MINUTES REGULARSCHEDULED MEETING OF THE BOARD OF COMMISSIONERS INTHE COMMISSIONERS ROOM, COUNTY ADMINISTRATIVE BUILDING MEETING CALLED' TO ORDER BY CHAIRMANIFONARD WIGGINSAT MEMBERS PRESENT: Mr. Leonard' Wiggins, Chairman, Rev. E. Wayne Hines, Vice-Chairman, Mrs. Viola Harris, Mrs. Evelyn Powell, Mr. Donald Boswell, Mr. OTHERS PRESENT: Mr. Eric Evans, County Manager, Mr. Michael Peters, County Attorney andl Ms. Frangie Mungo, Clerk to the Board. OFI EDGECOMBE COUNTY DECEMBER, 2, 2019 AT7:001 P.M. TARBORO, NORTH CAROLINA 1. 7:001 P.M. Ralph Webb and Mr. William Wooten. MEMBERS ABSENT: None. 2. 3. 4. 5. SAFETY: INSTRUCTIONS. Mr. William Johnson, Assistant County Manager, provided safety instructions for allj present. PRAYER. Rev. Hines provided the prayer. MINUTES.OFI PREVIOUS MEETING PRESENTED FOR APPROVAL. Rev. Hines moved to approve thel November 4, 2019 minutes. Mr. Wooten seconded Mr. Wiggins turned the Chair over tol Mr. Peters for thej purpose of electing officers the motion, which carried by unanimous vote. ELECTION OF OFFICERS -2020 for 2020. Mr. Peters called for nominations for: Board of Commissioners Chairman Rev. Hines nominated Mr. Wiggins. There being no other nominations Rev. Hines moved to approve the nomination of Mr. Wiggins as Chairman of the Board. Mrs. Mr. Wiggins thanked the Board of Commissioners for their continued support. Powell seconded the motion, which carried by unanimous vote. Mr. Peters called for nominations for: Board of Commissioners Vice-Chairman Mrs. Powell: nominated Rev. Hines. There being no other nominations Mrs. Powell moved to: approve the nomination of Rev. Hines as Vice-Chairman of thel Board. Mrs. Harris seconded the motion, which carried by unanimous vote. Rev.] Hines thanked thel Board for their support. With the consensus of thel Board, agendai item 9. Other Business (F)was moved up. F. Approval of the re-appointment ofTarasa) Lewis as' Tax Administrator. Mr. Evans stated that North Carolina General Statutes require that thel Board of Commissioners appoint both a' Tax Collector and a' Tax Assessor for a term ofat least two years and no more than four years. He stated that wel have: a' Tax 1 Administrator, Mrs. Tarasa Lewis, who serves both roles. Mrs. Lewis does meet thes statutory requirements for serving that role. Mr. Eric recommended that the Board consider the reappointment ofl Mrs. Lewis, in her capacity as the' Tax Administrator, to serve as' Tax collector and' Tax Assessor for ai four-year term. Mr. Boswell moved to re-appoint Tarasal Lewis as' Tax Administrator: for a four-year term. Rev. Hines seconded the motion, which carried by unanimous Honorable Carol Allen White, Clerk of Court, administered the Oath ofOffice. 1. Mr. Wiggins called a public hearing to order to receive citizen comments and guestions relative to aj proposed amendment to County ordinance regarding vote. 6. PUBLICHEARINGS. smoking. Mr. Peters read the public notice as published. Mr. Evans stated that at the October meeting the Board voted to move forward with changes to thes smoking policy that would ban smoking in all County buildings and on County grounds. Therei is a section in the County's Code of Ordinances thats speaks to this that would need tol be amended. Mr. Evans presented a draft of the proposed ordinance changes. He stated that a change to the County's ordinance requires aj public hearing. Therefore, he recommended that the Board call for public comments and consider citizens' input before taking action. Mr. Evans stated that the proposed ordinance includes smoking of cigarettes, cigars, little cigars, snuff, chewing tobacco and e-cigarettes. Mr. Wiggins called for public comments. Mr. Shane Varnell, 41861 Pleasant Hilll Road, Rocky Mount, NC, stated that he was present on behalf of] Edgecombe County Farm Bureau with a written letter Edgecombe County Commissioners, we are writing toj you on behalf of Edgecombe County. Farm Bureau. This is an agricultural based board, made up of local Edgecombe County farmers. Ithas recently been made public that a vote was passed toi ban all tobacco use on County owned property. Therei is already a smoking bani in all County buildings, which wej feeli is more than adequate. We are a County that has been built on tobacco, production. This income, generatedj from tobacco in the past, present andj future is extremely vital to Edgecombe County. We feel that this vote,from this board, shows just) how out oftouch you all are with agriculture and tobaccoj farmers in this County. There was no outside pressure to ban tobacco products from Edgecombe County properties, so therefore we are absolutely against this decision and feel that its should be reversed. The farmers have been a main staple in this community for decades, which have provided funds for Edgecombe County ini numerous: ways. Agriculture is a vitale economic engine here and with your vote it only weakens the persona of tobaccoj farming in our County ands shows how out oft touch you all are with our industry and howi it impacts here. Our boardi is calling for a reversal oft this vote before itg goes into He stated that the letter iss signed by the President, Toml Porter. Mr. Varnell, as a tobacco farmer in Edgecombe County, stated that he has concerns about this, number 1-t the extra policing needed. Hes stated that being banned in all County buildings is very sufficient. He stated that personally, he is very disappointed in the votes. He stated that there are al lot of the stating: efect. 2 Commissioners' whol have an agriculture background and not to get any more resistance than whati it did, hei is disappointed, andi it comes from Edgecombe County being a tobacco-based County. Hes stated thati it concerns him the thought gonei into this that there wasn't more resistance and asked for more respect and thoughtfulness from this Board for agriculture. Mr. Matthew Drake, 100. Joyl Lane, Pinetops, came forth representing tobacco farmers. He stated that as a young tobacco farmer in Edgecombe County, as of two years ago. He was born and raised in Pinetops and came back home to farm. He provided facts and figures of what tobacco has done forl Edgecombe 2010 -$26,000 was awarded tol Edgecombe County for a grant from the North Carolina Tobacco Trust Fund tol help develop and update the farmer's market. 2017-$10 million was donated from the Golden LEAF Foundation to equip and 2014. -$1.5 million was given from the Golden LEAF Foundation for al bio tech medical facility. In 2017 there was approximately 6700 acres oft tobacco raised in Edgecombe County with a gross income of $29 million; 2016, 6500 acres with a gross income of $27.5 million; 2015, 6900 acres at $30 million. In thel last ten years tobacco has contributed $315 million in gross revenue to this County. Mr. Drake asked thel Board whati is thej purpose of thel ban. Has there been severe problems with smoking inside buildings or severe problems with smoking outside of buildings andi ifs so can they not take a more practical approach, extend some smoking boundaries instead of outlawing smoking or tobacco use products on all County properties. He stated as Mr. Varnell mentioned, whoi is going toj police this policy. What is the need for the update and why are they There being no further comments thej public hearing was adjourned. Mr. Wooten moved to approve the amendment to the ordinance as presented. Mr. Wiggins called for a second. There being none the motion failed. Mr. Evans stated that some years ago the! Board took action to change the policy to nos smoking in the buildings. He stated that at that time the additional step of amending the ordinance was not done. Ifyou read the ordinance it does not actually bani iti inside the buildings. It says in designated smoking areas. He recommended that the Board call for a public hearing at the. January meeting to amend the ordinance banning smoking in all County buildings. Mr. Wooten moved to call for aj public hearing at the. January meeting to consider thej proposed amendment to the Smoking ordinance. Mrs. Harris seconded the motion, which carried by unanimous vote. 2. Mr. Wiggins called aj public hearing to order to receive citizen comments and questions relative to proposed change tol Leak Adjustment Policy and consideration of offering al leak protection program. Mr. Peters read the public notice as published. County over the last few years: construct an advance manufacturing training center at ECC. voting oni it tonight. Mr. Evans stated that the County currently has aj policy to offer leak adjustment for water customers ifit can be shown that a plumbing lead has contributed to an extraordinary high bill. Though this certainly is beneficial for our customers, itis costly for Water/Sewer operations. Mr. Evans proposeda a change to that policy that would eliminate the leak adjustment, but also propose that we offer al leak Protection Program. The details of which were presented at 3 thel last meeting. Considering this would be a substantial change for customers, and thel Board wisely elected tol hold aj public hearing tos solicit citizen input. Mr. Evans stated that following thej public hearing he recommended that the Board approve the policy change and authorize him to execute a contract with Servline Mr. Wiggins called for public comments. There being none, the public hearing Mr. Wooten moved to approve the contract with Servline as presented. Mrs. Mrs. Harris and Mr. Boswell expressed their concerns regarding the policy. Motion failed to carry by a vote of4: against (Mr. Wiggins, Mrs. Harris, Mr. Boswell and Rev. Hines); 31 for the motion (Mr. Wooten, Mrs. Powell and Mr. to offer the Leak Protection Program to our customers. was adjourned. Powell seconded the motion. Webb) 7. SCHEDULED APPOINTMENTS. A.] Mike Walston, Chief Court Counselor, will provide an update on the Mr. Walston stated that he serves at the State working with juvenile, justice for 25 years, Chief Court Counselor for 10 years, overseeing Juvenile Justice for Edgecombe, Nash and Wilson counties. Hes stated that lawmakers raised the age ofj juvenile jurisdiction for non-violent offenses to the age of18. Study shows that thes success of rehabilitation of offenders in the juvenile justice systemi isl higher than the adult system, so thisi is hoping tol lower crime rates and lower law enforcement costs as well. He stated that it took effect on December 1,2019. Delinquent juveniles will now be any youth at] least 63 years of age and less than 18 years of age that commits a crime; infraction of statel law or indirect contempt of court. This does not include violation of motor vehicle laws. A160 or 17: year old juvenile shall be prosecuted as an adult if they havea prior District or Superior Court conviction. Once an adult always and adult. Convictions will determine if the youth willl bej processed int the juvenile Violations of the motor vehicle lawj punishable by a misdemeanor or infraction shall not be considered as a conviction unless the conviction is impaired driving. Currently aj prayer for judgement will also not be 16; years of age or over at the time of the offense, if an offense is a Class A through G1 felony the court shall transfer jurisdiction of thej juvenile to Superior Court. This is after (1) notice to juvenile that al bill has been returned and (2) notice, hearing and ai find of] probable cause. Ifayouthi is charged with an H orI felony after notice, hearing and finding of probable cause the youth could bet transferred to Superior Court. Ani individual over age 21 committed an offense as a juvenile or is not 18 years or over as a bound, over, ifs secure custody is ordered! he/she willl be Maximum age of jurisdiction: (age 15-age 18) (age 16-age 19) (age 17-age Making a decision on a complaint the Court Counselor shall conduct a gang assessment for youth 12 years of age or older. Ifthe juvenile is adjudicated of an offense beyond a reasonable doubt that the offense was partof implementation of the "Raise the Age" legislation. Mr. Walston provided the following points: system. considered a conviction. detained at the county jail. 20). 4 criminal gang activity, thej juvenile shall receive a disposition one level Juvenile. Justice personnel shall (1) transport from detention to Court (2) from al hold over facility to court and (3) from detention to county. jail. District 7s staff willl be requesting for assistance with after hour transports when secure custody is requested by law enforcement. higher. 8. 9. PUBLIC] PETITIONS. No petitioners came forward. OTHER BUSINESS: A. Approval of budget amendments. Mr. Evans provided additional information on some of thel budget amendments. Mrs. Powell moved to approve the budget amendments as presented. Rev. Hines B. Approval of calling for a public hearing on additional changes to the Animal Mr. Evans stated thati in June the Board adopted changes to the County's ordinance pertaining to animal services. Since then, the Animal Welfare Advisory Council has continued to review the ordinance and have further recommendations regarding Article II-Wild or Exotic. Animals. In summary, the changes they recommend tot thiss section would remove the responsibility of permitting and enforcement of wild and exotic animals from Animal Services and leave that to the Wildlife Commission and US Department of Agriculture. The recommended change would also ban thel keeping of wild animals and venomous and dangerous exotic animals. Mr. Evans stated that in addition to the changes in Article II, the Council also recommends a change to the recently amended Article II, Section 4-34. They recommend to: add "metal" to barrels on the list of conditions that shall not constitute adequate shelter. These changes Rev. Hines moved to call for aj public hearing at the January 6th meeting. Mr. Boswell seconded the motion, which carried by unanimous vote. Mr.] Evans stated that staff with! NC DOT received aj petition to close aj portion of Ralston Road (SR-1549). This section is a gravel road east of Mayo Crossroads and runs in a southeasterly direction for. .71 miles to a dead end. They recommend the: abandonment ofthis portion oft the road, which requires thel Board'sapproval. Mr. Boswell moved to approve the request as presented. Mrs. Powell seconded Mr. Boswell moved to approve the awards as presented. Mr. Webb seconded the Rev. Hines moved to approve the 20201 Holiday Schedule as presented. Mrs. Powell seconded the motion, which carried by unanimous vote. G. Approval of additional funding forJ JCPCprograms. Mrs. Powell moved to approve the funding as presented. Mr. Boswell seconded the motion, which carried by unanimous vote. seconded the motion, which carried by unanimous vote. Services Ordinance. require aj public hearing. C. Approval ofa petition to abandon Ralston Road. the motion, which carried by unanimous vote. motion, which carried by unanimous vote. E. Approval of 2020 Holiday Schedule. D. Approval of Edgecombe County Recreation Mini-Grant awards. 5 10. APPOINTMENTS. A.] Nursing Home and Adult Care Home Advisory Committee No recommendations. B.NCI Eastern Region. No recommendations. C.Planning Board. Mr.] Boswell moved to re-appoint Mr. William Gaines and Mrs. Ednal Parker. Mrs. Mrs. Cynthia Jenkins, Planning Director, presented the Planning Board report. Harris seconded the motion, which carried by unanimous vote. 11. PLANNING BOARD REPORT. A. Action items: 1. Rezoning request from Reba Allen. which carried by unanimous vote. which carried by unanimous vote. which carried by unanimous vote. B. Minutes ofl November 18, 2019 meeting. Rev. Hines moved to call for a public hearing at the Board of Commissioners. January 6, 2020 meeting. Mrs. Harris seconded the motion, 2. UDO text amendment request from] Raeford Allen Walston. Rev. Hines moved to call for a public hearing at thel Board of Commissioners January 6, 2020 meeting. Mr. Boswell seconded the motion, 3. UDO text amendment request from the Planning' Team. Mrs. Powell: moved to call for aj public hearing at thel Board of Commissioners. January 6, 2020 meeting. Mr. Webb seconded the motion, 12. AFTERLISTS ANDI RELEASES FOR REVIEW AND APPROVAL. seconded the motion, which carried by unanimous vote. Mr. Boswell moved to approve the afterlists and releases as presented. Mrs. Powell Mrs.] Harris moved to approve the contracts as presented. Mrs. Powell seconded the 13. CONTRACTS FOR REVIEWIAPPROVAL: motion, which carried by unanimous vote. 14. DEPARTMENTALREPORIS FOR REVIEW,-"Rechd" A. Water Services. B.F Financial Summary report. C.Hurricane recovery update. D.TDA finance report. E.Flul Report. 15. MANAGER'S REPORI--"Rechd" A. Workforce Development Indicators. B. Special Olympics Committee update. Mr. William Johnson, Assistant County Manager, stated that the Town of Tarboro has decided to add the duties of the Special Olympics Coordinator for Edgecombe County to the, job description to one of their recreation employees, Who will receive compensation for thei increased duties. He stated that the Town has requested of the County help in funding for that and the actual funding for Mr. Boswell moved to give an additional $2500. Mrs. Harris seconded, which Mr. William Johnson, Assistant County Manager provided the update. putting on the events. carried by unanimous vote. C.Solid Waste permits update. (Provided by Mr.. Johnson) 6 D. Recognition of William Johnson for completing thel UNC-School of Government's] Leadership Program. E. Funding formula revision for Braswelll Library. F.D Democratic Party's Notice of Vacancy for Register of Deeds. G.Letter to Suddenlink regarding customer complaints. J. Farm City Breakfast December 11 at7:30 a.m. H. Notification froml NC DHHS regarding January site visit to Vidant Medical L.Response to Complaint filed with NCI Department ofLabor re. Courthouse Mold Center. 16. COMMISSIONERS REPORT. Mr. Boswell stated that recently he read that Princeville is trying to secure more Mr. Evans stated that they havel had ongoing discussions with the Sheriff's coverage from the Sheriff's! Department. Department about that. 17. ATTORNEY'SI REPORT. 18. CLOSEDSESSION. None. Rev. Hines moved to goi into closed session to discuss economic development, a legal matter and a personnel matter. Mr. Wooten seconded the motion, which Mrs.] Powell moved to go out of closed session and resume the regular meeting. Mr. Wooten seconded the motion, which carried by unanimous vote. 19. MRS.] POWELLMOVEDTO, ADJOURN THE MEETING UNTILJANUARYG 2020 AT7:00 P.M. REV. HIINES SECONDED THE MOTION, WHICH CARRIED carried by unanimous vote. BY UNANIMOUS VOTE. Approved January 6, 2020. Frangie Mungo, Clerk to thel Board Bainlg 7