BOC Minutes November 16 2015
November 16, 2015
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PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 16, 2015
MEMBERS PRESENT OTHERS PRESENT
Kyle W. Puryear Heidi York, County Manager
David Newell, Sr. C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Jimmy B. Clayton
Tracey L. Kendrick
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, November 16, 2015 at 9:00am in the Person County Office
Building Auditorium.
Chairman Puryear called the meeting to order. Commissioner Kendrick gave an
invocation and Vice Chairman Newell led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
agenda.
RECOGNITION OF LOCAL GOVERNMENT DAY:
Chairman Puryear 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 Puryear, Vice Chairman Newell and Commissioners
Clayton, Jeffers and Kendrick proceeded to introduce themselves. County Manager, Heidi
York and Clerk to the Board, Brenda Reaves also introduced themselves.
RECOGNITION:
AWARD FOR OUTSTANDING TEAMWORK, PROFESSIONALISM AND
COMMITMENT TO PUBLIC SAFETY:
Person County 911 Communications Manager, Brett Wrenn recognized
telecommunicators Brittany Shelton, Joy Brown, Michaele Gentry and Denise Drumwright
Hicks for outstanding teamwork, professionalism and commitment to public safety for their
handling of a traumatic injury call in which a child suffered a partial amputation of her foot
in a lawnmower accident. The call was further complicated when the location was not
readily known, because the caller lived on a new street and the address did not geo-verify.
Mr. Wrenn noted the 911 staff were recognized by the NC 911 Board in October and in
November by the NC APCO and NC NENA.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Ms. Frances Blalock of 1504 Surl Mt. Tirzah Road, Timberlake advocated for the
landfill to be closed and for Person County’s waste to be taken to the Granville County
landfill. Ms. Blalock suggested that if the landfill was not closed, that any revenue should
be used to improve the quality of life for those nearby residents that endure the
environmental impacts. Ms. Blalock offered for the Board to live at the landfill for a period
of two weeks prior to taking any action regarding the future of the landfill just to experience
the daily impacts noting Ken and Pat Hill have offered accommodations for such visit.
Ms. Nancy Winter of 725 Frank Street, Roxboro stated support for all signs
prohibiting concealed carry in county buildings to be taken down. Ms. Winter also passed
out a brochure noting National Hunger and Homelessness awareness week during
November 14-22, 2015.
Ms. Patricia “PJ” Gentry of 541 Byrd Creek Lane, Hurdle Mills read comments
from Mr. Bruce Wrenn advocating for the signs on county buildings to be removed that
prohibit concealed weapons. Ms. Gentry stated her preference for the Board to consider
the constitutional right of individuals to bear arms.
Ms. Betty Blalock of Tirzah Ridge, Rougemont, and a resident near the landfill read
to the group the NC general statute outlining it is a violation to remove, disturb, and deface
any depository of human remains and to do so is a Class 1 felony. Ms. Blalock explained
that Native American graves that were on the property to which the landfill is located had
tombstones destroyed and the entrance was blocked.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Kendrick and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of November 2, 2015,
B. Budget Amendment #11,
C. Budget Amendment PCC Tractor,
D. Public School Building Capital Fund NC Education Lottery Application in the
amount of $86,500 to replace all HVAC controllers in all 10 schools,
E. A Resolution Adopting a Residential Antidisplacement and Relocation Assistance
Plan,
F. Consideration of Approval of Late Exemption Applications, and
G. Tax Adjustments for the month of November 2015
a. Tax Releases
b. NC Vehicle Tax System pending refunds
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UNFINISHED BUSINESS:
REVIEW OF COUNTY’S ORDINANCE PERMITTING THE POSTING OF
SIGNS TO PROHIBIT THE CARRYING OF CONCEALED HANDGUNS ON
COUNTY PROPERTY:
County Attorney, Ron Aycock stated that at the Board’s November 2, 2015
meeting, public comments were received related to the County’s signage prohibiting
concealed handguns to which he was asked to further research and bring back for
discussion. Mr. Aycock explained his research as follows:
I General authority of Local Governments to regulate as authorized by state law and
limited by the US Constitution
As counter intuitive as it may seem, in the US intergovernmental system the states have
more legal power than the federal government. The federal government’s power is limited
to that which the states ceded to it when the US Constitution was adopted. The states have
all the residual power and are limited only by provisions like the second amendment to the
US constitution’s “right to bear arms”. Local governments have only the power granted by
the states. Thus in the context of the regulation of “concealed carry of weapons”, the state
of NC may provide for any regulation of concealed weapons either directly or by granting
that power to local governments. That regulation is limited only by provisions of the US
Constitution i.e., the second amendment. The state may also specifically prohibit or limit
local governments from regulation as NC has in the case of concealed weapons.
II 2008 US Supreme Court Decision in District of Columbia vs. Heller
The “Heller” case held for the first time that the second amendment conferred upon
INDIVIDUALS the right to bear arms. The facts of the case revolved around self-defense
in your home. There was also suggestion that the right extended beyond the home but that
was not clearly defined. The court did state that it was not holding that a state (or local
government) was prohibited from regulating (carry) in schools and government buildings.
Thus, even though the Supreme Court held that there was a constitutional right to bear arms
it did not prohibit regulation of “carry” in government buildings and facilities.
III State Legislative regulation and local governments
The NC General Assembly has passed legislation to permit local Governments to regulate
the “carry” of concealed weapons on “local government buildings and their appurtenant
premises”. In 2013 that authority was limited as applied to recreation facilities. (See
below). Local Government was also limited in legislation passed in 2012 to disallow local
regulation of lawfully possessed firearms when an emergency was proclaimed. This
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legislation related to emergencies was enacted in response to a federal court case (Bateman
v. Perdue).
Thus the authority for counties to act to regulate concealed carry of weapons is limited to
the prohibition of concealed carry in county buildings and their appurtenant premises
(parking lots, etc.) and to a limited extend on recreational facilities. Person County enacted
a concealed carry prohibition in December 1995. That ordinance applies to all county
buildings. The ordinance has in effect been amended by the state legislative action to
conform to the restrictions on regulation on recreational facilities. In other areas of state
law there is a general prohibition of concealed carry in schools and law enforcement
facilities.
IV Recreational Facilities Limitation
The prohibition on regulation of concealed carry on recreational facilities is very detailed.
It is clear that certain areas and activities are intended to allow concealed carry and local
governments may not restrict that right. Important details are:
1- The recreational facility where concealed carry is prohibited must be specifically
identified. That means that each recreational area must be identified in any ordinance
and signed. For example each area must be identified such as a gymnasium, the new
little league grounds, tennis court and other athletic fields , specific athletic fields at
county parks and athletic fields at any leased location used by the county recreation
department. Whether or not recreational facilities used at facilities owned by the
public schools must be specifically specified would depend on the exact nature of the
agreement between the County and the Schools
2- Any prohibition on concealed carry would be effective only “during an organized
athletic event” if the event has been scheduled by the County. There would be no
prohibition during any “free play” time.
3- Even if a local government has legally prohibited concealed carry at a recreational
facility, a person with a concealed carry permit may still have a weapon in a vehicle
so long as it is in a secured area of the vehicle.
4- A notice of the prohibition of concealed carry must be posted at each recreational
facility
5- Absolutely no prohibition is authorized on any greenway, biking or walking path even
if not formally designated as such, any open area or field where athletic events may
occur but are not specifically scheduled for an athletic event, or any other area not
specifically authorized to be regulated.
6- No prohibition would be allowed at a playground where no athletic events are
scheduled such as a “tot lot”
7- “Free play” at tennis courts could not have a prohibition on concealed carry.
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Mr. Aycock noted the existing concealed carry prohibition at recreational facilities
would not be in effect if there is not a posting at each facility.
Mr. Aycock further noted that currently, there is a 1995 Ordinance in place to
permit the posting of County property stating that the carrying of concealed handguns on
the posted premises violates NC General Statute Chapter 14, Article 54B. If it is the desire
of the majority of the Commissioners to change this prohibition, there are several options
that the Board can consider:
Option 1- Repeal the current Ordinance. This would have the effect of allowing
concealed, permitted handguns on all county properties unless exempted by state law. Mr.
Aycock confirmed that state law has exceptions which includes law enforcement facilities,
judicial areas, and public schools.
Option 2 - Amend the existing Ordinance and revise the wording of the signage to
include “unless authorized by a concealed weapon permit.”
Option 3- Amend the existing Ordinance to allow concealed weapons except for
recreational facilities. A definition would need to be included in the revised ordinance for
recreational facilities.
Option 4- Amend the existing Ordinance to allow concealed weapons except for
specific sites and/or buildings that are explicitly named in the ordinance.
Mr. Aycock confirmed there is no current prohibition for open carry in Person
County.
Vice Chairman Newell asked the Sheriff to provide input. Sheriff Dewey Jones
stated with each option, there are consequences. He offered for the Board members to
consider participating in a shoot/don’t shoot training for individuals prior to taking action.
Commissioner Kendrick stated the training would not change his position noting
those individuals that have completed a concealed carry course are held to a higher standard
and he believed in his constitutional rights to bear arms.
Commissioner Clayton addressed sensitive situations in which allowing concealed
carry would not be a good policy.
Vice Chairman Newell read information from a concealed carry training whereby
firearms are not allowed at organized public events where fees are charged.
A motion was made by Vice Chairman Newell and carried 4-1 to call for a public
hearing to be scheduled at the Board’s next meeting related to repeal of the County’s
current ordinance. Commissioner Kendrick cast the lone dissenting vote.
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NEW BUSINESS:
PROPOSAL FOR ENGINEERING AND DESIGN SERVICES FOR THE SENIOR
CENTER:
County Manager, Heidi York reminded the group that the Board has previously
authorized the Manager to issue a Request for Proposals and select an architectural firm
for the Senior Center Project nothing that through a competitive evaluation process, HH
Architecture, PA was selected to provide design and construction administration services
for the Senior Center project. Ms. York recalled at the Board’s October 5, 2015 meeting,
by a vote of 5-0, the Board elected to demolish the existing two-story 12,000SF building
and construct a new one-story 12,000SF building. In addition to the new Senior Center, the
Board requested the design of a park to be located on a vacant lot along Depot Street.
Ms. York presented the proposal for design services which included the following
phases at the basic fee of $278,600:
Schematic Design $38,300
Design Development $51,100
Construction Documents $80,400
Bidding $14,400
Construction Administration $84,000
Closeout $10,400
$278,600
Ms. York noted the following additional fees are recommended, but not required,
by HH Architecture:
Hazardous Materials Abatement Design $4,500
3D Building Renderings $7,200
Rendered Site Plan $2,600
Irrigation Design $2,600
Existing Site Conditions Survey $11,400
Subsurface Utility Designation $8,300
$36,600
Ms. York stated the total basic plus additional fees for the proposed engineering
and design services totaled $315,200. In addition, a list of consultants to be used on the
project as well as a proposed time frame was outlined. Ms. York stated the County will
need to advance funds from the General Fund to cover the cost and will receive
reimbursement once the financing of the project was secured.
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Ms. York informed the Board of HH Architecture’s recommendation to reallocate
the $84,000 for the park development to a contingency budget for project unknowns and
cost overages with any left-over funds used to develop the park. Ms. York noted two issues
that had been found since the October 5, 2015 presentation by HH Architecture which
included an underground culvert and an underground sewer pipe that would need to be
rerouted.
Ms. York requested the Board to authorize the County Manager to execute the
agreement with HH Architecture as presented.
Commissioner Jeffers stated opposition to the recommendation by HH Architecture
to defer from the unanimous motion made by the Board related to the park development
that would include basketball courts. Ms. York asked Mr. John Hill, Director of
Recreation, Arts and Parks to address the Recreation Advisory Board’s position related to
the basketball courts in the open space. Mr. Hill stated his preference for feasibility study
with the stakeholders involved. Ms. York clarified the intent was not to override the desire
of the Board’s motion.
Vice Chairman Newell questioned the lack of due diligence executed by the
consultant and/or staff related to the underground culvert and sewer line.
A motion was made by Commissioner Kendrick and carried 5-0 to table the
proposal for design services to allow the architect representatives to come before the Board.
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PROPOSED 2016 BOARD OF COMMISSIONERS’ SCHEDULE OF MEETINGS:
Clerk to the Board, Brenda Reaves told the group that NC General Statute 153A-
40 requires the Board of Commissioners to hold a regular meeting at least once a month.
Ms. Reaves presented a proposed schedule of 2016 meeting dates.
Ms. Reaves stated the Board will hold its regular scheduled meetings in its usual
Boardroom, Room 215 in the County Office Building unless otherwise posted. As
recommended on the proposed Schedule of Meetings, to accommodate attendance, Local
Government Day Board meetings will be scheduled to be held in the County Office
Building Auditorium as the same would be done for the Boards’ Budget Public Hearing.
To accommodate the Local Government Day participation, the March 14, 2016
meeting is scheduled for the Board’s regular meeting.
Ms. Reaves requested Board consideration of the proposed dates as well as to take
action to set the 2016 Schedule of Meetings so to cause copy of such to be distributed and
posted on the bulletin board and county website.
A motion was made by Commissioner Jeffers and to approve the proposed 2016
Board of Commissioners’ Schedule of Meetings as presented. Commissioner Jeffers
rescinded his motion prior to discussion and a vote.
A motion was made by Chairman Puryear and carried 5-0 to approve the proposed
2016 Board of Commissioners’ Schedule of Meetings as presented with one change: The
Board will hold a regular scheduled meeting on February 29, 2016 instead of February 15,
2016 as February 15, 2016 is a federal holiday, Presidents’ Day. Chairman Puryear
included in his motion for Person County to observe Presidents’ Day, February 15, 2016
as a holiday.
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FISCAL YEAR 2016-2017 BUDGET CALENDAR:
County Manager, Heidi York stated a budget calendar has been developed for the
Board’s adoption, outlining a schedule for the timing of the budget process: the Board’s
Retreat will be on February 1st, along with the Capital Improvement Plan adoption in April,
Presentation of the Recommended Budget in May, a required Public Hearing on June 6th
and Adoption of the FY16-17 Annual Budget for June 20th. The dates outlined are subject
to change if needed, but this will facilitate an organized budget process for staff and elected
officials.
Ms. York requested Board approval of the budget calendar for FY16-17 and to
provide feedback and changes to staff as needed.
A motion was made by Commissioner Kendrick and carried 5-0 to adopt the Fiscal
Year 2016-2017 Budget Calendar as presented.
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CHAIRMAN’S REPORT:
Chairman Puryear reminded the Board of the joint meeting with City Council and
Person County Business Industrial Center on November 19, 2015 at 8:00am in the Roxboro
Police Department’s training room.
MANAGER’S REPORT:
County Manager, Heidi York reported to the group that SmithGardner, the
consultant firm performing the Solid Waste Study, would be conducting a waste audit by
collecting and evaluating waste at the landfill. Ms. York noted the consulting firm would
be before the Board at its December 7, 2015 meeting with cost analysis of the three options
as selected by the Board.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported on the following:
• Announced the new hire of the EMS Director at the Fire Chiefs meeting,
• Environmental Issues Advisory Committee meeting held and requested a
report to be presented to the Board on December 7, 2015, and
• Dept. of Social Services has implemented a dress code for its employees.
Commissioner Clayton reported on the following meeting attended:
• Upper Neuse stormwater sites tour, and
• Industrial Relations Committee luncheon
Commissioner Kendrick had no report.
Vice Chairman Newell had no report.
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RECESS
A motion was made by Vice Chairman Newell and carried 5-0 to recess the
meeting at 10:31am until 11:00am at the Person County Museum.
Chairman Puryear called the recessed meeting to order at 11:06am with all Board
members present. Other county representatives were County Manager, Heidi York,
Assistant County Manager, Sybil Tate, Clerk to the Board, Brenda Reaves and County
Attorney, Ron Aycock.
The Board of Commissioners and representatives of the Person County Museum
met in the board room of the Male Academy/Parsonage located on the museum campus.
Person County Museum officers Doug Mabe, President, Angie Brown, Vice President,
Karyn Hicks, Secretary, Mac Wagstaff, Treasurer along with other board members,
Claudia Berryhill and Ginny Panetta were present. Mr. Mabe stated the Museum board of
directors desired to host the Board of Commissioners to a lunch and tour in appreciation of
the support given by the County.
Topics of mutual interest were discussed. Ms. Berryhill, who serves as the
Museum’s fundraising chair, told the group of a new initiative called the Heritage Trail
which is planned to be launched the first part of 2016 for property/structures within Person
County that date over 100 years. A donation of $100 for a single side sign or $150 for a
double sided sign was projected to cover the costs of the heritage trail signs that would be
posted at each site along the trail. Another initiative described was an appraisal fair to
which a fee would be charger per item assessing the value of antiques and relics.
Museum representatives provided insight to the Board about the operations and
financial support needed to pay the Director’s salary as well as to acquire items for the
many displays. Mr. Mabe confirmed that the Museum has not been appropriated any
additional funding by the Tourism Development Authority noting the Museum has
submitted its quarterly report and plans to apply for TDA funding for its upcoming Heritage
Trail campaign.
The Museum board of directors provided informative tours to Board of
Commissioners and county staff.
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ADJOURNMENT:
A motion was made by Commissioner Jeffers and carried 5-0 to adjourn the
meeting at 11:59am.
_____________________________ ______________________________
Brenda B. Reaves Kyle W. Puryear
Clerk to the Board Chairman