BOC Minutes November 2 2015
November 2, 2015
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PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 2, 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 2, 2015 at 7:00pm in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Puryear called the meeting to order. Commissioner Kendrick gave an
invocation and members from Boy Scout Troop 295 led the group in the Pledge of
Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Commissioner Jeffers requested an addition to the agenda for discussion of funding
for students to attend the Students Against Destructive Decisions (SADD) conference.
A motion was made by Commissioner Kendrick and carried 5-0 to add an item to
the agenda to discuss funding for students to attend the SADD conference and to approve
the agenda as adjusted.
RECOGNITION
RESOLUTION OF APPRECIATION:
Chairman Puryear read and presented the following resolution of appreciation to
Person County Retiree, Deborah Wolfe. Ms. Wolfe expressed her gratitude to the Board.
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PUBLIC HEARING:
REQUEST BY W. RUFFIN WOODY TO REZONE TAX MAP 141 PARCEL 1
(ROXBORO TOWNSHIP) ON CAVEL CHUB LAKE ROAD (SR1531) FROM
RESIDENTIAL (R) TO RURAL CONSERVATION (RC):
A motion was made by Vice Chairman Newell and carried 5-0 to open the duly
advertised public hearing for a request by W. Ruffin Woody to rezone Tax Map 141, Parcel
1 (Roxboro Township) on Cavel Chub Lake Road (SR1531) from Residential (R) to Rural
Conservation (RC).
Planning Director, Mike Ciriello stated the County has received an application from
W. Ruffin Woody to amend the official zoning map. The request before the Board was to
rezone an 86.7 acre parcel, Tax Map 141 Parcel 1 on Cavel Chub Lake Road from
Residential (R) to Rural Conservation (RC). Mr. Ciriello noted if the parcel was rezoned,
all land uses permitted in the RC District will be allowed. The general intent of the RC
District is to provide for limited land use controls in area with limited non-agricultural
development. While the area along Cavel Chub Lake Road is primarily zoned Residential;
there are two parcels that are zoned B-2 (Neighborhood Business) immediately adjacent to
the parcel under consideration for rezoning. The area is mainly single family residential
structures; there is an old industrial site which has not been used for at least twenty years
and it is zoned Residential. It is located within the Roanoke River Basin which currently
has no regulations pertaining to stormwater.
Mr. Ciriello stated the Planning Board held a Public Hearing on October 8, 2015
and voted 6 to 0 to recommend approval of the rezoning request based on the Land Use
Plan considering this area as suburban residential and Section 2.1 of the Land Use Plan
which promotes continued economic investment through retention and expansion of
existing industrial concerns and the recruitment of new industrial and commercial
businesses. The Planning Board found that the rezoning was consistent with the
Comprehensive Plan.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the request by W. Ruffin Woody to rezone Tax Map 141, Parcel 1 (Roxboro
Township) on Cavel Chub Lake Road (SR1531) from Residential (R) to Rural
Conservation (RC). Clerk to the Board, Brenda Reaves stated Ms. Lintanya T. Harris of
Bowie, Maryland submitted written comments expressing concern about the impacts of
building any structure on land that was previously contaminated urging the Board to
perform due diligence to ensure there are no human health or environmental effects. A
copy of Ms. Harris’ letter was given to each member of the Board.
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A motion was made by Commissioner Kendrick and carried 5-0 to close the public
hearing for a request by W. Ruffin Woody to rezone Tax Map 141, Parcel 1 (Roxboro
Township) on Cavel Chub Lake Road (SR1531) from Residential (R) to Rural
Conservation (RC).
CONSIDERATION TO GRANT OR DENY REQUEST BY W. RUFFIN WOODY
TO REZONE TAX MAP 141 PARCEL 1 (ROXBORO TOWNSHIP) ON CAVEL
CHUB LAKE ROAD (SR1531) FROM RESIDENTIAL (R) TO RURAL
CONSERVATION (RC):
A motion was made by Commissioner Clayton and carried 5-0 to approve the
rezoning request based on the Land Use Plan considering this area as suburban residential
and Section 2.1 of the Land Use Plan which promotes continued economic investment
through retention and expansion of existing industrial concerns and the recruitment of new
industrial and commercial businesses as recommended by the Planning Board. The Board
of Commissioners found that the rezoning was consistent with the Comprehensive Plan.
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PUBLIC HEARING:
PROPOSED FY2017 COMMUNITY TRANSPORTATION PROGRAM GRANT
APPLICATION:
A motion was made by Commissioner Jeffers and carried 5-0 to open the duly
advertised public hearing for the proposed FY2017 Community Transportation Program
Grant Application.
Person Area Transportation Director, Kathy Adcock presented the proposed
FY2017 Community Transportation Program Application to the Board for approval noting
it is due to be submitted to the North Carolina Department of Transportation no later than
November 6, 2015. The Community Transportation Program provides assistance to
coordinate existing transportation programs operating in Person County as well as provides
transportation options and services for the communities within this service area. These
services are currently provided using demand response, subscription and trip referrals.
Services are rendered by utilizing ADA vans and Light Transit Vehicles.
The total estimated amount requested for the period July 1, 2016 through June 30,
2017 is outlined below:
Project
Total Amount Local Share
Administrative
$ 190,369 $ 28,556 (15%)
Capital (Vehicles & Other)
$ 177,000 $ 17,700 (10%)
TOTAL PROJECT $ 367,369 $ 46,256
Total Funding Request Total Local Share
There were no individuals appearing before the Board to speak in favor of or in
opposition to the proposed FY2017 Community Transportation Program Grant
Application.
A motion was made by Commissioner Jeffers and carried 5-0 to close the public
hearing for the proposed FY2017 Community Transportation Program Grant Application.
CONSIDERATION TO APPROVE FY2017 COMMUNITY TRANSPORTATION
PROGRAM GRANT APPLICATION:
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
proposed FY2017 Community Transportation Program Grant Application as presented.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Bruce Wrenn of 105 Warren Lane, Semora addressed the signage posted on
county buildings prohibiting no concealed handguns per Person County Ordinance. Mr.
Wrenn asked the Board why the County posted such signs and if there was associated
liability as the County did not enforce such. Mr. Wrenn also questioned if open carry was
allowed.
Vice Chairman Newell asked the County Attorney to state his opinion related to
Mr. Wrenn’s comments. County Attorney, Ron Aycock noted the Board enacted its
prohibition of concealed handguns before General Assembly’s law for conceal carry
permitting. Mr. Aycock noted the Board is authorized to prohibit and the posting of signs
on county buildings was required to provide notice per the County’s Ordinance. Mr.
Aycock suggested a change, if desired by the Board, to prohibit except where permitted
under NC law. Mr. Aycock addressed the County liability noting that by not enforcing at
each entry does not constitute liability as citizens are informed and expected to conform to
the law. Mr. Aycock further noted that knowledge on behalf of a county employee that the
law is being violated exposes some liability. It was the consensus of the Board to add this
item to the Board’s next meeting agenda.
Ms. Betty Blalock of Tirzah Ridge, Rougemont, a resident near the landfill stated
the Solid Waste Study Report has tried to discredit the information she provided. Ms.
Blalock said many deaths related to cancer were not counted in the recent cancer study
around the landfill. Ms. Blalock spoke with opposition to the landfill accepting all types
of waste from surrounding areas. Ms. Blalock stated she will fight any expansion into the
Neuse River Basin which is where she resides.
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 October 19, 2015,
B. Budget Amendment #10, and
C. Bethel Hill Lease Agreement Amendment #1
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UNFINISHED BUSINESS:
FOLLOW-UP TO PIEDMONT COMMUNITY COLLEGE’S REQUEST TO
PURCHASE A TRACTOR:
County Manager, Heidi York stated at the Board’s October 19, 2015 meeting,
Piedmont Community College (PCC) brought forward a mid-year budget request to
increase their FY15-16 appropriation for the purchase of a tractor. PCC provided a quote
of $71,391 for an 85HP John Deere tractor to be used for mowing 10 acres of grass and
clearing 10.5 acres of parking lots and pavement during snowstorms. The Board directed
the County Manager to compare prices and models of tractors with multiple vendors to
ensure that the best value is being obtained.
Ms. York presented a matrix of specifications and pricing options with the Board
for discussion and comparisons.
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Dr. Walter Bartlett, President of Piedmont Community College (PCC) provided the
Board with justification for the equipment needed noting the tractor and attachments are
used March-November to bush hog 10 acres of fields, twice per month, clean storm
damage, mulching, grading, clear pathways, nature trail/disc golf course ground
maintenance to keep the college clean, clear and safe. The months of December-February
the tractor and attachments would be used for time sensitive snow removal on 10.5 acres
of parking lot and roads. Dr. Bartlett amended PCC’s budget request to increase their
FY15-16 appropriation for the purchase of a John Deere 5075E tractor and attachments
costing $54,113.62 plus tax of $4,652.67 for a total of $57,766.29.
When asked if PCC staff had contacted the landscaper regarding pretreatment and
snow removal services, Dr. Bartlett said that his staff has not contacted due to PCC’s
request for the tractor involved a scope of work which was more than snow removal.
Commissioner Kendrick acknowledged his visit to PCC’s campus to tour and
inspect the current equipment. He asked Dr. Bartlett if the fields he toured had been
recently mowed with standard mowing equipment, i.e., a zero-turn mower to which Dr.,
Bartlett confirmed affirmatively.
Ms. York added that she had contacted the UNC School of Government related to
Vice Chairman Newell’s question that PCC had to purchase on state contract. Ms. York
confirmed that state contract purchasing is not required if quotes are obtained and the
pricing is the same or less than the state contract price.
A motion was made by Vice Chairman Newell to appropriate $54,113 to PCC for
the purchase of a tractor.
A substitute motion was made by Commissioner Kendrick and failed 1-4 to
appropriate the $10,000 designated in contingency for PCC’s use for snow removal to PCC
to be used anyway deemed fit (toward purchase of new tractor, repair existing tractor).
Chairman Puryear, Vice Chairman Newell, Commissioners Clayton and Jeffers cast the
dissenting votes.
A substitute motion was made by Commissioner Clayton and failed 2-3 to
appropriate $49,159 to PCC for purchase of the 55HP John Deere and to add back into the
budget two positions: one Building Inspector and an Environmental Health Specialist.
Commissioner Jeffers told the group of a complaint received relating to an inspection
request for Environmental Health that was not completed for 14 days. Ms. York stated the
requested inspection has a standard 2-week response time that has been extended to 3-
weeks, with the staffing shortage. Commissioners Clayton and Jeffers voted in support of
the motion. Chairman Puryear, Vice Chairman Newell and Commissioner Kendrick cast
the dissenting votes.
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The original motion by Vice Chairman Newell to appropriate $54,113 to PCC for
the purchase of a tractor carried 4-1. Vice Chairman Newell included in his motion that
the $10,000 budgeted in contingency for PCC use for snow removal is to be designated to
this appropriation. Commissioner Kendrick cast the lone dissenting vote noting his
disapproval to spend $54,000 on a tractor when less spending could accomplish the same
goal.
NEW BUSINESS:
SOLID WASTE STUDY TECHNICAL MEMO:
Assistant County Manager, Sybil Tate reminded the Board that at its August 17,
2015 meeting, the Board approved hiring Smith&Gardner to conduct a Solid Waste Study.
Ms. Tate noted Smith&Gardner has produced a technical memo evaluating the
seven options recommended in their proposal. The seven options include the following:
• Renegotiate the current franchise agreement with Republic Services
• County-owned, County-operated transfer station to transfer waste to an out-of-
County facility
• County-owned, private-operated transfer station to transfer waste to an out-of-
County facility
• Private-owned and operated transfer station to transfer waste to an out-of-County
facility
• Direct haul to Granville County without developing a transfer station
• County-owned and operated landfill for County only waste
• County-owned, private-operated landfill for County only waste
Ms. Tate told the group that of the above seven options, Smith&Gardner
recommended further study of the following three options:
• Renegotiation of the Franchise Agreement
• County-Owned and Private-Operated Transfer Station
• Direct Haul to Granville County
Ms. Tate stated that once the Board approved the three options for further study,
the consultant would conduct a cost-benefit analysis of those options and the analysis
would include a 30 year evaluation of the operating and capital costs for both the City and
County.
Ms. Tate introduced Ms. Joan Smyth, Senior Hydrogeologist and Mr. Mike
Brinchek, Senior Project Manager, with Smith&Gardner for questions. Mr. Brinchek gave
the Board the following presentation:
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A motion was made by Commissioner Kendrick and carried 5-0 to approve the
following three options for further study:
• Renegotiation of the Franchise Agreement
• County-Owned and Private-Operated Transfer Station
• Direct Haul to Granville County
PERSON COUNTY HEALTH DEPARTMENT WATER SAMPLE FEE
REQUESTS:
Health Director, Janet Clayton stated that due to the fact that Person County has
private drinking water wells in proximity to existing coal ash ponds, the Person County
Health Department requested the approval of the addition of two new water sample fees
to the County’s Fee Schedule. The North Carolina State Laboratory of Public Health
has developed water sampling kits for those individuals who desire resampling of their
private wells. There are two testing kits, hexavalent chromium and coal ash water panel.
Ms. Clayton noted that on September 28, 2015, the Person County Board of
Health approved the two proposed new water sample fees. In accordance with the North
Carolina General Statute 130A-39(g), the Board of Health requested the approval of the
Board of Commissioners to implement the proposed fees which are listed below:
Hexavalent Chromium Water Sample = $95.00
Coal Ash Panel = $110.00
A motion was made by Commissioner Jeffers and carried 5-0 to approve the fees
for Hexavalent Chromium Water Sample at $95.00 and Coal Ash Panel at $110.00.
INTERNAL SERVICE FUND ORDINANCE: SELF-FUNDED HEALTH
INSURANCE PROGRAM:
Finance Director, Amy Wehrenberg requested approval of an Internal Service Fund
Ordinance as required by N.C.G.S. 159.13.1 that creates the financial plan for all revenues
and expenditures that support the self-funded health insurance program for County
employees and retirees. The sources of revenue in this fund will primarily include the
health contributions from the County, contributions from employees, and contributions
from retirees. The uses of expenditures will include any associated fees to administer the
program, as well as the actual benefits and claims payments made on behalf of its
recipients. Approximate estimate of $2.9M reflects the County’s broker recommendation
that was presented and approved by the Board of Commissioners in May of this year.
A motion was made by Commissioner Jeffers and carried 5-0 to approve an
Internal Service Fund Ordinance as presented.
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DISCUSSION FOR FUNDING FOR STUDENTS TO ATTEND THE STUDENTS
AGAINST DESTRUCTIVE DECISIONS CONFERENCE:
Commissioner Jeffers stated that Ms. Ollie Jeffers requested the County to consider
funding two students to attend the Students Against Destructive Decisions (SADD)
conference at a cost of $85 each.
A motion was made by Commissioner Jeffers and failed 2-3 to fund two students
to attend the SADD conference at a total cost of $170 funded from contingency.
Commissioners Jeffers and Clayton voted in support of the motion noting the function is
educational and an investment in the children. Chairman Puryear, Vice Chairman Newell
and Commissioner Kendrick cast the dissenting votes. Commissioner Kendrick stated the
SADD conference is not a function of county government and by funding such would open
consideration to the many other civic and school clubs to request tax payer funding.
Chairman Puryear agreed with Commissioner Kendrick noting Person High School has 27
student organizations and Roxboro Community School has 17 student organizations.
Chairman Puryear challenged board members and citizens to contribute through donation
to which he presented Ms. Jeffers with his own personal check to fund one of the students
to attend the SADD conference.
CHAIRMAN’S REPORT:
Chairman Puryear reported the Board’s next meeting is scheduled for 9:00am
November 16, 2015 in the County Auditorium to accommodate the high school students
participating in Local Government Day.
MANAGER’S REPORT:
County Manager, Heidi York reported that following the Board’s regular meeting
on November 16th, the Board will meet jointly at 11:00am with the Person County Museum
board of directors for a tour of the museum and campus.
Ms. York confirmed the Board will meet jointly with members of Roxboro City
Council and Person County Business Industrial Center on November 19, 2015 at 8:00am
in the Roxboro Police Department’s training room.
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COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported the following:
• He presented the senior center plans approved by the Board to the AARP
group noting the seniors’ appreciation to the Board,
• Meetings he will attend on November 5, 2015 include:
o Senior Center Block Grant meeting at 4:00pm at Senior Center
o Environmental meeting at 5:30pm at Tricia’s
o Fire Chiefs meeting at 7:00pm at Allensville Fire Dept.
Commissioner Clayton shared information from the NC Association of County
Commissioners focusing on energy efficient facilities with the Board and staff requesting
that this is considered during the construction of the senior center facility.
Commissioner Clayton stated he attended the NC Association of County
Commissioners’ Environment Committee meeting and learned from the Assistant Director
from the Dept. of Environment that there are new landfill rules and regulations requiring
new permits and franchise agreement for landfills to remain valid for the life of the landfill.
Commissioner Kendrick commented on his recent discussion with Dr. Bartlett,
President of Piedmont Community College (PCC) related to the proposed early college and
not waiting until the budget time to work on the funding nor the mobile classrooms
estimated to cost $400,000 to $500,000. Commissioner Kendrick suggested consideration
for a commercial grade metal building on a concrete slab attached to an existing PCC
building at an estimated costs of $135sf versus the mobile classrooms. Commissioner
Kendrick asked the County Manager to further discuss with Dr. Bartlett as well as Dan
Holloman, Superintendent of Person County Schools. County Manager, Heidi York added
the proposed early college is projected to open in August 2016 noting Mr. Holloman
communicated with her his projected funding request would be $500,000.
Commissioner Kendrick requested also that the County convey to school officials
to look at the existing facilities to start the early college program so that the Board can have
sufficient time to review all options. Commissioner Jeffers recalled an earlier discussion
whereby former commissioner Sam Kennington, located a used modular system in Iredell
County at a much lower cost. Vice Chairman Newell asked if the early college program
had to be located on the college’s campus. Ms. York stated the grant funding for the
program mandated the program to be located on school property. Commissioner Kendrick
inquired about the former Helena School site being transferred to the schools or PCC for
the early college program. Ms. York stated she would communicate the Board’s comments
to Dr. Bartlett and Mr. Holloman.
Vice Chairman Newell had no report.
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ADJOURNMENT:
A motion was made by Commissioner Kendrick and carried 5-0 to adjourn the
meeting at 8:22pm.
_____________________________ ______________________________
Brenda B. Reaves Kyle W. Puryear
Clerk to the Board Chairman