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Board Agenda Packet Jan 22 2013PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 January 22, 2013 9:00 am CALL TO ORDER…………………………………………………. Chairman Clayton INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA ITEM #1 Resolution of Appreciation – Debra Clayton …………………….. Chairman Clayton ITEM #2 Person County Government Safety Award ……………………………….. Heidi York PUBLIC HEARING: ITEM #3 NC Dept. of Transportation’s (DOT) Proposed Secondary Road Construction Program for Person County (2012-2013) ……………………. Mike Goodwin & Cadmus Capehart ITEM #4 Accept the NC DOT Secondary Road Construction Program for Person County (2012-2013) …………………………………………Chairman Clayton 1 PUBLIC HEARING: ITEM #5 Fiscal Year 2014 Community Transportation Program Application ………………………………………………………………. Kathy Adcock ITEM #6 Fiscal Year 2014 Community Transportation Program Resolution and Local Share Certification for Funding ………….. Chairman Clayton 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. APPROVAL OF MINUTES: ITEM #7 December 10, 2012 January 7, 2013 TAX ADMINISTRATIVE REPORT: ITEM #8 Releases for the month of December, 2012 OLD BUSINESS: ITEM #9 Appointments to the Board’s Newly Established Board of Equalization and Review ……………………………….. Chairman Clayton NEW BUSINESS: ITEM #10 2012 State of the County Health Report ………………………….. Leigh Ann Creson ITEM #11 Sale of Property donated by the family of former commissioner Stony Stonbraker ……………Ron Aycock & Janet Clayton ITEM #12 A Resolution Authorizing Publication of Intent To Exchange Property Owned by the County for Property owned by North Park Drive, LLC …….. Ron Aycock & Stuart Gilbert 2 ITEM #13 Strategic Plan Update ……………………………………………………….. Sybil Tate ITEM #14 Budget Amendment ……………………………………………...…. Amy Wehrenberg CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS CLOSED SESSION (if desired by the Board) Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 3 RESOLUTION OF APPRECIATIONRESOLUTION OF APPRECIATIONRESOLUTION OF APPRECIATIONRESOLUTION OF APPRECIATION WHEREAS,WHEREAS,WHEREAS,WHEREAS, Debra ClaytonDebra ClaytonDebra ClaytonDebra Clayton has served the people has served the people has served the people has served the people oooof Person Counf Person Counf Person Counf Person Counttttyyyy during during during during her her her her tenuretenuretenuretenure as a as a as a as a Senior Administrative Support Senior Administrative Support Senior Administrative Support Senior Administrative Support SpecialistSpecialistSpecialistSpecialist in in in in the Soilthe Soilthe Soilthe Soil & & & & WaterWaterWaterWater Department Department Department Department; and; and; and; and WHEREAS,WHEREAS,WHEREAS,WHEREAS, Debra ClaytonDebra ClaytonDebra ClaytonDebra Clayton has served has served has served has served the citizens of Person County the citizens of Person County the citizens of Person County the citizens of Person County with honor, integrity, sincerity and dwith honor, integrity, sincerity and dwith honor, integrity, sincerity and dwith honor, integrity, sincerity and dedicationedicationedicationedication, pro, pro, pro, providing viding viding viding accurate, concise servicesaccurate, concise servicesaccurate, concise servicesaccurate, concise services for for for for twentytwentytwentytwenty----oneoneoneone yearsyearsyearsyears, , , , JuneJuneJuneJune 1919191999991111 –––– DecemberDecemberDecemberDecember 20 20 20 2011112222; and; and; and; and WHEREASWHEREASWHEREASWHEREAS,,,, Debra ClaytonDebra ClaytonDebra ClaytonDebra Clayton has earned the respect and admiration of has earned the respect and admiration of has earned the respect and admiration of has earned the respect and admiration of all who have known hall who have known hall who have known hall who have known herererer and worked with h and worked with h and worked with h and worked with herererer througho througho througho throughout ut ut ut hhhherererer career; andcareer; andcareer; andcareer; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, the County of Person recognizes the many contributions the County of Person recognizes the many contributions the County of Person recognizes the many contributions the County of Person recognizes the many contributions Debra ClaytonDebra ClaytonDebra ClaytonDebra Clayton has made to the County and offers h has made to the County and offers h has made to the County and offers h has made to the County and offers herererer sincere best wishes for sincere best wishes for sincere best wishes for sincere best wishes for her her her her retirement.retirement.retirement.retirement. NOW, THEREFORENOW, THEREFORENOW, THEREFORENOW, THEREFORE, I, , I, , I, , I, Jimmy B. ClaytonJimmy B. ClaytonJimmy B. ClaytonJimmy B. Clayton, Chairman of the Person County , Chairman of the Person County , Chairman of the Person County , Chairman of the Person County Board of CoBoard of CoBoard of CoBoard of Commissioners, do hereby extend this Resolution of Appreciation mmissioners, do hereby extend this Resolution of Appreciation mmissioners, do hereby extend this Resolution of Appreciation mmissioners, do hereby extend this Resolution of Appreciation to to to to Debra ClaytonDebra ClaytonDebra ClaytonDebra Clayton for continually striving to make Roxboro and Person for continually striving to make Roxboro and Person for continually striving to make Roxboro and Person for continually striving to make Roxboro and Person County a better place to live and work.County a better place to live and work.County a better place to live and work.County a better place to live and work. AdoptedAdoptedAdoptedAdopted this, this, this, this, the the the the 22nd22nd22nd22nd day of day of day of day of JanuaryJanuaryJanuaryJanuary, 20, 20, 20, 2011113333.... ________________________________________________________________________________________________________________________________________________ JJJJimmy B. Claytonimmy B. Claytonimmy B. Claytonimmy B. Clayton, Chairman, Chairman, Chairman, Chairman Person County Board of CommissionersPerson County Board of CommissionersPerson County Board of CommissionersPerson County Board of Commissioners Attest:Attest:Attest:Attest: ________________________________________________________________________________________________________________________________________________ Brenda B. ReavesBrenda B. ReavesBrenda B. ReavesBrenda B. Reaves, NCCCC, CMC, NCCCC, CMC, NCCCC, CMC, NCCCC, CMC Clerk to the BoardClerk to the BoardClerk to the BoardClerk to the Board 4 AGENDA ABSTRACT Meeting Date: January 22, 2012 Agenda Title: Person County Government Safety Award Summary of Information: The Person County Safety Committee implemented a new safety recognition program in July 2012. Each quarter, the Person County Safety Committee selects a county department safety winner. This is a competitive award based on established criteria including: attendance at county trainings, reporting accidents in a timely manner, submitting accident investigation forms, reporting hazards, performance on facility inspections, and emergency procedures testing and other outstanding safety acts. The department will be presented a certificate and plaque with their department’s name listed. The plaque is located in the hallway outside the Commissioners’ Meeting Room. A newsletter article will be in the county newsletter and submitted to the local paper to highlight the outstanding measures of the county department. This award is presented quarterly and this is the second recipient to achieve this honor. Recommended Action: Allow the County Manager to recognize the county department that has earned the second Person County Government Safety Award. Submitted By: Heidi York, County Manager 5 6 7 8 9 10 11 12 13 14 December 10, 2012 1 PERSON COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2012 MEMBERS PRESENT OTHERS PRESENT Jimmy B. Clayton Heidi York, County Manager Kyle W. Puryear Sybil Tate, Assistant County Manager B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Frances P. Blalock Angie Warren, Human Resources Director David Newell, Sr. The Board of Commissioners for the County of Person, North Carolina, met in recessed session for a special called meeting on Monday, December 10, 2012 at 5:00 pm in the FEMA room at the Human Services Building for the purpose to meet jointly with the Board of Health and the Department of Social Services (DSS) Board. The meeting was facilitated by UNC School of Government representatives for the group to discuss options related to consolidating human services. Chairman Clayton called the meeting to order at 5:04 pm. Person County participants: · Jimmy Clayton – Chair, Board of Commissioners · Ray Jeffers – Vice Chair, Board of Commissioners and Commissioner Representative on the DSS Board · Commissioner Frances Blalock, Board of Health Member (Commissioner Representative) · Commissioner David Newell · Commissioner Kyle Puryear · Brenda Reaves – Clerk to the Board of Commissioners · Heidi York – County Manager · Sybil Tate – Assistant County Manager · Angie Warren – Human Resources Director · Steven Bailey – Chair, Board of Health · Claudia Berryhill – Member, Board of Health · Jack Hester – Member, Board of Health · Jeff Noblett – Member, Board of Health · Doris Pillow – Member, Board of Health · Janet Clayton – Director, Health Department · Angeline Brown – Chair, Social Services Board · Dolly Denton – Member, Social Services Board · Margaret Jones – Member, Social Services Board · Carlton Paylor – Interim Director, Department of Social Services 15 December 10, 2012 2 UNC School of Government participants: · David Brown – Director, Applied Public Policy Initiative · Margaret Henderson – Facilitator · Jill Moore – Associate Professor of Public Law and Government · Aimee Wall – Associate Professor of Public Law and Government Introduction and Expectations: Ms. Wall introduced herself and the rest of the UNC School of Government (SOG) team, including Margaret Henderson, Jill Moore, and David Brown. Ms. Wall explained that she and others at SOG have been tracking a developing issue over the course of the past year—namely, how are human services agencies and their governing boards structured in North Carolina’s counties? How are they presently organized, and what has changed in light of the recent passage of House Bill 438? This would be the topic of the evening’s facilitated discussion, led by Ms. Henderson and informed by Ms. Wall and Ms. Moore. Ms. Wall emphasized that SOG staff are participating as educators in the interest of informed debate; they have no stake in whether or not Person County decides to implement changes to its human services. To begin the discussion, Ms. Henderson asked Person County participants to introduce themselves and to each offer at least one value or process that the group should honor. The group suggested the following: · We have two good boards. (Commissioner Puryear) · Don’t change the things that are working now. (Mr. Hester) · No news is good news—community seems satisfied with services. (Chairman Clayton) · Citizen participation and input on boards. (Ms. Reaves) · Good staff who create positive first impressions. (Ms. Tate) · Advocacy from boards is an asset in the community. (Vice Chairman Jeffers) · Perfect score on accreditation. (Mr. Noblett) · Departments work well together as currently configured. (Ms. Clayton) · Positive communication between department heads. (Ms. Warren) · Keep the focus on Person County, not a wider region; Health and Department of Social Services (DSS) boards provide a political buffer for the Board of County Commissioners (BOCC), but BOCC has the last word. (Ms. Berryhill) · What we have works well, so there’s no reason to change. (Commissioner Blalock) · Good customer service and working environment. (Mr. Paylor) · Quality staff and relationships with directors. (Ms. York) · Working relationship between directors and staff should remain as open as possible. (Ms. Brown) · Continuing citizen participation and involvement; mandated professions on the Board of Health brings together more diverse perspectives and professional expertise. (Mr. Bailey) 16 December 10, 2012 3 Discussion of County Options: Ms. Moore gave a presentation entitled “Local Human Services Organization and Governance”: 17 December 10, 2012 4 18 December 10, 2012 5 19 December 10, 2012 6 20 December 10, 2012 7 21 December 10, 2012 8 22 December 10, 2012 9 23 December 10, 2012 10 24 December 10, 2012 11 25 December 10, 2012 12 26 December 10, 2012 13 27 December 10, 2012 14 28 December 10, 2012 15 Ms. Moore summarized that no counties are implementing Option 1 noting that Wake, Buncombe, and Edgecombe are implementing Option 2; the latter two counties have pursued this change since the passage of House Bill 438. Bladen, Brunswick, Mecklenburg, and Montgomery are implementing Option 3; all but Mecklenburg has made this change since the passage of House Bill 438 with many more counties, including Person, are evaluating their options. 29 December 10, 2012 16 30 December 10, 2012 17 Ms. York explained that the county’s Health and DSS directors each report to their respective boards. As the county manager, she does not supervise either director. Chairman Clayton added that he likewise has no direct authority over these positions; disputes are resolved by the State Personnel Board. Ms. York said that confusion from employees has driven management to explore alternatives for change. One such alternative is to remove Health and DSS employees from State Personnel Act (SPA) jurisdiction, in favor of having them governed by the county’s personnel policies. Commissioner Newell asked if SPA policies are different from Person County’s. Ms. Warren affirmed that there are important differences: for example, county personnel grievances stop with the employee’s manager, while SPA personnel grievances are elevated to the appropriate director and ultimately to the state. In general, there is a greater state role with SPA employees. Ms. Moore explained that under Option 1, the BOCC is the governing board for both Health and DSS. Those departments’ employees remain under the SPA’s jurisdiction because there is no consolidation; by default, state law prescribes that Health and DSS employees are governed by the SPA. Under Options 2 and 3, the Health and/or DSS departments or other agencies are combined into a consolidated human services agency (CHSA), which may be governed by a newly appointed board (Option 2) or directly by the BOCC (Option 3). After consolidation, Health and DSS employees are removed from the SPA’s jurisdiction and put under county personnel policies unless the BOCC affirmatively acts to keep them under the SPA. The default is for CHSA employees to go under county policies, but the law gives the BOCC the option to elect to keep them under the SPA. Ms. Wall explained that Options 1 and 3 require the appointment of a Public Health advisory committee while Option 2 does not, and none of the three options requires the appointment of a DSS advisory committee. Ms. Wall speculated that the reason for this might be that NC law already contains a specific list of required positions the legislature could point to for existing Health boards, but no similar language for existing DSS boards. Ms. Moore said that if the BOCC assumes the Board of Health’s duties (Option 1) or the Consolidated Human Services Board’s duties (Option 3), the commissioners also assume responsibility for requirements such as accreditation. What is a human services agency? Vice Chairman Jeffers described this as “the great unanswered question.” Under the new law, could Person County combine DSS with its Veterans agency, and leave the Board of Health out of this consolidated arrangement? If so, could it then remove DSS employees from SPA jurisdiction? Ms. Moore affirmed that this is an option under the new law. 31 December 10, 2012 18 Ms. Moore informed the group that no matter what agencies they may consolidate, the composition of the Consolidated Human Services Board remains the same. For example, the board must include both a psychologist and a psychiatrist who must be county residents. Also, although a normal board member’s term is 4 years, the BOCC could appoint some members of the initial consolidated board to 2-year terms to create a staggered membership and ensure some continuity from one appointment cycle to the next. Vice Chairman Jeffers noted that if the BOCC appoints a consolidated board (Option 2), the Board of Health loses very little of its powers and authorities. Ms. Moore agreed, except that unlike the current Health board, the consolidated board would not appoint the Health Director. Instead, the County Manager would hire the director with the advice and consent of the consolidated board. Chairman Clayton announced a brief break at 6:22 pm. The meeting reconvened at 6:34 pm. Discussion of Public Health Data: Ms. Wall circulated a handout entitled “Person County Public Health Data.”. She explained that research identifies population as a driver of lower per-capita public health costs and FTEs, presumably because of economies of scale, and that SOG’s findings were consistent with this. For the purposes of this analysis, Person was grouped with 27 other counties in the “low population” cohort. Ms. Clayton explained that Home Health and Hospice is included in the “Other Revenues” bar in the chart displaying expenditures by funding source for fiscal year 2010. 32 December 10, 2012 19 33 December 10, 2012 20 34 December 10, 2012 21 35 December 10, 2012 22 36 December 10, 2012 23 Human Services Changes: Catalysts, Context, and Concerns: Vice Chairman Jeffers identified a key frustration for the county under its current human services arrangement with the state: the county cannot hire a DSS director that does not meet the exact state standards, in spite of the fact that Person County provides some of the funding for DSS. Ms. York concurred, explaining that Mr. Paylor had been the “Interim” DSS Director for more than 2 years. She said that the county’s largest department should have a permanent director, but the county is unable to give Mr. Paylor this designation before he meets all of the state’s requirements (which he is in the process of fulfilling). If Person County consolidated DSS with another human services agency, it could remove DSS employees from SPA jurisdiction and thus acquire the ability to set its own qualifications for the position. Aside from the ability to remove staff from SPA jurisdiction, Ms. Henderson asked participants whether they saw other advantages (or disadvantages) arising from changes in its human services structure. She encouraged the group to be clear about what could be gained and what could be lost in any change. For example, she noted that it could become more difficult to recruit senior officials and staff from counties where employees remain under the SPA. Ms. Clayton said that removing employees from SPA would be a benefit for managers, because it would mean that state approval would no longer be required for position reclassification, but the move could be detrimental for employees, because the SPA is more protective and gives employees a property right in their jobs. Ms. York noted that the county’s other 280 employees do not enjoy this right, and they also differ from Health and DSS employees in that their leadership serves at the pleasure of the BOCC. Ms. Berryhill agreed with the notion that all county employees should be treated equally. Continuing the discussion of advantages and disadvantages, Ms. Warren identified a possible efficiency gain through the elimination of human resources responsibilities in Person’s DSS and Health departments, as those duties would be consolidated in her department for all county employees. However, she recognized that Human Resources could face the need to augment its staff to handle the increased workload. Turning to the subject of boards, Commissioner Puryear observed that smaller boards operate more efficiently, and it is sometimes hard to get everyone to show up. Chairman Clayton provided important context for the discussion of personnel status and why Health and DSS employees have traditionally been considered SPA employees. He explained that in the 1950s the state first required its counties to provide Health and DSS services to their citizens. Because some county oficials did not support the new requirement, the state protected its Health and DSS employees from local control and the potential for harassment or meddling this could bring. It also seemed wise to create a buffer between those service providers and local BOCCs in order to allow space for politically or socially sensitive decisions. 37 December 10, 2012 24 Commissioner Newell asked who advocated for the new legislation. Ms. Wall replied that the NC Association of County Commissioners was its primary advocate. Vice Chairman Jeffers said that smaller counties sought changes in human services organization and governance because they wanted the same flexibility that the largest counties already had. Counties thus lobbied the General Assembly for the ability to explore efficiencies in these areas, which required the legislature to remove the population threshold it had previously established. Vice Chairman Jeffers explained that the initiative arose out of the association’s legislative goals process. As the association’s president-elect, he encouraged county participants to identify “what isn’t working” in their departments and discuss these matters with him to determine whether the association should pursue a legislative solution. Ms. Wall shared an example from Guilford County’s experience. Although the state had deemed the county’s personnel policies to be “substantially equivalent” in all six of the existing areas, county commissioners decided to leave Guilford’s employees under the SPA because they wanted to retain access to the free technical assistance provided by the state’s Office of State Personnel (OSP). Ms. Wall noted, however, that FTEs in that OSP group had been reduced over the past several years from 9 to 1.5. Ms. Wall explained that the concept of “substantial equivalence” comes into play only if a county keeps its employees under SPA. If a county consolidates two or more human services agencies, employees may be placed under the county’s personnel policies, and the substantial equivalence of those policies is no longer relevant. Mr. Bailey said he understood that retirement policies would not change for employees moved from SPA to Person County’s personnel system. He asked whether the same would be true for leave—would employees retain their per-paycheck accrual rates and accumulated totals? Mr. Paylor noted more information is needed from the OSP related to the leave transition for employees. The SOG representatives noted they would follow up with an SPA specialist and report back to Person County. Mr. Hester asked about potential consequences if the county could not recruit a psychiatrist to serve on its Consolidated Human Services Board. Ms. Wall said that the body would still be considered a governing board. When asked how many vacancies could exist at any one time, Ms. Moore stated that this is an unanswered question under existing law, but it is likely that at least a majority of the positions would need to be filled in order for the board to be functional. Ms. Wall noted that DSS boards at times operate for months with selected vacancies. Participants discussed other personnel models in the county. These include the Sheriff’s and Registrar’s offices, which have elected leaders and at-will employees. In addition, the ABC Board has two BOCC-appointed members, but its employees have a separate retirement system and are not really county personnel. 38 December 10, 2012 25 Participants asked about the permanence of any human services changes the BOCC may undertake. SOG staff explained that changes could be re-considered as soon as the next BOCC meeting. This could involve separating consolidated departments, re- creating separate boards, and/or returning Health and DSS employees to SPA jurisdiction. Next Steps and Follow-ups: Ms. York said that her impression from talks with the BOCC is that commissioners have no interest in becoming a governing board. So the choice seems to be between (a) retaining separate human services agencies and their respective boards, i.e., the status quo; and (b) consolidating certain agencies and governing them with a consolidated board, i.e., Option 2. Ms. York said that she, Ms. Clayton, and Mr. Carlton would talk to each of their respective boards about the county’s options and then report back. Vice Chairman Jeffers asked SOG staff to stand by while the county deliberates and determines whether further SOG assistance is needed. As a follow-up, participants wanted to know more about the potential transition away from SPA, specifically the possibility of current SPA employees losing their leave if moved under the county’s personnel system. As noted above, the SOG representatives will follow up with an SPA specialist and will report back. Evaluation of the Meeting: Like Dislike/Proposed Change In-person presentation easier to digest than webinar Informed presenters brought needed information into the room SOG cleared up the “fear factor” around the unknown None All NC counties have the same options 39 December 10, 2012 26 ADJOURNMENT: A motion was made by Vice Chairman Jeffers, seconded by Commissioner Blalock, and carried 5-0 to adjourn the meeting at 7:21 pm. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman Note: UNC School of Government representatives contributed to the preparation of the minutes. (Draft Board minutes are subject to Board approval). 40 January 7, 2013 1 PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 7, 2013 MEMBERS PRESENT OTHERS PRESENT Jimmy B. Clayton Heidi York, County Manager Kyle W. Puryear C. Ronald Aycock, County Attorney B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Frances P. Blalock David Newell, Sr. The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, January 7, 2013 at 7:00 pm in the Person County Office Building Auditorium. Chairman Clayton called the meeting to order, led invocation and asked Vice Chairman Jeffers to lead the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: It was the consensus of the Board to move the Informal Comments period to follow Board discussion of Item #8 and prior to action in Item #8. A motion was made by Commissioner Blalock, seconded by Commissioner Puryear and carried 5-0 to approve the agenda as adjusted. RESOLUTIONS OF APPRECIATION: Chairman Clayton read and presented a Resolution of Appreciation to each Person County retirees Linda Perkins and Annie Williams. 41 January 7, 2013 2 42 January 7, 2013 3 43 January 7, 2013 4 PUBLIC HEARING: TEXT AMENDMENT TO THE ZONING ORDINANCE PERTAINING TO NONCONFORMING USES AND ACCESSORY USES: A motion was made by Vice Chairman Jeffers, seconded by Commissioner Puryear and carried 5-0 to open the duly advertised Public Hearing related to text amendment to the Zoning Ordinance pertaining to nonconforming uses and accessory uses. Planning Director, Paula Murphy stated the Planning Board addressed the nonconforming use and accessory use sections of the Zoning Ordinance and recommended the following amendment changes as follows: Planning Board Recommended Changes to the Non-conforming Use and Accessory Structure sections of the zoning ordinance Text in italics are proposed changes. Text in bold are additions to the ordinance. Nonconformities are existing, completed land uses, structures, or lots that were legal when established but are inconsistent with subsequently adopted or amended land use regulations. A use that is initiated in violation of a zoning ordinance does not enjoy nonconforming status. NONCONFORMING USES New Definitions to Consider: the Ordinance needs to define the following: Nonconforming Building – A building or structure that is not in conformance with the provisions (Section 75-Table of Dimensional Requirements) of the district in which it is located. Nonconforming Lot – Surveyed and recorded lots that met existing zoning regulations when created but no longer conform to the adopted regulations. Nonconforming Use – A lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations before adoption of this Ordinance or the predecessor Person County Zoning Ordinance. 44 January 7, 2013 5 101-1 Nonconforming uses may not be changed to another nonconforming use unless the Board of Adjustment determines that such change shall be no more detrimental to the neighborhood than the existing use; however, no change of title or possession, or right to possession of property shall be construed to prevent the continuance of a nonconforming use. 101-2 No building may be extended or enlarged or the amount of land devoted to a use increased unless such extensions or enlargements comply with all the provisions of this ordinance. Proposed 101-2 Any structure existing at the time of adoption of this Ordinance which does not comply with setback or yard requirements, or which exceeds height requirements, may be continued in use but shall not be enlarged or extended unless such extensions or enlargements comply with all the provisions of this ordinance. No unenclosed portion of a building may be enclosed if the setback or height requirements are not met. 101-3 Nothing in this ordinance shall be construed to prevent the reconstruction of any building, conforming or nonconforming, damaged by any means. However, any nonconforming building which is damaged may only be replaced by a structure of equal or smaller size and square footage as that of the previous structure. No reconstruction or new construction shall be allowed which creates any new or additional nonconformity than that which existed at the time of damage. 101-4 If a nonconforming use is discontinued for a period of 180 days or for more than eighteen months in any three year period, the future use of the building or land must be a conforming use. Proposed 101-4 If any such nonconforming use of land and/or structure ceases for a period of more than one year (except when government action impedes access to the premises), any subsequent use of such land and/or structure shall conform to the regulations specified by this ordinance for the district in which such land is located. Vacancy and/or nonuse of the land or structure, regardless of the intent of the owner or tenant, constitute discontinuance under this Section. 101-5 A nonconforming use may be changed to a use of higher classification and whenever the use is changed to a higher or conforming classification then it shall not be allowed to change to the original use or to a lower use. For the purposes of this section, the order of classification of use, form the highest to the lowest shall be as follows: R, B-1, B-2, GI and RC. 45 January 7, 2013 6 101-6 If a nonconforming structure or a conforming structure devoted to a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall not exceed 60 percent of the cost of reconstructing the entire structure based on the assessed structure value, as recorded by the County Tax Assessor, it may be repaired or restored, provided such repair or restoration is started within six months of the damage and completed within twelve months. However, any nonconforming building which is damaged may only be replaced by a structure of equal or smaller size and square footage as that of the previous structure. Relief to the time limits may be granted by the Board of Adjustment. 101-7 A nonconforming structure or a conforming structure devoted to a nonconforming activity that is damaged by any casualty to an extent more than 60 percent of its assessed value, based on County Tax Assessor records, shall not be restored except as follows: a. As a conforming use. b. If the use is a one-family dwelling, restoration shall be permitted, provided such restoration is begun within six months of the casualty and completed within 24 months of the casualty. c. For structures except a one family dwelling, restoration of a nonconforming structure shall require approval by the Board of Adjustment. A site plan according to Section 80 will be required. In approving such permit, the Board will consider the stated purpose for establishing the zoning district, in which the structure is located, the uses in the area immediately surrounding the structure in question, particularly the other nonconforming uses, and the hardship which would result from a denial of the Conditional Use Permit. The permit shall include conditions as to time for repair to be completed and any other conditions deemed necessary to carry out the intent of this section of the ordinance. 101-8 A nonconforming use may be extended or enlarged with a Special Use Permit provided that the addition is no more than fifty percent of the original structure and a landscape buffer is provided to buffer the new portion from adjacent land owners and all setbacks, height, and area requirements of the Planning Ordinance are met. Single family dwellings are exempt from Section 101-6. (The Planning Board proposes to delete this section from the ordinance) New Sections to be considered: 101-9 Nonconforming lots of record: Permitted Structures may be erected upon any single lot of record at the time of adoption of this Ordinance, provided the minimum yard requirements are met. A variance to the zoning ordinance is required if the yard width or setback requirements can not be met. 46 January 7, 2013 7 101-10 The creation of a lot with a width or area smaller than allowed by existing zoning requirements is prohibited, except by governmental action, such as a road widening. Any lot, which, by reason of realignment of a public street or highway or by reason of condemnation proceedings, has been reduced in size to an area less than that required by law, shall be considered a nonconforming lot of record subject to the provisions set forth in this section; and any lawful use or structure existing at the time of such highway realignment or condemnation proceedings which would thereafter no longer be permitted under the terms of this ordinance shall be considered a nonconforming use or structure as that term is used in this ordinance. 101-11 When any nonconforming use is superseded by a permitted use, the use shall thereafter conform to the regulations for this district, and no nonconforming use shall thereafter be resumed. The Planning Board decided to keep these sections, making no changes: 102-1 Nothing in this ordinance shall prevent the restoring or strengthening of a nonconforming structure to a safe condition, provided that the square feet of the structure shall not be increased. 102-2 Should any nonconforming structure be moved for any reason within the Zoning Jurisdiction of Person County, it shall conform to the regulations for the district in which it is to be located. The following section will be deleted. The proposed Section 101-9 is the same. 103-1 In any district, notwithstanding the dimensional requirements for the district in regards to lot width and minimum area, buildings, may be erected on any legally created lot of record existing at the effective date of adoption to this ordinance. Accessory Structures An accessory building - An accessory building, structure or use is a building or structure or use on the same lot or site with, of a nature customarily incidental or subordinate to, and of a character related to the principal use or structure. Accessory buildings are, but not limited to: sheds, garages, lean to, storage buildings, carports, pool, but not to include well houses (not to exceed 6’ x 6’), and gazebo or pool house if attached to footprint of pool. Pools - Pools are considered accessory uses if they are above ground or in ground if not attached by either a deck or solid material such as brick, stone, concrete, etc. to the principal structure. 47 January 7, 2013 8 60-5 Unless otherwise specified in this ordinance, accessory buildings may be allowed within five feet of rear and side yard lot lines provided they are five feet or more from the main structure. Proposed 60-5 Accessory structures shall be located at least five feet from any principal structure and side and rear property lines. 60-6 Unless otherwise specified in this ordinance, every principal building hereafter erected or moved shall be located on a separate lot and in no case shall there be more than one principal building and three permitted accessory buildings on all lots under three acres. There shall be allowed one additional accessory building for every acre over three acres. Industrial operations located in the GI district shall be exempted from this provision. 60-6A - Accessory structures shall be placed in the rear or side yard and not the front yard of all lots under five acres. Parcels of property containing five acres or larger may place an accessory building in the front yard provided such building is located at least 50 feet from any street right of way line and a minimum of twenty five feet from any side property line. 60-6B -Accessory buildings shall only be allowed on a lot upon which a primary dwelling, multifamily dwelling, business use or industrial use exists. Ms. Murphy stated the Planning Board held a Public Hearing on November 8, 2012 and voted 4 to 0 to recommend approval of all of the proposed ordinance changes as presented. The only individual that appeared before the Board to speak related to the proposed text amendment to the Zoning Ordinance pertaining to nonconforming uses and accessory uses was Mr. Jay Jennings of 155 High Rock Road, Hurdle Mills. Mr. Jennings told the Board he thought the proposed text amendment in some cases would be an improvement and in other cases raised concerns. Mr. Jennings asked for clarification of the proposed 101-2 would mean if the structures existing at adoption meant the original adoption of the Zoning Ordinance or referred to the pending Board adoption of the text amendment. Ms. Murphy and the County Attorney, Ron Aycock confirmed the intent refers to the original adoption date of 1991 of the Zoning Ordinance which would mean any non-conforming structure would not be required to be removed nor could it be enlarged or extended. Mr. Jennings noted concerns related to the proposed 101-4 giving an example of elderly parents having to vacate the residence due to necessity of assisted living or medically placement at a health facility. 48 January 7, 2013 9 Mr. Jennings stated his approval of the proposed lesser restrictive number of accessory buildings being allowed on larger lots over five acres noting his concerns related to the property line set back only making sense on small lots, i.e. City limits, one- acre lots and encouraged the Board to let the citizens decide the footprint of their property. A motion was made by Vice Chairman Jeffers, seconded by Commissioner Puryear and carried 5-0 to close the Public Hearing related to text amendment to the Zoning Ordinance pertaining to nonconforming uses and accessory uses. CONSIDERATION OF THE TEXT AMENDMENT TO THE ZONING ORDINANCE PERTAINING TO NONCONFORMING USES AND ACCESSORY USES: Vice Chairman Jeffers and Commissioners Puryear and Blalock commented the recommendations did not fully satisfy their preference in the proposed 101-2, 102-1, 60-5 and 60-6. A motion was made by Vice Chairman Jeffers, seconded by Commissioner Newell to further discuss this item at a time designated for a work session. A substitute motion was made by Commissioner Puryear, seconded by Vice Chairman Jeffers and carried 5-0 to place this item on the Board Retreat agenda. PUBLIC HEARING: PERSON COUNTY NON-SMOKING ORDINANCE: A motion was made by Vice Chairman Jeffers, seconded by Commissioner Puryear and carried 5-0 to open the duly advertised Public Hearing to hear comments related to the Person County Non-Smoking Ordinance. Health Director, Janet Clayton reminded the Board that the Person County Non- Smoking Ordinance was presented September 17, 2012. Since that time, several discussions and changes have been presented and during the November 19, 2012 Board meeting, the Person County Board of County Commissioners decided to move forward with a public hearing for the Person County Non-Smoking Ordinance in January 2013. At the Board’s meeting on December 3, 2012, the public hearing was scheduled to be held on January 7, 2013. Ms. Clayton requested the Board to 1) Conduct the public hearing for public comment and 2) Approve the Person County Non-Smoking Ordinance. 49 January 7, 2013 10 Vice Chairman Jeffers stated issue with the seventh paragraph of the proposed Non-Smoking Ordinance requesting text change to reflect the parks and recreational facilities only as determined by the Recreation Advisory Board (RAB) in lieu of facilities and grounds controlled by Person County. Vice Chairman Jeffers stated the intent for the RAB to designate smoking areas away from the stands and dugouts. County Attorney, Ron Aycock suggested defining as recreational facilities and grounds and such other facilities as determined by the Board of County Commissioners. Vice Chairman Jeffers asked the Health Director about the required setback at the Human Services facilities. Ms. Clayton stated there is a 35 foot setback for the Human Services building. Commissioner Puryear stated his preference to not have another ordinance on the on the books and suggested a Parks and Recreation regulation defining designated smoking areas. Mr. Aycock confirmed the Board of Health adopted a resolution regulating smoking as authorized by the State of NC in public health and social services facilities and their surrounding parking lot. Mr. Aycock noted additional legislation adopted by General Assembly authorizing counties or health boards to implement further regulation as approved by the Board of County Commissioners. Ms. Clayton explained Appendix A as a listing of all county facilities that the Board of Commissioners could, at any time, regulate and designate smoking areas is so desired. Chairman Clayton stated that it is not the intent to regulate smoking in the county however; the intent is to regulate and prohibit smoking in the dugouts and grand stand areas at recreational facilities. Ms. Clayton clarified the proposed Non-Smoking Ordinance is a new ordinance noting the 2008 Board of Health Ordinance prohibited smoking inside of governmental buildings in the City of Roxboro and Person County as well as within a 35 foot perimeter around the Human Services facility. Ms. Clayton stated the Board of Health under law and precedent is not allowed to make exceptions such as presented in the proposed ordinance. Mr. Aycock told the group that the General Assembly has granted authority requiring the Board of County Commissioners to approve a health regulation thereby setting policy noting that same authority is not granted to a county department. Ms. Clayton stated if the Non-Smoking Ordinance is approved, the Board of Commissioners will grant the authority to the RAB the opportunity to set a 50 foot setback from any recreation, health and wellness amenity. 50 January 7, 2013 11 There were no individuals appearing before the Board to speak in favor of the Person County Non-Smoking Ordinance. The following individual spoke in opposition to the Person County Non-Smoking Ordinance: Mr. Raleigh Evans of 181 Fork Junction Road, Timberlake stated his preference for designated smoking areas be available at the recreational facilities where smoking would be prohibited. Mr. Evans did not want the prohibition of smoking or inclement weather to lead the smokers to use the public bathroom and/or cars thereby making others breathe in the chemicals and nicotine. Vice Chairman Jeffers addressed Mr. Evans concern noting covered areas will not be available but the goal is to remove smoking from the stands by setting a buffer from those areas. A motion was made by Vice Chairman Jeffers, seconded by Commissioner Blalock and carried 5-0 to close the Public Hearing related to the Person County Non- Smoking Ordinance. CONSIDERATION OF THE PERSON COUNTY NON-SMOKING ORDINANCE: A motion was made by Vice Chairman Jeffers, seconded by Commissioner Blalock and carried 4-1 to adopt the Person County Non-Smoking Ordinance incorporating the text suggestion by the County Attorney in seventh paragraph of page one of the Ordinance to define as recreational facilities and grounds and such other facilities as determined by the Board of County Commissioners. Commissioner Puryear cast the lone dissenting vote. 51 January 7, 2013 12 52 January 7, 2013 13 53 January 7, 2013 14 54 January 7, 2013 15 55 January 7, 2013 16 56 January 7, 2013 17 APPROVAL OF MINUTES: A motion was made by Vice Chairman Jeffers, seconded by Commissioner Blalock, and carried 5-0 to approve the minutes of December 3, 2012. TAX ADMINISTRATIVE REPORT: A motion was made by Commissioner Blalock, seconded by Vice Chairman Jeffers, and carried 5-0 to approve the Tax Administrative Report noting the Releases for the month of November, 2012. OLD BUSINESS: REVIEW OF THE PROPOSED RECREATION AND SENIOR CENTER PROJECT: County Manager, Heidi York stated at the Board’s December 3, 2012 meeting, the Board voted 3-2 to suspend the current contract for design services and authorize the County Manager to negotiate a contract for the design of the existing buildings at the Huck Sansbury complex not to exceed $75,000. Staff, along with MHA Works, the contracted architectural firm, has been directed to make a presentation on the projected financial impact of a new recreation complex focusing on a new “base” version of the project. This base version includes renovation of the existing buildings as a combined recreation and senior center, a six-lane swimming pool and splash pool area, air conditioning for the existing gym, and an enclosed track. Staff has also been asked to share revenue projections, proposed membership and usage fees, as well as projected annual operating costs. Ms. York presented the following presentation to the Board and requested the Board to provide direction to staff. 57 January 7, 2013 18 58 January 7, 2013 19 59 January 7, 2013 20 60 January 7, 2013 21 61 January 7, 2013 22 62 January 7, 2013 23 63 January 7, 2013 24 64 January 7, 2013 25 65 January 7, 2013 26 66 January 7, 2013 27 67 January 7, 2013 28 Recreation, Arts and Parks Director, John Hill stated the presentation was based on very conservative projections, i.e., 200 memberships. Ms. York told the Board the break-even numbers for the proposed center would be a monthly fee of $130 for a total of 200 members or at the proposed $30 monthly fee level, 800 members would be required. Finance Director, Amy Wehrenberg estimated a 3 to 4% interest rate on a 15-year term loan. Commissioner Newell estimated $274,000 as an annual payment on a 20-year loan at 3%. At this point during the discussion of the Recreation and Senior Center project, the Board wanted to hear informal comments from those who had signed up to speak. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Dr. Walter Bartlett, President of Piedmont Community College (PCC), PO Box 1197, Roxboro requested the Board to keep PCC in the forefront of any conversation and planning with respect to the proposed Recreation and Senior Center project due to the fact that PCC’s Workforce Training Center has been located in part of the county-owned space to be a part of that project since 2005 to serve unemployed and underemployed citizens of Person County and would be displaced if constructed. Mr. Bryan Glei of 250 Whitetail Lane, Leasburg described to the Board an adversarial relationship between the Tax Office and taxpayers with respect to the recent revaluation noting the appeal process is unfair requiring the taxpayer to obtain an appraisal and provide sales data to prove the new value is incorrect. Mr. Glei stated his property increased by 43%. Ms. Kay Rudd of 1056 Paynes Tavern, Roxboro read a letter from one of her recreational program participants that supported the proposal recreational and senior center project. Ms. Pat Hill of 916 Mann Oakley Road, Rougemont commented on how the county would pay for the proposed recreation and senior center and if taxes would be increased to do so. Ms. Hill urged the Board to work with existing fitness centers to use their facilities. Ms. Hill stated revenues could be gained by increasing recycling. Mr. Curtis Bradsher of 1114 Burlington Road, Hurdle Mills stated he had no comments. 68 January 7, 2013 29 Ms. Maddison Teasley of 448 River Oaks Parkway, Timberlake advocated for the proposed recreation and senior center. Elder Clyde Winstead of 2920 Lawson Chapel Church Road, Roxboro and President of the Person County Interdenominational Ministerial Alliance reminded the Board that 55% of the voters in 2008 supported the project and the center would improve the quality of life of the community. Ms. Phyllis Sutton of 72 Shannon Court, Timberlake thanked Commissioner Jeffers, Ms. York and Ms. Foti for the Public Broadcasting System feature on UNC-TV on Person County and its growing senior population. Ms. Sutton stated the many services offered at the Senior Center are necessities to those who do not have the natural supports in the home. Ms. Patricia Paylor of 410 Cody Street, Roxboro stated the need in Person County to have a facility for patients for swimming, track, therapy, nutrition noting she currently obtains those services from Duke programs. Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont spoke against the proposed recreational and senior center due to the economy with people out of work. Ms. Blalock estimated the project to costs $5 million over a 15-year term. Ms. Connie McCain of 1425 Jackson Street, Roxboro told the Board the citizens have overwhelming spoken in support of the proposed recreation and senior center at forums, through editorials and on the 2008 ballot. Ms. McCain urged the Board to stop playing politics, leave their personal agendas at the door and vote in favor of the center. Ms. Doris Johnson of 996 Robertson Road, Roxboro asked the Board to forget the trash and County Club and to vote to proceed with the senior center just like was done with the Courthouse. Mr. Will Paul of 350 Wrenn Crumpton Road, Roxboro stated the dire need in Person County for something to do and the proposed recreation and senior center would benefit every citizen. Mr. Robert Allen of 549 Old City Lake Road, Roxboro and a member of the Kerr- Tar Aging Advisory Council stated the current senior center facility is inadequate and requested for the Board to make a long term investment in the senior population. Mr. Avie Lester of 7499 Virgilina Road, Roxboro and President of the Person County NAACP encouraged the Board to go forward with what the people voted for in 2008 and asked if not now, when. Ms. Susan Naylor of 481 Valhalla Drive, Timberlake stated her support of the proposed recreation and senior center project. 69 January 7, 2013 30 Ms. Amy Green of 630 Younger Road, Roxboro advocated for the recreation and senior center and the use by citizens. Ms. Faye Boyd of 69 Foxwood Drive, Timberlake stated government should not compete with local businesses, telling the Board to plan fiscally for the long term noting the costs for maintenance on the proposed facility will only increase over the term. Ms. Boyd added that recycling equals revenue. Mr. Tony Wesley of 3808 Burlington Road, Roxboro told the group that Total Fitness was here to stay. Mr. Wesley described the weak economy noting Total Fitness has experienced a big turnover in membership and feels the same will happen to Person County with the proposed center and eventually costs will have to be passed on to the taxpayers as the county struggles to make budget. Mr. Wesley stated he took issue with the financial projections as illustrated in the presentation. Ms. Becky Fuller of 602 Frank Street, Roxboro asked the Board to give the children of Person County something to do with the proposed center. Ms. Fuller stated the economy would grow if the recreation and senior center is constructed. Mr. Donald Long of 9741 Virgilina Road, Roxboro and Chairman of the Recreation Advisory Board told the Board that now is the time to proceed with the proposed recreation and senior center noting the project has been studied, researched and voted on for 15 years. Mr. Mitch Pergerson of 2146 Thee Hester Road, Roxboro and former Director of the Recreation, Arts and Parks Department provided a detailed history of events related to the Board and community position of a recreational center for nearly 40 years. Mr. Pergerson urged the Board to reconsider the proposed recreation and senior center project. Mr. Carl Mangum of 947 Jones Lester Road, Roxboro told the group that not all families in Person County can afford to be a member of a private pool and asked the Board to step out on faith to proceed with the recreation and senior center project. Mr. Mangum noted his support of the project that he would agree with taxes being raised to pay for it. Mr. Raleigh Evans of 181 Fork Junction Road, Timberlake told the group he voted in support of the 2008 Bond Referendum noting a lot has changed for his family since 2008, i.e. 2 incomes are now 1 for this family. Mr. Evans stated his budget is restrictive and he could not afford the membership at the proposed rates. Following the Informal Comments period, the Board continued their discussion of the recreation and senior center project. 70 January 7, 2013 31 Commissioner Newell stated his objective was to make the citizens aware of the projected costs as illustrated in the presentation. Commissioner Newell stated the county would have to subsidize $336,271 in operating plus an approximate $275,000 in capital so the county is looking at $600,000 to $1,000,000 annually. Vice Chairman Jeffers asked the Board to take action reflecting what the people voted for in 2008 and to get the plans in hand. Chairman Clayton told the group that the Board was not voting to build the facility but was making the first step to obtain drawings to bid out for construction costs. Chairman Clayton stated his belief that the facility could be built and operated without a tax increase to the citizens. Chairman Clayton added that the county has some school debt being relieved in the near future. Chairman Clayton told the group that without the plans, grants eligibility and construction costs are unknown. Commissioner Blalock stated her preference for a membership drive for the proposed facility be conducted with the goal of those citizens who want the facility to commit to supporting as well as suggested two separate construction phases. Commissioner Puryear stated the new center would grow the tax base and the tax payers would carry the burden. Commissioner Puryear noted he did not support the project at this time and urged the Board to be fiscally responsibility and not reconsider. Commissioner Puryear noted his support for the senior center project only at this time. Vice Chairman Jeffers confirmed with the County Manager and Mr. Bill McCaffrey that the addition of the therapy pool to the new base version could be included in the $300,000 design fees as presented. A motion was made by Vice Chairman Jeffers, seconded by Chairman Clayton and carried 3-2 to approve the design phase of the new base version of the recreation and senior center not to exceed $300,000 as presented. Chairman Clayton, Vice Chairman Jeffers and Commissioner Blalock voted in favor of the motion. Commissioners Newell and Puryear cast the dissenting votes. The project approved the design work phase which includes renovation of the existing facilities at the Sansbury site as a combined recreation and senior center as well as new construction, air conditioning for the existing gym, a 6-lane swimming pool, a splash pool, a therapy pool and an enclosed walking track. Chairman Clayton announced a brief recess at 9:36 pm. The Board reconvened at 9:43 pm. 71 January 7, 2013 32 NEW BUSINESS: LAW ENFORCEMENT CENTER WATER HEATER: General Services Director, Ray Foushee stated the water heater at the 1993 built Law Enforcement Center (LEC) that provides hot water to the entire building, including pods, (except kitchen) is leaking and has gotten progressively worse. Mr. Foushee noted a contractor has assessed the situation confirming the water heater is significantly rusted. Mr. Foushee told the Board the weakened section could give way at any time and blow out. This could be devastating in a couple of ways: the water heater is located adjacent to numerous electrical controls and downtime on this water heater would eliminate any hot water in the building (except kitchen). Mr. Foushee stated quotes were solicited from vendors and were received in the range from $93,400 to replace the entire system, including gas burner/boiler to just replacing the water heater/tank for $38,780. Quotes were obtained from Schneider (current contractor that does most work at LEC), Comfort Systems of South Boston, and Brown Brothers of Durham. Mr. Foushee stated Person County has issued the contract to Schneider for the replacement of the tank at $38,780. Mr. Foushee noted the expense is considered an emergency and was not budgeted. Mr. Foushee requested Board approval of an appropriation from Fund Balance in the amount of $40,000 to the Building Maintenance and Repair line item in General Services Budget for the replacement of the water heater tank. Commissioner Newell asked Mr. Foushee if the entire system was working properly. Mr. Foushee told the group the tank seemed to be the only component that needed replacing at this time, i.e. the burner was functioning properly. A motion was made by Vice Chairman Jeffers, seconded by Commissioner Puryear and carried 5-0 to approve of an appropriation from Fund Balance in the amount of $40,000 to the Building Maintenance and Repair line item in General Services Budget for the replacement of the water heater tank. 72 January 7, 2013 33 CONSIDERATION TO ESTABLISH A SPECIAL BOARD OF EQUALIZATION AND REVIEW: Chairman Clayton introduced the idea of the Board of Commissioners establishing a Special Board of Equalization and Review due to the anticipated high number of appeals expected this year due to the revaluation. One responsibility of the Board of County Commissioners, sitting as the Board of Equalization and Review is to hear appeals from taxpayers regarding tax values for property taxes. With the current real estate market, many counties have seen tremendous increases in the number of appeals that the Board of Equalization and Review need to address. Some Boards of Equalization and Review have to meet for weeks in order to get all of the appeals heard. Tax Administrator, Russell Jones told the Board that North Carolina General Statute 105-322 allows the Board of County Commissioners to establish a special Board of Equalization and Review to hear tax appeals. A majority of North Carolina counties have chosen this option as seen on the map in the packet (60 out of 100 NC counties). According to the Statute, the special Board of Equalization and Review must be established no later than the first Monday in March (March 4, 2013). Mr. Jones noted a resolution must be adopted by the Board of Commissioners to create this special Board of Equalization and Review. The resolution shall provide for the membership, qualifications, term of office and the filling of vacancies on the board. The board of commissioners shall also designate the chairman of the special board. Mr. Jones noted some reasons to consider a special Board of Equalization and Review: 1. The Board of County Commissioners will be involved with the budget process during this time and will have other additional issues to focus on. 2. A special Board of Equalization and Review would allow the Board of County Commissioners to appoint individuals from a cross section of the citizens, choosing those who possess the expertise necessary for the board to carry out its duties. Chairman Clayton suggested former commissioners due to they already know the process. 3. The creation of a special Board of Equalization and Review helps to remove the matter of taxation from local political issues. 4. Creating a special Board of Equalization early versus later would allow time for the Department of Revenue to meet with the newly created board for an orientation of the process. County Manager, Heidi York and Mr. Jones both noted that due to the time commitment of the special Board of Equalization and Review, most counties have chosen to reimburse this board for their time and that funds had been budgeted for this purposed this current fiscal year in the Tax budget. 73 January 7, 2013 34 Mr. Jones stated by January 31, 2013, he would know how many informal appeals would be before the Tax Office however he could not confirm the number that would appear before the Board of Equalization and Review. Mr. Jones noted in 2005, there were 1,200 informal appeals at the Tax Office and 35 to the Board of Equalization and Review. Mr. Jones stated trends indicate about 10% appeal rate with the current economy which would approximate 2,700 informal appeals to the Tax Office with 10% of that amount to the Board of Equalization and Review. Mr. Jones noted Person County has always had lesser appeals than the trend average but providing an example of 270 appeals scheduled every 15 minutes would take 16 days. Mr. Jones explained the informal appeal process as a time for the taxpayer to submit documentation to justify an adjustment, if appropriate. In fact, should the Tax Office agree with the taxpayer’s documentation, an adjustment or correction will be made right away to the taxpayer’s bill. Mr. Jones noted the taxpayer has the option to appeal to the Board of Equalization and Review if not satisfied with the decision of the Tax Office. Mr. Jones confirmed the 27,000 mailers to taxpayers notifying of the new values included the appeal form as well as information about the process. Commissioner Newell asked Mr. Jones the result of the tax revaluation for the county. Mr. Jones stated it is early to forecast but estimated a slight increase in the total tax values for the county. Mr. Jones noted values within the city, rental property, manufactured homes and subdivisions were decreased with raw land and property at the lakes being increased. The results were based on sales history from the last two years. Vice Chairman Puryear led a discussion for consideration for county staff to create an educational flyer with the appeal process to mail to all the taxpayers. A motion was made by Commissioner Puryear, seconded by Vice Chairman Jeffers to direct the County Manager to obtain a price as well as design a brochure for Board approval that would be mailed to all taxpayers prior to the next Board meeting. The motion failed 1-4. Commissioner Puryear voted in favor or the motion. Chairman Clayton, Vice Chairman Jeffers and Commissioners Blalock and Newell voted in opposition to the motion. It was the consensus of the Board to direct the County Manager to prepare a press release to submit to the local newspaper and radio detailing the revaluation process. A motion was made by Vice Chairman Jeffers, seconded by Commissioner Blalock and carried 5-0 to adopt a Resolution Establishing a Special Board of Equalization and Review for Person County. It was the consensus of the Board to nominate members for the Special Board of Equalization and Review at the Board’s next meeting. 74 January 7, 2013 35 75 January 7, 2013 36 2013 COMMITTEE ASSIGNMENTS FOR COMMISSIONERS: Chairman Clayton presented the 2013 Board of Commissioners Committee Assignments for adoption. A motion was made by Commissioner Blalock, seconded by Vice Chairman Jeffers and carried 5-0 to adopt the 2013 Committee Assignments for Commissioners. Vice Chairman Jeffers noted he would recommend in the near future that the Board establish a Youth Advisory Committee to follow the state model. 76 January 7, 2013 37 77 January 7, 2013 38 BOARDS AND COMMITTEES APPOINTMENTS: Clerk to the Board, Brenda Reaves presented to the Board citizen applications for consideration for appointment in response to Person County’s ad soliciting volunteers published in the Courier Times on November 14, 2012 with a deadline to submit application by noon on December 4, 2012. The highlighted boards denote a competitive board and are eligible for the informal interview process. Please direct the Clerk to organize and inform the applicants of the informal interviews or consider waiving the process. Ms. Reaves asked the Board to nominate the applicants for appointment, if appropriate. - Airport Commission 3-Year Term: 1 position available 1) Henry Newell, Jr. requested appointment A motion was made by Vice Chairman Jeffers, seconded by Chairman Clayton and carried 5-0 to appoint Henry Newell, Jr. to the Airport Commissioner for a 3-year term. Commissioner Newell went on record that the County Attorney had confirmed that there was no conflict of interest that he and his brother would both be representatives on the Airport Commission. - Animal Control Advisory Committee Unspecified Term: 1 position for a citizen-at-large 1) Carol Keyser requested appointment A motion was made by Commissioner Puryear, seconded by Vice Chairman Jeffers and carried 5-0 to appoint Carol Keyser to the Animal Control Advisory Committee for an unspecified term. - Home Health and Hospice Advisory Committee 3-Year Term: 1 position representing the hospital No Applications - Juvenile Crime Prevention Council (JCPC) 1-Year Initial Term; 2-Year Reappointment each for: a member of the faith community No applications a member of the business community, No applications 2-Year Term: 1 position each representing: Chief District Court Judge, 1) Mark Galloway requested reappointment Public Health, 1) Harold Kelly requested reappointment 78 January 7, 2013 39 six citizen-at- large positions 1) Alisa Clayton requested reappointment 2) Johnny Myrl Lunsford requested reappointment Vice Chairman Jeffers requested Board consideration to waive the rule for citizens to only participate on two appointed boards and consider reappointing Treco Lea-Jeffers stating Judge Galloway requested such due to her participation on JCPC. an unexpired term to 12/31/13 representing Mental Health No applications A motion was made by Commissioner Newell, seconded by Commissioner Blalock and carried 5-0 to reappoint Mark Galloway, Chief District Court Judge, Public Health staff, Harold Kelly, and the following citizens: Alisa Clayton, Johnny Myrl Lunsford and Treco Lea-Jeffers to JCPC for a 2-year term. - Person Area Transportation System Board 3-Year Term; 8 positions available with the following designations: 1 position available each for citizens that can represent or are affiliated with: Person Industries, 1) Lisa Jeffreys requested reappointment Public Health, 1) Leigh Ann Creson requested reappointment Department of Social Services (DSS), 1) Melinda Hudson requested reappointment Senior Center, 1) Kelly Foti requested reappointment private industry, 1) Will Davis requested appointment economic development No applications 2 positions from the general public No applications A motion was made by Commissioner Blalock, seconded by Chairman Clayton and carried 5-0 to reappoint Lisa Jeffreys to represent Person Industries, Leigh Ann Creson to represent Public Health, Melinda Hudson to represent DSS and Kelly Foti to represent the Senior Center as well as appoint Will Davis to represent private industry to the Person Area Transportation System Board each for a 3-year term. 79 January 7, 2013 40 - Planning Board 1 position available for a 3-Year Term 1 position with an unexpired term to 6/30/15 1) Steve Carpenter requested appointment A motion was made by Chairman Clayton, seconded by Commissioner Jeffers to appoint Steve Carpenter to the Planning Board. A substitute motion was made by Commissioner Puryear, seconded by Commissioner Newell and carried by majority vote 3-2 for the Board to make no decision on the Planning Board appointment and direct staff to re-advertise the vacancies. Chairman Clayton and Vice Chairman Jeffers cast the dissenting votes. Commissioner Puryear indicated interest in the Board considering an exception for a county employee (Derrick Smith) to serve on the Planning Board noting Mr. Smith was serving on the Board however his job offer with the county was contingent upon his resignation from the Planning Board. - Region K Aging Advisory 3-Year Term: 1 position available No applications - Roxboro/Person County Human Relations Commission 3-Year Term; 3 positions available for county residents No applications - Tourism Development Authority 3-Year Term: 1 position from the general public available 1) Tommy Winstead requested appointment A motion was made by Vice Chairman Jeffers, seconded by Commissioner Puryear and carried 5-0 to appoint Tommy Winstead to the Tourism Development Authority for a 3-year term. - Work Force Development Board 1-Year Initial Term; 2-Year Reappointment: 1 position representing private industry No applications 80 January 7, 2013 41 - Research Triangle Regional Partnership Consideration to replace Phillip Allen (former Chairman on the EDC) with City of Roxboro representative, Abby Gentry, RDG Director to fulfill term to 6/30/2014 A motion was made by Commissioner Blalock, seconded by Chairman Clayton and carried by majority vote 3-2 to appoint Abby Gentry, RDG Director to the Research Triangle Regional Partnership Board to fulfill the term previously held by Phillip Allen to June 30, 2014. Commissioners Puryear and Newell cast the dissenting votes. - Kerr Tar Regional Council of Government (COG) Board nomination/recruitment There were no nominations by the Board of Commissioners. VOTING DELEGATE DESIGNATION FOR THE NC ASSOCIATION OF COUNTY COMMISSIONERS LEGISLATIVE GOALS CONFERENCE: Clerk to the Board, Brenda Reaves requested the Board to designate a Commissioner attending the NC Association of County Commissioners Legislative Conference as Person County’s delegate. Ms. Reaves told the group that Chairman Clayton and Vice Chairman Jeffers are both registered to attend the NCACC Legislative Goals Conference. Ms. Reaves noted voting credentials for the January 24-25, 2013 NC Association of County Commissioners Legislative Goals Conference must be submitted by January 11, 2013. A motion was made by Vice Chairman Jeffers, seconded by Commissioner Newell and carried 5-0 to nominate Chairman Clayton as the voting delegate for Person County at the NC Association of County Commissioners Legislative Goals Conference scheduled for January 24-25, 2013. REVIEW OF THE BOARD’S RULES OF PROCEDURE: County Attorney, Ron Aycock stated the Person County Board of Commissioners’ Rules of Procedures were adopted in 2007 and re-adopted in 2008. Commissioners Puryear and Newell have requested a review and discussion of the Board’s adopted Rules of Procedure. Commissioner Puryear requested the Board to revisit the rules requiring a second to have a motion voted upon. A motion was made by Commissioner Puryear, seconded by Commissioner Blalock to not require a second to a motion on a trial basis for a period of three months. 81 January 7, 2013 42 An amended motion was made by Commissioner Puryear, seconded by Commissioner Blalock and carried 3-2 to not require a second to a motion on a trial basis until the first meeting in May 2013 at which time, the process will be reevaluated. Commissioners Puryear, Blalock and Newell voted in favor of the amended motion. Chairman Clayton and Vice Chairman Jeffers cast the dissenting votes. BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Vice Chairman Jeffers, and a second by Commissioner Puryear and majority vote (5-0), the Board of Commissioners of Person County does hereby amend the Budget of the Fund(s) listed below on this, the 7th day of January 2013, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 19,832 Public Safety 90,761 Transportation 2,267 Environmental Protection 40,000 Economic Development 1,185 Culture & Recreation 7,101 Human Services 2,875 Contingency (17,150) Transfer to Other Fund 351 Interfund Transfer 2,875 REVENUES General Fund Other Revenues 31,926 Intergovernmental Revenues 31,918 Charge for Services 3,378 Fund Balance Appropriation 40,000 Transfer from Other Fund 40,000 Interfund Transfer 2,875 EXPENDITURES Person Industries Fund 351 REVENUES Person Industries Fund Transfer from General Fund 351 82 January 7, 2013 43 Explanation: Received additional morale concessions ($341); proceeds from sale of vehicles ($11,225); filing fees ($300); revenues from the misdemeanant confinement program ($29,160) and the housing of federal inmates ($1,940); insurance claim for damage to ambulance ($10,050); donations and fees associated with the rabies vaccination and Spay and Neuter Program ($5,757); insurance claim for hail damage to Animal Control vehicle ($1,000); fund balance appropriation for required trench installation and monitoring compliance at Old Landfill ($40,000); City of Roxboro's portion of Planning & Zoning fees ($1,185); concessions revenue for Recreation, Arts & Parks ($3,496); insurance claim for damage to Huck Sansbury gym ($1,950); State Aid funds for the Public Library ($818); transfer of available contingency funds in the Courthouse Renovation Project to the General Fund to cover the Fair Labor Standard Requirement for payment of overtime to certain employees at EMS ($40,000); and utilizing funds from the Unemployment Contingency line item (-$17,150) to cover unemployment costs in various departments ($17,150). CHAIRMAN’S REPORT: Chairman Clayton had no report. MANAGER’S REPORT: County Manager, Heidi York asked the Board about their preference of streaming live the upcoming Board Retreat. It was the consensus of the Board to not stream live the Board Retreat but a preference to record and post for public viewing. Ms. York stated she had put into the Board member’s mailbox a memo related to the request for additional School Resource Officers in the schools as well as a memo related to Commissioner Newell’s request on the timber harvesting at the County Farm. Ms. York noted a memo would be prepared describing the revaluation process. COMMISSIONER REPORT/COMMENTS: Vice Chairman Jeffers had no report. Commissioner Puryear recognized Mr. Clyde Whitfield in the audience who wanted to address the Board but had not done so at the Informal Comments period. Commissioner Blalock offered to give us her time for comments as well for Mr. Whitfield to speak. 83 January 7, 2013 44 Mr. Clyde Whitfield asked the Board about the adopted Resolution to establish a special Board of Equalization and Review noting his preference to appeal before the Board of Commissioners. Mr. Whitfield asked the Board to be familiar with the Machinery Act of NC. Commissioner Newell asked the Tax Administrator to get him a copy of the Machinery Act of NC. ADJOURNMENT: A motion was made by Commissioner Newell and carried 5-0 to adjourn the meeting at 10:49 pm. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 AGENDA ABSTRACT Meeting Date: January 22, 2013 Agenda Title: 2012 State of the County Health Report Summary of Information: This report provides current mortality and morbidity data for the county. It also lists health priorities identified through the 2011 Community Health Assessment process and reveals progress made towards addressing those priorities in the past year. New and emerging issues in public health are addressed as well as other changes in the county that have the potential to impact the health of Personians. Recommended Action: Receive the report. Submitted By: Leigh Ann Creson, Health Department Educator 100 Prepared by: Person County Health Department November 30, 2012 2012 State of the County Health Report 101 Person County 2012 State of the County Health Report Page 1 New Health Priorities Identified for Person County Person County’s most recent Community Health Assessment (CHA) was conducted in 2011. As part of the assessment process, the following health priorities for the county were identified and will remain in place until the next assessment which will be completed in 2014:  Chronic Disease (cancer, heart disease, stroke)  Unhealthy Behaviors (lack of exercise; having unsafe sex; poor eating habits; substance abuse – tobacco, drugs, and alcohol; lack of parenting skills)  Overweight/Obesity  Teen Pregnancy  Alzheimer’s Disease/Problems of Aging  Community Health: Access to and Awareness of Services (prevention, education, and mental health) The intent of developing such an extensive list was to provide the county a comprehensive look at the predominant health concerns and issues that came to light in the data during the CHA process. From this listing, Person County Health Department and the Healthy Personians Partnership have decided to more specifically focus their efforts on Chronic Disease and Overweight/Obesity as detailed in the 2012 Community Health Action Plan. However, the Health Department and Healthy Personians will take advantage of opportunities, as they present themselves and as changes in data occur, to address other priority areas. In 2012, the following initiatives were implemented by Person County Health Department, Healthy Personians and their various partners to begin to address some of the aforementioned priority areas:  A free PSA (Prostate Specific Antigen) Screening Program continued to be offered to eligible men.  The Physical Activity and Nutrition Prescription Pad Program was sustained and efforts were made to continue to reach Hispanic clients.  New facilitators were trained to deliver Stanford University’s Living Healthy and Living Healthy with Diabetes self-management programs. Both programs were offered several times to the community in 2012.  The Cook Smart, Eat Smart Program was implemented.  A county-wide 10-in-10 Weight Loss Challenge was offered.  The Community Health Resource Guide was updated and redistributed.  County employees were given the opportunity to participate in Eat Smart, Move More’s Ten Minute Challenge and Solving the Puzzle of Moving More Challenge.  The Faithful Families Eating Smart and Moving More program was piloted in an African- American church. 102 Person County 2012 State of the County Health Report Page 2  The Healthy Living for a Lifetime Screening Event was brought to the county through a collaborative effort with Farm Bureau. Follow-up services were also available through this initiative.  Various educational programs (addressing general nutrition and healthy eating; carbohydrate counting and meal planning; overall wellness; stress management; etc.) were conducted through different venues.  Efforts began towards adopting a stricter smoking ordinance to further restrict smoking on properties owned, leased or rented by the county.  A Fruit and Vegetable Outlet survey was conducted with local farmers’ markets and a community supported agriculture program to gain more insight about these resources and how partners can work together to help them.  Work began through a regional Community Transformation Grant Project to address local objectives focusing on tobacco-free living and the enhancement of local farmers’ markets and community supported agriculture programs. The priorities that the Health Department, Healthy Personians and its partners address are determined by the resources (staff, funding, time, availability and expertise of partners), etc.) that are available to support them. Many of these efforts were made possible through grants and donations. Cancer Out Ranks Heart Disease As Leading Cause of Death in Person County Aggregate data from 2005-2009 was the latest sited in the 2011 CHA for leading causes of death for Person County and North Carolina. Table 1 compares that data with the most current data from the 2012 County Health Data Book which is from the aggregate period 2006-2010. As indicated in the bold type, Person County’s death rates continue to exceed that of the state for the 10 leading causes of death. Notable changes in the 2006-2010 data are as follows:  Cancer exceeded diseases of the heart as the leading cause of death.  Diabetes moved up the list to become the 5th leading cause of death.  Nephritis, Nephrotic Syndrome, and Nephrosis became the 8th leading cause of death.  When comparing Person County’s rates from these time periods, death rates for cancer, chronic lower respiratory diseases, diabetes and septicemia increased while rates decreased for all the other leading causes of death.  Changes in the data, as related to cancer and diabetes, reinforce the need for Person County Health Department to advocate for a stricter smoking ordinance for county owned, leased and rented properties. It also validates the need to continue offering regular diabetes programming to the county. 103 Person County 2012 State of the County Health Report Page 3 Table 1: Age-Adjusted Mortality (Death) Rates for the 10 Leading Causes of Death: Comparing Five Year Aggregate Periods 2006-2010 and 2005-2009 Notes: Rate = Number of events per 100,000 population, where the Standard = Year 2000 US Population. Leading causes of death are ranked according to rate. Figures in Bold type indicate causes of death for which the Person County rate exceeds the comparable rate for the state as a whole. 2006-2010 2005-2009 Person County NC Person County NC Cause of Death # Rate Rate Cause of Death # Rate Rate 1. Cancer 481 218.7 183.1 1. Diseases of the Heart 454 223.3 191.7 2. Diseases of the Heart 451 213.3 184.9 2. Cancer 462 216.1 185.6 3. Cerebrovascular Disease 168 81.4 47.8 3. Cerebrovascular Disease 172 86.9 50.5 4. Chronic Lower Respiratory Diseases 114 54.0 46.4 4. Chronic Lower Respiratory Diseases 108 52.7 47.0 5. Diabetes 69 32.3 22.5 5. All Other Unintentional Injuries 62 33.7 28.6 6. All Other Unintentional Injuries 57 29.8 28.6 6. Diabetes 66 31.7 23.6 7. Pneumonia and Influenza 56 27.4 18.6 7. Pneumonia and Influenza 58 29.6 19.4 8. Nephritis, Nephrotic Syndrome, Nephrosis 51 23.8 18.9 8. Unintentional Motor Vehicle Injuries 46 26.2 17.6 9. Unintentional Motor Vehicle Injuries 41 23.4 16.7 9. Nephritis, Nephrotic Syndrome, Nephrosis 51 24.9 18.7 10. Septicemia 45 21.0 13.7 10. Septicemia 41 19.7 13.8 North Carolina State Center for Health Statistics (NCSCHS); 2012 and 2011 County Health Data Books; 2011 CHA Additional mortality data was reviewed for Alzheimer’s disease, as it was identified as a health concern and priority during the community health assessment process. Even though it remained the 11th leading cause of death, the death rate increased from 16.8 (2005-2009) to 20.8 (2006-2010) and the number of deaths increased from 33 to 42. Healthy Personians has already begun to strategize about how the partnership can work with the Alzheimer’s Association and local organizations to address this in the community. 104 Person County 2012 State of the County Health Report Page 4 Infant Death Rates Down! Table 2 compares the most recent aggregate data available for infant death rates and that which was last documented in the 2011 CHA. Person County’s infant death rate not only decreased from 2005-2009 to 2006-2010 but also fell below the state’s rate. Table 2: NC Resident Infant (<1 year) Death Rates per 1,000 Live Births NCSCHS; 2012 and 2011 County Health Data Books; 2011 CHA Pregnancy Rate for Females Ages 15-19 is the Lowest It’s Been in Years! In the 2011 CHA, single year data was presented for pregnancy rates and numbers of pregnancies for females ages 15-19. The most recent data on pregnancy rates for females ages 15-19 cited in the CHA was 2009. In order to make accurate comparisons, single year data from 2009-2011 is used in Table 3. The number of pregnancies and the pregnancy rate for females ages 15-19 increased from 2009 to 2010 then decreased in 2011. This is the lowest the county’s pregnancy rate for females ages 15-19 has been in at least 7 years. Table 3: NC Resident Pregnancy Rates per 1,000 Population: Females Ages 15-19 Notes: Total pregnancies represent the sum of all induced abortions, live births, and fetal deaths 20 or more weeks of gestation reported in the state. Not included are spontaneous fetal deaths (still births) occurring prior to 20 weeks gestation, which are not reportable to the state. 2011 2010 2009 # Pregnancies Pregnancy Rate # Pregnancies Pregnancy Rate # Pregnancies Pregnancy Rate Person County 65 51.8 83 65.1 78 64.3 North Carolina 13,909 43.8 15,957 49.7 18,142 56.0 NCSCHS; Query System; 2012 and 2011 County Health Data Books; 2011 CHA In 2009 and 2011, there were no pregnancies reported among Person County females ages 10-14 while in 2010 there were 2 pregnancies. Due to small numbers, an annual pregnancy rate for this age group is not calculated as it would render the data unstable. 2006-2010 2005-2009 # Infant Deaths Infant Death Rate # Infant Deaths Infant Death Rate Person County 16 6.8 22 9.3 North Carolina 5,066 7.9 5,289 8.3 105 Person County 2012 State of the County Health Report Page 5 Majority of County’s Communicable Diseases Attributed to STDS Data collected on communicable diseases from Person County Health Department was used in the 2011 CHA and is used in Table 4 as it provides a more recent update than that which is collected elsewhere. The Health Department classifies communicable diseases in 3 categories: Foodborne Illnesses, Sexually Transmitted Diseases (STDS) and General Communicable Diseases. There was an increase in the total number of communicable diseases reported from 2010 to 2011 as well as an increase in the number of cases in each category. Forty-seven percent of the reported foodborne illnesses were from salmonellosis. Chlamydia accounted for 82% of the STDS. The majority of general communicable disease cases were due to Rocky Mountain spotted fever (37%). Overweight/Obesity Data Table 5: Prevalence of Overweight and Obesity in Children and Youth Ages 2-18, 2009 2009 Ages 2-18 Ages 2-4 Ages 5-11 Ages 12-18 Overweight Obese Overweight Obese Overweight Obese Overweight Obese Person County 20.1% 18.6% 19.9% 16.2% 13.5% 32.4% 35.0% 25.0% North Carolina 16.2% 18.0% 15.8% 15.4% 17.1% 25.8% 18.1% 28.0% North Carolina Nutrition and Physical Activity Surveillance System (NC-NPASS). 0 179 22 201 17 194 33 244 0 50 100 150 200 250 300 Foodborne Illnesses Sexually Transmitted Diseases General Communicable Diseases Totals# Reorted Cases 2010 2011 Table 4: 2010 and 2011 Communicable Disease Comparison 106 Person County 2012 State of the County Health Report Page 6 NC-NPASS is maintained by the Nutrition Services Branch for the NC Division of Public Health. NC-NPASS provides data for children seen in public health sponsored Women, Infant, and Children (WIC) and child health clinics, as well as some school-based health centers. This data source was used in the 2011 CHA and the latest data cited was for 2009 as shown in Table 5. *NC-NPASS only provided data on the prevalence of overweight and obesity for children ages 2-4 in 2010 which is displayed in Table 6. Therefore, comparisons among the other age groups and for the overall 2-18 age group cannot be made between 2009 and 2010. 2010 Ages 2-4 Overweight Obese Person County 16.6% 16.6% North Carolina 16.1% 15.6% *Notes: NC-NPASS data for children ages 2-4 are reflective of the population at 185% of the federal poverty level. Approximately 85-95% of the children included in the NC-NPASS sample for ages 2-4 are WIC participants. Since children are not eligible to participate in WIC once they become 5 years old, the sample size for NC-NPASS data received from the child health clinics was not adequate to calculate county-specific rates for children ages 5 and older in 2010. In 2011, a community health survey was conducted during the CHA process. Twenty-nine percent of survey respondents indicated that they had been told by a doctor, nurse or other health care professional that they were overweight or obese. Community health surveys are not conducted in the interim years between assessments so comparisons in data cannot be made annually. Data from the Behavioral Risk Factor Surveillance System (BRFSS) Survey was used in previous CHAs to try to track adult overweight and obesity. However this time it was not included. Person County is part of a 35 county sample, making the data too broad to be of use. BRFSS data is not used in this report either. In October 2012, 163 people received various screenings through a community- wide event. One of the things participants were screened for was Body Mass Index (BMI). Even though the sample size was small it reaffirms that overweight/obesity is very prevalent among adults in the county. A report generated by Farm Bureau and US Wellness (screening sponsors) showed that of those people screened 74.8% had a BMI greater than 24.9. More specifically, 27.0% fell into the “moderate risk” category with a BMI of 25-29.9 while 47.9% were classified as “high risk” with a BMI greater than 29.9. Such data has validated the need to continue offering a yearly county-wide weight loss challenge. Healthy Personians will coordinate the challenge with its partner group the FAN (Fitness And Nutrition) Club in 2013. Table 6: Prevalence of Overweight and Obesity in Children Ages 2 – 4, 2010 107 Person County 2012 State of the County Health Report Page 7 What’s New in Person? The following section identifies new and emerging public health issues since the 2011 CHA. Foodborne Illnesses In 2011 and 2012, foodborne illnesses became more prevalent than they had been since 2007. As shown in Table 4 there were 17 reportable cases of foodborne illnesses in 2011 and as of this report there have been 14 reportable cases in 2012. Table 7 depicts what attributes to these cases. In 2012, most cases of foodborne illness occurred in July and August as they did in 2011. Both summers the Health Department reached out to the local media by providing articles on food safety and ways to prevent foodborne illnesses related to cookouts and warm temperatures. Foodborne Illness 2012 2011 Campylobacter 7 6 E. Coli 0 2 Salmonellosis 6 8 Shigellosis 0 1 Vibrio 1 0 Total # Cases 14 17 Adoption of the Food and Drug Administration (FDA) Food Code in North Carolina September 2012 brought significant changes to the rules governing retail food service in North Carolina. The FDA Food Code was adopted in order to better protect the public from dangers associated with foodborne illness. Some of the important changes included in the updated North Carolina Food Code include:  Prohibiting bare hand contact of ready to eat foods.  Requiring each food establishment to have an Employee Health Policy so that sick employees are excluded from preparing or serving food.  Requiring facility managers to have completed accredited food safety training (bonus points are no longer awarded).  Lowering storage temperatures of potentially hazardous foods. Person County Environmental Health Specialists have obtained the required training in order to be able to implement the changes and educate food service establishments. The Health Department continues to partner with Cooperative Extension in offering ServSafe trainings for food service professionals. Table 7: Breakdown of Foodborne Illnesses in Person County for 2012 and 2011 Data from Person County Health Department Note: 2012 data accounts for reportable cases from January – November 2012 108 Person County 2012 State of the County Health Report Page 8 Falls Lake Rules In 2012, the Person County Health Department participated in the implementation of the Falls Lake Rules. The rules were adopted by the Environmental Management Commission in 2011, in an effort to improve water quality in Falls Lake. The rules affect all counties in the Falls Lake watershed and establish a time frame for implementation of specific programs and activities. In 2012, Person County staff worked to identify all septic systems and discharging sand filter systems located within the watershed. In October 2012, a study was conducted to estimate the number of malfunctioning septic systems in the watershed. The study was a joint effort of Person County and neighboring health departments and North Carolina State University, and represented a considerable investment of resources to plan, prepare and implement the study. The second phase of the study will include investigating and repairing malfunctioning systems identified in the study. In January 2013, the results of the study must be submitted to the State. Annual septic system surveys are a reoccurring requirement of the Falls Lake Rules. Environmental Health staff will have an integral role to play as Person County continues to implement the Fall Lake Rules. 2012: A Good Year for Person County! This section features some of the factors that have had the potential to impact the health and well-being of Personians in 2012. Factors range from resources generated to those that were dissolved to county economic development to unemployment. Person County Health Department received funding to support the establishment of a Medical Reserve Corps (MRC) in the county. The local MRC has become a nationally recognized unit through the Division of the Civilian Volunteer Medical Reserve Corps which is a part of the Office of the Surgeon General. As of November 2012, 9 volunteers have been recruited to help with emergency response as well as to serve the community through non-emergency community health initiatives. Additionally, the Health Department was awarded funding to be a part of a regional Community Transformation Grant Project over the next 4 years. Project objectives focus on tobacco-free living; active living and healthy eating; and high impact evidence based clinical and preventive services. Staff at the Health Department had the opportunity to participate in a Quality Improvement (QI) 101 Project through the North Carolina Center for Public Health Quality (NCCPHQ). The project focus has been on improving the efficiency of clinic services and increasing both client and staff satisfaction. This project has increased the capacity of the department to continue QI efforts and to offer quality care in Person County. Funding was provided by the NCCPHQ for this project. 109 Person County 2012 State of the County Health Report Page 9 Farm Bureau worked with partners from Cooperative Extension, Person County Farmers Market, the Health Department and Healthy Personians to bring the Healthy Living for a Lifetime Screening event to the county. The regional and local Farm Bureau generously donated funds to Healthy Personians to help provide follow up services to screening participants, as needed and to implement health and wellness initiatives in the community. Over the past year or so, several state offices/programs that have supported local public health efforts have dissolved. However, the Health Department has worked hard to maintain services to the community with the help of community partners. According to Person County’s Economic Development Director, local manufacturing developments included the following ongoing projects in 2012:  CertainTeed, a subsidiary of St. Gobain, held their open house for their state of the art 700,000 square foot facility in Person County in September 2012. The company expects to have a $160,000,000 capital investment and they have already hired 63 people of the estimated 89 people they plan to hire. By the end of this year they anticipate that they will have hired 74 of the estimated 89 total workforce.  Eaton Corporation completed the first phase (which equates to approximately one half or around $25 million) of their planned 50 million dollars of new capital investment in their Roxboro plant.  GKN Drive Line CVJ announced a $3 million dollar 47,000 square foot building expansion along with an additional $20 million dollar new equipment expansion and an increase of 138 new jobs.  The County is working with existing Person County manufacturers and is prepared to offer financial incentives if and when new jobs and investments are created.  In September of 2012, the county hired a professional, full time economic development director to assist in the recruitment of new industry and retention of existing industry. 110 Person County 2012 State of the County Health Report Page 10 Person County Economic Development Commission (EDC), the County's industrial recruitment arm and liaison with local industry, is an active member of the Regional Triangle Regional Partnership (RTRP). RTRP is headquartered in the state capital, Raleigh, and is a consortium of thirteen counties of central North Carolina. Its purpose is to promote and market the area including Person County to new and existing industrial concerns. The EDC also partners with the NC Department of Commerce, local utilities and other industrial allies to retain existing industries, promote expansion opportunities and to locate new industries to the area. The County continues to develop a diversified local economy and has a positive outlook for the future. According to reports released by the North Carolina Department of Commerce, Labor and Economic Division, Local Area Unemployment statistics, Person County’s unemployment rate decreased from 10.7 (January 2012) to 9.0 (October 2012). This most current rate is slightly above the state’s rate which is 8.8. Help Make Life Better “in Person”! Opportunities are available to help address Person County’s health priorities and to work towards creating a healthier and safer community. Service through the Healthy Personians Partnership, Person County FAN (Fitness And Nutrition) Club, Person County Medical Reserve Corps, etc. is how Personians can get involved. For more information, contact LeighAnn Creson (Health Educator, Person County Health Department) at lcreson.pchd@personcounty.net or 336-597-2204 x2277. Visit us at http://health.personcounty.net for information on Person County Health Department, Healthy Personians and Person County Medical Reserve Corps. The Health Department is on Facebook at www.facebook.com/PCHealthDept. Find Person County Medical Reserve Corps on Facebook at www.facebook.com/PCMRC . TTTTTTTTT This report can be found at http://health.personcounty.net – Health Data and Community Resources – Health Data. T 111 AGENDA ABSTRACT Meeting Date: January 22, 2013 Agenda Title: Sale of Property donated by the family of former commissioner Stony Stonbraker Summary of Information: The family of former county commissioner Stony Stonbraker has donated a piece of property to the County in appreciation for the care received by Mr. Stonbraker from the Person County Hospice program. It is their desire that proceeds from the sale of the property be used for the benefit of the Hospice Program. William Bert Sherman and Linda Gates Sherman have indicated a desire to purchase the property at a price of $4,000. State law allows a private sale of such property subject to procedural and notice compliance. The attached resolution complies with such provisions. Recommended Action: Adopt the resolution Submitted By: Ron Aycock, County Attorney and Janet Clayton, Health Director 112 A Resolution Authorizing a Private Sale of County Owned Property to William Bert Sherman and Linda Gates Sherman WHEREAS, the family of the late Harry G. (Stony) Stonbraker conveyed to Person county a tract of land identified as Lot 3 (section A) of the Lake View subdivision as depicted on a plat recorded in Plat book 7 page 225 (deed dated December 21, 2012 book 826 at page 700); and WHEREAS, the Stonbraker family has stated that its purpose in conveying the property was to express its appreciation for the compassionate care given to Stony Stonbraker during his last sickness by the Person County Hospice Program; and WHEREAS, the Stonbraker family has expressed its desire that any proceeds of the sale of such property be expended for the benefit of the Person County Hospice Program; and WHEREAS, William Bert Sherman and Linda Gates Sherman have expressed interest in purchasing the property mentioned above: and WHEREAS, North Carolina General Statutes 153A-176 and 160A-267 authorize a County to dispose of property by private sale; and WHEREAS, William Bert Sherman and Linda Gates Sherman are willing to offer a price of $4,000 for such property which such price is a fair market price. NOW THEREFORE BE IT RESOLVED by the Person County Board of County Commissioners that: 1. The County Manager be authorized to negotiate with William Bert Sherman and Linda Gates Sherman for the sale of such property, 2. The County manager is authorized to agree to a sales price of not less than $4,000, 3. That a notice of this resolution be published at least 10 days prior to its February 4, 2013 meeting and no sale shall be consummated hereunder until at least 10 days after its publication, and 4. The Board intends to authorize execution of the necessary legal documents to consummate this transaction at its February 4, 2013 meeting. Adopted this, the 22nd day of January 2013. Person County Board of Commissioners __________________________________ Jimmy B. Clayton, Chairman Attest: ___________________________________ Brenda B. Reaves, Clerk to the Board 113 AGENDA ABSTRACT Meeting Date: January 22, 2013 Agenda Title: A Resolution Authorizing Publication of Intent To Exchange Property Owned by the County for Property owned by North Park Drive, LLC Summary of Information: The County owns a .04 acre tract of land contiguous to property owned by Spuntech which is disconnected from other County owned property. Spuntech owns a .04 acre tract of land contiguous to property owned by the County which is disconnected from other Spuntech owned property. An exchange of the tracts would benefit both parties. State law authorizes Counties to engage in such exchanges subject to procedural and notice compliance. The attached resolution complies with those requirements Recommended Action: Approve the Resolution Submitted By: Ron Aycock, County Attorney and Stuart Gilbert, Economic Development Director 114 A Resolution Authorizing Publication of Intent To Exchange Property Owned by the County for Property owned by North Park Drive, LLC WHEREAS, Person County owns a tract of land on North Park Drive (State Route 1430) comprised of approximately .042 acres identified as a part of Person County Deed Book 181- 217, P.C. RECN 16841 Reference is made to a plat available in the Office of the Clerk to the Board of Commissioners; and WHEREAS, North Park Drive, LLC (Spuntech’s real estate holding company) owns a tract of land on North Park Drive (State Route 1430) comprised of approximately .040 acres identified as a part of Person County Deed Book 646-211 RECN 20988, Reference is made to a plat available in the Office of the Clerk to the Board of Commissioners; and WHEREAS, the tracts of both parties are separate and apart from other property owned by the parties; and WHEREAS, North Carolina General Statutes 153A-176 and 160A-271 authorize a county to exchange property with private entities so long as the County receives a full and fair consideration in exchange for its property; and WHEREAS, an exchange of the subject tracts would cause each party to own the property which abuts other property owned by it; and WHEREAS, the value of the tracts is substantially equal, each being valued at approximately $608 and $680. NOW THEREFORE, BE IT RESOLVED by the Person County Board of County Commissioners that: 1. That it finds that Person County would receive a full and fair consideration in exchange for its property by exchanging the properties described above, 2. The Board intends to authorize execution of the necessary legal documents at its February 4, 2013 meeting, and. 3. The Board directs that a notice of its Intent to Exchange the Properties be published at least 10 days prior to its February 4, 2013 meeting. Adopted this, the 22nd day of January 2013. Person County Board of Commissioners __________________________________ Jimmy B. Clayton, Chairman Attest: ___________________________________ Brenda B. Reaves, Clerk to the Board 115 AGENDA ABSTRACT Meeting Date: January 22, 2013 Agenda Title: Strategic Plan Update Summary of Information: In November 2012, staff assembled the Person Futures Executive Committee to discuss the best way to proceed with the strategic plan. The Executive Committee recommended reconvening the five subcommittees and asking them to commit to meeting every quarter. The Executive Committee also asked staff to present an update on the strategic plan to various community groups to share the progress that has been made thus far. Staff created a webpage (http://www.personcounty.net/index.aspx?page=902) that provides information about the status of each objective. The webpage acts as a report card for our strategic plan. At this time, approximately 37 of the 112 objectives have been achieved or are in progress with three years left to achieve the remaining seventy-five. Thus far, staff has presented or will present this webpage to Rotary, JCPC, Kiwanis, and the United Way. In addition, a press release was sent to the Courier-Times and posted on the county website. The press release cites a few of the plan’s success stories, such as creating the one-stop shop for city-county permitting services, and asks residents to participate in the plan by attending a subcommittee meeting. At this time, three – Encourage Learning for Life and Lifelong Learning, Foster a Sense of Community and Protect our Land - of the five subcommittees have met to continue to work on the objectives. The Re-Imagine our County for a Better Future subcommittee is planning to meet in the next few weeks and the Prosper by Developing the New Economy Locally subcommittee will host a summit meeting in March. Staff has asked that each subcommittee submit its top five priorities before the budget retreat on Feb. 18th. Staff proposes to use these priorities to guide a discussion about the commissioners’ vision for Person County and inform staff of the commissioners’ budget priorities. Recommended Action: Provide feedback about how the strategic plan should be used during the budget retreat. Submitted By: Assistant County Manager, Sybil Tate 116 Upon a motion by Commissioner __________________________, and a second by Commissioner _____________________________ and majority vote, the Board of Commissioners of Person County does hereby amend the Budget of the Fund(s) listed below on this, the 22nd day of January 2013, as follows: Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 13,132 Culture & Recreation 2,173 Human Services 201,632 REVENUES General Fund Other Revenues 7,913 Intergovernmental Revenues 204,532 Fund Balance Appropriation 4,492 Explanation: BUDGET AMENDMENT Received insurance claims for repair to the Huck Sansbury Gym floor ($2,173) and for some EMS equipment ($4,895) that was damaged during a vehicle accident; received a matching grant in the Sheriff's Department for the purchase of Bulletproof vests ($3,745) which requires a fund balance appropriation in the Law Enforcement Restricted Fund for the local portion ($4,492); and allocating revenues received in DSS for various assistance programs ($201,632). Budget Amenment 11117