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BOC Minutes January 4 2016 January 4, 2016 1 PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 4, 2016 MEMBERS PRESENT OTHERS PRESENT David Newell, Sr. Heidi York, County Manager Tracey L. Kendrick 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 special session on Monday, January 4, 2016 at 6:30pm in the Commissioners’ meeting room in the Person County Office Building. The purpose of the meeting was to enter Closed Session for the purpose of considering appointment of individuals through an informal interview process with applicants of competitive committee, boards, and commissions per General Statute 143-318.11(a)(6) as well as take action for appointment to such boards and committees. Chairman Newell called the special called meeting to order. CLOSED SESSION #1 A motion was made by Commissioner Puryear and carried 5-0 to enter Closed Session at 6:30pm for the purpose of considering appointment of individuals through an informal interview process with applicants of boards and committees per General Statutes 143-318.11(a)(6). A motion was made by Vice Chairman Kendrick and carried 5-0 to return to open session at 6:55pm. CLOSED SESSION #2 A motion was made by Commissioner Jeffers and carried 5-0 to enter Closed Session at 6:56pm for the purpose of considering appointment of individuals through an informal interview process with applicants of boards and committees per General Statutes 143-318.11(a)(6). A motion was made by Vice Chairman Kendrick and carried 5-0 to return to open session at 7:01pm. January 4, 2016 2 The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, January 4, 2016 in the Commissioners’ meeting room in the Person County Office Building. Chairman Newell called the meeting to order at 7:04pm. Vice Chairman Kendrick gave an invocation and Commissioner Jeffers led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to add an item to the agenda for an appointment to the Tourism Development Authority and to approve the agenda as adjusted. PUBLIC HEARING CONSIDERATION OF WHETHER TO FINANCE A PORTION OF THE COST OF CERTAIN IMPROVEMENTS TO COUNTY AND SCHOOL FACILITIES AND WHETHER TO ACQUIRE CERTAIN PROPERTY AND MAKING OF RELATED DETERMINATIONS: A motion was made by Commissioner Jeffers and carried 5-0 to open the duly advertised public hearing for consideration of whether to finance a portion of the cost of certain improvements to county and school facilities and whether to acquire certain property and making of related determinations. The notice of this public hearing was published in The Courier-Times not less than 10 days before the date of this public hearing. Finance Director, Amy Wehrenberg announced that the purpose of the public hearing was for Board consideration of (a) whether the Board of Commissioners for the County (the “Board of Commissioners”) should approve a proposed 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 $1,884,000, with other available funds, for the construction and other accomplishment of the project hereinafter described (the “Project”) and (b) whether in connection with such proposed agreement the County should acquire from the Person County Board of Education (the “Board of Education”) an interest in the real and personal property included in the North End Elementary School Project hereinafter described, including specifically the site of North End Elementary School and the improvements thereon, for use by the Person County Schools. The County would secure the repayment by it of moneys advanced pursuant to such proposed agreement by granting a security interest in a portion of the Project and certain related property. January 4, 2016 3 Ms. Wehrenberg stated the Project consisted of (a) acquiring and improving land and related facilities known as the Roxplex Property for use as recreational facilities of the County, (b) repairing or replacing the roof on a building that is a part of the Huck Sansbury Recreation Complex of the County, (c) repairing and replacing the roofs on South Elementary School, Woodland Elementary School and Oak Lane Elementary School, (d) replacing the windows at North End Elementary School (the “North End Elementary School Project”) and (e) replacing the chiller equipment at Southern Middle School. Ms. Wehrenberg described the current plan of the County to finance a portion of the cost of the Project and explained that such plan included the sale by the Board of Education to the County of an interest in the real and personal property included in the North End Elementary School Project, including specifically the site of North End Elementary School and the improvements thereon, for use by the Person County Schools. Ms. Wehrenberg presented and described a proposal to finance a portion of the cost of the Project that the County had received from Branch Banking and Trust Company (the “Bank”) in response to the County’s request for such a proposal (the “RFP”), which RFP it had sent to a number of financial institutions and also was presented by the Finance Director of the County. Such proposal (the “Proposal”) appeared to be the most appropriate of the proposals received by the County to meet its needs under existing circumstances and, together with the RFP, constitutes the proposed agreement that was the subject of the public hearing. Ms. Wehrenberg referenced the bid sheet that was included in the Board’s agenda packet that summarizes the bids noting there were many variables on which to base the comparison; the primary factor was the offered interest rate and legal fees. January 4, 2016 4 The Chairman of the Board of Commissioners then announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on such matters. No one appeared, either in person or by attorney, to be heard on such matters and the Clerk to the Board of Commissioners noted that no written statement relating to such matters had been received. A motion was made by Vice Chairman Kendrick and carried 5-0 to close the public hearing for consideration of whether to finance a portion of the cost of certain improvements to county and school facilities and whether to acquire certain property and making of related determinations. January 4, 2016 5 CONSIDERATION OF WHETHER TO FINANCE A PORTION OF THE COST OF CERTAIN IMPROVEMENTS TO COUNTY AND SCHOOL FACILITIES AND WHETHER TO ACQUIRE CERTAIN PROPERTY AND MAKING OF RELATED DETERMINATIONS: Commissioner Puryear respectively requested Board permission to recuse himself from the vote for Board action related to consideration of whether to finance a portion of the cost of certain improvements to county and school facilities and whether to acquire certain property and making of related determinations and the approval of the lender for such financing due to the recommended lender being his employer. A motion was made by Chairman Newell and carried 4-0 to recuse Commissioner Puryear from the vote for Board action related for consideration of whether to finance a portion of the cost of certain improvements to county and school facilities and whether to acquire certain property and making of related determinations and the approval of the lender for such financing. Chairman Newell requested consideration for a motion to (a) to proceed with the proposed financing of a portion of the cost of the Project and approve on a preliminary basis the Proposal to finance a portion of the cost of the Project in an amount not to exceed $1,884,000 substantially as presented, (b) to authorize the Chairman of the Board of Commissioners and the County Manager and the Finance Director of the County to negotiate further with the approved lender the terms of the Proposal as they consider to be necessary or advisable and (c) to acquire from the Board of Education an interest in the real and personal property included in the North End Elementary School Project, including specifically the site of North End Elementary School and the improvements thereon, for use by the Person County Schools. A motion was made by Commissioner Clayton and carried 4-0 to (a) to proceed with the proposed financing of a portion of the cost of the Project and approve on a preliminary basis the Proposal to finance a portion of the cost of the Project in an amount not to exceed $1,884,000 substantially as presented, (b) to authorize the Chairman of the Board of Commissioners and the County Manager and the Finance Director of the County to negotiate further with the approved lender the terms of the Proposal as they consider to be necessary or advisable and (c) to acquire from the Board of Education an interest in the real and personal property included in the North End Elementary School Project, including specifically the site of North End Elementary School and the improvements thereon, for use by the Person County Schools. January 4, 2016 6 INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont advocated for the care of the citizens related to the environmental impacts of the current landfill. 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 December 7, 2015, B. Budget Amendment #13, C. Rural Design Challenge Grant, and D. Cooperative Extension Grant Applications NEW BUSINESS: ANALYSIS OF TWO WASTE OPTIONS – EXPAND LANDFILL VS. TRANSPORT TO GRANVILLE COUNTY: Former Commissioner Frances Blalock and ex-officio member of the Environmental Issues Advisory Committee provided an analysis of the following two waste options: 1) the effects of expanding the landfill and 2) transport Person County’s waste to Granville County. The analysis presented by Ms. Blalock were focused mostly on human and environmental impacts. Ms. Blalock stated the consequences of renewing the contract with Republic would include increased environmental and human impacts. Ms. Blalock noted if another 30-year franchise was given to Republic, the Board would be signing a death warrant to the Mt. Tirzah community. Ms. Blalock told the group that if the Board moved to expand the landfill, she would encourage people living near the landfill to request the County to perform baseline water testing within a one-mile radius of the landfill. She said any remediation, retesting or treatment of wells that might be needed should be covered by funds the County gets from the landfill operation. Ms. Blalock noted she helped bring a recycling center to Person County and that the County had not educated citizens to the fact that a 90% waste reduction was possible through recycling; the County remains at a 5% reduction level of its waste in recycling. Ms. Blalock urged the Board to take a stand on the issue of recycling. January 4, 2016 7 Ms. Blalock stated that if the County closes the current landfill and transports its waste to Granville County, the negatives of keeping the landfill open would go away; traffic will be reduced, air pollutants will be gone; no more obnoxious odors, vultures or wild animals. Ms. Blalock felt that new convenience centers would not be required with just a drop-off center run by a local carrier or by the County. Regarding the City of Roxboro not having or initiating a recycling program, Ms. Blalock suggested that local carriers be allowed to recycle within the City of Roxboro for those businesses or individuals that desire to recycle. Ms. Blalock stated the reports submitted to the County by Smith&Gardner reeked of bias from landfill proponents with no mention of recycling to meet the state goal of 40%, yet they included fees that look like a tax. Ms. Blalock noted Smith&Gardner’s report showed expenses without any revenues assuming everything will remain the same to which she rebutted. Ms. Blalock explained that the renewal of the contract with Republic did not fit in with some of the goals of the County's Futures Strategic Plan. Ms. Blalock reminded the Board of strategic plan goals to maintain aesthetic quality of the County, promote environmentally, responsible development, and to protect and improve Person County's air, land and water. Ms. Blalock said that because more than 100 citizens wrote the Strategic Plan and they placed value on making sure our land, water and air are not polluted and/or contaminated, the recommendation she presented was to close the landfill and to take the County’s garbage to Granville County. Vice Chairman Kendrick inquired about continuing to take waste at the current landfill but use some or all of the tipping fees to put in a separator that would separate recyclables from trash. Ms. Blalock responded there was many ways to look at it and she asked the Board to take ownership on how to handle the waste of Person County. Ms. Blalock said that a future landfill should only take care of the trash from Person County. UPTOWN DEVELOPMENT REPORT: Uptown Development Director, Lauren Wrenn gave the Board of Commissioners a special year-end report to recap the major accomplishments in the Uptown district during the 2015 year. In addition to the local achievements and improvements, the report highlighted accolades from the North Carolina Main Street Center and National Main Street Center. January 4, 2016 8 Special Year-End Report from the Office of the Uptown Development Director The year 2015 marked an especially productive and exciting year for Uptown Roxboro. From numerous private development projects, to national acknowledgement of local achievements, the Main Street district certainly saw great changes throughout the year. The following are some highlights of this year’s notable accomplishments for Uptown Roxboro. • Over $900,000 in public and private investments to Uptown projects • 8 new businesses opened, creating an estimated 10 new jobs • 6 storefronts underwent total façade redevelopments • Selected as North Carolina’s representing Main Street community for the 2016 publication of “Main Streets Across America” presented by National Life Group In addition to the major accomplishments of the Uptown district, the Roxboro Development Group also saw tremendous growth and success in 2015. The following are highlights of Roxboro Development Group successes over the calendar year. • Achieved National Main Street Accreditation for Uptown Roxboro. This is the first time in the organization’s 20+ year history this was accomplished • Logged over 1,000 hours of volunteer service hours from community members • Brought over $40,000 worth of sales to Uptown businesses during various promotional events • Held one of Uptown’s most successful events, the Rox N Roll Cruise-In, which attracted more than 400 different vehicles from all across NC and VA • Partnered with the City of Roxboro, Person County, and Hall’s Agribusiness to launch the beginning of a remarkable Uptown redevelopment project at the Abbitt Street Alleyway Uptown Roxboro is once again a bustling site for development and growth, which is indicative of the transformations yet to come. We are so very excited about all of the wonderful things that have taken place over the past year, and cannot wait to see even more progress in 2016. I share all of this information with you, not to boast, but to impress upon you the importance of Uptown Revitalization in all economic development efforts. In an April 2015 press release, the NC Department of Commerce touted more than $2.2 billion dollars in public and private community investment through the efforts of Main Street programs since 1980, and the creation of more than 1,011 new jobs for the state in a single year. This information, coupled with the highlights above, show just a glimpse of the many ways Main Street Revitalization is important to the overall success of a community. The Roxboro Development Group is honored to serve this wonderful town. We truly believe this is a special place to visit, or call home, and appreciate the efforts of our many partners and volunteers in making these changes possible. January 4, 2016 9 Ms. Wrenn told the group that Roxboro Development Group assisted the City of Roxboro, along with others, with the Uptown decorations. When asked by Commissioner Jeffers about any issues known with parking around the courthouse, Ms. Wrenn stated she was unaware of any particular issues with county vehicles noting that the City of Roxboro has created a parking committee. RECYCLING DISPOSAL FEE FOR TVS AND COMPUTER MONITORS CONTAINING CATHODE RAY TUBE GLASS: Person Industries Assistant Director, Amanda Everett stated her request was for a recycling disposal fee in the amount of $16 to be added to the FY15-16 Fee Schedule for any TVs and computer monitors containing cathode ray tube (CRT) glass when dropped at the Person County Recycling Center (PCRC). PCRC proposes charging residents $16 for each TV/glass computer monitor that is dropped off. Ms. Everett stated that in 2010, North Carolina legislators banned television and computer equipment from landfills. Since then, the state has provided local governments with funding to offset the cost of disposing of CRT glass and provided state approved contractors to collect the waste. In 2015, Ms. Everett noted Person County received $3,019.64 from the state to offset the cost of disposing of television and computer equipment. Under the state contract, the state approved contractors collected TV’s for free and glass monitors at the state contract rate. However, since April 2015 all of the state approved contractors have withdrawn or been removed from the contract. Ms. Everett further noted the private market is currently charging .15-.25 cents per pound and the new state contract may be even higher than the current market rate. Thus, the funds from the state will no longer cover the cost of collection. Ms. Everett estimated an additional $7,000 to $8,000 will be needed to dispose of these items for the remainder of the fiscal year. County Manager, Heidi York stated the goal was for PCRC to operate on a break even and to be self-supporting thereby the request for the proposed fee. The Board discussed options related to the disposal of the TVs and computer monitors and the effects of dumping such items in undesignated areas. Ms. Everett indicated that the PCRC would install cameras and work in coordination with the Roxboro Police Department to deter illegal dumping of such items at the recycling center. A motion was made by Commissioner Jeffers and carried 5-0 to cover the additional costs of disposing TVs and computer monitors using funds from undesignated contingency for the remainder of the fiscal year. Commissioner Jeffers asked the County Manager to report back to the Board the exact amount to be appropriated from Contingency to Person County Recycling Center. January 4, 2016 10 APPOINTMENT TO RESEARCH TRIANGLE REGIONAL PARTNERSHIP: Economic Development Commission Chairman, Kenneth Perry advised that Mr. Randy Reynolds submitted his resignation on December 16, 2015 as one of the Person County, NC three representatives on the Research Triangle Regional Partnership (RTRP) Board of Directors and RTRP’s executive committee member effective upon the appointment of his replacement because he is no longer actively involved in Person County economic development. Mr. Perry told the Board of Commissioners that the Person County Economic Development Commission recommended unanimously at their December 17, 2015 meeting that the Person County Board of Commissioners nominate and appoint Chairman, David Newell to fulfill the unexpired term to June 30, 2016 for both the RTRP Board of Directors and for the RTRP executive committee on behalf of Person County. A motion was made by Commissioner Jeffers and carried 4-1 to appoint Chairman Newell as Person County’s representative to fulfill Randy Reynolds’ unexpired term to June 30, 2016 for both the RTRP board of directors and the executive committee. Chairman Newell cast the lone dissenting vote. ECONOMIC DEVELOPMENT COMMISSION REQUEST FOR A COMPOSITION TITLE CHANGE: Economic Development Commission Chairman, Kenneth Perry stated the Economic Development Commission (EDC) heard from Piedmont Community College President, Dr. Bartlett stating that that the position of Dean of Corporate and Occupational Training was no longer a funded position and the ex-officio member of the EDC that was previously reserved for PCC’s Dean of Corporate & Occupational Training was requested to be served by the PCC representative of workforce training. Mr. Perry said the Person County Economic Development Commission recommended unanimously at their December 17, 2015 meeting that the Person County Board of Commissioners modify the EDC Composition by changing the title of the following ex-officio member from: “Piedmont Community College’s Dean of Corporate and Occupational Training” to “Piedmont Community College’s representative of workforce training”. County Attorney, Ron Aycock recommended the Board amend its Resolution governing the structure of Economic Development Commission to formalize and ratify any action taken by the Board. A motion was made by Commissioner Jeffers and carried 5-0 to adopt a Resolution Amending the Economic Development Commission for a composition title change for the ex-officio, non-voting representative of Piedmont Community College. January 4, 2016 11 January 4, 2016 12 January 4, 2016 13 APPOINTMENT TO TOURISM DEVELOPMENT AUTHORITY: Chairman Newell requested Board nomination for the pending appointing to the Tourism Development Authority. The three applicants eligible for appointment to the available position for a 3-year term were: 1) Blossom Gardner 2) Saundra Clemmons 3) Tommy Winstead Commissioner Clayton nominated Blossom Gardner to be appointed. Commissioner Puryear nominated Tommy Winstead to be appointed. Chairman Newell asked for a vote by show of hands. Commissioners Clayton and Jeffers voted by show of hands for Blossom Gardner. Chairman Newell, Vice Chairman Kendrick and Commissioner Puryear voted by show of hands for Tommy Winstead. By acclamation, Tommy Winstead was reappointed to the Tourism Development Authority for a 3-year term. BOARD OF COMMISSIONERS COMMITTEE ASSIGNMENTS: Chairman Newell announced the following 2016 Committee Assignments for the Board of Commissioners: January 4, 2016 14 2016 Person County Board of Commissioners COMMITTEE ASSIGNMENTS Chairman David Newell, Sr. Airport Commission Board of Equalization and Review Economic Development Commission Juvenile Crime Prevention Council Region K Workforce Development Board Research Triangle Regional Partnership Vice Chairman Tracey L. Kendrick Animal Control Advisory Committee Health Board Library Board Person Area Transportation System Board Person County Senior Center Advisory Council Commissioner Jimmy B. Clayton COG Board Kerr Tar RPO - TAC NCACC District Director OPC Community Operations Board Upper Neuse River Basin Association Commissioner Kyle W. Puryear Board of Equalization and Review Alternate E-911 Committee High Speed Internet Committee Local Emergency Planning Committee Commissioner B. Ray Jeffers Board of Equalization and Review Alternate Extension Advisory Committee Environmental Issues Advisory Committee Fire Chief’s Association Home Health & Hospice Advisory Committee Home & Community Care Block Grant Adv. Committee NACo Board of Director Person County Partnership for Children Recreation Advisory Board Social Services Board January 4, 2016 15 CHAIRMAN’S REPORT: Chairman Newell had no report. MANAGER’S REPORT: County Manager, Heidi York reported that the Granville County Board of Commissioners were addressing Person County’s request to consider accepting solid waste from Person County and the Granville County Manager had let her know that their Board had decided the request warranted further discussion and thereby referred it to their Solid Waste Committee. Ms. York said that the Granville County Manager and she would be holding a conference call meeting on January 5, 2016 and she would update the Board on any new developments. Ms. York noted the Airport Commission would be meeting on January 7, 2015. COMMISSIONER REPORT/COMMENTS: Commissioner Jeffers told the other Board members that Mr. Browning requested to hear from each commissioner related to his email. Commissioner Clayton commented a possible discussion item with Granville County may be setting up a transfer station to separate recycling from the waste. Commissioner Clayton stated the recycling could be delivered to Person County Recycling Center and the waste only would be transported to Granville County should they choose to accept waste from Person County. Commissioner Puryear had no report. Vice Chairman Kendrick had no report. January 4, 2016 16 ADJOURNMENT: A motion was made by Commissioner Puryear and carried 5-0 to adjourn the meeting at 8:04pm. _____________________________ ______________________________ Brenda B. Reaves David Newell, Sr. Clerk to the Board Chairman