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Agenda Packet Feb 26 2013 JOINT MEETING AGENDA PERSON COUNTY BOARD OF COMMISSIONERS & ROXBORO CITY COUNCIL TUESDAY, FEBRUARY 26, 2013, 4:00 PM FEMA ROOM AT THE HUMAN SERVICES BUILIDING LOCATED AT 355 S. MADISON BLVD., ROXBORO CALL TO ORDER Mayor Merilyn P. Newell Chairman Jimmy Clayton AGENDA ADOPTION Mayor Merilyn P. Newell Chairman Jimmy Clayton ITEMS FOR DISCUSSION: 1. Joint Planning Department Stephen Steese & Heidi York 2. Fireworks Mayor Newell 3. Sewage Line Extension Request for Bethel Hill Community Heidi York & Stephen Steese 4. Joint Sheriff/Police Drug Position Mayor Newell 5. Recreation/Senior Center Update Heidi York 6. City Recycling Sybil Tate 7. Economic Development Update Stuart Gilbert ADJOURNMENT: Motion Second 1 DRAFT Interlocal Cooperation Agreement Between Person County and the City of Roxboro for Planning Administration This is an Interlocal Cooperation Agreement between the CITY OF ROXBORO (hereinafter called “the CITY”), a North Carolina municipal corporation, and the COUNTY OF PERSON (hereinafter called “the COUNTY”), a political subdivision of the State of North Carolina. This agreement is made pursuant to Article 20 of Chapter 160A of the North Carolina General Statutes. The date of this agreement is February 26, 2013. The City and County agree as follows: SECTION I. POLICY A. The Governing Bodies hereby find and declare that interlocal cooperation for comprehensive planning and plan implementation is a necessity: Such planning allows for more orderly and coordinated growth, provides a mechanism for consistent analysis of planning issues across political boundaries and therefore gives a more sound basis for policy decisions which affect both political entities. The Governing Bodies recognize that comprehensive planning and its implementation are vital to the public interest. Therefore, it is found that such activities as planning investigations and surveys, formulation of development goals and objectives, and development or means to carry out plans in a cooperative, coordinated and efficient manner are necessary in order that the two governments may more competently perform their duties, and in order that the citizens of the respective jurisdictions may have a better understanding of planning issues and be better able to participate in decision-making. B. The purpose of this Agreement is to establish a joint planning endeavor and to provide for the organization and administration necessary to effectuate that endeavor. SECTION II. PLANNING COMMISSION A. Establishment of Person-Roxboro Planning Commission There is hereby established a joint commission to be known as the Person-Roxboro Planning Commission. The Planning Commission is designated as the planning advisory body to the City and the County, and shall have the powers and duties described in this Agreement and other powers and duties as may be delegated by the governing bodies from time to time. B. Appointments by Governing Bodies 1. Number; Composition. The Planning Commission shall consist of seven (7) members and two (2) alternates; of whom the Board shall appoint four (4) members and one (1) 2 alternate and the Council shall appoint three (3) members and one (1) alternate. The four (4) persons appointed by the City shall be appointed for three (3) year staggered terms by the Council. The five (5) appointed by the County shall be appointed for three (3) year staggered terms by the Board. Initially, one person shall be appointed for a one year term, one person for a two year term and one (or 2 in the case of the county) for a three year term. Thereafter all appointments shall be for a three year term. 2. Subsequent Appointments. Appointments made to fill Commission vacancies shall be made by the governing body that made the initial appointment, and shall be for three (3) year terms except for appointments to replace members who have become disqualified, or have been removed, which shall be for the remainder of the replaced member’s term. 3. Vacancies/Removal Prior to Expiration of Term. Upon resignation, permanent disqualification or removal of any member of the Planning Commission, the governing body which appointed that member shall appoint a successor to fill the unexpired term. 4. Optional Replacement of Members who Move outside the City or County. The governing bodies may replace Commission members who move during their tenure if they no longer meet the in-city or out-of-city appointment requirements they met when appointed. C. Requirements for Membership on the Person-Roxboro Planning Commission; Compensation 1. Term. The term of office of a member of the Planning Commission, except for persons appointed to fill unexpired terms, shall be three (3) years and shall expire on June 30 of the final year of service. If the respective governing body has not appointed a successor, however, a member’s term shall continue until such appointment is made. No person shall serve consecutively more than two full terms. An individual appointed to a two-year term shall be deemed to have served a full term. 2. Residency Requirements. Members of the Planning Commission shall be residents of the County. Prior to any change in residency, members shall notify the Clerk to the Council or Board of the prospective change and the date of the move. A member who ceases to be a resident of the Person-Roxboro City/County Planning Jurisdiction shall become disqualified immediately upon the change in residency, and the governing body that made the appointment shall be notified. Changes of residency within the County may result in replacement by the governing body that made the appointment. 3. Voting Conflicts. Commission members shall follow state statutory requirements regarding voting when there are conflicts of interest. 4. Attendance. Members shall attend at least seventy-five (75) percent of the total number of regular meetings of the Planning Commission during any twelve (12) month period, except for excused absence due to illness or other extraordinary circumstances. The Planning Commission shall establish, within its Rules of Procedure, conditions that constitute an excused absence, and the case-by-case application of those rules shall be the duty of the Chairperson of the Planning Commission. The Chairperson shall immediately report to the appropriate governing body the failure of any member appointed by said governing body to meet said 3 attendance standard, and the appropriate governing body may then remove said member from the Planning Commission. 5. Compensation. Members shall receive such compensation and reimbursement, if any, for expenses as the governing bodies may prescribe. D. Operating Procedures The Planning Commission shall elect its own officers in a manner prescribed in its Rules of Procedure. Further, the Planning Commission shall comply with the following: 1. The officers of the Planning Commission shall be a Chairperson and Vice Chairperson, one of who shall be a City appointee and one of whom shall be a County appointee. The positions shall alternate between a City appointee and a County appointee at least every two years. 2. The Planning Commission shall adopt rules of procedure for the transaction of its business. Such rules shall be consistent with applicable laws, ordinances and regulations and shall be filed with the city and county clerks. 3. The Planning Commission shall hold regular monthly meetings, and may hold special meetings. The Chairperson may cancel the regular meeting, acting in concert with the Planning Director, if a determination is made that there is no business to conduct. All meetings shall be open to the public but the Planning Commission may hold appropriate closed sessions when allowed or required by law. 4. The Planning Commission may invite and receive suggestions from the public concerning any and all matters within the scope of its duties. 5. The Planning Commission shall keep minutes, which shall record all actions taken by it. Such minutes shall be public records, when required by law. 6. The Planning Commission shall adopt policies and procedures encouraging broad public input on all plans and programs for which the Planning Commission has review responsibility. E. Voting 1. Quorum. A quorum for the Planning Commission shall consist of four (4) eligible voting members present. 2. Conflicts of Interest. Members may be disqualified from voting for conflicts of interest as determined under State statute. The procedures for recusal and for determining potential or actual conflicts of interest shall be as provided in the Commission’s Rules of Procedure. 3. Duty to Vote. A member of the Planning Commission must vote unless the member has a conflict of interest or other good cause. The Commission’s Rules of Procedure shall address the process by which members may be excused from voting. 4 4. Votes Required for Action. Actions of the Planning Commission shall require a simple majority vote of those present and voting, a quorum being present. A tie vote shall be considered as a recommendation to deny the zoning change requested. A party requesting a zoning change and receiving a tie vote, may ask for a re-hearing at the next scheduled Planning Commission meeting. F. Powers and Functions of the Planning Commission 1. For the purpose of fulfilling its role as contemplated by this agreement, the Planning Commission is hereby designated as a planning board pursuant to G.S. 153A-344 and G.S. 160A-383 The Commission may also take on any other planning related functions as delegated, in writing, by the governing bodies. 2. Pursuant to Article 19 Chapter 160A and Article 18 Chapter 153A of the North Carolina General Statutes, the Planning Commission shall have, among other duties, the following duties: a. Propose and review policies and procedures for encouraging broad public input on all comprehensive, area, sub-area, neighborhood and functional plans. b. Review reports of committees it has appointed, or of other commissions or agencies making recommendations in the area of land use or planning. c. Review and make recommendations on plans, including land use, transportation, and capital improvements plans, planning policy and planning implementation actions. Such review and recommendations shall be transmitted to the appropriate governing bodies for consideration during their deliberation. d. Advise and cooperate with units of local government, State government or Federal government on any matter within the Planning Commission’s powers and duties. e Review and make recommendations to the appropriate governing body concerning re-zonings and comprehensive plan changes related to such re- zonings, and proposed text changes to the ordinances. f. Serve if requested by either governing body or if required by ordinance, as ex officio members on other appointive boards, commissions or committees. g. Carry out such additional duties as may from time to time be given or directed by either governing body, so long as no conflict exists between the City and County concerning work priorities or use of resources. In such a case where a conflict exists, the Joint City-County Planning Committee shall work out a resolution to the conflict sufficient for the Governing Bodies to agree upon. 5 SECTION III. BOARD OF ADJUSTMENT A. Establishment of the Board of Adjustment (BOA) There is hereby established a joint BOA which shall exercise all the powers and duties authorized under G.S. 160A-381, G.S. 160A-388, G.S. 153A-340, and G.S. 153A-345, all local enabling legislation adopted by either party. B. Structure of BOA; Appointments by Governing Bodies 1. Composition. The Joint BOA shall consist of seven (7) members and two (2) alternates; of whom the Board shall appoint four (4) members and one (1) alternate and the Council shall appoint three (3) members and one (1) alternate. The four (4) persons appointed by the City shall be appointed for three (3) year staggered terms by the Council. The five (5) appointed by the County shall be appointed for three (3) year staggered terms by the Board. Initially, one person shall be appointed for a one year term, one person for a two year term and one (or 2 in the case of the county) for a three year term. Thereafter all appointments shall be for a three year term. 2. Vacancies and Removal. Upon resignation, permanent disqualification or removal of any member of the BOA, an alternate appointed by the governing body that made the original appointment shall fill the subsequent vacancy in that position for the remainder of the previous member’s term. C. BOA Membership 1. General/Term. The term of office of members of the BOA shall be three (3) years, except where a member is replacing a member whose term has not ended, and shall expire on June 30 of the final year of membership. Members shall receive such compensation and reimbursement of expenses as the governing bodies may prescribe. 2. Membership Requirements. Members of the BOA shall be residents of the County and shall be subject to the following conditions: a. Residency. A member or alternate who ceases to be a resident of the Person-Roxboro Planning Jurisdiction shall be immediately disqualified from membership upon the change of residency and shall resign from the BOA upon such change. c. Attendance. Members shall attend at least seventy-five (75) percent of the total number of regular meetings of the BOA as further prescribed in the BOA’s Rules of Procedures, and may be removed by the appointing governing body for failure to meet this standard. D. Operation of the BOA 1. The officers of the BOA shall be a Chairperson and Vice Chairperson, one of who shall be a City appointee and one of whom shall be a County appointee. The positions 6 shall alternate between a City appointee and a County appointee at least every two years. They shall be elected by the BOA in accordance with its Rules of Procedure and shall have such duties as prescribed in the Rules of Procedure. 2. The BOA shall adopt Rules of Procedure concerning the conduct of the business of the BOA and other necessary matters. Votes required to approve matters before the BOA shall be as provided by General Statute, special legislation, ordinances, and such Rules 3. The BOA shall be subject to applicable state statutes regarding conflicts of interest in voting. E. Legal Representation and Liability The City Attorney’s Office and County Attorney’s Office shall provide legal support and representation for the BOA on issues arising from actions taken within and on behalf of their respective jurisdictions and for issues that arise before the BOA involving the respective jurisdictions. The City shall be liable for judgments rendered against the City and for actions within the City and the County shall be liable for judgments against the County and for actions outside the City. When both the City and the County are named in any action against the BOA or neither jurisdiction is named but the BOA itself is named, the jurisdiction on whose behalf the contested action was taken shall be responsible for defense and payment, if any, of the claim, and, where necessary, shall cooperate in allowing dismissal of the other jurisdiction. In any action, the offices of the City and County Attorney shall only be responsible for representing their respective jurisdictions, and the BOA actions involving their jurisdictions. SECTION IV. ADMINISTRATION A. Establishment of Person-Roxboro Planning Department. There is hereby established the Person-Roxboro Planning Department, which shall consist of the Director and such subordinate employees as may be funded in the Annual Budget. The Planning Department is designated as the administrative body for performing the professional planning functions and providing information, reports, and recommendations to the Planning Commission, City and County Managers and governing bodies. B. Responsibility of Department/Selection of Director/Responsibilities. The Planning Department shall provide such management, regulatory, administrative, and support services as are required or provided for under the approved Work Program and Annual Budget. 1. Director. The administrative head of the Planning Department shall be the Planning Director. The process for the appointment, evaluation and termination of the Planning Director shall be as follows: a. Appointment of the Planning Director. The City Manager and the County Manager, acting in concert, shall appoint the Planning Director. 7 b. Evaluation and Supervision of Director. The City and County Managers shall meet at least annually with the Director to evaluate the performance of the Director. c. Termination of Director. The Planning Director may be terminated by the City Manager and County Manager, acting in concert. 2. Duties of Director. Pursuant to and consistent with City and County Planning Documents, county evaluation system, Annual Budgets, the Planning Director shall perform the following duties: a. Appoint, reappoint, assign and reassign all subordinate employees of the Agency and prescribe their duties; b. Coordinate the activities of the Agency in its functions with other local, State and Federal agencies; c. Represent the Planning Department, Planning Commission, City or County Manager, or governing bodies, before any agency or local government, the State, any other State or the United States with respect to: i. Functions, analysis or recommendations of the Planning Department; ii. Adopted policies of the Planning Commission or Governing Bodies; iii. Other matters as may be directed to the Planning Director from time to time by the City or County Managers, or the Governing Bodies. d. Prepare and submit to the City and County Managers the Department’s Annual Budget for each governmental entity. The Planning Director will prepare revisions to the Annual Budget, as needed for subsequent action by the City and/or County Manager(s) or the Council or Board, as may be required. e. Perform professional planning duties as administrative head of the Planning Department, including but not limited to the following: i. Meet with City and County officials and discuss planning issues, including the development of capital improvement and infrastructure plans, and the development of policy options in response to those issues; ii. Meet and discuss with City and County departments and other public agencies or private groups planning programs in process, under consideration, or established as community objectives. 8 iii. Meet and consult with individuals and groups affected by planning issues, programs, and activities, in order to encourage citizen participation in the planning process; iv. Advise the City and County Managers concerning planning issues and activities of City or County government, which have planning implications; v. Provide management, leadership, and oversight for all planning and implementation activities of the Planning Department; vi. Facilitate the understanding of planning issues and processes by the Planning Commission, City and County governmental agencies and general public. vii. Perform such other duties as may be prescribed by the governing bodies or City or County Managers, or which may be required to carry out the terms of this Agreement f. Regularly advise the Planning Commission, City and County Managers and governing bodies concerning the activities and program progress of the Person-Roxboro Planning Department. C. Applicable Policies and Procedures for Employees 1. Joint Employees. The Planning Department staff shall be considered joint City/County employees. 2. Policies. In order to facilitate administration of the department, the Planning Director shall follow the personnel procedures of the City. The personnel procedures of the County shall be followed by the Planner and Planning Technician positions. D. The budget and financial procedures of the County shall be followed by the Planning Department. E. The County shall continue to own and operate the real property where the joint Planning Department is located. If additional property is purchased and subsequently disposed of, the proceeds of the sale of any jointly purchased property shall revert to the City and County in the same proportion as each contributed to the initial purchase of the property. G. Budget; Beginning with the FY 13-14 budget, the Planning Director shall prepare and submit the proposed Annual Budget to the City and County Managers. The total budget for the department will consist of the cumulative total of the City and County budget allocation. The Planning Director will prepare a budget request for the City and County’s budget process to address the specific funding priorities for each entity. Expenditures will be credited to the proper Finance Department for payment processing. The Planning Director will also be responsible for coordinating the City and County Managers on any budgetary concerns that may arise. The City and County Manager will meet to discuss the department’s budget as needed to address any concerns or future goals. H. Method of Funding; Reimbursement of Budget Expenses 9 1. The expenses of the departmental salaries shall be apportioned as follows: Planning Director – 70% from City funds/30% from County funds County Planner – 100% from County funds Planning Technician – 50% from City funds/50% from County funds 2. The Planning Director’s salary shall be paid by the City. The County Planner and Planning Technician’s salaries shall be paid by the County. These expenses shall be apportioned as stated in item 1 of this section. It is the understanding of all parties that the apportioned salaries for the department as outlined in item 1 of this section are cost neutral to both parties. The Finance Directors for the City and County will review the salaries and allocation percentages in Item 1 annually to verify this continuing neutrality of cost. Should a discrepancy greater than $1,000 annually occur through raises, promotions, reclassification or any other means, the Managers shall review and adjust the budgets or contract accordingly. The only exceptions to this will be through lapsed salaries that occur during the filling of a vacant position. I. Legal Representation and Liability The City Attorney’s Office and County Attorney’s Office, respectively, shall provide legal support and representation for the Planning Department and its employees on issues arising from actions taken within and on behalf of their respective jurisdictions and for issues that arise before the various commissions, agencies, and programs that are staffed and directly supported by the Planning Department. Legal support and compensation for claims against Planning Department employees shall be in accordance with the adopted policies and procedures of the respective jurisdiction regarding defense of employees and payment of claims. The City shall be liable for judgments rendered against the City and the County shall be liable for judgments against the County. When both the City and the County are named in any action against the Planning Department and/or an employee or neither jurisdiction is named but the Planning Department itself is named, the jurisdiction on whose behalf the contested action was taken shall be responsible for defense of the claim, consistent with the policies identified above, and, where necessary, shall cooperate in allowing dismissal of the other jurisdiction. In any action, the offices of the City and County Attorney shall only be responsible for representing their respective jurisdictions, and for Department employees acting on behalf of their jurisdictions, as detailed above, and shall not be responsible for representation of the other jurisdiction. SECTION V. GENERAL TERMS OF AGREEMENT A. This Agreement may be amended from time to time upon mutual consent of the Governing Bodies expressed in writing. The Governing Bodies shall review this Agreement at least once every three (3) years. B. It is the intent of the City and County under this Agreement for the City to exercise no planning or zoning authority within an Extraterritorial Area (ETA). C. Either the City or County may terminate this Agreement for any reason as follows: 1. Termination: This Agreement can only be terminated as of the beginning of any fiscal year, except as provided under paragraph 2, below. Notice to terminate must be given in writing to the other party on or before January 1 immediately preceding the proposed July 1 termination date. 10 2. This Agreement may also be terminated by either party upon thirty (30) days prior written notice to the other party in the event the City and County are unable to agree upon an Annual Budget. IN WITNESS WHEREOF, the parties have authorized this Agreement to be executed and attested by their undersigned officers, to be effective from and after the date written above. CITY OF ROXBORO MAYOR ATTEST: City Clerk COUNTY OF PERSON BOARD CHAIRMAN ATTEST: County Clerk This instrument has been pre-audited in the manner required by the local government budget and fiscal control act. Person County Finance Director City of Roxboro Finance Officer