BOC Minutes February 26 2018approve
February 26, 2018
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PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 26, 2018
MEMBERS PRESENT OTHERS PRESENT
Tracey L. Kendrick Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, February 26, 2018 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Kendrick called the meeting to order. Commissioner Clayton gave an
invocation and Vice Chairman Powell led the group in the Pledge of Allegiance. Chairman
Kendrick announced Commissioner Puryear was participating in the meeting via telephone
conference.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
agenda.
RECOGNITION:
RESOLUTION OF APPRECIATION:
Chairman Kendrick read and presented a Resolution of Appreciation to Person
County Retiree, Sergeant Donald O’Dell.
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PUBLIC HEARING:
REQUEST BY ESA BOSTON SOLAR, LLC ON BEHALF OF PROPERTY
OWNERS, EDGAR & TERRI TALBERT, FOR A SPECIAL USE PERMIT (SUP-
06-17) TO ALLOW A SOLAR ENERGY SYSTEM ON 57.85 ACRES LOCATED
AT 8117 BOSTON ROAD (TAX MAP & PARCEL A68-10) IN THE RURAL
CONSERVATION ZONING DISTRICT:
A motion was made by Commissioner Clayton and carried 5-0 to open the duly
advertised public hearing for a request by ESA Boston Solar, LLC on behalf of property
owners, Edgar & Terri Talbert, for a Special Use Permit (SUP-06-17) to allow a solar
energy system on 57.85 acres located at 8117 Boston Road (Tax Map & Parcel A68-10) in
the Rural Conservation Zoning District.
The public hearing set to hear a request by ESA Boston Solar, LLC on behalf of
property owners, Edgar & Terri Talbert, for a Special Use Permit (SUP-06-17) to allow a
solar energy system on 57.85 acres located at 8117 Boston Road (Tax Map & Parcel A68-
10) in the Rural Conservation Zoning District required a quasi-judicial zoning decision
whereby witnesses are to be sworn in and subject to cross examination, no ex parte
communication and requires findings of fact. Chairman Kendrick administered the Oath of
Sworn Testimony to the following individuals who would offer testimony during the public
hearing: Lori Oakley, Caroline Darnell and Javier Latre.
Planning Director, Lori Oakley introduced Planner, Caroline Darnell and said Ms.
Darnell would be presenting the request by ESA Boston Solar, LLC on behalf of property
owners, Edgar & Terri Talbert, for a Special Use Permit (SUP-06-17) to allow a solar
energy system on 57.85 acres located at 8117 Boston Road (Tax Map & Parcel A68-10) in
the Rural Conservation Zoning District.
Ms. Darnell shared the following presentation and stated all zoning ordinances and
state statutes have been met for this public hearing.
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Ms. Darnell corrected the following slide noting the property is zoned RC or Rural
Conservation and not R or Residential as indicated on the slide.
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Ms. Darnell stated she was available for questions as well as the representative from
ESA Renewables.
Chairman Kendrick asked Ms. Darnell about the decommissioning and
performance guarantee for bonding upfront to take the decommissioning out to which Ms.
Darnell stated yes noting that was a requirement prior to issuance of a permit to start
construction.
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Speaking in favor of the request by ESA Boston Solar, LLC on behalf of property
owners, Edgar & Terri Talbert, for a Special Use Permit (SUP-06-17) to allow a solar
energy system on 57.85 acres located at 8117 Boston Road (Tax Map & Parcel A68-10) in
the Rural Conservation Zoning District was the following:
Mr. Javier Latre, Chief Technical Officer of ESA Renewables, LLC of 4155 St.
Johns Pkwy, Ste. 1100, Sanford, Florida stated the solar farm structures will be at least 50
ft. from the property lines and not higher than 12 ft. Mr. Latre stated he was available for
questions.
There were no individuals appearing before the Board to speak in opposition to the
request by ESA Boston Solar, LLC on behalf of property owners, Edgar & Terri Talbert,
for a Special Use Permit (SUP-06-17) to allow a solar energy system on 57.85 acres located
at 8117 Boston Road (Tax Map & Parcel A68-10) in the Rural Conservation Zoning
District.
A motion was made by Commissioner Jeffers and carried 5-0 to close the public
hearing for a request by ESA Boston Solar, LLC on behalf of property owners, Edgar &
Terri Talbert, for a Special Use Permit (SUP-06-17) to allow a solar energy system on
57.85 acres located at 8117 Boston Road (Tax Map & Parcel A68-10) in the Rural
Conservation Zoning District.
CONSIDERATION TO GRANT OR DENY A REQUEST BY ESA BOSTON
SOLAR, LLC ON BEHALF OF PROPERTY OWNERS, EDGAR & TERRI
TALBERT, FOR A SPECIAL USE PERMIT (SUP-06-17) TO ALLOW A SOLAR
ENERGY SYSTEM ON 57.85 ACRES LOCATED AT 8117 BOSTON ROAD (TAX
MAP & PARCEL A68-10) IN THE RURAL CONSERVATION ZONING
DISTRICT:
A motion was made by Vice Chairman Powell and carried 5-0 to grant the request
by ESA Boston Solar, LLC, on behalf of property owners, Edgar & Terri Talbert, for
approval of a Special Use Permit to allow a Solar Energy System on 57.85 acres located at
8117 Boston Road, (Tax Map & Parcel A68-10) in the Rural Conservation Zoning District
with the following conditions noting the request was in keeping with the Person County
Comprehensive Plan:
■ The applicant is to obtain all permits necessary from the County Planning and
Zoning Department and Building Inspections Department.
■ The applicant is to obtain an Erosion and Sedimentation Plan. A copy of the
approved plan and approval letter must be given to the Planning and Zoning
Department prior to issuance of a Zoning Permit.
■ A final “as-built” survey must be submitted to the Planning and Zoning
Department prior to issuance of a Certificate of Occupancy.
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PUBLIC HEARING:
REQUEST BY THE COUNTY’S ADDRESS COORDINATOR TO ADD FAITH
HAVEN LN, A PRIVATE ROADWAY, TO THE DATABASE OF ROADWAY
NAMES USED FOR E-911 DISPATCHING:
A motion was made by Commissioner Clayton and carried 5-0 to open the duly
advertised public hearing for a request by the County’s Address Coordinator to add Faith
Haven Ln, a private roadway, to the database of roadway names used for E-911
dispatching.
GIS Manager, Sallie Vaughn stated the request to add a private roadway to the
database of roadway names used for E-911 dispatching was necessitated by the four private
residences located on the same private driveway off Cunningham Rd. She noted that
emergency responders have reported issues in the past with locating homes accessed along
this driveway. In order to bring the addresses into compliance with Article IV, Section 402
H of the Ordinance Regulating Address and Road Naming in Person County, the driveway
must be named. The addition of this road will require occupants of the four existing
residences to change their addresses to reflect the new roadway name.
N.C. General Statue 153A-239.1(A) requires a public hearing be held on the
matter and public notice to be provided at least 10 days before the hearing in the
newspaper. The required public notice was published in the February 17, 2018 edition of
the Roxboro Courier-Times.
Ms. Vaughn further noted that the adjacent property owners were contacted via
certified mail and all four property owners have reached a unanimous decision on the
name Faith Haven Ln, which is compliant with the Ordinance. A sign advertising the
public hearing was placed at the proposed roadway location approximately ten days prior
to this public hearing.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the request by the County’s Address Coordinator to add Faith Haven Ln, a
private roadway, to the database of roadway names used for E-911 dispatching.
A motion was made by Commissioner Jeffers and carried 5-0 to close the public
hearing for a request by the County’s Address Coordinator to add Faith Haven Ln, a private
roadway, to the database of roadway names used for E-911 dispatching.
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CONSIDERATION TO GRANT OR DENY REQUEST BY THE COUNTY’S
ADDRESS COORDINATOR TO ADD FAITH HAVEN LN, A PRIVATE
ROADWAY, TO THE DATABASE OF ROADWAY NAMES USED FOR E-911
DISPATCHING:
A motion was made by Commissioner Jeffers and carried 5-0 to add Faith Haven
Ln, a private roadway, to the database of roadway names used for E-911 dispatching, as
presented.
INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of January 22, 2018,
B. Approval of Minutes of January 23, 2018,
C. Approval of Minutes of February 5, 2018,
D. Budget Amendment #12 revised,
E. Allensville Firefighters’ Relief Fund Board of Trustees Appointment,
F. Telamon Corporation Submission of FY18/19 Community Services Block
Grant Application, and
G. Substance Abuse and Mental Health Services Administration Grant
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NEW BUSINESS:
RESOLUTION AMENDING THE PERSON COUNTY ECONOMIC
DEVELOPMENT COMMISSION FOR A CHANGE IN MEMBERSHIP:
Commissioner Jeffers recalled the request from the Economic Development
Commission (EDC) Chairman, David Newell, Sr., for consideration to change the EDC
membership to move the City of Roxboro’s representative from an ex-officio seat without
voting rights to an ex-officio with voting rights.
Commissioner Jeffers presented the Board of Commissioners a Resolution
Amending Person County’s Economic Development Commission for a change in
Membership to increase to nine voting members and to grant voting privileges to the City
of Roxboro’s representative.
A motion was made by Commissioner Jeffers to adopt a Resolution Amending the
Person County Economic Development Commission for a Change in Membership to add
a seat for the elected mayor or an alternate elected official of the Roxboro City Council
with full voting rights.
Vice Chairman Powell stated his support to tweak the EDC and to add the Mayor
as a voting member.
Vice Chairman Powell offered a substitute motion to add Mr. Mike Wilkins to the
EDC Board along with the Mayor. County Manager, Heidi York noted the statute requires
a maximum of nine members; in order to add Mr. Wilkins to the EDC Board, a current
member would need to come off to create the open seat for Mr. Wilkins. Vice Chairman
Powell withdrew his substitute motion.
The original motion made by Commissioner Jeffers carried 5-0 for the Mayor or a
designated elected official of Roxboro City Council to be appointed to the EDC Board with
voting rights.
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PRELIMINARY RESOLUTION TITLED “RESOLUTION MAKING CERTAIN
DETERMINATIONS CONCERNING A PROPOSED INSTALLMENT
FINANCING AGREEMENT TO FINANCE A PORTION OF THE COST OF
VARIOUS PROJECTS AND PROVIDING FOR CERTAIN RELATED
MATTERS” RELATED TO THE FINANCING OF PUBLIC SAFETY
COMMUNICATION TOWERS, RELATED FACILITIES AND EQUIPMENT;
AND OTHER VARIOUS COUNTY AND SCHOOL BUILDING
IMPROVEMENTS:
Finance Director, Amy Wehrenberg requested the Board to approve a Resolution
making certain Determinations concerning a Proposed Installment Financing Agreement to
Finance a portion of the Cost of Various Projects and providing for Certain Related Matters”
related to the financing of Public Safety Communication Towers, Related Facilities and
Equipment; and Other Various County and School Building Improvements. She explained
that the presented Resolution represented the Board’s formal intent to finance the
construction of two (2) public safety communication towers, the purchase and installation
of related facilities and equipment, as well as building improvements to Huck Sansbury
Gym, and various School buildings (collectively, the “Project”). This Resolution includes
five (5) additional building improvements* that were deemed critical and necessary during
staff’s evaluation of requested Capital Improvement Plan (CIP) projects received on
February 16, 2018. Ms. Wehrenberg noted the recommendation to add these projects to the
debt financing was the result of the funding constraint created in the CIP with the addition
of the large $1.3M fiber project that was also scheduled for next year. Ms. Wehrenberg said
this funding strategy allows the General Fund to commence with the much-awaited fiber
project without having to defer other major capital needs submitted by the County,
Community College, and the Schools. The average annual debt payment for the financing
of the projects listed below is $380K. The maximum amount of funds necessary to finance
the Project is $4,750,000, but less is anticipated. Ms. Wehrenberg stated that firm estimates
and final loan documents will be available for the Board’s consideration at their meeting on
April 9, 2018. The specific list of projects proposed by this Resolution to be financed include
the following:
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Public Safety Communication, Various County &
School Improvements Capital Project
Towers Construction (Bushy Fork and Bethel Hill)
VIPER Radio Units
VHF Equipment
Northern Middle School Improvements:
Rooftop Units replacement
Fire Alarm replacements
*Huck Sansbury Gym-HVAC
*Early Intervention & Family Services-roof replacement
*Helena Elementary School-cooling tower replacement
*Stories Creek Elementary School-cooling tower
replacement
*South Elementary School-heating/cooling valves
replacement
Ms. Wehrenberg stated the Resolution was set forth by sections as follows:
1. Establishes certain findings and determinations regarding the proposed
financing that it is necessary and expedient to provide funding by debt; that
this particular type of financing is preferable; the amount of the proceeds of
the proposed debt is sufficient; the County’s debt policies are in good order;
an increase in taxes to fund repayment of the debt is not anticipated; and
that the County is not in default on any of its debt
2. Designates and authorizes certain County officials to represent the County
in filing an application with and requesting approval from the Local
Government Commission (LGC) for the proposed financing agreement
3. Requests that the LGC approve the proposed financing agreement
4. Designates the special counsel to represent the County’s interests
5. The resolution is effective upon its passage by the Board
(Note: At this time, it is anticipated that the conveyance of Northern Middle School will
be pledged as collateral for this financing.)
A motion was made by Commissioner Jeffers and carried 5-0 to adopt a
Resolution making certain Determinations concerning a Proposed Installment Financing
Agreement to Finance a Portion of the Cost of Various Projects and providing for Certain
Related Matters.
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RESOLUTION MAKING CERTAIN DETERMINATIONS
CONCERNING A PROPOSED INSTALLMENT FINANCING
AGREEMENT TO FINANCE A PORTION OF THE COST OF
VARIOUS PROJECTS AND PROVIDING FOR CERTAIN RELATED
MATTERS.
WHEREAS, the County of Person, North Carolina (the “County”) is considering
entering into an installment financing agreement and certain related documents pursuant to
G.S. §160A-20, as amended, for the purpose of providing funds in an amount not to exceed
$4,750,000, with other available funds, for paying the cost of (a) acquiring, constructing
and installing two communication towers and related facilities and equipment that are a
part of a project to improve the public safety communication system serving the residents
of the County, (b) installing a heating, ventilating and air conditioning system at the Huck
Sansbury Gym, (c) replacing the fire alarm system and three rooftop heating, ventilating
and air conditioning units at Northern Middle School, (d) replacing the roof at Early
Intervention & Family Services, (e) replacing the cooling towers at Helena Elementary
School and Stories Creek Elementary School and (f) replacing heating and cooling unit
valves at South Elementary School (collectively, the “Project”); and
WHEREAS, it is necessary to take certain related actions at this time;
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Board of
Commissioners for the County, as follows:
Section 1. The Board of Commissioners for the County (the “Board of
Commissioners”) hereby finds and determines in connection with such proposed
agreement that (a) the proceeds of such proposed agreement will be used to finance a
portion of the cost of the Project to meet an urgent need for improved school and other
public facilities constituting the Project to serve the residents of the County and,
accordingly, such proposed agreement is necessary or expedient for the County, (b) such
proposed agreement, under current circumstances, is preferable to a bond issue of the
County for financing the same purpose because there is not adequate time to authorize and
issue bonds of the County prior to the time when funds will be needed for such purpose,
(c) the sums estimated to fall due under such proposed agreement are adequate and not
excessive for its proposed purpose because they are based upon the County’s best estimate
of the cost of the Project, (d) the County’s debt management procedures and policies are
good and its debt will continue to be managed in strict compliance with the law, (e) any
increase in taxes necessary to meet the sums estimated to fall due under such proposed
agreement will not be excessive because the County expects that it will not be necessary to
increase taxes for such purpose and (f) the County is not in default regarding any of its debt
service obligations.
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Section 2. The County Manager, the Finance Director and the County Attorney
of the County are each hereby designated as a representative of the County to file an
application for approval of such proposed agreement with the Local Government
Commission of North Carolina and are authorized to take such other actions as may be
advisable in connection with the negotiation of such proposed agreement and the
development of the related financing; and all other actions heretofore taken by any of such
officers or any other officer of the County relating to such matter on behalf of the County
are hereby approved, ratified and confirmed.
Section 3. The Board of Commissioners hereby requests the Local
Government Commission of North Carolina to approve such proposed agreement under
Article 8 of Chapter 159 of the General Statutes of North Carolina, as amended.
Section 4. The law firm of Robinson, Bradshaw and Hinson, P.A., Charlotte,
North Carolina, is hereby confirmed as special counsel to the County in connection with
such proposed agreement.
Section 5. This resolution shall take effect immediately upon its passage.
Upon motion duly made and seconded, the foregoing resolution was passed by the
following vote:
Ayes: Chairman Tracey L. Kendrick, and Commissioners Gordon Powell, Kyle
W. Puryear, Jimmy B. Clayton, and B. Ray Jeffers.
Noes: None.
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REQUEST TO ACCEPT PIEDMONT ELECTRIC MEMBERSHIP
CORPORATION LOAN FOR AMBULANCES AND TURNOUT GEAR:
Finance Director, Amy Wehrenberg stated the Piedmont Electric Membership
Corporation (PEMC) Board of Directors approved an interest-free loan on January 30,
2018 for Person County to purchase three ambulances and turn-out safety gear with the
following terms:
1. Amount of Loan: $776,086.00
2. Payment Term: Five-year zero interest loan consisting of five annual
payments to PEMC of $155,217.20
3. First payment due on or before September 1, 2018
4. Annual Loan Servicing Fee of 1% on outstanding balance as of December
31st of each year
5. Loan documents to consist of loan agreement, promissory note and security
agreement
6. Person County will pay expenses associated with loan closing cost (estimate
of $3,000)
7. Loan closing date is scheduled for August 1, 2018
The yearly costs would be as follows:
FY
PEMC Loan
Payments 1% loan svc fee Attorney fees Total due PEMC
(Due Sept 1) (Due Dec 31) (Due at closing) (County's cost)
FY19
155,217.20
6,208.69
3,000.00
164,425.89
FY20
155,217.20
4,656.52 -
159,873.72
FY21
155,217.20
3,104.34 -
158,321.54
FY22
155,217.20
1,552.17 -
156,769.37
FY23
155,217.20 - -
155,217.20
Totals
776,086.00
15,521.72
3,000.00
794,607.72
Note: The debt proceeds and debt payments will be recorded in the County’s Debt Service
Fund. The budgeted funds and actual expense for the vehicles and equipment will be
recorded in the EMS Department.
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Ms. Wehrenberg recommended the Board to accept the interest-free loan offer from
PEMC as presented and grant the necessary authority to the County Manager and Finance
Director to execute the associated loan documents on the County’s behalf.
A motion was made by Commissioner Clayton and carried 5-0 to accept Piedmont
Electric Membership Corporation interest-free loan for Person County to purchase three
ambulances and turn-out safety gear as well as grant authority to the County Manager and
Finance Director to execute the association loan documents on the County’s behalf with
the terms as presented.
APPROPRIATION OF FUNDS FOR EMS:
EMS Operations Manager Greg White reminded the Board that in January EMS
approached the Board to seek permission to look at a possible lease purchase loan. Director
of Emergency Management Services, Douglas Young approached Piedmont Electric to
pursue a non-interest bearing loan in the amount of $776,086 which has been approved.
The closing date on this loan is not set until August 2018.
Mr. White stated with the projected closing date of August, the three ambulances
will not arrive until the end of this calendar year and the prices of the safety gear will
increase in March 2018. In order to help reduce vehicle maintenance cost and keep current
ambulance and safety gear pricing, Mr. White requested the Board to approve the advance
purchase of one of the three ambulances and safety gear during this budget year (FY 17/18)
for $272,335. The cost of the ambulance is $226,055 and the safety gear is $46,280. Mr.
White said that once the loan was closed and proceeds are received, the County would
reimburse the County for this ambulance and turnout gear in FY 18-19, and be in place for
the purchase of the remaining two ambulances.
County Manager, Heidi York clarified that the request was for an advance of Fund
Balance to allow him to order one ambulance and purchase the turn out gear and once the
loan proceeds are received in August, the County would reimburse the Fund Balance
appropriation that was advanced.
A motion was made by Commissioner Clayton and carried 5-0 to approve the
advance purchase of one of the three ambulances and safety gear through a Fund Balance
appropriation during this budget year (FY 17/18) for $272,335 with this amount to be
reimbursed upon receipt of the loan proceeds as presented.
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APPOINTMENT TO BOARDS AND COMMITTEES:
Clerk to the Board, Brenda Reaves presented interested citizens applications to fill
vacancies on the following:
A. Juvenile Crime Prevention Council
1-Year Initial Term: 2-Year Reappointment
1 position representing the faith community
1) Teresa Johnson requested appointment
B. Region K Aging Advisory Council
3-Year Term: 4 positions available
1) Dr. Rosalie Gates requested reappointment
A motion was made by Commissioner Jeffers and carried 5-0 to appoint Teresa
Johnson to the Juvenile Crime Prevention Council for an initial 1-year term representing
the faith community and to reappoint Dr. Rosalie Gates to the Region K Aging Advisory
Council for a 3-year term.
CHAIRMAN’S REPORT:
Chairman Kendrick thanked the community for the support for the recent Wi-Fi
ribbon cutting at the Mt. Tirzah Public Safety Tower.
MANAGER’S REPORT:
County Manager, Heidi York reported the Economic Development Commission
would be meeting at 4:00pm on February 27, 2018.
Ms. York stated the Board of Commissioners were invited to a Public Sector Star
Award Celebration on February 28, 2018 at 10:00am hosted by the Person County General
Services Department in the Auditorium.
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COMMISSIONER REPORT/COMMENTS:
Commissioner Puryear thanked the Board for accommodating his request to attend
the meeting via telephone conference.
Commissioner Jeffers made the group aware of the state of NC overpayment to
providers providing child care noting the state has asked the Department of Social Services
to assist in recouping the over payment from the providers.
Commissioner Clayton reported on a recent field trip to Polk County to tour its Ag
Economic Development Program noting an opportunity to view its Ag Economic position
along with its state-of-the-art Tryon Horse Complex. He said the Assistant County
Manager could provide more details.
Commissioner Clayton advocated the County reconsider its vehicle rotation
program; he gave an example of the vehicle used on the recent field trip having dry-rotted
tires that caused blow-outs.
Vice Chairman Powell had no report.
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ADJOURNMENT:
A motion was made by Vice Chairman Powell and carried 5-0 to adjourn the
meeting at 9:37am.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman