BOC Minutes March 20 2017approve
March 20, 2017
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PERSON COUNTY BOARD OF COMMISSIONERS MARCH 20, 2017
MEMBERS PRESENT OTHERS PRESENT
Tracey L. Kendrick Heidi York, County Manager
Gordon Powell
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, March 20, 2017 at 9:00am in the Person County Office
Building Auditorium.
Chairman Kendrick called the meeting to order. Vice Chairman Powell gave an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
agenda.
RECOGNITION OF LOCAL GOVERNMENT DAY:
Chairman Kendrick welcomed the Person High School students enrolled in civics
and economics participating in Local Government Day to observe the Board of County
Commissioners in session. Chairman Kendrick, Vice Chairman Powell and
Commissioners Clayton, Jeffers and Puryear proceeded to introduce themselves and shared
general information about the office of a commissioner and general government. County
Manager, Heidi York and Clerk to the Board, Brenda Reaves also introduced themselves.
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RECOGNITION:
RESOLUTION OF APPRECIATION:
Chairman Kendrick read and presented a Resolution of Appreciation to Person
County Retiree, Linwood Kelly Tuck.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Granville County Commissioner, Zelodis Jay of 8009 Highway 96, Oxford stated
as he resides in Oxford, he attends church in Person County at Vernon Hill Church located
at 80 Vernon Hill Church Road. Commissioner Jay noted that a change in the church’s
address by the US Postal Office from Roxboro to Oxford has caused confusion when
emergency services are dispatched to Vernon Hill Church. Commissioner Jay asked that
it be noted in the 911 system in Person County that when an emergency call is received
that as the church’s address is Oxford that the physical location is in Person County. On
another topic, Commissioner Jay stated he serves on the Granville County Solid Waste
Committee and noted that Granville County was still open to the possibility of taking
Person County’s waste.
Ms. Susan Naylor of 481 Valhalla Drive, Timberlake stated her passion as a
volunteer at the Senior Center noting she had an opportunity to tour the new facility for the
Senior Center and wanted to thank the Board of Commissioners for providing such a great
facility for the seniors. She also asked the Board not cut any local funding for senior center
services.
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 March 6, 2017,
B. Budget Amendment #16,
C. Tax Adjustments for the month of March 2017
a. March 2017 Tax Releases, and
b. March 2017 NC Vehicle Tax System pending refunds
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NEW BUSINESS:
REQUEST BY DAVID WINSTEAD FOR A RESOLUTION OF SUPPORT TO
DEDICATE A PORTION OF A ROAD IN PERSON COUNTY TO
COMMEMORATE THE SERVICE OF WORLD WAR I VETERAN, FIRST
LIEUTENANT GUY J. WINSTEAD:
Vice Chairman Powell told the Board the Winstead family has requested the
Board’s unanimous support to dedicate a section of a Person County roadway in honor of
a World War I veteran. Vice Chairman Powell introduced Mr. David Winstead to address
the Board with his request.
Mr. David Winstead asked for Board consideration to acknowledge and request
support for a resolution to honor his uncle, First Lieutenant Guy Jennings Winstead by
dedicating a section of NC Highway 57 roadway in the Longs Store Road vicinity. Mr.
Winstead stated his uncle graduated from NC State University and then enlisted in the US
Army to which he paid the ultimate sacrifice. Mr. Winstead stated his uncle was awarded
the Distinguished Service Cross.
A motion was made by Commissioner Clayton and carried 5-0 to support the
request for a resolution of support to dedicate a portion of NC Highway 57 in Person
County to commemorate the service of World War I Veteran, First Lieutenant Guy J.
Winstead.
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APPROVAL OF FEE FOR THE DIABETES PREVENTION PROGRAM:
In accordance with the North Carolina General Statute 130A-39(g), the Board of
Health may establish new fees with the approval of the Board of Commissioners.
Health Director, Janet Clayton appeared before the Board to seek approval by the
Board of Commissioners for a fee for the Diabetes Prevention Program (DPP). The DPP
is an evidence-based intervention designed to help people with pre-diabetes avoid
developing type 2 diabetes. It is a nationally recognized program through the Centers for
Disease Control. Program participants meet in groups with a trained Lifestyle Coach for
an hour per week for 16 weeks and once a month for the remaining 6-8 months of the
program. The program focuses on helping participants identify and overcome barriers to
making sustainable lifestyle changes. Emphasis is put on weight loss and healthy weight
maintenance, healthy eating, and physical activity. Other areas are addressed during the
maintenance sessions in the last months of the program. Person County Health Department
is part of a multi-county regional collaborative that is working to offer the DPP across the
region and state of North Carolina. Ms. Clayton stated diabetes is the fifth leading cause
of death in Person County. Even though funding through the collaborative is supporting
local programs, organizations offering the DPP are required to charge a $25 participant
fee.
Ms. Clayton stated the Person County Board of Health approved the proposed new
fee on February 27, 2017, and requested the Board of County Commissioners to approve
the proposed DPP participant fee of $25.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
participant fee for the Diabetes Prevention Program of $25.
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PERSON COUNTY INDUSTRIAL SITE WATER AND SEWER
CERTIFICATION:
Economic Development Director, Stuart Gilbert stated that on December 5, 2016,
the Person County Board of Commissioners, by consensus in executive session, noted
support to proceed with the engineering for water and sewer lines to a large Person County
site for new jobs and investments.
Mr. Gilbert noted that Person County currently has no state-certified, or “shovel
ready” sites for competing with other counties in the Research Triangle Regional
Partnership Region. The objective of this water and sewer engineering project is to provide
Person County with a certified large business site or mega park.
The Person County Business & Industrial Center, Inc. (PCBIC) board of directors
has been working for the last three and one-half years on some exciting economic
development opportunities for Person County that would lead to substantial new high paid
jobs in the county. The PCBIC board of directors has had over the last four years, four
different members of the county board of commissioners sitting on the PCBIC board of
directors.
Mr. Gilbert noted the primary consultant engineers for this project have been the
Timmons Group with Engineering Consulting Services (ECS), the primary environmental
engineers for this large Person County Industrial Site. LJB Inc. is the transportation team
lead.
Mr. Gilbert recognized the additional partners that have contributed and have
provided financial support in the form of time and/or resources to this project include but
are not limited to the following: Duke Energy, Piedmont Electric Cooperative, PSNC
Energy, Williams Mullen, J.E. Dunn, Research Triangle Regional Partnership, Piedmont
Triad Partnership, The A&T and UNC-G Joint School of Nanoscience and
Nanotechnology, North Carolina Center of Innovation, McCallum Sweeney of Greensville,
SC, and CH2M from Portland, Oregon.
In addition, Mr. Gilbert stated PCBIC has worked closely with the EDPNC, Office
of the Governor of the State of North Carolina, North Carolina Department of Commerce,
the State of North Carolina Department of Transportation, Army Corps of Engineers, State
of North Carolina Department of Environmental Quality, and Golden Leaf Foundation on
this project.
In the last two months, the City of Roxboro has partnered with the county to issue
a Request for Qualifications (RFQ) for the extension of water and sewer services from both
the water and sewer treatment plants to the Person County Industrial Site at a distance of
approximately 1.6 miles for water and 3.1 miles for sewer. Person County General
Services Director, Ray Foushee worked with the City of Roxboro to conduct interviews of
firms and select the top choice.
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Mr. Gilbert stated the top candidate for this engineering project was LaBella
Associates, PC of Charlotte, NC. Mr. Gilbert presented a contract which allows Person
County to make modifications to the contract for additional work, if so desired, for an
additional addendum amount of $25,000.00. By signing the contract, Person County would
only be committing to the $250,000 payment unless Person County specifically requested
to add additional services beyond the scope of the proposal, such as the items mentioned
in Task 700.
Mr. Gilbert requested the Board of Commissioners to authorize the execution of the
contract with LaBella Associates, PC in the amount of $250,000 for the design of water
and sewer lines for Person County’s industrial site certification with funding from the
County’s Fund Balance.
Commissioner Puryear asked Mr. Gilbert if an option agreement for the site
currently existed to which Mr. Gilbert stated PCBIC was the holder of such option
agreement. Commissioner Puryear asked Mr. Gilbert if the option agreement was recorded
to which Mr. Gilbert replied the Memorandum of Agreement was recorded but not the
actual option. Commissioner Puryear confirmed that the document that states the terms
and conditions was not recorded to which Mr. Gilbert replied affirmatively noting the
option discussed was between a private party and PCBIC, a nonprofit entity. Mr. Gilbert
stated that if an option was longer than three years, by real estate law in North Carolina,
such items are to be recorded however, and the option between the private party and PCBIC
was for two years.
Commissioner Puryear asked Mr. Gilbert to enlighten the public as to the terms and
conditions of the option to which Mr. Gilbert stated he could not state in public, at this
time.
Commissioner Puryear asked Mr. Gilbert to enlighten the public as to the amount
of money that has been spent from PCBIC only on the project noting those funds were
taxpayer dollars from the Force Protection claw back in 2009. Mr. Gilbert stated the total
amount expensed by PCBIC on the project was $256,285.70.
Commissioner Puryear stated he knew the terms and conditions of the option and
he asked the County Manager if he, as a commissioner, provided such to the public, what
would be the consequences. County Manager, Heidi York stated that because the
information was not public information, such action could be considered an ethics violation
for disclosure as well as an option for public censure from fellow board of commissioners.
Commissioner Puryear stated his view of the project as wasteful and did not like that there
was one document recorded without details and another document that was secret that
contained the terms and conditions of the option.
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A motion was made by Commissioner Puryear to deny the approval of the contract
with LaBella Associates, PC in the amount of $250,000 for the design of water and sewer
lines for Person County’s industrial site certification and to refer back to PCBIC.
Commissioner Jeffers asked Ms. York what control the Board of Commissioners
has over PCBIC to which she replied that the Board of Commissioners make the
appointments to the Economic Development Commission (EDC), who the same members,
in turn, serves as the PCBIC. Commissioner Jeffers asked if the request for approval of
the contract with LaBella Associates, PC in the amount of $250,000 for the design of water
and sewer lines for Person County’s industrial site certification was from the EDC or
PCBIC to which Ms. York replied PCBIC.
Commissioner Jeffers stated if those terms and conditions, as previously noted by
Commissioner Puryear that he knows, and which that he, himself did not know as he has
not served on the EDC was released to the public, he would make a motion for censure.
Commissioner Puryear passed a document to Commissioner Jeffers that contained the
option terms and conditions to which Commissioner Jeffers declined to view as it was not
public information. Commissioner Jeffers stated confidence of those appointed to serve
on the EDC/PCBIC. Commissioner Puryear stated any commissioner was allowed to
attend the meetings and be privy to the information; staff confirmed that a public notice
has been issued for the Board of Commissioners to have more than three attend the
EDC/PCBIC meetings.
Mr. Kenneth Perry, Chairman of the EDC and PCBIC President addressed
Commissioner Puryear’s comments. He told the group that PCBIC, the nonprofit arm of
county government, and the commissioners has open business with nothing that was secret.
He continued to state that there were laws in place that mandated records to be sealed until
such time that it no longer frustrated the purpose; after that specified time period, the
records were open for the public. Mr. Perry noted that PCBIC can do things without coming
to the Board of Commissioners, but as the PCBIC President, that was not the direction to
which he has led the board; PCBIC does what the commissioners tell and ask them to be
done. Mr. Perry compared the monies spent for the site development was no more or less
than any other private entity would do when they are developing land. Mr. Perry further
noted that Person County does not own any land or a spec building for economic
recruitment efforts to bring new business to the county. Mr. Perry said that when the
opportunity for the industrial park came about, the EDC/PCBIC reviewed thoroughly the
aspect of the land for due diligence with each step being briefed to the Board of
Commissioners.
Commissioner Jeffers noted each of the commissioners have campaigned on jobs
and while no political figure can bring jobs, he advocated for a position to be ready.
Commissioner Jeffers further noted his understanding that the mega site could bring a
project up to $1B investment with 800 to 1,000 jobs which would be huge for Person
County.
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Commissioner Puryear stated his opinion for the project to be successful was in
dreamland and that the only jobs were remnants of Mr. Jim Stovall when he was involved
with economic development, and not with the current Economic Development Director nor
success with the current EDC.
A substitute motion was made by Chairman Kendrick and carried 4-1 to allow
PCBIC to move forward and spend from its fund the $250,000, and at the point the site
was certified, Person County would reimburse PCBIC an amount agreeable with the county
commissioners, and at the point that PCBIC gets a business or industry to sign the
paperwork to move in, another reimbursement to PCBIC for an additional amount, with
both reimbursements to be funded from the county’s sewer fund that the City shares with
the County for the extension of sewers. Commissioner Puryear cast the lone dissenting
vote.
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WIRELESS BROADBAND CONTRACT:
Assistant County Manager, Sybil Tate reminded the Board that on August 25, 2016,
Person County released an RFP asking vendors to submit proposals to provide broadband
service to unserved areas of the county, economic corridors, and install fiber to government
facilities. In February 2017, the Board took action to move forward with a wireless provider
to begin serving the unserved areas of the county and to construct fiber to public facilities.
Ms. Tate introduced Mr. Joe Freddoso, Chief Operating Officer of Mighty River,
LLC to present the wireless broadband contract highlights.
Mr. Freddoso highlighted the following provisions included in the wireless
broadband contract:
The wireless broadband provider has requested a grant of $256,898 to provide
service to the unserved areas. The vendor will match these funds with $291,898 of
investment in the wireless network.
The grant funds will be spent over 4 years.
Vendor will provide service to at least 475 customers in the unserved area;
customers beyond the reach of the initial network may receive service based on
demand.
Vendor commits to providing service to the unserved areas of the county for at least
another 4 years beyond the end of the contract (8 years total service).
Minimum service speed is 3/1Mbps (compatible for single use streaming), with
25/3Mbps (multiple users) packages available.
Low-income service package will be available; DSS will provide and maintain list
of eligible citizens; standard rates to apply for customers not deemed low-income.
Each household will pay an installation fee of $49 plus an equipment fee of $9.95.
After the initial 4 years, the county may charge a tower rental fee based on the
vendor’s revenues.
Vendor will provide progress reports to the Board of Commissioners.
Vendor will start the scope of work along the two state and two county-owned
towers immediately.
Vendor will provide a free hot spot within the center city area.
The data availability will not have a cap.
Vendor will pay $300 per mile per year in maintenance fees to the county;
approximately $15,000 in revenue.
Commissioner Clayton asked Mr. Freddoso to check into the option for state towers
to transfer to the county to help with the lack of cell service coverage.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
wireless broadband contract as presented.
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By reference, the RFP Response from NCW (Exhibit D) is hereby incorporated into
the minutes and filed in the Office of the Clerk to the Board of Commissioners.
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RESOLUTION PROVIDING FOR THE ISSUANCE OF A $2,285,000 GENERAL
OBLIGATION RECREATION FACILITIES BOND, SERIES 2017:
Finance Director, Amy Wehrenberg requested Board action to approve a
Resolution providing for the Issuance of a $2,285,000 General Obligation Recreation
Facilities Bond, Series 2017. The Resolution set forth was summarized as follows:
The purpose of the Resolution is to provide for the issuance of a single bond for
$2,285,000 designated “General Obligation Recreation Facilities Bond, Series 2017” for
providing additional recreation facilities for the County (acquisition and improvements of
Person County Senior Center). The Resolution includes details of the Bond and designates
certain parties to carry out the requirements as established. The Purchaser of the Bond is
Carter Bank & Trust who submitted the most competitive bid for a 15 year term bearing
an interest rate of 2.59%. Total interest over the terms of the agreement is $465,397.65.
Part of the Resolution is requesting that the Local Government Commission sell the Bond
at a private sale without advertisement, and in accordance with the proposal submitted by
Carter Bank & Trust. Further designations of authority are listed with the purpose of
completing all required provisions of the Bond under the associated terms and covenants
that are a part of the Resolution.
Commissioner Jeffers noted his support of the Senior Center however stated his
disappointment that the general obligation recreation facilities bond, which was passed by
voters on the ballot in 2008 for a Recreation and Senior Center did not include any
recreational amenities.
A motion was made by Commissioner Clayton and carried 5-0 to approve a
Resolution providing for the Issuance of a $2,285,000 General Obligation Recreation
Facilities Bond, Series 2017.
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CHAIRMAN’S REPORT:
Chairman Kendrick extended gratitude to the services by the Sheriff’s deputies and
Emergency Services personnel on behalf of Richard Boyd related to the death of his father,
Lieutenant Colonel James C. Boyd.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Powell reported that he would be attending the Research Triangle
Regional Partnership executive board meeting in Cary to which he was looking forward to
with many good things from economic development in Person County.
Commissioner Puryear had no report.
Commissioner Clayton offered the group’s condolences to Commissioner Jeffers
in the loss of his grandfather. Commissioner Clayton thanked Granville County
Commissioner for attending the Person County Board of Commissioners’ meeting.
Commissioner Clayton reported an update from the Upper Neuse Riven Basin Association
that works closely with the stormwater and watershed provisions that a request has been
made to legislators for the implementation effective dates of Phase I and Phase II be pushed
back from 2018 to 2026 and 2031 respectfully to coincide with the rules compliance dates
that have been delayed.
Commissioner Jeffers noted his appreciation for the county emergency services and
the City of Roxboro’s fire department and first responders as well as all acts of kindness
his family has received during the passing of his grandfather. Commissioner Jeffers
reported that the Person County Cooperative Extension Advisory Board was looking for
interested citizens to serve and if anyone was interested to contact him or Paul Westfall.
MANAGER’S REPORT:
County Manager, Heidi York reported her negotiations with the City Manager
related to the tower at the 911 center noting the City will be offering the County a proposal
for partnership. She said she would be letting the City know that one of the concessions in
the wireless broadband contract will be a wireless hot spot for the Uptown area.
Commissioner Jeffers added that the Fire Chiefs have asked about getting the radio
equipment to which he told them that it was waiting on the City tower upgrades. Ms. York
noted that she and the City Manager have discussed that the County would assist with the
up fit of the tower and buy the radios in one financing package.
Commissioner Jeffers commented that he received the invitation for the roadway
dedication for the Jesse Lunsford Highway and asked staff to look into a roadway
dedication for the new road named Jim Thorpe Highway in honor of the pro golfer from
Person County, Jim Thorpe.
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Chairman Kendrick thanked the students attending the meeting offered for them to
talk with the commissioners following the meeting.
ADJOURNMENT:
A motion was made by Commissioner Jeffers and carried 5-0 to adjourn the
meeting at 10:04am.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman