BOC Minutes July 10 2017approveJuly 10, 2017
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PERSON COUNTY BOARD OF COMMISSIONERS JULY 10, 2017
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
recessed session on Monday, July 10, 2017 at 8:30am in the Commissioners’ meeting room
in the Person County Office Building for the purpose of conducting informal interviews
with applicants of the Person-Caswell Lake Authority and the Piedmont Community
College Board of Trustees.
Chairman Kendrick called the recessed meeting to order.
A motion was made by Vice Chairman Powell and carried 5-0 to enter Closed
Session #1 at 8:30am for the purpose of considering appointment of individuals through
and informal interview process per General Statute 143-318.11(a)(6) with applicants of the
following:
A. Person-Caswell Lake Authority
B. Piedmont Community College Board of Trustees
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 8:50am.
APPOINTMENT TO PERSON-CASWELL LAKE AUTHORITY:
Chairman Kendrick opened the floor for nominations.
A motion was made by Commissioner Puryear and carried 5-0 to appoint Mr. John
Bullock to the Person-Caswell Lake Authority for a 3-year term.
APPOINTMENT TO PCC BOARD OF TRUSTEES:
Chairman Kendrick opened the floor for nominations.
A motion was made by Commissioner Puryear and carried 5-0 to appoint Mr.
Clarence Smith to the Piedmont Community College Board of Trustees for a 4-year term.
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
recessed meeting at 8:52am.
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Chairman Kendrick called the regular scheduled 9:00am meeting to order.
Commissioner Clayton gave an invocation and Vice Chairman Powell led the group in the
Pledge of Allegiance.
Chairman Kendrick introduced to the group, Piedmont Community College’s
President, Dr. Pamela Senegal.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Kendrick proposed to table an item on the agenda for a Resolution of
Intent to Lease Property at the Old Helena School to Piedmont Career Academy, Inc. and
brought before the Board at its August 7, 2017 meeting.
A motion was made by Commissioner Puryear and carried 5-0 to table a
Resolution of Intent to Lease Property at the Old Helena School to Piedmont Career
Academy, Inc. until the Board’s August 7, 2017 meeting and to approve the agenda as
adjusted.
PUBLIC HEARING:
ADDITION OF WRENN ACRES TRAIL, A PRIVATE ROADWAY TO THE
DATABASE OF ROADWAY NAMES USED FOR E-911 DISPATCHING:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a request by the Person County Address Coordinator to add
Wrenn Acres Trail to the database of roadway names used for E-911 dispatching.
GIS Manager, Sallie Vaughn stated two private residences are located on a private
driveway off Wrenn Crumpton Road and with the addition of a third private residence to
this driveway, and to be in accordance 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 the proposed new road will require occupants of the two existing residences
to change their addresses to reflect the new roadway name.
Ms. Vaughn said the North Carolina General Statue 153A-239.1(A) required a
public hearing be held on the matter and public notice to be provided at least 10 days before
the hearing in the newspaper. She noted the required public notice was published in the
June 10, 2017 edition of the Courier-Times.
Ms. Vaughn stated the adjacent property owners were contacted via certified mail
at the time permits were obtained for the new residence. The two existing property owners
agreed upon a road name and submitted the recommended roadway name of Wrenn Acres
Trail, which is compliant with the Ordinance. A sign advertising the public hearing was
placed at the proposed roadway location approximately two weeks prior to the public
hearing.
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Ms. Vaughn requested Board consideration to approve the recommended roadway
name, Wrenn Acres Trail.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the request to add Wrenn Acres Trail to the database of roadway names used
for E-911 dispatching.
A motion was made by Commissioner Puryear and carried 5-0 to close the
public hearing for the request by the Person County Address Coordinator to add Wrenn
Acres Trail to the database of roadway names used for E-911 dispatching.
CONSIDERATION TO GRANT OR DENY REQUEST FOR THE ADDITION OF
A NEW PRIVATE ROADWAY, WRENN ACRES TRAIL:
A motion was made by Commissioner Puryear and carried 5-0 to approve a
request for the addition of a new private roadway, Wrenn Acres Trail to be added to the
database of roadway names used for E-911 dispatching.
INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of June 15, 2017,
B. Approval of Minutes of June 19, 2017,
C. Budget Amendment #1,
D. Budget Amendment - CIP
E. Tax Adjustments for July 2017
a. Tax Releases,
b. NC Vehicle Tax System pending refunds, and
c. Refund request from D&L Associates, record 5282, for taxes paid
on a removed modular.
NEW BUSINESS:
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FOLLOW-UP ON SOLAR FARM REQUIREMENTS:
Planning Director, Lori Oakley stated at the Board’s May 15, 2017 meeting,
additional information was requested regarding solar farms as it pertains to
decommissioning plans and bonding requirements. Ms. Oakley presented to the Board a
summary of solar farm regulations for the following counties in NC.
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Ms. Oakley provided an overview of the eight solar farms currently in operation in
Person County; there was one solar farm that was approved but the applicant has decided
not to proceed with construction. Ms. Oakley stated there are three solar farms known to
the Planning Department that are under review and another three potential solar farms
known to be in the planning stages.
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Ms. Oakley stated she has spoken to solar farm companies about decommissioning
plans and they noted that decommissioning was included as a part of the lease agreement
with the property owners and was not concerned if the county were to enact
decommissioning in the County’s Ordinance. Ms. Oakley added that a request for a solar
farm located not within 200 ft. of an existing residential structure did not require Board
approval and could be approved at the staff level.
Ms. Oakley told the group that Person County meets the standard residential
setbacks per ordinance requirements.
Chairman Kendrick asked how the bonding requirements were calculated, i.e. price
per unit, price per acre or an average cost of the estimated cost of decommissioning. Ms.
Oakley stated a typical bonding requirement was 1.25 times the estimated costs as provided
by the applicants’ engineer and reviewed/approved by staff.
Chairman Kendrick noted his support of the County’s location, buffer and setbacks
as regulated in Person County’s Ordinance but advocated to add a decommissioning plan
and a bonding requirement of 1.25 times the estimated decommissioning costs.
A motion was made by Chairman Kendrick and carried 5-0 to add a
decommissioning plan and a bonding requirement of 1.25 times the estimated
decommissioning costs. By this action of the Board to change an ordinance, staff
confirmed that a public hearing will be required to be held by the Planning Board; once the
Planning Board makes a recommendation, the Board of Commissioners will also conduct
a public hearing prior to taking action to adopt regulations for a decommissioning plan and
a bonding requirement for 1.25 times the estimated decommissioning costs.
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SALE OF SURPLUS PROPERTY:
Assistant County Manager, Sybil Tate noted the Board has expressed interest in
selling the following surplus properties:
1. “Roxplex corner lot”- 1.11 acres, record number 10323
2. “Roxplex lot facing Carrington Rd”- .92 acres, record number 10324
3. “Old Senior Center building and green space”- .54 acres, record number 16471
4. “Old Hotel lot”- .49 acres, record number 10534
Ms. Tate stated that General Statute 160A allows for the sale of surplus property
via the upset bid process. Ms. Tate explained the upset bid process begins with an initial
offer by placing for sale signs on the property. Once an initial offer is received, Ms. Tate
noted that a resolution would be brought back to the Board to advertise for the upset bid
process to solicit additional bids. Any new bids submitted thereafter should not be less
than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of
the remainder are solicited. This process will then be followed until no further bids are
received.
Ms. Tate asked the Board to authorize staff to solicit an initial offer for the surplus
properties should the Board proceed with the sale of surplus property.
Ms. Tate noted that Environmental Health has deemed both of the Roxplex
properties “unsuitable” for septic systems, even when combined. If the Board decides to
move forward with the sale of these properties, staff recommends accepting bids for both
Roxplex lots together and separately. Commissioner Clayton stated the two Roxplex lots
may in the future have sewer run by them which will increase the value. He noted caution
to sell the two Roxplex lots at this time.
A motion was made by Commissioner Clayton and carried 5-0 to remove the two
Roxplex lots (record numbers 10323 and 103254) from the sale of surplus property and to
proceed to sell the Old Senior Center building/green space and the Old Hotel lot as surplus
property.
Commissioner Jeffers suggested adding the picnic shelter located at the Old Senior
Center on Depot Street under the rental agreement with Parks & Rec for rental use.
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TAX COLLECTOR SETTLEMENT:
Tax Administrator, Russell Jones told the group as required by General Statute 105-
373(a)(3), an annual settlement for taxes for the current fiscal year and all previous years
must be made with the governing body of the taxing unit for approval. Mr. Jones provided
the following presentation for his annual settlement:
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A motion was made by Commissioner Jeffers and carried 5-0 to accept the report
by the Tax Administrator for his annual settlement for taxes for the current fiscal year and
all previous years.
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ORDER TO COLLECT TAXES:
Tax Administrator, Russell Jones stated as required by General Statute 105-321,
the governing board of the taxing unit must issue an order of collection to tax collectors.
This gives the tax collector legal authority to collect taxes.
A motion was made by Commissioner Clayton and carried 5-0 to direct the Tax
Collector to collect taxes for 2017 and all delinquent taxes from prior years.
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RE-APPOINTMENT OF COUNTY ASSESSOR:
Tax Administrator, Russell Jones stated as required by General Statute 105-294(a),
the Person County Board of Commissioners must appoint a Tax Assessor. The Board of
Commissioners appointed the current tax assessor, Russell Jones, on July 20, 2015 for a
two-year term, which will expire this month. The current tax assessor is certified by the
North Carolina Department of Revenue as an Assessor, and therefore eligible for a four-
year appointment. It is customary for counties to appoint an Assessor for the full four-year
term.
Mr. Jones requested Board consideration to appoint a County Tax Assessor for a
designated term and to administer the oath of office
A motion was made by Commissioner Jeffers and carried 5-0 to reappoint Russell
Jones as Person County’s Tax Assessor for a four-year term.
Chairman Kendrick administered the oath to appoint Russell Jones as Person
County’s Tax Assessor for a four-year term.
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PUBLIC SAFETY COMMUNICATION SYSTEM UPDATE AND FUNDING
REQUEST:
Assistant County Manager, Sybil Tate informed the group that staff are moving
forward with construction of two towers located at Bethel Hill and Bushy Fork. The RFP
for tower construction is scheduled to be advertised July 15th, with bids due July 31st. Ms.
Tate noted the towers should be completed by spring 2018. Upon completion, the County
will hang public safety communication equipment and wireless broadband equipment the
towers. The entire project was estimated to be completed by winter 2018.
In order to ensure that the towers are completed quickly after the bids are received,
Ms. Tate requested funding from the General Fund for the tower construction in advance
of the financing. Once the proceeds from the financing are received, the General Fund will
be reimbursed for the costs associated with the tower construction. This allows construction
to begin immediately, instead of waiting 2-3 months after the bids are received for funding
from the financing. Using the reimbursement strategy also eliminates the need to ask
vendors to update the VHF equipment bids.
Ms. Tate requested Board consideration to proceed with two additional school
Capital Improvement projects in Fiscal Year 2018 that were slated for a future date. These
projects are:
Northern Middle School- Replace rooftop HVAC units- $535,000
Northern Middle School - Fire alarm replacement - $150,000
Ms. Tate explained by including these projects with the tower financing project,
along with the already approved bleachers ($85,000) for Northern Middle School, the
financing allows Northern Middle School to be used as collateral for the financing. This
addition also accomplishes much-needed school repairs more quickly and reduces strain
on the CIP in future years. In order to use Northern Middle School as collateral, the County
will need to request conveyance of Northern Middle School from the School Board.
Ms. Tate asked the Board to direct staff whether or not to proceed with advancing
funds for tower construction for reimbursement as well as direct staff whether or not to
request conveyance of Northern Middle School from the School Board.
A motion was made by Commissioner Jeffers and carried 5-0 to direct staff to
proceed with advancing funds for tower construction and to request conveyance of
Northern Middle School from the School Board.
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RESEARCH TRIANGLE REGIONAL PARTNERSHIP FISCAL YEAR 2018
REPRESENTATIVES:
Chairman Kendrick stated the Person County Board of Commissioners may select
three individuals to participate and represent the County on the Research Triangle Regional
Partnership (RTRP) Board of Directors. The list of most recent RTRP’s representatives
were:
1) Stuart Gilbert, Person County Economic Development Director,
2) Gordon Powell, Vice Chairman of the Person County Board of
Commissioners and commissioner representative on the Economic
Development Commission, and
3) Lauren Wrenn, City of Roxboro’s Planning & Development Director.
Chairman Kendrick asked the Board to designate the County’s three representatives
to serve on the RTRP for Fiscal Year 2017-2018.
A motion was made by Commissioner Puryear and carried 5-0 to designate the
same three individuals: Stuart Gilbert, Gordon Powell and Lauren Wrenn to represent
Person County on the Research Triangle Regional Partnership Board of Directors.
DESIGNATION OF VOTING DELEGATE TO NC ASSOCIATION OF COUNTY
COMMISSIONERS ANNUAL CONFERENCE:
Chairman Kendrick stated that voting credentials for the 2017 NCACC Annual
Conference scheduled on August 10-13, 2017 in Durham County must be submitted by
August 4, 2017 in order for Person County’s delegate to participate in the association’s
annual election of officers and policy adoption.
Chairman Kendrick asked for Board consideration to designate a commissioner
attending the Conference as Person County’s delegate. At this time, both Commissioners
Clayton and Jeffers plan to attend the full conference.
A motion was made by Commissioner Jeffers and carried 5-0 to designate
Commissioner Clayton as Person County’s voting delegate at the NC Association of
County Commissioners Annual Conference in August 2017.
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APPOINTMENTS TO BOARDS AND COMMITTEES:
Clerk to the Board, Brenda Reaves presented interested citizen applications to the
Board for nomination and appointment as deemed appropriate to fill current vacancies on
the following:
- Juvenile Crime Prevention Council (JCPC)
Unexpired term to Dec. 31, 2017 or consideration for a full 2-year term:
The Chief of Police or his designee: Lieutenant Ricky Hughes requested
appointment
- Library Advisory Board
3-year term: 1 position available: Roger Chance requested reappointment
- Recreation Advisory Board
3-year term: 1 position available: Dawn Wright requested reappointment
A motion was made by Commissioner Puryear and carried 5-0 to appoint
Lieutenant Ricky Hughes to the Juvenile Crime Prevention Council for a 2-year term, to
reappoint Roger Chance to the Library Advisory Board for a 3-year term, and to appoint
Dawn Wright to the Recreation Advisory Board for a 3-year term.
CHAIRMAN’S REPORT:
Chairman Kendrick requested the Board to complete the annual performance
evaluation form for the County Manager and submit such to the Clerk to the Board by
August 7, 2017. A Closed Session will be scheduled for the Board’s August 21, 2017
meeting to conduct the Manager’s performance evaluation.
Chairman Kendrick stated support of the recent fee imposed for disposal of
televisions at the County’s Recycling Center. He said that without such fee, all taxpayers
are paying for the disposal costs. County Manager, Heidi York said that citizens may be
cited for dumping if they leave a television without paying the fee.
MANAGER’S REPORT:
County Manager, Heidi York announced that the July 20, 2017 Economic
Development Commission (EDC) meeting was cancelled due to a conflict and transition
of the newly appointed board. She said the next EDC meeting would be held on August
17, 2017 at the Tax Office Conference Room starting at 8:00am.
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COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported the Timberlake Volunteer Fire Department has
recently completed its Strategic Plan.
Commissioner Clayton had no report.
Commissioner Puryear had no report.
Vice Chairman Powell asked if the County has a policy related to tiny houses.
Chairman Kendrick said the first tiny house was registered as a recreation vehicle noting
the County’s ordinance does not allow for a recreation vehicle to be set up on a permanent
foundation. Planning Director, Lori Oakley stated the County accepts tiny houses built to
the HUD code. In another case, Ms. Oakley described where a tiny house was built to
recreational vehicle standard and upgraded to a standard that was allowed in the county.
A motion was made by Chairman Kendrick and carried 5-0 to enter Closed
Session #2 at 9:51am for the purpose of considering appointment of individuals through an
informal interview process per General Statute 143-318.11(a)(6) with applicants of the
Economic Development Commission.
A motion was made by Vice Chairman Powell and carried 5-0 to return to open
session at 12:00pm.
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APPOINTMENTS TO ECONOMIC DEVELOPMENT COMMISSION:
Chairman Kendrick thanked all interested citizens that applied for the Economic
Development Commission, noting there were 14 great applications submitted for the seven
open positions.
Chairman Kendrick proposed amending the Person County Economic
Development Commission for a change in Membership to add two ex-officio positions to
the structure of the Economic Development Commission. These would be in addition to
the one ex-officio position designated to represent the agricultural/farm community and
each of the City and County Managers. The proposed new ex-officio positions would
include one ex-officio position to be designated as a representative for the City of Roxboro
and the other ex-officio position would be designated as a representative for Piedmont
Community College.
A motion was made by Commissioner Jeffers and carried 5-0 to add two ex-officio
positions to the Economic Development Commission; one ex-officio position would be
designated as a representative for the City of Roxboro and the other ex-officio position
would be designated as a representative for Piedmont Community College. This action, in
effect, modifies a Resolution Amending the Person County Economic Development
Commission for a Change in Membership.
A motion was made by Vice Chairman Powell and carried 5-0 to nominate and
appoint Dr. Claudia Berryhill as the agricultural/farm community ex-officio representative
on the Economic Development Commission for a 5-year term.
A motion was made by Commissioner Puryear and carried 5-0 to nominate and
appoint Dr. Pamela Senegal as the Piedmont Community College ex-officio representative
on the Economic Development Commission.
A motion was made by Commissioner Puryear and carried 5-0 to nominate and
appoint Mayor Merilyn Newell as the City of Roxboro ex-officio representative on the
Economic Development Commission.
Chairman Kendrick opened the floor for nominations for the seven at-large
individuals to serve on the Economic Development Commission, each for a 5-year term.
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A motion was made by Commissioner Jeffers and failed 2-3 to nominate and
appoint Kenneth Perry to the Economic Development Commission for a 5-year term.
Commissioners Jeffers and Clayton voted in favor of the motion. Chairman Kendrick,
Vice Chairman Powell and Commissioner Puryear cast the dissenting votes.
A motion was made by Commissioner Puryear and carried 5-0 to nominate and
appoint Donald Long to the Economic Development Commission for a 5-year term.
A motion was made by Commissioner Jeffers and carried 3-2 to nominate and
appoint Ernie Wood to the Economic Development Commission for a 5-year term.
Commissioners Jeffers, Clayton and Chairman Kendrick voted in favor of the motion. Vice
Chairman Powell and Commissioner Puryear cast the dissenting votes.
A motion was made by Chairman Kendrick and carried 3-2 to nominate and
appoint Phillip Allen to the Economic Development Commission for a 5-year term.
Chairman Kendrick, Vice Chairman Powell and Commissioner Puryear voted in favor of
the motion. Commissioners Clayton and Jeffers cast the dissenting votes.
A motion was made by Commissioner Puryear and carried 5-0 to nominate and
appoint Derrick Sims to the Economic Development Commission for a 5-year term.
A motion was made by Commissioner Jeffers and carried 5-0 to nominate and
appoint David Newell, Sr. to the Economic Development Commission for a 5-year term.
A motion was made by Chairman Kendrick and carried 3-2 to nominate and
appoint Dale Reynolds to the Economic Development Commission for a 5-year term.
Chairman Kendrick, Vice Chairman Powell and Commissioner Puryear voted in favor of
the motion. Commissioners Clayton and Jeffers cast the dissenting votes.
A motion was made by Commissioner Puryear and carried 5-0 to nominate and
appoint Danny Talbert to the Economic Development Commission for a 5-year term.
Commissioner Jeffers commented his displeasure that there were no minority
representation appointed to the Economic Development Commission. He said that
minorities represent 30% of the County and there was no one on this board to represent
their interests as they are employable in this County as well.
A Resolution Amending the Person County Economic Development Commission
for a Change in Membership follows:
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ADJOURNMENT:
A motion was made by Chairman Kendrick and carried 5-0 to adjourn the meeting
at 12:08pm.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman