BOC Minutes September 11 2017approve
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PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 11, 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
regular session on Monday, September 11, 2017 at 7:00pm in the Commissioners’ meeting
room in the Person County Office Building.
Vice Chairman Powell called the meeting to order at 7:05pm. Commissioner
Clayton gave an invocation and Commissioner Puryear led the group in the Pledge of
Allegiance. Chairman Kendrick was out of town assisting Duke Energy’s response to
restore power following recent hurricane weather, but attended the Board meeting via
conference call. Vice Chairman Powell conducted the board meeting for Chairman
Kendrick.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
RECOGNITION:
SEPTEMBER 11, 2001 PROCLAMATION:
Vice Chairman Powell read a September 11, 2001 Proclamation issued jointly by
the City of Roxboro and Person County on September 9, 2017 at a Patriot Day Event held
at the Person County Veterans Park memorializing the men, women and children who lost
their lives on September 11, 2001. This event was sponsored by the Person Veteran’s
Council, Roxboro Police Department, Roxboro Fire Department and Person County
Emergency Services.
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RESOLUTION OF APPRECIATION:
Vice Chairman Powell read and presented a Resolution of Appreciation to Person
County Retiree, Randy Long.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Phillip Gillis of 125 Jack Brann Road, Roxboro, and a member of the Board of
Education said he was coming before the Board as a member of the Allensville community
with many questions should the Board consider re-opening the old landfill site as a transfer
station. Mr. Gillis compared recent board action related to vacant, wooded lots to the nearly
one-hundred homes that would be impacted noting the additional road noise and constant
trash would be the biggest impacts. He told the Board that the Mt. Tirzah and Allensville
communities have already had its turn, and done its duty having a landfill in its front yard.
Person County Sheriff Dewey Jones wanted to make the Board aware that
reopening the old landfill site as a transfer station would impact law enforcement’s use of
that site for a firing range noting that both the City and County’s officers use this site for
mandated training and qualifying. Sheriff Jones noted consideration for safety should the
site re-open to the public and was used for multiple purposes. He said if his personnel has
to travel out of town for the needed training, his training budget line would be impacted as
much as $20,000.
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 August 7, 2017,
B. Approval of Minutes of August 21, 2017,
C. Budget Amendment #4,
D. Budget Amendment #5 Carryforwards,
E. Emergency Operation Plan Update, and
F. A Resolution Amending the Person County Economic Development
Commission for a change in Membership
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NEW BUSINESS:
A RESOLUTION OF SUPPORT TO DEDICATE A SECTION OF NC HIGHWAY
57 IN PERSON COUNTY TO COMMEMORATE THE SERVICE OF WORLD
WAR I VETERAN, FIRST LIEUTENANT GUY J. WINSTEAD:
Vice Chairman Powell presented a Resolution of Support to Dedicate a Section of
NC Highway 57 in Person County to Commemorate the Service of World War I Veteran,
First Lieutenant Guy J. Winstead for Board approval noting some of the requirements were
to have unanimous support by the local board of commissioners along with an
appropriation of the $2,000 associated costs. Commissioner Jeffers recommended the
$2,000 be appropriated from the County’s Undesignated Contingency Fund.
A motion was made by Commissioner Clayton and carried 5-0 to adopt a
Resolution of Support to Dedicate a Section of NC Highway 57 in Person County to
Commemorate the Service of World War I Veteran, First Lieutenant Guy J. Winstead and
to appropriate $2,000 from the County’s Undesignated Contingency Fund.
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A RESOLUTION OF SUPPORT TO DEDICATE A SECTION OF NC HIGHWAY 57
IN PERSON COUNTY TO COMMEMORATE THE SERVICE OF
WORLD WAR I VETERAN, FIRST LIEUTENANT GUY J. WINSTEAD
WHEREAS, the Person County Board of County Commissioners hereby acknowledge and
support a request to dedicate a section of NC Highway 57 in Person County to
commemorate a World War I veteran, First Lieutenant Guy J. Winstead; and
WHEREAS, First Lieutenant Guy J. Winstead was born in the Olive Hill community on August
29, 1896 and he joined the United States Army and served with Company C, the
38th Infantry Regiment, 3rd Division, American Expeditionary Forces, near
Chateau-Thierry, France, during June and July, 1918; and
WHEREAS, First Lieutenant Guy J. Winstead led four patrols across the Marne River while
exposed to heavy enemy machine-gun fire. On the second of these patrols the boat
was sunk and it was necessary to swim the river. While within the enemy lines he
and five others raided a German outpost, killing five of the enemy, and, in spite of
heavy enemy fire, returned with a prisoner; and
WHEREAS, First Lieutenant Guy J. Winstead on July 15, 1918, shortly after leading his platoon
under gas and shell fire to a position on a hill, he was killed in action by enemy
fire; and
WHEREAS, First Lieutenant Guy J. Winstead was awarded posthumously by the President of
the United States, authorized by Act of Congress, the Distinguished Service Cross,
the second highest award for heroism presented to a combat Army veteran;
WHEREAS, Criteria for this distinguished award states “the act or acts of heroism must have
been so notable and have involved risk of life so extraordinary as to set the
individual apart from their comrades.” Recipients of the Distinguished Service
Cross are eligible to have a roadway dedicated that is five miles or less.
NOW, THEREFORE, BE IT RESOLVED that the Person County Board of County
Commissioners, requests the NC Board of Transportation’s consideration to 1) exempt the
requirement for whom a road named in honor be deceased less than 75 years as the First Lieutenant
Guy J. Winstead made the ultimate sacrifice on the battle field and 2) to approve a section of NC
Highway 57 (Semora Road) starting at Thomas Road (SR 1398) and ending in approximately five
miles just before the Concord Church (SR 1300) and Concord Ceffo Road (SR 1340) intersection
with Semora Road. Be It Further Resolved that the Person County Board of Commissioners
expresses willingness to pay an administrative fee of $2,000 to assist in the costs of this request.
THIS RESOLUTION adopted this, the 11th day of September 2017.
Person County Board of County Commissioners
By: _____(Signed)__________________ Attest:________(Signed)___________________
Tracey L. Kendrick, Chairman Brenda B. Reaves, Clerk
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PERSON COUNTY AGING PLAN:
Person County Senior Center Aging Services Director, Maynell Harper introduced
Ms. Jillian Hardin, Kerr Tar Council of Government Area Agency on Aging Director to
present the Person County Aging Plan to the Board for approval. Ms. Harper noted about
a year ago, the Kerr Tar Area Agency on Aging, along with the Person County Senior
Center sought public input to begin the planning process to compile a county-wide aging
plan. She added that two public forums were held and a committee of diverse community
partners worked together to identify goals and plan strategies to enable Person County to
expend and sustain services for older adults.
Ms. Hardin shared the following presentation with the group:
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Ms. Harper shared the following presentation to illustrate the Senior Center’s
increased participation from 70 individuals to over 200 individuals including over 100
volunteers in the new facility:
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Commissioner Clayton thanked Ms. Hardin, Ms. Harper and Mr. Robert Allen, who
was present in the audience, for the committee’s effort putting together the County’s Aging
Plan.
A motion was made by Commissioner Jeffers and carried 5-0 to adopt the Person
County Aging Plan as presented. The Person County Aging Plan, as presented, is herewith
incorporated into the minutes by reference with a copy filed in the office of the Clerk to
the Board.
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SALE OF SURPLUS PROPERTY: RESOLUTIONS AUTHORIZING UPSET BID
PROCESS FOR OLD SENIOR CENTER AND OLD HOTEL:
Assistant County Manager, Sybil Tate stated the Board solicited initial offers for
the following two surplus properties:
1. “Old Senior Center building and green space”- .54 acres, record number 16471
2. “Old Hotel lot”- .49 acres, record number 10534
Ms. Tate noted that NC General Statute 160A allows for the sale of surplus property
via the upset bid process. Ms. Tate further noted that this process begins with an initial
offer. She said initial offers have been received for both the Old Senior Center and the Old
Hotel in the following amounts:
1. Old Senior Center - $500 from Chairman Tracey Kendrick
2. Old Hotel lot - $22,500 from John Dixon
Ms. Tate stated the initial offer will be advertised and new bids that are not less
than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of
the remainder will be solicited for the 10 days following. All bids are to be submitted to
the Clerk to the Board of County Commissioners along with a 5% deposit. The Clerk will
determine the highest, eligible bid and then solicit further bids. This process will be
followed until no further bids are received. The first advertisement will be published in
the local paper on September 16, 2017 with bids due by 5:00pm on September 25, 2017.
Ms. Tate stated in order to begin the upset bid process, the Board must adopt the
resolutions authorizing the upset bid process for the Old Senior Center and Old Hotel
properties. Ms. Tate requested the Board to adopt the resolutions and begin the upset bid
process.
Chairman Kendrick asked the Board to make a motion to recuse him from the
discussion and action related to the Sale of Surplus properties.
A motion was made by Commissioner Puryear and carried 4-0 to recuse Chairman
Kendrick from the discussion and action related to the sale of surplus properties as he
retained one of the bids discussed.
A motion was made by Commissioner Jeffers and carried 4-0 to adopt Resolutions
to Authorize the Upset Bid Process for both the Old Senior Center and the Old Hotel
surplus properties.
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PERSON COUNTY FALSE ALARM ORDINANCE:
Emergency Services Director, Doug Young stated the False Alarm Ordinance had
been developed as a result of Commissioner Jeffers’ request on behalf of the Volunteer
Fire Departments (VFDs) to reduce the number of false fire alarms, which burden county
and VFDs’ resources.
Mr. Young noted that the Inspections Director, Dale Tillman and the Fire Inspector,
William Lingle, through research found that the County’s current rules applied to
commercial alarms only. Through the group’s effort, the proposed Person County False
Alarm Ordinance will apply to both commercial and residential false alarms.
Mr. Young highlighted the proposed False Alarm Ordinance as follows:
Applies to both commercial and residential false fire alarms county-wide,
Enforced by the Inspections Department, with cooperation from the VFDs,
Assesses the following fines;
For false alarm 1 through 2- written warning,
For false alarm 3 through 5 a fine of $50.00 each,
For false alarm 6 through 7 a fine of $100.00 each,
For false alarm 8 through 9 a fine of $250.00 each,
For false alarm 10 and up a fine of $500.00 each,
Uses the fiscal year as the period of time to determine the number of false alarms
per year,
Defines the appeal process; allows for a written appeal to the Inspections Director,
Provides options for cost recovery – lien, debt set off, etc., and
Effective upon date of adoption by the Board of Commissioners.
Commissioner Jeffers asked staff if the fees through the assessment of fines would
be deposited into the County’s General Fund with tracking for reimbursement to the VFDs
that run the false alarms. County Manager, Heidi York stated the fines would be collected
through the Inspections Department at the time of enforcement and deposited into the
County’s General Fund. She added that a tracking could be set up for the end of the fiscal
year allocation to the VFDs, should that be the desire of the Board.
Commissioner Jeffers suggested staff track the fines with one-half of the fines
collected retained in the General Fund and the other one-half of fines collected be
distributed to the VFDs that run the false alarm calls.
The Person County False Alarm Ordinance may be adopted by the Board of
Commissioners at its first reading by unanimous vote. If not, a second reading will take
place at the Board’s next meeting for adoption with two prevailing majority votes.
A motion was made by Commissioner Jeffers and carried by unanimous vote 5-
0 at its first reading to adopt the Person County False Alarm Ordinance as presented.
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DRAFT OF TRANSFER STATION REQUEST FOR PROPOSALS:
Assistant County Manager, Sybil Tate said the Board, at its meeting on August 21,
2017, requested staff to draft a Request for Proposal (RFP) to manage the transfer station.
Ms. Tate presented a draft of the RFP. Below are the highlights:
1. Services include the following:
a. Operations and Maintenance of the transfer station,
b. Hauling waste to the Granville County landfill and recycling to the MRF,
and
c. Operating the scale house (requires board determination).
2. Cost is based on tons managed and adjusted annually by the CPI for the operations
and maintenance services,
3. Cost is based on tons managed and adjusted quarterly by the diesel fuel index for
the hauling services,
4. Cost is based on monthly operating costs and adjusted annually by CPI for the scale
house services,
5. Date to begin operations is July 1, 2018,
6. Includes a commitment from the county to up-fit the old transfer station, which is
estimated to cost $500,000,
7. Contract will be for 7 years, with 3, 1-year renewal options by the County,
8. Does not guarantee the amount of waste to be managed at the transfer station,
9. Provides the following preliminary dates for the RFP process:
Task/ Activity Event Date (and Time)
Issue RFP September 12, 2017
Mandatory Pre-Proposal Conference September 26, 2017
Final Day to Submit Requests for Information and Questions October 10, 2017
Proposal Submittal Date November 6, 2017, 3pm
10. Uses the same hours and holidays as the existing landfill,
11. Requires litter clean-up for three miles around the entrance of the landfill on Cedar
Grove Church Road, and
12. Bids are valid for 180 days after the November 6, 2017 due date.
Ms. Tate requested the Board to provide staff with feedback for the draft RFP. She
informed the Board that the state permitting process was complicated, expensive and time
consuming and estimated the costs to be $25,000 to $35,000 for a new permit or $20,000
for a modified permit. Ms. Tate noted the state was unwilling to set a timeframe because
the information required for a permit was dependent upon information from other state
agencies, i.e., a traffic study from the Dept. of Transportation as well as an erosion and
sedimentation control study. In addition, the project would require local ordinance
approval through a special use permit. The special use permit dictated a site plan,
topography, buildings, buffers and other features to which would have to be created by an
engineer. She further noted the most important piece would be an updated operations plan
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to outline the facility’s daily operations; the companies responding to the RFP would use
the operations plan to submit its proposal.
Commissioner Puryear asked Ms. Tate if any county personnel were proposed to
run the transfer station to which she stated there were no county employees included in the
RFP noting there would be a need for county staff to be a source of answers for questions.
She indicated she wrote the draft RFP for an opportunity for a business to operate the daily
business of the transfer station.
While Commissioner Jeffers stated he had no issue with the additional expense to
determine if the old landfill was a viable site for a transfer station, Commissioner Puryear
disagreed calling the proposed transfer station catastrophic and detrimental to the county’s
finances noting a tax increase would be inevitable with the cost of operating a transfer
station would be passed on to the consumers. Commissioner Jeffers advocated for the
Board to consider its options to handle Person County’s trash only and not take in trash
from 60 miles and beyond. Commissioner Puryear stated he has requested the Economic
Development Director to conduct a solid waste survey for input from the County’s
corporate citizens.
Vice Chairman Powell stated his desire to have more information for an informed
decision but noted his opposition to spending funds without any guaranteed results as it
had not been determined that the Board would choose the transfer station option in the end.
Ms. York stated issuing a RFP was not the appropriate vehicle to gather further
information noting other communities have employed a consultant to perform studies to
gather needed information. Ms. Tate added the consultant used by Person County had
completed a comprehensive study noting all the options available to Person County. Ms.
York asked County Attorney, Ron Aycock to address a third option by the Board, in
addition to the first option to continue the contract and keep the landfill open, and second
option to solicit a company to operate a county transfer station at the old landfill site, which
was to do nothing.
Mr. Aycock stated that legislation passed by the General Assembly, currently
pending before the Governor shall prohibit counties or cities from directing the flow of
waste. Mr. Aycock noted the current law allows counties to dictate that all waste in the
county must be delivered to a set place. He noted he would have to research if this applied
to cities as well. Mr. Aycock said the new proposed law does not allow counties to direct
the flow of waste noting it could go to any licensed, permitted waste facility. He added
that if the Governor vetoes, it could very well be overridden as most of his vetoes have
been overridden.
Mr. Aycock referenced a law that a county ought to provide for a way to dispose of
solid waste within its county; he emphasized the words “ought to” and not the word “shall”
noting there were no sanctions in the current law. He added that counties ought to take
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into consideration the health and environmental considerations in doing so. Mr. Aycock
stated the Board has an option to do nothing, and to neither have a transfer station nor a
landfill within the county, to in effect, give the City of Roxboro and the private haulers the
opportunity to find a place to dispose of the waste they pick up. Mr. Aycock warned that
the do nothing option may enable illegal dumping or even environmental problems.
A motion was made by Commissioner Clayton and failed 2-3 to proceed with the
permitting process. Commissioners Clayton and Jeffers voted in favor of the motion.
Chairman Kendrick, Vice Chairman Powell and Commissioner Puryear voted in
opposition to the motion.
CHAIRMAN’S REPORT:
Chairman Kendrick thanked the group for accommodating his needs to join the
meeting via conference call as he was currently in Anderson, South Carolina helping with
hurricane restorations. Chairman Kendrick left the meeting at 8:17pm following his report.
MANAGER’S REPORT:
County Manager, Heidi York reported a Substance Abuse Summit would be held
on September 13, 2017 at the Kirby Upstairs from 11:00am to noon with lunch provided.
She added that the Good Morning Coffee Hour would also be focusing on substance abuse
held the same date at 8:00am at the Golden Corral, with an additional training being offered
in between the two events.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported the Environmental Committee recently met. He
added the Helena School Environmental Club, along with a group of volunteers was
planning a Farm to Fork style dinner on September 25, 2017 to be held at Helena
Elementary School at a cost of $25 each, with the menu created by executive chef, Kyle
Wilkerson of The Heirloom, a Poppa Paul Kitchen. Tickets can be purchased from Helena
School or the Farm to Home Market at Hall’s Way.
Commissioner Jeffers stated in May of this year, Helena was awarded a grant from
the NC Green Power, a Raleigh based non-profit, focusing on improving NC’s
environment by supporting renewable energy. The grant requires matching funds from the
school and will provide up to $10,000 toward solar panel array that can produce enough
energy to power at least five classrooms as well as be used for instructional purposes.
Commissioner Jeffers said that on September 14, 2017 at 2:00pm the Semora Fire
Department will be holding a fire engine dedication.
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Commissioner Clayton commented his desire of the Patriot Day event be continued
each year. He also reported the Kerr Tar Council of Government (COG) will be holding
its Awards Banquet on September 28, 2017 at the Vance Granville Community College to
which he will be holding the office of Vice Chair. Commissioner Clayton stated the COG,
as a regional organization, assists with work force development, housing rehabilitation,
senior center and other programming.
Commissioner Puryear reported he attended the expansion ceremony for the work
force development with the COG in Granville County. He added that the Person County
Museum of History will be holding a 225th Anniversary celebration of Person County on
September 29, 2017 and encouraged anyone interested to contact the museum for tickets.
Vice Chairman Powell stated the Patriot Day event was quite moving and was well
spoken and well attended carrying on the history to never forget. He said he also attended
the work force development meeting that Commissioner Puryear spoke of noting they are
an organization that offers many resources to businesses and industries.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 8:24pm.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman