BOC Minutes September 17 2010
September 17, 2012
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PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 17, 2012
MEMBERS PRESENT OTHERS PRESENT
Jimmy B. Clayton Heidi York, County Manager
Kyle W. Puryear C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Samuel R. Kennington
Frances P. Blalock
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, September 17, 2012 at 9:00 a.m. in the Commissioners’
meeting room in the Person County Office Building.
Chairman Clayton called the meeting to order, led invocation and asked
Commissioner Kennington to lead the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock and carried 5-0 to add to the end of the agenda an item for the County Attorney
to update the Board on Force Protection as well as to approve the agenda as adjusted.
RESOLUTION OF APPRECIATION:
It was the consensus of the Board for Chairman Clayton to read and present the
following Resolution of Appreciation to Person County retiree, Judith Casseday.
County Manager, Heidi York announced Eaton Corporation was chosen as the
Employer of the Year by the Arc of NC on behalf of the Person Industries’ (PI)
nomination recognizing the community partnership and the many PI workers at Eaton.
Eaton will receive their award on September 22, 2012 in Wilmington, NC.
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PUBLIC HEARING:
REQUEST TO REZONE TAX MAP 102 PARCEL 149 ON PATTERSON DRIVE
ADJACENT TO MEADOWBROOK SUBDIVISION AND OPTIMIST PARK
FROM RESIDENTIAL TO RURAL CONSERVATION:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 5-0 to open the duly advertised Public Hearing for a request to
rezone Tax Map 102 Parcel 149 on Patterson Drive adjacent to Meadowbrook
Subdivision and Optimist Park from Residential to Rural Conservation.
Planning Director, Paula Murphy stated the county has received a request to
rezone Tax Map 102 Parcel 149 on Patterson Drive between Optimist Park and
Meadowbrook Subdivision from Residential to Rural Conservation (RC). If rezoned, all
land uses permitted in the RC District will be allowed. The general intent of the RC
District is to provide for only limited land use controls in areas with limited
nonagricultural development.
Ms. Murphy noted the proposed rezoning request is for a 16.93 acre parcel. Ms.
Murphy highlighted the location of the parcel discussed on a larger map in the Board
room. Ms. Murphy further noted access to the site is on Patterson Drive and there are no
one hundred year flood areas on the property. It is located within the Flat River Balance
of Watershed WSIII which allows 1 dwelling unit per .5 acre or 24% built upon with a
maximum of 70%. The property is also governed by the Falls Lake Stormwater Rules.
Stormwater controls are required for any disturbance over one half acre for single family
residential and 12,000 square feet for commercial, industrial, or multi-family.
Ms. Murphy stated City water and sewer are available to the site. The surrounding
areas are residential in nature, other than, Optimist Park with the City limits being to the
East on Patterson Drive. Ms. Murphy noted typical uses permitted by right in the RC
District are as follows: ABC store, retail sales, banks, bowling alley, carwash,
convenience store, dry cleaners, single family dwelling, multi-family dwellings, fire
station/law enforcement center, funeral home, golf course, nursery (plants), professional
office, construction trades, etc. Ms. Murphy noted there are many other uses allowed
with a Special Use Permit such as auto repair, electrical generating facility, Industrial
operations, Mobile Home Park, private recreation for profit, asphalt production, planned
building group, etc. The uses allowed with a Conditional Use Permit are private or public
school (elementary, secondary, or higher level), flammable storage or coal by product
storage. If the property were to remain residential, the following uses would be permitted
by right: single family dwelling, Class “A” and Class “B” manufactured homes, modular
homes, family care homes, nursery operations, horse stables, etc. The Residential district
allows other uses by either a special use permit or a conditional use permit. Some uses
allowed with a special use permit are multiple family dwellings, Mobile Home Park, non-
hazardous solid waste disposal, planned building group, quarry operations, private
recreation for profit, airport operations and transmitting towers. Uses allowed with a
conditional use permit are ambulance or rescue service, antique shops, bed and breakfast,
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camping area, commercial cemetery, church, medical and dental clinics, club or lodges,
convenience store, day care center, two family dwelling, garage apartments, funeral
home, golf course, hospital, library, professional office, rest home and schools.
Ms. Murphy stated the Person County Land Use Plan’s “Future Land Use Map”
shows this area as Suburban Residential. It is defined as residential land uses including
subdivisions and manufactured home parks at densities of 1-3 dwelling units per acre;
commercial, office, industrial, public/institutional uses meeting locational criteria.
Section 160-5(B) of the Zoning Ordinance states: The Planning Board shall
provide a written recommendation to the Board of County Commissioners that addresses
that the proposed amendment is consistent with the comprehensive plan, but a comment
by the Planning Board that a proposed amendment is inconsistent with the comprehensive
plan shall not preclude consideration or approval of the proposed amendment by the
Board of County Commissioners. Prior to adopting or rejecting any zoning amendment,
the Board of County Commissioners shall adopt a statement describing whether its action
is consistent with an adopted comprehensive plan and why such action is reasonable and
in the public interest.
The Land Use Plan has Goals and Objectives for future land development within
the County. The following items are listed within this section:
1.0 Promote an orderly and efficient land use development pattern, which allows for a
variety of land uses while being sensitive to environmental concerns.
2.1 Promote continued economic investment through retention and expansion of
existing industrial concerns and the recruitment of new industries and
commercial businesses.
2.1.5 Identify non-residential development – office, commercial and industrial –
locations based on access and proximity to US 501, railroad corridors, and other
major transportation infrastructure.
2.2 Encourage well-planned commercial establishments to provide necessary goods
and services to area employers and residents.
2.2.1 Encourage development of small service-oriented commercial activities only at
existing intersections or median crossovers on US 501 and other major
thoroughfares.
Ms. Murphy stated the properties immediately adjacent are all zoned Residential
noting there is some B-1 (Highway Commercial) zoned property at the intersection of
Patterson and Hurdle Mills and RC zoned property on Bessie Daniels Road.
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Ms. Murphy told the Board an article on Spot Zoning from the Institute of
Government, and a map showing the property in question and surrounding properties was
included in the Board packet noting there are four factors in determining a reasonable
basis for spot zoning. They are as follows:
1. Size of tract. The general rule is the smaller the tract, the more likely the rezoning
will be held invalid.
2. Compatibility with Plan. Need to see if the rezoning fits into a larger context
involving rational planning for the community.
3. Benefits and Detriments. Who benefits and who is harmed from the rezoning.
Need to look at the property owner and the neighbors.
4. Relationship of Uses. Need to look at the relationship between the proposed uses
and the current uses of adjacent properties.
Ms. Murphy stated the Planning Board held a Public Hearing on August 30, 2012
and voted 4 to 0 to recommend approval of the rezoning request and that it was in
keeping with the land use plan.
Commissioner Kennington asked Ms. Murphy if there were any objections during
the Planning Board meeting. Ms. Murphy stated the Planning Board did not receive any
objections and that many neighbors spoke directly with the developer. Ms. Murphy
stated the proposed use would be a veterinary office.
There were no individuals appearing before the Board to speak in favor or in
opposition to the request to rezone Tax Map 102 Parcel 149 on Patterson Drive adjacent
to Meadowbrook Subdivision and Optimist Park from Residential to Rural Conservation.
A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear, and carried 5-0 to close the Public Hearing for a request to rezone Tax Map 102
Parcel 149 on Patterson Drive adjacent to Meadowbrook Subdivision and Optimist Park
from Residential to Rural Conservation.
CONSIDERATION TO GRANT OR DENY REQUEST TO REZONE TAX MAP
102 PARCEL 149 ON PATTERSON DRIVE ADJACENT TO MEADOWBROOK
SUBDIVISION AND OPTIMIST PARK FROM RESIDENTIAL TO RURAL
CONSERVATION:
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers, and carried 5-0 to approve the request to rezone Tax Map 102 Parcel 149 on
Patterson Drive from Residential to Rural Conservation noting it was in keeping with the
land use plan.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Patrick Riley of 256 Hicks Yarboro Road, Roxboro addressed the Board on
two issues: 1) regarding his tax cases, under, GS 105-345(c), requested a motion for the
Property Tax Commission (PTC) to re-hear the tax cases for 2010 and 2011 based on the
exceptions to the final judgment noting if the PTC will not re-hear the cases, then it may
go before the NC Court of Appeals, further noting a re-hearing before the PTC will have
a minimal costs for Person County and for him which is his preference as a tax payer and
landowner, and 2) related to the unfair burden placed on farmers with the Falls Lake
Ordinance “each parcel of land in Person County will be listed separately and charged for
each parcel”, and requested that farms listed as separate parcels with adjoining parcels of
land be treated as a single parcel so that farmers and other applicable land owners can be
treated fairly.
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemount thanked Chairman Clayton
and Commissioners Blalock, Kennington and Jeffers for recent appointment of the
Economic Development Committee as well as County Manager, Heidi York in the
naming of a new Director and her hard work. Ms. Blalock stated recent criticism in the
press for the Commissioners and the County Manager is unwarranted and unprecedented.
Ms. Blalock advocated for economic relief through recycling by earning $115 per ton of
recycled waste which increases jobs and hires the handicapped compared to landfill waste
earning $2 per ton without added jobs. Ms. Blalock suggested added recycling revenue
could increase teacher supplements or build the new senior citizen center which, in her
opinion, was not needed.
Mr. Leigh Woodall of 200 Reade Drive, Roxboro stated the Board of
Commissioners destroyed the integrity and rapport developed over decades with the
firing of the Economic Development Board on August 20, 2012 with a 4-1 vote. Mr.
Woodall noted many citizens enjoy employment opportunities made possible by efforts
of former economic development boards. Mr. Woodall voiced strong suspicions that the
Boards’ actions on August 20 violated the state open meetings law inferring that the
County Attorney could easily point the Board to remedy its transgressions. Mr. Woodall
continued to explain that a Superior Court Judge, upon finding that a violation of the law
has occurred could declare the action taken by the public body to be null and void. Mr.
Woodall suggested the Board objectively re-examine the August 20 decision and
voluntarily agree to reverse said action. Mr. Woodall stated the Board has brought
disgrace and dishonor to Person County and requested the Board to correct its wrong
before being challenged in a court of law.
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Mr. Kenny Rickman of 3936 Allensville Road, Roxboro made comments related
to the recent Board action involving the economic development board process, offering a
public apology to Chairman Clayton for a previous discussion as well as noted his
confidence in the County Attorney as a competent attorney, one who would not advise
the Board in a way to that would end up in court. Mr. Rickman told the group that he had
not always agreed with the actions of the Board of Commissioners, however, he does not
think their actions are malicious with intent to hurt the county or its citizens.
APPROVAL OF MINUTES:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 5-0 to approve the minutes of August 20, 2012.
TAX ADMINISTRATIVE REPORT:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 5-0 to approve the Tax Administrative Report noting the Releases
for the month of July, 2012.
OLD BUSINESS:
FOLLOW-UP PRESENTATION OF THE PERSON COUNTY RECREATION
AND SENIOR CENTER PROJECT FEASIBILITY STUDY:
County Manager, Heidi York stated at the Board’s August 6th meeting, a draft
Feasibility Study was presented and feedback was provided by the Board to include an
itemized list of add-ons and the cost for each. Additional citizen input and feedback were
solicited and received since the August presentation with the follow-up presentation to
include changes based on that input. Ms. York noted she and staff have analyzed the
operating costs to present to the Board.
Mr. Michael Hining of MHA Works presented the Board with the changes to the
proposed Recreation and Senior Center using the existing facilities at Huck Sanbury plus
new construction based on input received from the Board and the community. The
follow-up changes included enclosing the walking track, the addition of a gym, one
racquetball court, a splash pool, as well as shifting the dining hall space and squaring off
the building for additional square footage for dedicated senior space to increase activity
rooms.
Recreation, Arts & Parks Director, John Hill confirmed public feedback has
guided the process.
Mr. Hining directed the Board’s attention to page 21 of the presentation for the
project budget for the base project as well as the add-on potential components.
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Assistant County Manager, Sybil Tate spoke to the group related to estimated
revenues and expenditures noting the majority of the revenues are due to membership
fees with other revenues from rentals, open swim and a variety of classes. Mr. Hill stated
through research of similar facilities as well as actual participation in current recreation
program provided a conservative projection of 200 memberships. Ms. Tate stated the
extra liability insurance per year will cost $2,400 based on the value of the building and
pool. Ms. York illustrated the existing Huck Sansbury revenues/expenditures with the
new proposed base project revenues/expenditures as follows:
Existing Huck Sanbury New Base Project Combined
$134,421 revenues $107,305 revenues $241,736 revenues
$233,280 expenditures $278,481 expenditures $511,751 expenditures
-$ 98,849 net -$171,176 net -$270,025 net
Vice Chairman Puryear stated his reservations for the proposed project to
compete with local business owners. Mr. Hill stated the new facility will not offer the
exact same sports, fitness club weight lifting or modified strength training but more
recreational family use noting he did not feel it will be a direct competition.
Mr. Hill told the group that he will be applying for NC Parks and Recreation Trust
Fund (PARTF) grant. Mr. Hill noted the PARTF grant, if awarded, would be $500,000
with an equal county match and eligibility for two grant awards (one award per year).
Ms. York added that in addition to any grants, other funding options include general
obligation bonds or a private bank financing.
Commissioner Blalock advocated recycling to make additional revenues to be
used to offset expenses for the recreation/senior center and/or for the schools.
Commissioner Blalock noted $115 is received per ton of recycling compared to $2 per
ton at the landfill and illustrated the potential in revenue if half of Person County’s waste
is recycled. Commissioner Blalock noted her support of a proposed recycling ordinance
that she will present to the Board later in the meeting. Vice Chairman Puryear pointed
out $250,000 is paid from the general fund for the Person County Recycling Center
(MRF).
Commissioner Kennington asked about any possible partnership with Person
Memorial Hospital related to the pool(s). Mr. Hill stated the architect has potential
partners in the plan. Ms. York added she will have follow-up conversations with the
hospital noting there has already been interest as well as a possible grant opportunity to
off-set construction costs.
Commissioner Jeffers stated grants are not feasible until the design process has
been completed. The design fees are included in the Project Budget worksheet in the
packet noting the design fees are at approximately 8.5% of the total project amount.
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Commissioner Blalock asked the Board to consider some of the add-ons at a
possible satellite location, i.e. old Helena site.
Ms. York stated the next step for the Board is to define the scope of the project,
issue a competitive RFP and have official drawings produced.
Commissioner Jeffers stated support for the base project as outlined with add-on
of the splash/therapy pool and the enclosed walking track as Phase I. Commissioner
Jeffers suggested the remaining add-on items: Critcher-Wilkerson site, skate park,
racquetball court and additional gym to be considered at a later date in a phasing process.
Commissioner Jeffers noted his full support to the project, reiterating the project as a top
priority of the Person Future’s Strategic Plan and Roundtable Group, further noting the
increasing aging population. Commissioner Jeffers told the group the project is economic
development and enhances quality of life for citizens.
Mr. Hining stated the Board would have two options: 1) design all items up front
and phase it as the county sees fit, or 2) plan for addition later and only design upfront the
base project/Phase I items.
Commissioner Kennington stated support to bid all the phases upfront, especially
the Crither-Wilkerson site and additional gym. Due to the current field at the Sansbury
site would be slightly smaller in size in the base project design (a non-regulation size
field), Commissioner Kennington advocated for the Critcher-Wilkerson site to be
included.
Commissioner Blalock stated her vote would be in opposition until the Board of
Commissioners considers a Recycling Ordinance so that gained revenues could help fund
the project. Commissioner Blalock noted support of such a facility but concerned over
the financing with the 10% unemployment rate and urged the Board to consider a lot of
things in the planning process.
Commissioner Kennington noted his support of the effort of recycling with the
hope of generating additional revenues to offset costs for such projects but the motion
will carry the project to the next step with the option to continue to move forward to stop
the process.
Vice Chairman Puryear stated his opposition to the project due to the double digit
unemployment rate and he did not see the benefit for an opportunity for jobs and
improvement of the local economy.
Chairman Clayton stated his support to moving forward to the next in the process.
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A motion was made by Commissioner Jeffers, seconded by Commissioner
Kennington, and carried 3-2 to direct staff to move ahead to the design stage and to
define the scope of the base project (Phase I) as New Construction at the Huck Sansbury
site, 21,000 Sq. Ft. @ $125/SF, Renovate Existing Annex Building, 10,400 Sq. Ft. @
$50/SF, Air Condition Existing Gymnasium, 10,000 Sq. Ft. @ $5/SF, Site Work and
Amenities, Splash/Therapy Pool New Construction 3,400 Sq. Ft. and new construction of
an enclosed Track, as well as to include for future phasing, the Critcher-Wilkerson site
and the additional gym. Vice Chairman Puryear and Commissioner Blalock cast the
dissenting votes.
NEW BUSINESS:
FEASIBILITY STUDY FOR A POTENTIAL JOINT PERSON-DURHAM
MULTI-JURISDICTIONAL BUSINESS PARK:
County Manager, Heidi York introduced Ms. Crystal Morphis of Sanford
Holshouser, to present to the Board the results of a feasibility study for a joint multi-
jurisdictional business park with Durham County focusing on the southern end of Person
County and the northern end of Durham County. Ms. York stated Ms. Morphis presented
the same results to the Durham County Board of Commissioners recently.
Ms. Morphis stated their work over the last several months investigated a future
economic development opportunity which would be a joint effort between Person and
Durham counties noting the feasibility study looked to:
Evaluate existing business/industrial parks in Durham and Person Counties;
Review land use plans for a development area for a Person-Durham multi-
jurisdictional park;
Evaluate infrastructure (water, sewer, electric, transportation, natural gas, and
telecommunications) capacity to serve a park development; and
Review the current target sectors of Person and Durham Counties, Research
Triangle Region, and adjoining counties close to the sites reviewed to determine
which targets would most likely find the multi-jurisdictional park attractive
Ms. Morphis shared the following presentation with the group:
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Ms. Morphis stated the report was shared with the Durham County
Commissioners on September 5, 2012. Ms. Morphis noted the Durham Board wanted to
know how this proposed park may be different from other parks developed in Durham
County to complement other development as well as the acreage for the site. Ms.
Morphis further noted the Durham Board authorized their Manager to proceed with the
next phase of site identification. The site assessment study is estimated to cost $30,000
which would be a 50/50 split between both counties.
Commissioner Blalock asked about consideration for a third entity, i.e. Orange
County to be involved with such multi-jurisdictional park. Ms. Morphis gave the Board
examples of multi-jurisdictional parks and their success noting it is a viable option to
have multiple entities work jointly however challenging. Ms. Morphis stated the key
element in successfully developing an economic business park is keeping the focus on
job creation.
Ms. York recommended that the Board authorize the Manager to move forward
and begin to identify possible sites for a joint Person-Durham business park noting
Durham County suggested holding a joint meeting following the site assessment study to
further evaluation of the specific site with the pros and cons of such site.
A motion was made by Commissioner Kennington, seconded by Commissioner
Jeffers, and carried 5-0 to authorize the County Manager to move forward with the site
assessment study for the multi-jurisdictional park with Durham County.
VOICE INTEROPERABILITY PLAN FOR EMERGENCY RESPONDERS
(VIPER) LEASE AGREEMENT:
County Manager, Heidi York requested the Board to review the Ground Lease
Agreement, a Sublease Agreement and a Memorandum of Lease allowing the State of
NC to construct a 280’ self-supported communications tower on property owned by
Person County Government located on Critcher Wilkerson Road.
Ms. York highlighted the following terms included in the lease agreements:
25-year initial term lease (for $1.00) (September 1, 2012-August 31, 2037) with a
30-day right to terminate clause
Automatic 25-year renewal of initial term lease (unless the State of North
Carolina elects not to renew and provides a 60-day written notice)
Ground lease agreement allows for 0.05 acres or approximately 2,262 sq. ft. of
space to be utilized at the Critcher Wilkerson location to be used for a
communications tower, equipment building, concrete generator pad, and secured
fencing (for the primary purposes of providing VIPER communications
capability)
Per the agreement, the State requires a proposed 12’ gravel drive for access and
utility easement
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The State will self-insure and maintain its tower, equipment, utility charges, repair
of damages (except those caused by negligent or wrongful acts or omissions of
Person County Government or its contractors and agents) and any other related
communications equipment and property of the State
Person County has the opportunity to have their equipment co-located on the
tower
Emergency Services Director, Wes Lail stated the communications tower would
provide application for all Person County emergency services agencies to operate on a
state-maintained 800 MHz radio system. Currently, these emergency response agencies
have very limited capability with operating in this system—a system that is being utilized
by neighboring counties and by state agencies such as NC Highway Patrol, NC Division
of Emergency Management, etc.
Ms. York told the Board the current tower located on Hill Street is taller than the
one proposed by the State and Person County has no current plans to remove county-
owned equipment from that tower.
Commissioner Kennington asked Mr. Hill, Director of Arts, Parks & Recreation if
the tower would have any negative impact on any future use of that property. Mr. Hill
stated he did not foresee any negative impact.
Ms. York requested the Board to authorize the County Manager to execute the
agreements as presented.
A motion was made by Commissioner Blalock, seconded by Vice Chairman
Puryear, and carried 5-0 to authorize the County Manager to execute the Ground Lease
Agreement, a Sublease Agreement and a Memorandum of Lease as presented.
PERSON COUNTY NON-SMOKING ORDINANCE:
Health Director, Janet Clayton told the Board that on February 27, 2012, the
Person County Board of Health recommended the prohibition of tobacco products on all
County grounds. On March 7, 2012, the Person County Recreation Advisory Board
voted in support of the prohibition of smoking on County grounds. Ms. Clayton stated a
work group was formed consisting of Ron Aycock, County Attorney, John Hill, Director
of Arts, Parks & Recreation, Angie Warren, Director of Human Resources and herself.
On behalf of the work group, Ms. Clayton presented the Board with a proposed non-
smoking ordinance and requested the Board to consider beginning the process to the
adoption of the proposed non-smoking ordinance including scheduling a public hearing
for citizen input.
Ms. Clayton outlined the exceptions listed in the proposed non-smoking
ordinance:
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(c) Exceptions. This ordinance does not restrict or prohibit smoking in the following
places:
(a) The County Court House and the Grounds around it
(b) Recreation Camp Sites
(c) Bushy Fork Grange Building
(d) Piedmont Community College buildings and grounds
(e) County parking lots
Ms. Clayton confirmed there is a prohibition of smoking inside the County Court
House as well as inside the Grange Building and those two should not be listed as an
exception and the proposed ordinance would need to be corrected.
Ms. Clayton noted the penalty for violation is by a fine of not more than $50.
There is no consequence for conviction or any assessed court costs.
Commissioner Jeffers inquired about designating smoking areas at ball fields
pointing out patrons pay $1 for admission to the game and would be asked to exit the
game to smoke in the parking lot. It was the consensus of the group that smoking should
not be allowed in the dug-out or bleacher/spectator areas. Mr. Hill added the parking lots
were chosen as the exception and the most relevant to the location of all the facilities.
Mr. Hill further added that enforcement would be carried out through staff on-site and/or
through law enforcement.
It was the consensus of the Board for staff to revise the proposed non-smoking
ordinance to determine and define locations of designated smoking areas in a site by site
analysis.
RESOLUTION APPROVING AN INSTALLMENT FINANCING CONTRACT
AND OTHER DOCUMENTS AND PROVIDING FOR CERTAIN MATTERS IN
CONNECTION WITH THE FINANCING OF A PORTION OF THE COSTS OF
VARIOUS CAPITAL IMPROVEMENTS:
Finance Director, Amy Wehrenberg requested Board consideration to approved a
Resolution approving an Installment Financing Contract and other documents and
providing for certain matters in connection with the financing of a portion of the costs of
various capital improvements.
Ms. Wehrenberg stated the Resolution set forth sections as follows:
Preamble: The final approval of documents associated with the plan to finance
the Project using Qualified School Construction Bonds (QSCBs) and with the
conveyance of Southern Middle School to the County as collateral.
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1. States that the County and Board of Education have agreed to finance a
portion of the cost for this Project for which each has found it necessary and
desirable to provide improved educational facilities for the citizens of Person
County.
2. To finance a portion of the cost to re-roof Southern Middle School and a
portion of Person High School for $3,132,537.50 as a taxable direct payment
under the restrictions of the QSCBs.
3. Sets forth the requirement that the Board of Commissioners approve and
receive copies of the installment financing contract and associated documents
related to this financing to be finalized.
4. Lists the financing documents that were included in the Board packets for
review, including (a) the Installment Financing Contract between the County
and BB&T, the lending institution, that sets up the arrangement for the
advancement of funds to the County to be repaid in installments until the debt
is paid; (b) the Deed of Trust which allows for the ownership of Southern
Middle School as security for the County's obligation to repay the Loan
Amount; (c) an Administrative Agreement between the County and the Board
of Education which authorizes the conveyance of Southern Middle School and
the improvements described; and (d) the Lease between the County and Board
of Education to lease Southern Middle School to the Schools and the
improvements for the duration of the loan as part of the plan to finance the
costs.
5. That the Board finds and determines that it is in the best interest of the County
to enter into these financing agreements in order to proceed with the financing
of the cost of the Project.
6. Designates and authorizes certain County officials to represent the County in
the execution and delivery of final financing documents to the appropriate
parties with any changes that are deemed necessary and appropriate, and that
the final Installment Payment take place no later than December 31, 2027 and
does not exceed $3,132,537.50.
7. The resolution is effective upon its passage by the Board.
Vice Chairman Puryear requested the Board to recuse him from the vote due to
fact the lending institution is his employer.
A motion was made by Commissioner Kennington, seconded by Commissioner
Blalock and carried 5-0 to allow Commissioner Kyle W. Puryear to recuse himself from
the vote.
A motion was made by Commissioner Blalock, seconded by Commissioner
Kennington, and carried 4-0 to adopt a Resolution approving an Installment Financing
Contract and other documents and providing for certain matters in connection with the
financing of a portion of the costs of various capital improvements as presented.
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PERSON COUNTY RE-ROOFING PROJECTS FOR SCHOOL BUILDINGS
CAPITAL PROJECT ORDINANCE:
Finance Director, Amy Wehrenberg presented the Board with a Capital Project
Ordinance for the re-roofing projects at Southern Middle School and Person High School.
Ms. Wehrenberg stated the approval of the Capital Project Ordinance allows for the
creation of this Project on the County's books and includes final estimated revenues and
expenditures after construction and engineering bids have been received and awarded.
The projected total for this Project is estimated to be $3,208,092, most of which is
sourced from debt proceeds in the amount of $3,132,538. The remaining revenues of
$75,554 are included as a transfer from the County's CIP Fund to help support the
projected expenditures for any contractual amendments and overages that may occur.
A motion was made by Commissioner Kennington, seconded by Commissioner
Blalock, and carried 5-0 to approve the Capital Project Ordinance for the re-roofing
projects at Southern Middle School and Person High School.
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It was the consensus of the Board to have a brief break. Chairman Clayton
announced a brief recess at 11:22 am. The Board reconvened the meeting at 11:29 am.
ACCEPT SCHEDULE OF VALUES AND SET PUBLIC HEARING:
Tax Administrator, Russell Jones stated the 2013 revaluation is on schedule and
approximately 90% complete. Mr. Jones stated the Tax Office has been working on the
revaluation for the last couple of years and have reviewed most of the 26,000 parcels.
Mr. Jones noted several changes to the schedules, such as updated depreciation tables,
land schedules, SFD grades, code changes, etc., has been made as well as the Present
Use-Value schedules have been changed to coincide with the recommendations from the
NC Dept. of Revenue.
Mr. Jones asked the Board to keep in mind the schedule of values will have to
hold through 2017 noting the goal of Ad Valorem Property taxation is to remain as close
to market as possible. As a part of the Revaluation process, Mr. Jones stated the
Schedule of Values must be presented to the Board, a Public Hearing scheduled, and the
Schedule of Values approved. Mr. Jones told the group a copy of the Schedule of Values
is available in the Assessor’s office for public review, an electronic copy was included
with the Board’s agenda packets, and a copy has been posted on the county website.
Mr. Jones requested the Board to schedule a public hearing for October 1, 2012 at
7:00 pm as well as set October 15, 2012 as a date that the schedules will be considered
for approval noting this schedule will allow the Tax Administrator the time necessary to
meet the advertising guidelines as required by General Statutes as well as a 30-day period
of time to appeal at the state level.
Mr. Jones stated notices of value, in the form of a letter with an appeal form
attached, will be mailed to all property owners around January 1, 2013.
Mr. Jones stated the results of the revaluation for the total value of the county
show an insignificant change.
Commissioner Kennington suggested the Tax Administrator to explain revenue
neutral to the new Board in a revaluation year. County Manager, Heidi York stated the
upcoming Community Conversations meeting would be a good time to discuss that topic.
Commissioner Kennington complimented Person County’s ability to maintain the same
tax rate for seven years and provide services with limited growth during the economy.
A motion was made by Commissioner Kennington, seconded by Commissioner
Blalock, and carried 5-0 to accept the Schedule of Values being available as well as
schedule a public hearing for October 1, 2012 at 7:00 pm and place on the October 15,
2012 Board agenda the Schedule of Values for consideration for approval.
September 17, 2012
32
PROCLAMATION –CARES ENOUGH TO WEAR PINK DAYS:
A motion was made by Commissioner Kennington, seconded by Commissioner
Jeffers, and carried 5-0 to adopt the Proclamation “Cares Enough to Wear Pink Days” as
read by Chairman Clayton.
September 17, 2012
33
RESOLUTION – CRAVEN COUNTY 300TH ANNIVERSARY:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 5-0 to adopt a Resolution recognizing Craven County’s 300th
Anniversary as read by Chairman Clayton. Commissioner Kennington requested the
County Manager to mail a copy of the adopted Resolution to each Craven County
Commissioner and the original to the Craven County Manager.
September 17, 2012
34
BUDGET AMENDMENT:
Finance Director, Amy Wehrenberg presented and explained the following
Budget Amendment.
Upon a motion by Commissioner Jeffers, and a second by Vice Chairman Puryear
and majority vote (5-0), the Board of Commissioners of Person County does hereby
amend the Budget of the General Fund(s) on this, the 17th day of September 2012, as
follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 134,916
Public Safety 49,030
Transportation 21,840
Economic Development 2,503
Environmental Protection 314
Human Services 13,468
Culture & Recreation 3,735
Contingency (229,718)
Transfer to Other Funds 5,277
Person Industries & MRF Fund
Person Industries 4,334
PI MRF 943
Airport Capital Construction
Project Fund (1,219,642)
REVENUES General Fund
Other Revenues 1,365
Person Industries & MRF Fund
Transfer from Other Funds 5,277
Airport Capital Construction
Project Fund
Intergovernmental Funds (1,097,679)
Investment Income (121,963)
September 17, 2012
35
Explanation:
Appropriating the transactions needed to transfer the cost associated with the property
and liability insurance from the Contingency Insurance line (-$229,718) along with the
interfund transfers to various departments in the General Fund ($229,718) and transfers
to Person Industries Fund (5,277); donations received in the Library Fund for program
supplies ($1,365); and the closeout of four Airport projects including the Approach
Lighting, 2007 & 2008 Vision, and Runway Approach Survey projects in the Airport
Capital Construction Fund (-$1,219,642).
FORCE PROTECTION UPDATE:
County Attorney, Ron Aycock stated in August, 2007, the Board of
Commissioners agreed to an appropriation of $1.1 million as incentive to Force
Protection to locate in Person County noting that incentive agreement had requirements
of Force Protection to provide a capital investment of $30 million, 150 employees within
24 months and 270 employees within 48 months. Mr. Aycock noted the agreement also
included a provision, often called a claw-back provision, which is required by the law
that if Force Protection does not meet the required goals, then some or all of the incentive
funds must be returned.
Mr. Aycock stated in 2007 continuing to the present the primary economic
development vehicle is the Person County Business Industrial Council (PCBIC) where in
fact the $1.1 million appropriation was made to PCBIC. PCBIC, a non-profit was the
primary contractor with Force Protection. The Board of Commissioners Chair signed the
incentive agreement acknowledging the appropriation of $1.1 million incentive as well as
the authority of PCBIC to enter into the incentive agreement.
Mr. Aycock stated Force Protection never reached the goals in the contract and
was ultimately sold to General Dynamics. General Dynamics seceded to the obligations
of Force Protection and once a settlement was negotiated to return a portion of the
incentive, it was with General Dynamics.
Mr. Aycock stated the law requires for the Board of Commissioners to disclose
the final results of the negotiated settlement as a satisfaction of the requirement. The
settlement is for a total of $650,000.00 with $598,051.34 as the portion of the settlement
allocated to the incentive return. In addition, $51,948.66 will be paid to Person County in
property taxes. The calculated investment realized in Person County was approximately
$15 million and about 30 employees. Mr. Aycock reported to the group that a settlement
has been reached with the settlement agreement signed, legally binding General
Dynamics to pay the amounts indicated. The checks, as of September 14, 2012, had not
been received and were expected in the mail any day.
September 17, 2012
36
Commissioner Kennington confirmed with Mr. Aycock that the difference
between the $1.1 million incentive and the $650,000.00 claw-back is that Force
Protection did meet some of the stipulations with the $15 million investment (less
equipment) remaining in Person County, reporting errors and ineligible expenses
incurred.
The group discussed consideration of requesting PCBIC to return the incentive
pay-back to the county fund to possibly be used for future economic development.
Chairman Clayton stated he would relay the Board’s comments to the next Economic
Development Commission (EDC)/PCBIC meeting scheduled for September 20, 2012 at
8:00 am. Chairman Clayton stated the Board changed the structure of the EDC to have
more oversight and to hold monthly meetings.
CHAIRMAN’S REPORT:
Chairman Clayton recognized Patrice Roesler, Deputy Director of the NC
Association of County Commissioners and Jason King, Associate Director of Education
with the NC Association of County Commissioners both present in the audience.
MANAGER’S REPORT:
County Manager, Heidi York introduced Stuart Gilbert, Economic Development
Director who has been employed for one week.
Ms. York stated the EDC meeting is scheduled for September 20, 2012 at 8:00 am
in the Register of Deeds/Tax Administration conference room noting the EDC group
meets the third Thursday of each month.
Ms. York asked the Board for any legislative goals for submission noting one had
been received from the Superintendent requesting local control for the school calendar for
consideration.
COMMISSIONER REPORT/COMMENTS:
Commissioner Kennington thanked the following for sponsorsing and/or
participating in organizing the First Annual Person County Farm Tour held on September
14-15, 2012:
Person County Museum and its Director, Derek Day, Dr. Claudia
Berryhill, Camp Chemical, Carolina Farm Credit, Farm Bureau of Person
County, Oakley Machine Shop, Olive Hill Welding & Fabrication, Pepsi
Cola Bottling Company, Quality Equipment, Roxboro TDA, Southern
States, Summit Consulting, TG Brooks Co., and Tractor Supply
September 17, 2012
37
Commissioner Kennington acknowledged the farms that were on the tour:
Abanitu Organics, Bernard Obie and wife
Allied Organic Farm, Tom & Linda Savage
Blue Bird Meadowns, Alice & Stewart White
Carver Brothers Turf, Bobby & Ricky Carver
Bio Plots, HR Carver
Carver Farm Nursery, Ronnie, Susan & Jason Carver
Clover Field Farms, Linda & Alan Justice
Cross Creek Dairy, Mickey & Patsy Clayton
Flat River Nursery & Farm, Charles & Joan Holeman
JB Herb & Plant Farm, John Wrenn & Burton Edwards
New Oaks Farm, Reggie Oakley
Person County Farmer’s Market
Person County Museum
Rogers Cattle Company, Johnny & Sharon Rogers
Rock of Ages Winery, Kim & Kevin Moore
Sunset Ridge Buffalo Farm, Jack & Sandy Pleasants
The Hills of Berry Hot Times Firewood, Cal & Joe Berryhill
Commissioner Kennington noted the Museum has acquired additional property
from Ruffin Woody for the home on the corner of Main and Morehead Streets due to a
donation in the amount of $225,000 from a former resident of Person County.
Commissioner Blalock passed out to the Board a letter explaining the math to
investigate all areas of revenue the county can generate along with a proposed Recycling
Ordinance. Commissioner Blalock requested the Recycling Ordinance to be placed on
the Board’s October meeting agenda.
Commissioner Jeffers announced that Person County 4-H will have a booth at the
NC State Fair with the theme “With a Rich Past and a Brighter Future” highlighting
Person County and its solar park.
Commissioner Jeffers also announced that a Healthy Living for a Lifetime will
offer free health screenings through partnership with NC Farm Bureau on October 10,
2012, from 10:00 am – 6:00 pm, in the parking lot of the Farmer’s Market.
Vice Chairman Puryear had no report.
September 17, 2012
38
CLOSED SESSION:
A motion was made by Commissioner Kennington, seconded by Commissioner
Blalock, and carried 5-0 to enter Closed Session at 12:16 pm to consult with the attorney
per General Statute 143-318.11(a)(2) with the County Manager, Clerk to the Board,
Assistant County Manager, Tax Administrator and the Economic Development Director
permitted to attend.
Vice Chairman Puryear asked why the Closed Session was not added to the
agenda. County Attorney, Ron Aycock stated during the brief recess Commissioner
Kennington discussed with him the possibility of a lawsuit against the county that was
suggested during informal comments.
Chairman Clayton called the Closed Session to order at 12:19 pm following a 3-
minute break.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 5-0 to return to open session at 12:31 pm.
ADJOURNMENT:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Kennington, and carried 5-0 to adjourn the meeting at 12:31 pm.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman