BOC Minutes November 4 2013
November 4, 2013
1
PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 4, 2013
MEMBERS PRESENT OTHERS PRESENT
Jimmy B. Clayton Heidi York, County Manager
Kyle W. Puryear C. Ronald Aycock, County Attorney
B. Ray Jeffers - ABSENT Brenda B. Reaves, Clerk to the Board
Frances P. Blalock
David Newell, Sr.
The Board of Commissioners for the County of Person, North Carolina, met in
recessed session on Monday, November 4, 2013 at 6:30 pm in the Commissioners’
meeting room in the Person County Office Building for the purpose of considering
appointment of individuals through an informal interview process with applicants of
competitive committee, boards, and commissions in Closed Session per General Statutes
143-318.11(a)(6).
Chairman Clayton called the recessed meeting to order. Vice Chairman Jeffers
was absent for the meeting in its entirety due to travel plans with NACo. Commissioner
Puryear was absent until 6:38 pm.
A motion was made by Commissioner Blalock and carried 3-0 to enter Closed
Session per General Statutes 143-318.11(a)(6) for the purpose of considering
appointment of individuals through an informal interview process with applicants of
competitive committee, boards, and commissions. The Closed Session was called to
order at 6:31 pm.
A motion was made by Commissioner Blalock and carried 4-0 to return to open
session at 6:45 pm.
A motion was made by Commissioner Puryear and carried 4-0 to recess the
meeting until 7:00 pm for the Board’s regular scheduled meeting at 6:45 pm.
Chairman Clayton called the 7:00 pm regular scheduled meeting to order and led
invocation. Chairman Clayton asked the boy scouts present in the audience from Mt.
Zion Boy Scout Troop 288 to lead the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Blalock and carried 4-0 to add an item to
the agenda for an appointment to the Jury Committee.
A motion was made by Commissioner Puryear and carried 4-0 to approve the
agenda as adjusted.
November 4, 2013
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INFORMAL COMMENTS:
There were no comments from the public.
Chairman Clayton recognized the boy scouts in the audience and asked they
introduce themselves. Ron Johnson, Scout Master stated the boy scouts are attending the
Board of Commissioners’ meeting to earn a citizenship in the community merit badge.
APPROVAL OF MINUTES:
A motion was made by Commissioner Blalock, and carried 4-0 to approve the
minutes of October 21, 2013.
TAX ADJUSTMENTS:
A motion was made by Commissioner Puryear, and carried 4-0 to approve the
Releases for the month of October, 2013 as well as the October 2013 NC Vehicle Tax
System pending refunds as presented.
NEW BUSINESS:
SITE ASSESSMENT REPORT FOR PERSON-DURHAM MULTI-
JURISDICTIONAL PARK:
County Manager, Heidi York told the Board of Commissioner that in 2012,
Person and Durham Counties completed a Feasibility Study for a Multi-Jurisdictional
Business Park Development. Ms. York stated the feasibility study was positive and the
two counties agreed to continue to pursue a joint development by following the key
recommendation from the study - to complete a site assessment process. The site
assessment was to yield cost information and a plan that would launch into the
development of a multijurisdictional business park. In early 2013, Person and Durham
Counties engaged Creative Economic Development Consulting to complete the site
assessment.
Ms. York introduced Crystal Morphis, Founder and CEO of Creative Economic
Development Consulting to present the site assessment identifying potential tracts,
evaluating options and providing future recommendations to the Board as well as to
provide some guidance on next steps.
The consulting team began the site assessment by reviewing the areas of
recommended focus from the Feasibility Study. Those areas were south of Roxboro
along Highway 15-501 and near the two-county border. After preliminary review was
complete, Person and Durham County staff, along with members of the consulting team,
contacted landowners of key large tracts to determine willingness to sell. These large
tracts would be necessary to anchor a park development. The results were unfavorable.
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Most landowners were unwilling to sell and of those that were willing to sell, a selling
price was indicated well above market price.
Staff and the consulting team expanded the area of review to include areas in
northeastern Orange County and areas in Person and Durham Counties close to the
Person-Durham-Orange border. Landowner inquiries were not favorable in terms of
willingness to sell and/or sell at a fair market price. Plus, this area was farther from
infrastructure which would require a large-scale development to make the return-on-
investment for infrastructure extension feasible.
Given the inability to find key large tracts of land available for sale in areas where
infrastructure extensions are cost-feasible, Creative EDC recommended that Person and
Durham Counties pursue business park developments individually at this time and/or
revisit the multi-jurisdictional park opportunity in a couple of years or if an opportunity
to develop emerges when a key tract of land becomes available or when infrastructure is
extended to areas that render a once unfeasible location feasible.
Ms. Morphis commended both Person and Durham Counties for thinking outside-
the-box noting a multi-jurisdictional park is one way for communities to leverage
resources in economic development to create a better, more marketable product and ideal
for two communities that share a transportation corridor, workforce and feasible utility
extensions from Roxboro.
Ms. Morphis stated Person County has individual opportunities around the
existing Person County Business and Industrial Center as well as areas in northern Person
County.
Ms. Morphis told the Board that the County Manager retains a list of the property
owners that were contacted during the site assessment.
DRUG AND ALCOHOL TESTING POLICY FOR PERSON AREA
TRANSPORTATION SYSTEM:
Person Area Transportation System (PATS) Manager, Kathy Adcock stated
NCDOT’s contractor, RLS & Associates conducted a review of PATS Drug and Alcohol
Testing Policy noting a need to update and revise. Ms. Adcock noted the policy has not
been updated since January 18, 2011 and was revised with a few changes in wording. Ms.
Adcock requested Board action to approve the policy.
A motion was made by Commissioner Puryear and carried 4-0 to approve the
Drug and Alcohol Testing Policy for Person Area Transportation System as presented.
November 4, 2013
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KIRBY REBIRTH PROJECT UPDATE AND REQUEST:
County Manager, Heidi York informed the Board that as the Kirby Rebirth
project led by Piedmont Community College is underway for the second floor of the
Kirby. Ms. York noted the major fundraising support by the community to support the
Kirby Rebirth project. Ms. York stated an assessment of the structure of the facilities
revealed termite damage to the footings under the Kirby Cultural Arts Complex (former
florist shop space). Ms. York noted the architects, MHAworks, have estimated a cost of
$110,000 to repair the damaged areas, plus an additional $10,000 in engineering fees
noting the repair work will need to be completed before any additional improvements are
made as this involves the foundation of the building.
Ms. York noted two options for the Board’s consideration: delay the project and
include this $120,000 in the Fiscal Year 2014-2015 Capital Improvement Plan; or
appropriate $120,000 from the County Fund Balance to allow this project to remain on
schedule.
Ms. York confirmed the repair of the damaged areas would be bid out. Ms. York
added that the $120,000 could also be considered as a part of any outside grant funding
that Dr. Bartlett is pursuing for the project.
General Services Director, Ray Foushee told the group MHAworks was awarded
the initial phase of the Kirby Rebirth project by the County which includes the electrical
upgrade and the elevator installation which is scheduled to be completed by the end of
the current fiscal year. Ms. York stated the County may rebid the second phase of the
project.
Commissioner Puryear stated his support to the project however opposed funding
MHAworks with county tax dollars after the way MHAworks has caused controversy in
Person County. Commissioner Puryear requested the County Attorney and Mr. Foushee
to review the contract for possible use of another architect firm.
Ms. York suggested that she, Mr. Foushee and the County Attorney, Ron Aycock
would review the current contract with MHAworks for a possible out and any such
impact with a penalty.
It was the consensus of the Board for the County Manager and the County
Attorney to review the contract with MHAworks on the Kirby Rebirth project and delay
action related to the request until the next Board meeting scheduled for November 18,
2013.
November 4, 2013
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APPOINTMENT TO THE BOARD OF ADJUSTMENT:
Chairman Clayton presented the application received from Felicia Swann for
Board consideration following the informal interview process held earlier at 6:30 pm.
Clerk to the Board, Brenda Reaves requested the Board to consider appointment
for a three-year term if the Board deems appropriate
A motion was made by Commissioner Blalock and carried 4-0 to appoint Felicia
Swann to the Board of Adjustment for a three-year term.
CDBG MONTHLY REPORTING:
County Manager, Heidi York presented to the Board the CDBG monthly activities
report and a Monthly Performance Status Report for October 2013 that is due to be
submitted to the Division of Community Assistance.
A motion was made by Chairman Clayton and carried 4-0 to accept the monthly
report as presented.
BUDGET AMENDMENTS:
Finance Director, Amy Wehrenberg presented and explained the following
Budget Amendments #6 and #7.
Upon a motion by Commissioner Puryear and majority vote (4-0), the Board of
Commissioners of Person County does hereby amend the Budget of the General Fund(s)
on this, the 4th day of November 2013, as follows per Budget Amendment #6 and
Budget Amendment #7:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety
75,000
Human Services
1,750
Transportation
21,144
REVENUES General Fund
Intergovernmental
34,967
Fund Balance Appropriation
62,927
November 4, 2013
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EXPENDITURES Person Industries & MRF Fund
Community Rehab Program Services
2,041
REVENUES Person Industries & MRF Fund
Intergovernmental Revenues
2,041
EXPENDITURES Airport Capital Construction Fund
Runway 6 Approach Clearing
(100,004)
Runway 6 & 24 PAPI Survey
(43,000)
Taxiway Lighting
(19,713)
REVENUES Airport Capital Construction Fund
Intergovernmental Revenues
(146,446)
Local Match Funds
(16,271)
EXPENDITURES Capital Improvement Projects Fund
County
(304,964)
Schools
(51,910)
PCC
(362,993)
REVENUES Capital Improvement Projects Fund
Intergovernmental Revenues
(117,465)
Other Revenues
(50,844)
Transfers from Other Funds
(414,903)
Fund Balance Appropriation
(136,655)
November 4, 2013
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Explanation:
Receipt of ROAP funds ($24,935); Receipt of unauthorized substance tax revenues
($12,073) and appropriation of fund balance in the Restricted Law Enforcement Fund to
cover local match for two grants (Highway Safety and Bulletproof Vest Grants) and other
eligible equipment purchases and upgrades ($62,927); Closing out completed Airport
projects for Runway 6 Approach Clearing (-$100,004), Runway 6 & 24 PAPI Survey (-
$43,000) and Taxiway Lighting (-$19,713); and Closing out completed CIP projects for
the County (-$304,964), Schools (-$51,910), and PCC (-$362,993).
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government
132,108
Public Safety
24,287
Economic Development
736
Environmental Protection
26,359
Education
99,137
Transportation
59,226
Cultural & Recreational
37,115
Human Services
63,841
REVENUES General Fund
Intergovernmental Revenues
63,584
Fund Balance Appropriated
379,225
EXPENDITURES Person Industries & MRF Fund
PI MRF
1,600
REVENUES Person Industries & MRF Fund
Fund Balance Appropriated
1,600
November 4, 2013
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Explanation:
Carry-forward of purchase orders and commitments outstanding as of June 30, 2013.
APPOINTMENT TO JURY COMMITTEE:
Chairman Clayton stated this item was added to the agenda related to a current
vacancy on the Jury Committee and that the Clerk of Court, Deborah Barker has called
upon the Board of Commissioners to recruit, nominate and appoint an individual to fill
the vacancy so that the duties to complete the jury pool can be fulfilled during the month
of November.
A motion was made by Commissioner Puryear and carried 4-0 to nominate for
appointment, Lois Winstead, if she would be willing to serve.
CHAIRMAN’S REPORT:
Chairman Clayton stated Vice Chairman Jeffers was in Nebraska participating in
a NACo Agriculture Committee meeting.
Chairman Clayton made the Board members aware that the state of NC has
passed to the counties the expenses of buying and installing littering signs.
Commissioner Newell stated the law prohibiting littering is valid with or without the sign
noting individuals should obtain a violator’s license plate number for enforcement.
MANAGER’S REPORT:
County Manager, Heidi York stated the Economic Development Commission will
be hosting a Listening Tour with NC Commerce Secretary Sharon Decker on
Wednesday, November 6, 2013 in the S100 room at Piedmont Community College
starting at 3:30 pm to 5:00 pm. City and County elected officials have been invited to
attend to share ideas on priorities for North Carolina’s Ten-Year Economic Development
Plan. Ms. York encouraged all Board members to RSVP and attend if possible.
Ms. York noted the alternate date for a joint meeting with City Council was
communicated with the City Manager. Ms. York stated the City Manager advised the
Mayor has decided a joint meeting between both governing bodies is not a good idea at
this time.
November 4, 2013
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COMMISSIONER REPORT/COMMENTS:
Commissioner Newell asked staff what other projects is the County working on
with MHAworks besides the proposed Senior Center and the Kirby Rebirth. County
Manager, Heidi York offered to review all County capital projects to confirm if
MHAworks had been awarded any contracts however she could not think of any at the
time.
A motion was made by Commissioner Newell and carried 4-0 to stop any work
with MHAworks that can be stopped/suspend all activity until the Board can discuss
further.
Ms. York stated she would provide to the Board a summary of any contracts with
MHAworks and the possible outs and/or impacts with penalties.
Commissioner Blalock stated the Helena Steering Committee would soon be
issuing a public survey for input as well as scheduling a community meeting.
Commissioner Blalock inquired about laws related to hunting on Sundays.
Chairman Clayton and Staff advised that the only hunting allowed on Sunday mandates
the use of archery equipment however noting that target practice is permissible. County
Attorney, Ron Aycock added that counties do not have the authority to regulate laws in
the area of hunting that such is governed by General Assembly. Commissioner Newell
suggested she advise individuals to call the game warden with complaints.
Commissioner Puryear advised staff that the meeting was not being streamed live
on the internet and requested staff to post the video for viewing as soon as possible.
General Services Director, Ray Foushee updated the Board that he did remember
a replacement window project that MHAworks is working on at Oak Lane School.
November 4, 2013
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ADJOURNMENT:
A motion was made by Commissioner Newell and carried 4-0 to adjourn the
meeting at 7:51 pm.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman