BOC Minutes March 6 2017approve
March 6, 2017
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PERSON COUNTY BOARD OF COMMISSIONERS MARCH 6, 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, March 6, 2017 at 7:00pm in the Commissioners’ meeting room
in the Person County Office Building.
Chairman Kendrick called the meeting to order. Commissioner Clayton gave an
invocation and Commissioner Jeffers led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Kendrick requested Board consideration to add a Closed Session to the
agenda.
A motion was made by Commissioner Puryear and carried 5-0 to add a Closed
Session per General Statute 143-318.11(a)(3) for the purpose to consult with the county
attorney to the agenda.
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
agenda as adjusted.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Jonathan Newton of 27 Water Front Lane, Timberlake represented a group of
interested citizens opposing activities by a model airplane club at the property known as
the Whitfield Farm Airport located on Whitmore Road. Mr. Newton gave the Board a
handout that contained illustrated photos of the size and caliber of the remote airplanes that
cause a safety hazard and a nuisance to the surrounding neighbors. Mr. Newton noted area
residents have complained through the Planning Department of excessive noise and
traffic. A letter of violation of the Zoning Ordinance was issued based upon these
complaints stating that for such a club to operate, a conditional use permit must be
sought. This would require an application and a review before the Board of
Adjustment. The landowner was notified to cease operations and apply for a permit for
future use. Mr. Newton stated affirmation of the county’s position to cease operations and
requested the Board to stand by this decision.
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Mr. Bill Moore of 667 Whitmore Road, Hurdle Mills shared his disapproval and
concerns related to the remote aircraft club’s activity in close proximity to his home. He
stated issue with his resale value for his property should this activity continue.
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont spoke in support of the Board’s
proposed tax increase to increase funding for emergency services noting local first
responders had saved her life. On another topic, Ms. Blalock explained the Schedule B
formula for the landfill average daily tonnage was based on a five-day work week for the
365 days per year and not based on 365-days per year as the current formula. She added
that the contract explicitly prohibits waste to be added to the landfill from either the City
of Raleigh or the City of Durham. Ms. Blalock said that the Schedule A never materialized
and does not exist today as it was intended for an agreement between Person County and
the City of Roxboro.
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 February 21, 2017, and
B. Budget Amendment 15
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UNFINISHED BUSINESS:
ACTION TO GRANT OR DENY REQUEST TO ADD A NEW ROADWAY NAME
TO E-911 DATABASE:
GIS Manager, Sallie Vaughn stated this was a follow up on a discussion from the
Board’s February 21, 2017 meeting concerning adding a new roadway name. Ms. Vaughn
noted two private residences are located on a private driveway which is accessible off Gray
Rd in Orange County. Ms. Vaughn reiterated that both addresses for these homes are out
of compliance with the Person County Address Ordinance which may jeopardize public
health, safety, and general welfare. Future development along the driveway will necessitate
the addition of a new roadway name.
In response to questions the Board raised on February 21, 2017 Ms. Vaughn told the
Board that the cost estimate for conversion package ranged from $80-$100K noting
however that this conversion package does not cover address notes. It was Ms. Vaughn’s
understanding that new address notes can be entered. She confirmed that the Address
Coordinators in Orange County have been involved in this process.
Ms. Vaughn noted that the residents along the proposed roadway have indicated that
they would prefer one of the following names be used if a new roadway name was approved
to be added to the E-911 database: Brewer Lane, Cedar Ridge Lane and Gray Farm Lane.
Chairman Kendrick asked Ms. Vaughn if the county could issue a waiver for the
residents to sign not holding the county liable for delay of services if the addresses were
not changed as proposed by the Addressing Coordinator. Ms. Vaughn stated this was not
her recommended approach but it was a direction the county could take to resolve.
Ms. Susan Tezai of 5214 Gray Road addressed the Board noting that in her follow
up with the GIS Manager, Ms. Vaughn, she was told that the capability of having notes in
the new system was a standard functionality. Therefore, notes can be inputted into the new
system. There would be no “conversion” of the current notes in the current system at the
time of conversion and implementation of the new system. With that being said, Ms. Tezai
noted the additional information for their address on Gray Road could be entered and
retained in the new system and at no additional cost.
Ms. Tezai also learned from Ms. Vaughn that the past two 911 calls for emergency
assistance for her home went directly to Person County rather than going directly to Orange
County and being “re-routed” to Person County. She stated this seems to be a non-issue
as well noting it was their understanding at the previous commissioners’ meeting that this
could not happen until the roadway name and addresses were changed.
Ms. Tezai pointed out that if Orange County can give such approval/authorization
to Person County, then, would not an interlocal agreement, memorandum of understanding
(MOU) or some type of other official agreement be needed to be executed and approved
between both entities.
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Ms. Tezai asked if a note for her address and Ms. Theresa Brewer’s address could
be maintained in the system as done currently to utilize the Gray Road entrance. She also
inquired that the need to rename their driveway and changing the addresses was no longer
necessary or warranted. In addition, from a legal standpoint, Ms. Tezai believed there
appeared to continue to be issues regarding the process taking place and whether the proper
legal requirements have occurred in preparation of naming the shared driveway a new road
and changing the addresses with both Person and Orange Counties.
Ms. Tezai added that Article IV, Section 402 H of the Person County Ordinance
Regulating Addressing and Road Naming in Person County reads as follows:
“Private streets, shall be required to be named and structures addresses off of when they
meet the minimum standard of serving at least three (3) households and having a length of
200ft or greater.”
She noted their understanding of the section above is that there are at least three
(3) households and a length of 200ft or greater. As stated in last month’s meeting, there
are only two (2) households not three. Therefore, both requirements have not been met.
Lastly, Ms. Tezai questioned why Person County did not use a five-mile buffer to
view roads outside the boundary of the edge of the county that would allow dispatchers to
see the end of her driveway.
A motion was made by Chairman Kendrick to direct the County Manager to discuss
with the current residents to sign a letter of waiver to hold harmless the county liable for
delay in services. Chairman Kendrick later rescinded his motion after Ms. Susan Tezai
verbally stated she nor her husband would sign such a waiver. Ms. Tezai noted her
expectation that the delivery of services to her home should be maintained and reasonable
and she would not be signing a waiver.
Ms. Theresa Brewer of 327 Al Gray Road urged the Board to allow a note be put
into the system and to keep the process the same without the residents having to change
the roadway name and change their addresses.
Commissioner Jeffers asked if any mutual aid agreements were in place to assist in
response time for this area. Operations Manager for E-911, Brett Wrenn and the Hurdle
Mills Fire Chief, Martin Rimmer were both available to outline the response in this area by
Caldwell, Bahama, Timberlake and Cedar Grove before Hurdle Mills would be notified.
A motion was made by Commissioner Puryear and carried 5-0 to instruct the
County Manager to contact Orange County staff to begin the process for a Memorandum
of Understanding and to deny the request for a roadway name change.
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NEW BUSINESS:
LEASE AND OPERATING AGREEMENT FOR THE NEW PERSON COUNTY
SENIOR CENTER:
County Manager, Heidi York presented to the Board for input and direction two
versions of a 20-year lease and operating agreement for the new Person County Senior
Center. Ms. York noted that county staff drafted a simple lease and operating agreement
for the future Senior Center. The intention of the agreement was to formalize the
responsibilities of the County; the Region K Community Assistance Corporation (nonprofit
of the Kerr Tar Council of Governments); the Person County Senior Center; and the City
of Roxboro for each entity’s partnership in the operations of the Person County Senior
Center.
Ms. York said the County, the owner of the property, would take care of the
structure, the exterior of the building and any HVAC issues as well as maintenance for any
broken glass. A nominal $1 fee would be charged for the rental term. Ms. York explained
the Senior Center/nonprofit would be responsible for all interior, all operating needs
including utilities, phones, internet, and security. Ms. York stated the City of Roxboro was
considering partnership in aiding with the landscaping and parking lot needs. Ms. York
highlighted Appendix A attached to the county’s version of the lease that contained all the
inventory of equipment and furnishings provided with the facility.
Ms. York stated that the Council of Government (COG) staff provided a new
version of a lease and operating agreement in response to the County’s document that
covered far more detail as prepared by Mr. Jim Wrenn, attorney for the COG. Ms. York
highlighted the main differences between the two documents were:
The county’s version required 90 days’ notice to terminate while in the COG’s
version, Section 3 has language to allow termination if funds are not adequate to operate a
Senior Center a 60-day notice will be given and if determination that the Tenant will no
longer operate a Senior Center, notice of 180 days will be given.
Other notable differences, Ms. York presented was a change in the format to allow
the agreement with the City of Roxboro to be by and between the County and the City or
the COG and the City. Exhibit C was an additional separate agreement with the City of
Roxboro in the COG’s lease.
Ms. York noted Section 19 of the COG lease would allow for a separate agreement
for the County to utilize any shared facility space during the off-hours of the Senior Center
as previously discussed by Ms. Maynell Harper and the Recreation Department.
Ms. York further noted that pretty much all content in the shorter county version
was included in the longer COG version of the lease.
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Ms. York explained the operation of the fitness facility and proposed a card access
installation for county employees that sign the waiver of liability and paid an annual
maintenance fee to enter the fitness area using their employee badge. The Senior Center
would only allow its users to enter through their main entrance and the interior of the
building.
Ms. York reminded the Board that the lease agreement would need to be approved
by each governing board.
Ms. York stated that due to an installation of a fire and sprinkler system, the
estimated date for availability for the Senior Center to relocate into the new facility was
mid-April.
County Attorney, Ron Aycock noted that Section 8 could be deleted or modified as
it was not applicable to the county’s situation since the county would be financing with a
general obligation bond and there would be no encumbrances or mortgage on the property.
Chairman Kendrick stated no opposition to changing the 90-day notice to 60-day
notice for termination but wanted more information related to funds availability option to
terminate. Area Director for the COG, Diane Cox spoke to the funding availability clause
noting if funding was cut by federal, state and local governments that impacted their ability
to operate the senior programming, notice would be given to the county. She said they keep
60 to 90 days of reserve. Chairman Kendrick stated the 60-day notice would be sufficient
and item iii under Section 3 could be deleted.
A motion was made by Commissioner Jeffers and carried 5-0 to accept the
proposed lease agreement prepared by the COG staff with the amendments noted by the
Board to delete item iii under Section 3, have the COG and the City of Roxboro work
though a separate agreement and to instruct the County Manager to modify the language
in Section 8 to state the County’s right to lease without encumbrances.
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CHAIRMAN’S REPORT:
Chairman Kendrick had no report.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported that he, the County Manager and the Department of
Social Services Director and staff attended a Medicaid workshop in Raleigh in which
Person County represented on a panel noting interested individuals could view by going to
YouTube.
Commissioner Clayton reported that there was a proposal to repeal the current
regulations on public waters. Commissioner Clayton also reported that the Orange-Person-
Chatham mental health authority would be consolidating with Alamance-Caswell which
would be helpful with drug programs such as Stepping Up Program to implement low cost
programs that have been tried and tested already.
Commissioner Puryear commended the efforts of the Small Business Expo and the
T.G. Brooks community stew.
Vice Chairman Powell had no report.
CLOSED SESSION #1:
A motion was made by Vice Chairman Powell and carried 5-0 to enter into Closed
Session per General Statute 143-318.11(a)(3) at 7:58pm for the purpose to consult with the
county attorney in order to preserve the attorney-client privilege and to permit the
following individuals to attend: County Attorney, Ron Aycock, County Manager, Heidi
York, and Clerk to the Board, Brenda Reaves.
County Manager, Heidi York introduced to the Board the new editor with the
Courier-Times, Mr. Johnny Whitfield.
Chairman Kendrick called the Closed Session to order at 8:04pm.
A motion was made by Vice Chairman Powell and carried 5-0 to return to open
session at 8:06pm.
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ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 8:07pm.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman