer and can be completed by PSNC’s own staff. However, since the PSNC facility is unmanned, this requirement is problematic. PSNC has requested Person County staff to review the Stormwater Ordinance’s requirement to inspect stormwater BMP’s once a month and offer an alternative schedule. Staff considered quarterly, every six months and once a year inspections. PSNC requested an annual inspection, while the county’s stormwater engineer recommended every quarter. After discussion with Planning and Environmental Health staff, it was decided that language requiring inspection once a year, while also providing the Stormwater Administrator flexibility to change the inspection frequency, if necessary, would be sufficient. Below is the suggested amendment language: 31-401 GENERAL STANDARDS FOR MAINTENANCE (C) Unmanned Public Utilities The Stormwater Administrator may approve inspection requirements for unmanned public utilities that are less stringent than those set out in the Design Manual, provided an annual inspection is conducted at least once per calendar year and, after each 1-year, 24-hour storm (2.83"). An alternate inspection frequency for unmanned public utilities may be approved to achieve the aims of the stormwater ordinance and/or to protect health and safety. For the purposes hereof, “public utility” shall be defined as set out in Article 1, Chapter 62 of the North Carolina General Statutes. Recommended Action The Board is not required to have a public hearing but may call for a public hearing if so desired. The Board may adopt the proposed amendment to the ordinance as presented at the First Reading by unanimous vote or by simple majority vote at the Second Reading. Submitted by: Assistant County Manager, Sybil Tate 85 AGENDA ABSTRACT Meeting Date: July 21, 2014 Agenda Title: First Reading of a revised Recreation Advisory Board Ordinance Summary of Information: The Person County Recreation Advisory Board requests adoption of updates and changes to the Person County Recreation Advisory Board Ordinance. These changes are recommended by the Parks and Recreation Director and the Recreation Advisory Board. Changes have been researched and tailored to current Recreation Industry trends, practices, and needs from our citizens in Person County. The revised Recreation Board Ordinance is attached with updates highlighted in yellow. The Board is not required to have a public hearing but may call for a public hearing if so desired. The Board may adopt the proposed ordinance as presented at the First Reading by unanimous vote or by simple majority vote at the Second Reading. Recommended Action: Review, discuss, and approve the attached ordinance changes. Submitted By: John Hill, Director of the Recreation, Arts, and Parks on behalf of the Person County Recreation Advisory Board. 86 1 ORDINANCE FOR THE PERSON COUNTY RECREATION ADVISORY BOARD SECTION 1: CREATION, NAME, NUMBER OF MEMBERS, TITLE There is hereby created a Board composed of nine (9) members to be known as the Person County REC Advisory Board (Hereinafter referred to as the “REC Board” – REC standing for Recreation, Environment and Open Space, and Cultural Activities). This ordinance shall be known as the Person County REC Advisory Board Ordinance. SECTION 2: COMMITTEE, POWERS AND DUTIES The REC Board shall serve as the advisory body for Person County on issues relative to the Department. The REC Board shall advise the Parks and Recreation Director, County Manager and County Commissioners within its responsibilities and powers as stated in this ordinance. The REC Board shall serve as a liaison between the Parks and Recreation Department and the citizens of Person County. The Parks and Recreation Department shall consult with the REC Board in matters affecting programs, facilities, policies, finances and the acquisition and disposal of lands and properties and its long-range, projected plans. The REC Board shall also assume specific duties and responsibilities as follows: 1. To investigate and determine the needs, interests and goals of the community for recreation and cultural facilities and programs and make recommendations to the Recreation Director, County Manager and County Commissioners to meet those needs and goals. 2. To inform and educate the general public of the importance and need for programs, facilities and services. 3. To seek and make recommendations on the acceptance of grants, gifts, bequests, donations for park and recreation purposes. 4. To assist the Park and Recreation Department in developing cooperative arrangements with other organizations and private groups, when it will further the objective of providing more and varied kinds of park and recreation programs for the citizens of Person County. 5. To assist the Parks and Recreation Department in recruiting voluntary leadership staff to work with programs and activities. 87 2 6. To assist in matters relating to maintaining the highest standards in park development and operation, park and recreation leadership and a well balanced program. 7. To assist in developing a plan to meet the present and future needs for programs, services, parks, facilities, open spaces and trails and to advise in developing priorities for each of these. 8. To receive information and reports concerning the evaluation of programs, facilities, policies and procedures. 9. To recommend approval of rules, and procedures pertaining to recreation programs and the use of public parks and facilities including suggested fees and charges. 10. Carry out any other assigned studies and/or activities as determined appropriate. SECTION 3: APPOINTMENT OF THE COMMITTEE The Person County REC Board shall consist of nine (9) members, seven (7) of which shall be appointed by the County Commissioners and two (2) members that are appointed by the REC Board. One county commissioner will serve ex-officio as one of the nine members and be a voting member. The Parks and Recreation Director shall attend and participate in all REC Board meetings. The term of office for all appointed and reappointed members shall be three years. Vacancies arising on the REC Board shall be filled by the County Commissioners for seven members duly appointed and by the REC Board for two members duly appointed for the balance of the unexpired term. All appointments will be made by the County Commissioners and REC Board in accordance with the policy governing appointments to Boards and Committees. Any member who misses more than three consecutive regular meetings loses his/her membership status. An orientation meeting for newly appointed board members shall be conducted by the Parks and Recreation Director and the Chairman within 30 days after their appointment. SECTION 4: OFFICERS The members of the Person County REC Board shall annually elect from their own membership a Chairman and other officers, as they deem essential. Duties of each officer shall be established in the Committee By-Laws. 88 3 SECTION 5: COMPENSATION The members of the REC Board shall serve without compensation, but shall be entitled to reimbursement for subsistence and travel to professional recreation meetings, conferences and workshops, with such reimbursement being made in compliance with general County policies. SECTION 6: MEETINGS The REC Board shall meet at least monthly and at other times deemed necessary to transact business, upon call of the Parks and Recreation Director, or Chairman or by a majority of the Committee members, or upon call of the County Commissioners. A quorum of the Board shall be in attendance before action of an official nature can be taken. A quorum shall consist of a simple majority. General parliamentary rules, as given in “Robert’s Rules of Order” as modified by rules and regulations of the Advisory Board shall be observed in conducting meetings. Official minutes of each meeting will be recorded and maintained in the office of the Parks and Recreation Director. SECTION 7: COMMITTEES AND STANDING COMMITTEES The REC Board shall organize temporary or standing committees, as it deems necessary in order to carry out the responsibilities of the Board. Advisory Board members serving as Chairman of committees shall be appointed by the REC Board Chairman. Other members of the Committees shall be elected by the REC Board. Vacant positions shall be advertised in newspapers and all applications be given to full board for them to vote on person or persons to fill vacant position or positions on committee or committees. The standing committees shall include, but not be limited to, the following: Finance Committee The duties of the Finance Committee shall include, but not limited to: a. Aiding the staff in the development of the budget. b. Reviewing major capital outlays. c. Reviewing and making recommendations on grants, gifts, bequest, and donations to the department. This committee shall consist of the chairman of the REC Board and two (2) members of the REC Board. These two members shall be elected by the REC Board. Facilities Committee The duties of the Facilities Committee shall include, but limited to: a. A yearly inspection of all appropriate facilities. b. Recommendation on repairs or physical changes. c. Recommendation on the long-range plans for facility development. 89 4 d. Recommendation on the acquisition or disposition of facilities or parts thereof. Each athletic club which leases a facility from Person County shall nominate a candidate annually for this committee. A member of the REC Board shall chair this committee. The REC Board shall select four (4) members to serve on the committee from the pool nominated by the athletic clubs and two (2) additional members selected from the community. Athletic Committee The Athletic Committee is a subcommittee of the Recreation Advisory Board. The Main purpose and goal of this subcommittee: 1. Gather feedback from athletic program participants and spectators relating to observed needs and concerns. 2. Suggest possible new athletic programs. 3. Research possible programs and report back to the Recreation Advisory Board to address the athletic program needs of Person County Citizens. 4. Aid the Recreation Advisory Board and the Department in efforts to inform our citizens about current programs, new programs, changes of schedule, currents rules and regulations, and other Athletic program issues. 5. Making recommendations to the REC Board on policy changes in the athletic programs. The Recreation Advisory Board shall annually nominate candidates for this committee. This committee shall be chaired by a member of the REC Board. The REC Board shall select four (4) members to serve on the committee from the pool nominated by the athletic clubs and two (2) additional members selected from the community. Arts Council Committee The duties of this committee shall include, but not limited to: a. Encouraging the maximum use of the Kirby Civic Auditorium facility for cultural, educational, recreational and civic purposes. b. Broadening cultural opportunities for all Person County citizens in the area of the arts. c. Encouraging a variety of community programs including, but not limited to: senior citizens, adults, teens and youth. d. Promoting non-athletic programs and activities. e. Recommendations regarding grants and sub-grant applications. f. Two signatures required for checks – staff – Director or designee; committee – chairman or designee. The REC Board shall select a minimum of six (6) members and a maximum of eight (8) members to be appointed from the community. This committee shall be chaired by a member of the REC Board and include one member of the Parks Department and the managing director of the Kirby Cultural Arts Complex. The REC Board shall be the appointing body to the Person County Arts Council. 90 5 Members of the Person County Arts Councils may consist of members throughout Person County representing various organizations with diverse Cultural Arts interest. These organizations may include: Schools, local college, private citizens, civic organizations, Parks Department, and many others. Terms of appointment shall be for a length of two years. Also, terms of appointment shall be on a staggered basis. Each committee may create non-standing, goal-oriented subcommittees as needed. Each committee is expected to provide the REC Board with minutes of their meetings and shall report their findings to the REC Board through their chairman, with or without recommendations. Staff members of the Parks and Recreation Department shall be assigned as ex-officio members to the committees. The REC Board may refer any matter to a committee before the REC Board takes action on the subject. Mayo Park and Lake Committee The duties of this committee shall include, but not limited to: a. Encouraging the maximum public recreational use of Mayo Park and Mayo Lake facility in areas of educational, environmental education, preservation, stewardship, outdoor active recreation, and passive recreation. b. Broadening outdoor recreational, educational, and environmental wellness practice opportunities for all Person County citizens and all users of Mayo Lake and Mayo Park. c. Increase and encourage a variety of community programs and involvement serving senior citizens, adults, teens, youth and all other demographics related to our population. d. Promoting outdoor athletics and non-athletic programs and activities. e. Recommendations regarding grants and funding opportunities to support programs, operations, and development of public recreational and educational facilities. f. Research, develop, advise in the management of “Friends of Mayo Lake” program. g. Committee may act as liaison between Progress Energy/Duke Energy and our citizens in matters related to Recreation, Arts and Parks. The REC Board shall select a minimum of six (6) members and a maximum of eight (8) members to be appointed from the community. This committee shall be chaired by a member of the REC Board. At least one member of the Parks and Recreation Department shall attend and participate in all committee meetings. Members of the committee may represent citizens in the areas of: outdoor recreation, public recreation development, stream education, environmental education, preservation, environmental education, private citizens, local, and state government. 91 6 Terms of appointment shall be for a length of two years. Also, terms of appointment shall be on a staggered basis. Each committee may create non-standing, goal-oriented subcommittees as needed. Each committee is expected to provide the REC Board with minutes of their meetings and shall report their findings to the REC Board through their chairman, with or without recommendations. Staff members of the Parks and Recreation Department shall be assigned as ex-officio members to the committees. The REC Board may refer any matter to a committee before the REC Board takes action on the subject. SECTION 8: CONFLICT WITH OTHER ORDINANCES AND RESOLUTIONS Any earlier adopted ordinances and resolutions of Person County pertaining to parks and recreation, which are or in conflict with the provisions of this ordinance are hereby declared null and void and of no effect. The REC Board shall establish By-Laws in conjunction with this ordinance to be used for governing the Board. SECTION 9: EFFECTIVE DATE This ordinance shall become effective on its adoption by the Person County Board of Commissioners. ADOPTED THIS 4TH DAY OF OCTOBER, 1993. REVISED THIS 21ST DAY OF FEBRUARY, 1994. REVISED THIS 15TH DAY OF APRIL, 1996. REVISED THIS 6TH DAY OF DECEMBER, 1998 REVISED THIS 21ST DAY OF OCTOBER, 2002 REVISED THIS 18th DAY OF NOVEMBER, 2002 REVISED THIS 7TH DAY OF NOVEMBER, 2005 REVISED THIS _____ DAY OF _______, 2014 ATTEST: _____________________________________ __________________________________ Brenda B. Reaves Jimmy B. Clayton, Chairman Clerk to the Board of Commissioners 92 AGENDA ABSTRACT Meeting Date: July 21, 2014 Agenda Title: Resolution exempting environmental studies for the Public Safety Communication System Project Background information: The Person County Board of Commissioners provided $100,000 of funding to conduct environmental studies on four potential tower locations in the county in the FY15 budget. Summary of Information: NC General Statute 143-64.32 allows exemption from the Qualification-Based Selection (QSB) process, if architectural, engineering, surveying and construction services are less than $50,000. In the case of the environmental studies, the total cost of engineering and surveying is estimated to be $40,000, which qualifies this work for the exemption. See the cost breakdown below: ENGINERING AND SURVEY COST BREAKDOWN --- 4 PUBLIC SAFETY TOWERS ITEM UNIT PRICE QUANTITY EXTENDED PRICE Engineering activities $7,000 4 $28,000 Site Surveying $3,000 4 $12,000 TOTAL $10,000 4 $40,000 In order to exempt this project from the QSB process, the BOC must adopt a resolution stating that they wish to make the exemption. Staff recommends the exemption, since the engineering firm being considered has conducted many of the State’s VIPER tower environmental studies and is highly recommended. The exemption also saves staff and the third-party consultant’s time. Recommended Action: Adopt the Resolution exempting environmental studies for the Public Safety Communication System Project from G.S. 143-64.31. Submitted By: Assistant County Manager, Sybil Tate 93 Resolution Exempting Environmental Studies for the Public Safety Communication System Project WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform architectural, engineering, surveying, construction management-at-risk services, and design- build services (collectively “design services”) to be based on qualifications and without regard to fee; WHEREAS, the County proposes to enter into one or more contracts for design services for work on the environmental studies for the Public Safety Communication System project; and WHEREAS, G.S. 143-64.32 authorizes units of local government to exempt contracts for design services from the qualifications-based selection requirements of G.S. 143-64.32 if the estimated fee is less than $50,000; and WHEREAS, the estimated fee for design services for the above-described project is less than $50,000. NOW, THEREFORE, THE PERSON COUNTY BOARD OF COUNTY COMMISSIONERS RESOLVES: 1. The above-described project is hereby made exempt from the provisions of G.S. 143-64.31. 2. This resolution shall be effective upon adoption. Adopted this, the 21st day of July 2014. Person County Board of Commissioners __________________________________ Jimmy B. Clayton, Chairman Attest: ___________________________________ Brenda B. Reaves, Clerk to the Board 94 95 96 97 98 99 100 AGENDA ABSTRACT Meeting Date: July 21, 2014 Agenda Title: Tax Collector Settlement Summary of Information: As required by G.S. 105-373(a)(3), an annual settlement for taxes for the current fiscal year and all previous years must be made with the governing body of the taxing unit. The settlement is included in the Attachment I items. Recommended Action: Motion to accept report. Submitted By: Russell Jones, Tax Administrator 101 2013 Tax Collector Settlement102 2013 Tax Base•Budget tax base for 2013-$ 4.055 billion•Actual tax base for 2013- $ 4.145 billion•Tax base was higher than budget by 2.2 %•Actual tax base for 2012- $ 4.077 billion•Increase in base was $ 68 million103 2013 tax year collections•Budgeted collection rate for 2013– 97.0%•Actual collection rate for 2013– 98.30%•Collection rate was over by 1.3%•Collections was $ 994,485 more than anticipated on current year collections•Average collection rate for Person County for last 10 years is 97.60%104 2013 Tax YearUncollected Balances•County 2013 uncollected taxes-all –$499,613•County 2013 uncollected real only-–$398,721•County 2013 uncollected vehicle only-–$63,679•County 2013 uncollected other-–$37,213105 Collection activities•Total payments for all years, including City of Roxboro-–$33,728,380•Total payments for all years, Person County-–$29,479,304•Processed payments-70,969•2014 Prepayments were $64,347 106 Prior year tax collections•This includes 2003-2012 tax years•County Unpaid balances on July 1, 2013-–$1,226,581•County Unpaid balances on June 30, 2014-–$567,658•County Collections on Prior Years-–$658,923107 Forced Collections•Attachments- 452 payments–$ 79,759 County–$ 11,403 City–$ 91,162 Total•Garnishments- 3,180 payments–$ 243,133 County–$ 38,529 City–$ 281,662 Total108 Forced CollectionsCounty and City•Escheats- Also known as NC Cash–Approximately $ 4,000•Debt Setoff- 783 accounts collected–$110,070 for Tax Office–$ 48,253 for EMS–$ 3,530 for Health Department–$ 3,236 for Library–$165,089 Total Collected109 Uncollected County Balances•All years uncollected- $1,067,271•Total bills left uncollected 11,014•Uncollected vehicle bills-7,072–$ 187,403•Uncollected real estate bills-2,847–$ 790,771•Uncollected other tax bills–$89,097110 2003-11thYear Taxes •2003 Original Levy- $21,124,072•Total bills uncollected- 371- $12,687•Uncollected Real Estate bills-42- $ 4,251•Uncollected Vehicle bills- 301- $ 7,105•Uncollected Other bills- 28- $ 1,331•.060% Uncollected after 10 years •or 6/100 of 1%111 2013-Stormwater •2013 Billed- $ 272,586•Collected- $ 263,801 •2013-Uncollected- $ 8,785•2013 Collection Rate on Stormwater= 96.78%112 AGENDA ABSTRACT Meeting Date: July 21, 2014 Agenda Title: Order to Collect Taxes Summary of Information: As required by G.S. 105-321, the governing board of the taxing unit must issue an order of collection to tax collectors. This gives the tax collector legal authority to collect taxes. The order is included in Attachment II. Recommended Action: Motion to direct Tax Collector to collect taxes for 2014 and all delinquent taxes from prior years. Submitted By: Russell Jones, Tax Administrator 113 PERSON COUNTY OFFICE OF THE TAX ADMINISTRATOR Person County Tax Office P.O. Box 1116 13 Abbitt St Roxboro, North Carolina 27573-1116 (336) 597-1721 Fax No. (336) 322-8619 ATTACHMENT II County of Person To the Tax Collector of the County of Person: You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the office of Person County Tax Office and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Person, and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Witness my hand and official seal, this 21th day of July, 2014. _________________________________________________ Jimmy B. Clayton, Chairman Board of Commissioners of Person County Attest: _________________________________________________ Brenda B. Reaves Clerk to the Board of Commissioners of Person County 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 AGENDA ABSTRACT Meeting Date: July 21, 2014 Agenda Title: Designate NCACC Voting Delegate Summary of Information: Voting Credentials for the 2014 NCACC Annual Conference in Buncombe County must be submitted by August 1, 2014 in order for Person County’s delegate to participate in the association’s annual election of officers and policy adoption. Recommended Action: Designate a commissioner attending the Conference as Person County’s delegate. Chairman Clayton and Vice Chairman Jeffers both will attend the full conference. Submitted By: Chairman Clayton 136 Designation of Voting Delegate to NCACC Annual Conference I, ______________________________________, hereby certify that I am the duly designated voting delegate for ______________________________ County at the 107th Annual Conference of the North Carolina Association of County Commissioners to be held in Buncombe County, N.C., on August 14- 17, 2014. Signed: ______________________________________ Title:_______________________________________ Article VI, Section 2 of our Constitution provides: “On all questions, including the election of officers, each county represented shall be entitled to one vote, which shall be the majority expression of the delegates of that county. The vote of any county in good standing may be cast by any one of its county commissioners who is present at the time the vote is taken; provided, if no commissioner be present, such vote may be cast by another county official, elected or appointed, who holds elective office or an appointed position in the county whose vote is being cast and who is formally designated by the board of county commissioners. These provisions shall likewise govern district meetings of the Association. A county in good standing is defined as one which has paid the current year's dues.” Please return this form to Sheila Sammons by: Friday, August 1, 2014: NCACC 215 N. Dawson St. Raleigh, NC 27603 Fax: (919) 719-1172 sheila.sammons@ncacc.org (p) (919) 715-4365 137