April 18
April 18, 2011 1
PERSON COUNTY BOARD OF COMMISSIONERS APRIL 18, 2011 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, April 18, 2011 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:
County Manager, Heidi York requested an item be added to the agenda for a
Storm/Damage Report from the EMS Director, Michael Day.
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers and carried 5-0 to add to the agenda an item for a Storm/Damage Report.
Chairman Clayton requested the update from Jim Wrenn be moved up in the agenda to follow the Administrative Reports.
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers and carried 5-0 to move the update from Jim Wrenn to follow the Administrative
Reports.
By consensus of the Board, the agenda was approved.
APPROVAL OF MINUTES: A motion was made by Commissioner Blalock, seconded by Vice Chairman
Puryear, and carried 5-0 to approve the minutes of Special Called Board meeting of
March 29, 2011, April 4, 2011 Board of Equalization and Review and regular scheduled
Board meeting of April 4, 2011.
ADMINISTRATIVE REPORTS:
A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear, and carried 5-0 to approve the Administrative Reports for the Detention Center,
Inspection Department and Public Library.
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INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments:
Mr. David Forsythe, Director of Person County Group Homes, Inc., and President of the Arc of Person County stated his concerns of the proposed merger of Orange-
Person-Chatham (OPC) Mental Health with Piedmont Behavioral Healthcare (PBH) and
its affect on people with mental health, substance abuse and developmental disabilities.
Ms. Faye Boyd of 69E Foxwood Drive, Timberlake thanked Vice Chairman Puryear for his efforts toward securing high speed internet service to Person County
citizens, thanked Commissioner Jeffers for his advocacy for children’s programs, thanked
Wanda Rogers and Becky Clayton as well as Jerry Ball for their efforts related to
recycling. Ms. Boyd also thanked Greg Duhon’s efforts to keep the roads clean leading
into the landfill as well as appealed to Mr. Duhon to take the recycle items from the landfill to the Person County Recycling Center. Ms. Boyd also voiced concerns related
to the organization of the Solid Waste Advisory Board.
UPDATE FROM JIM WRENN, ATTORNEY REPRESENTING PERSON COUNTY AND OTHER ENTITIES REGARDING PROPOSED FALLS LAKE RULES: Chairman Clayton introduced Mr. Jim Wrenn, attorney representing Person
County, Granville County, South Granville Water & Sewer, Creedmoor and Butner to
give the Board an update on the proposed Falls Lake rules.
Mr. Wrenn noted work is in progress to get rules passed palpable to upper lake
jurisdictions as well as determining compliance with Stage 2 Falls Lake rules set on
January 15, 2011 by the Environmental Management Commission. Mr. Wrenn further
noted the ultimate cost of complying with Stage 2 is estimated by the Department of Water Quality (DWQ) at $1.5 billion and assuming 10% of that amount is upper lake
jurisdictions the amount is at $22,500,000.
Mr. Wrenn stated storm water compliance relating to nutrients from existing
developed and new development property. A draft storm water local program is due to DWQ by August 15, 2011 illustrating compliance of the Falls Lake rules requiring any
residential development disturbing one-half acre or more, or any commercial
development disturbing 12,000 square feet or more export no more than 2.2 pounds of
nitrogen and 0.33 pounds of phosphorus. In addition, the model program will have to
illustrate maintenance of best management practices implemented to comply with the new development rule and ensure enforcement compliance with the requirements of the
local government’s plan implementing the new development rule. Person County will
have to pass an ordinance setting the standards for new development as well as ensure
any best management practices installed remain in perpetual compliance.
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Mr. Wrenn further explained the need for a plan for existing development noting
Stage 1, each local government must implement a reduction program for nitrogen and
phosphorous to the levels existed in 2006 by 2020. In Stage 2, a reduction of 40%
nitrogen and 77% phosphorous output from the 2006 baseline levels is required. On or before January 15, 2013, each local government is to develop inventories for potential
waste water collection systems, discharging sand-filter systems, properly functioning and
mal-functioning septic systems, restoration opportunities in utility corridors, fertilizer
management plans for local government owned lands, structural storm water practices
and wetland area buffers. Beginning January 15, 2014 each local government must submit its Stage 1 program to DWQ and begin implementing its Stage 1 program.
Mr. Wrenn stated the five jurisdictions that he represents are looking for
efficiencies in compliance with the rules. One way identified that may present efficiency
is to work together to create a storm water utility that would provide basic level of service funded by a fee to the various upper lake jurisdictions. The concept is a free
standing utility entity levying a fee to generate revenue to perform the basic services of
plan review, long term best management practice monitoring, an inventory of storm water
infrastructure for each jurisdiction, identifying projects for retrofits and audits of best
management practice systems to remain in compliance of the rules instead of levying the cost to general tax revenues. Mr. Wrenn indicated his preference to hiring a couple of
engineers to serve all jurisdictions for shared costs and work efficiency. Other work that
could be done on a contractual basis by the utility includes actual operation and
maintenance of storm water infrastructure, drainage maintenance, drainage capital
improvement, regulatory compliance with Stage 2 storm water rules, leaf collection and street sweeping. Mr. Wrenn anticipates Person County to pass its own ordinance and
contract with the utility to review the engineer portion of the plan submitted. Upon the
engineer’s review, the engineer would assist the county in monitoring the best
management practice to determine compliance with actual enforcement done on the local
level with assistance from the utility.
Mr. Wrenn told the Board that Granville County, Butner and Creedmoor have
already approved a scoping study by environmental engineers to research the costs and
benefits of establishing a utility. Mr. Wrenn requested the Board to consider partnering
with Granville County, Butner and Creedmoor in the scoping study. The costs for participation in the scoping study would one-fourth of $13,050. Person County’s share
would be equal to $3,262.50. Mr. Wrenn noted South Granville Water & Sewer is
excluded as they do not have any storm-water.
Chairman Clayton stated 6,800 residents within the Falls Lake watershed would likely be charged a utility fee or a flat fee to fund the storm water nutrient requirements.
Chairman Clayton noted the farming community will likely be on a different scale.
Chairman Clayton further noted the City of Roxboro is excluded as they have their own
storm water program.
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Commissioner Blalock asked if the regulations would expand to the Tar-Pamlico
River. Mr. Wrenn stated regulation may expand to the Tar-Pamlico eventually but is not
currently on the DWQ’s horizon at the moment.
A motion was made by Commissioner Kennington, seconded by Commissioner
Blalock, and carried 5-0 to participate in Scoping Study and direct the County Manager
to appropriate $3,262.50 funding.
Commissioner Jeffers suggested a publication to notify residents of the upcoming watershed rules and fees. Chairman Clayton stated he is planning to mention at the next
Community Conversations meeting. Mr. Wrenn stated engineering firms advise public
support and information to endorse a public utility.
Chairman Clayton and the Board publicly thanked Mr. Wrenn for his excellent assistance and efforts on behalf of Person County.
RESOLUTION OPPOSING LIFTING THE BAN ON URANIUM MINING IN
THE COMMONWEALTH OF VIRGINIA THAT POSES AN ENVIRONMENTAL THREAT TO THE ROANOKE RIVER BASIN AND TO THE CITIZENS OF VIRGINIA AND NORTH CAROLINA LIVING IN THE BASIN:
Chairman Clayton stated his support of the Resolution Opposing Lifting the Ban
on Uranium Mining in the Commonwealth of Virginia that poses an environmental threat to the Roanoke River Basin and to the citizens of Virginia and North Carolina living in
the basin referencing the City of Virginia Beach study as presented at the Board’s
meeting on April 4, 2011.
A motion was made by Chairman Clayton, seconded by Commissioner Blalock, and to approve the Resolution Opposing Lifting the Ban on Uranium Mining in the
Commonwealth of Virginia that poses an environmental threat to the Roanoke River
Basin and to the citizens of Virginia and North Carolina living in the basin referencing
the City of Virginia Beach study as presented at the Board’s meeting on April 4, 2011.
Vice Chairman Puryear noted his opposition for Person County to endorse the
Virginia Beach Study specifically.
A substitute motion was made by Vice Chairman Puryear, seconded by
Commissioner Kennington, and carried 5-0 to adopt the revised Resolution as presented with a title change to read Resolution Supporting the Study on Uranium Mining in the
Commonwealth of Virginia that poses an environmental threat to the Roanoke River
Basin and to the citizens of Virginia and North Carolina living in the basin.
Commissioner Blalock stated the Board is supporting Senator Doug Berger and Senator Ed Jones’ proposal for a study on uranium mining.
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2010 NC ASSOCIATION OF COUNTY COMMISSIONERS OUTSTANDING COUNTY PROGRAM AWARD:
County Manager, Heidi York stated Person County Government is being awarded
a 2010 Outstanding County Program distinction. The Person County Morale Pals, which is a committee of employees whose mission is to implement creative programming to
support and boost employee morale and represents a diverse and enthusiastic group of
employees. The Morale Pals was formed during tough financial circumstances and focus
on positive initiatives that do not involve spending a lot of resources. Ms. York noted the
outstanding county program awards are given each year by the North Carolina Association of County Commissioners (NCACC) to programs within any of the 100
counties across the state to honor counties (not individuals) in pursuit of excellence. Ms.
York further noted the Person County Morale Pals program was evaluated on purpose,
timeline, budget, and uniqueness as well as how well the program uses available
resources and whether it could be duplicated in other counties. Ms. York stated Person County’s program began last fall and some early successes include hosting of the annual
Employee Luncheon; the development of the first annual Employee of the Year Award; a
“good news” bulletin board hanging outside of the Board Room; and the first County
Employee Yard Sale. Ms. York announced the Person County Morale Pals will be
featured as one of the winning programs in the April edition of CountyLines. Ms York introduced Mr. Neil Emory, NCACC Outreach Associate in attendance to present the
Award. Mr. Emory stated NCACC judged and recognized 9 winners of 30 entries noting
Person County was one of three winners in the General Government category. Mr.
Emory presented a framed certificate to the Person County Morale Pals Committee.
Committee members include:
Jeanette Tuck (Tax), Gladys Lerchbacher (HR), Rebecca Morrow (HR), Kim
Griffin (Health Department), Celestine Bradsher (PATS), John Hill (Parks & REC),
Cherie Thomas (Social Service), Jennifer Teasley (P&R), Kay Farrell (Animal Control),
Yuvette Farmer (Person Industries), Janet Clayton (Health Department), and Flora Villines (PATS).
The Board extended congratulations to the members of the Person County Morale
Pals Committee.
Commissioner Kennington pointed out this award marks the second year in a row
that Person County has received such recognition by NCACC.
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NATIONAL COUNTY GOVERNMENT MONTH PROCLAMATION:
County Manager, Heidi York presented for Board consideration a National
County Government Month Proclamation with a theme “Serving Our Veterans, Armed Forces and Their Families.” Chairman Clayton read the National County Government
Month Proclamation.
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Blalock, and carried 5-0 to adopt the National County Government Month Proclamation with a theme “Serving Our Veterans, Armed Forces and Their Families.”
Commissioner Blalock commented she would participate through a webinar an
innovative practices outreach for county leaders to veterans and their families sponsored
by NACo. Commissioner Blalock commended the Bushy Fork Grange for honoring veterans by inviting all veterans to a meal on May 13, 2011.
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REVIEW AND APPROVAL OF THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH CERTAINTEED GYPSUM NC, INC.:
Assistant County Manager, Gene Hodges stated on November 1, 2010, the Person
County Board of Commissioners voted to authorize the County Manager to enter into an incentive agreement with CertainTeed Gypsum, NC and to sign the One NC Grant fund
agreement related to the CertainTeed project. Mr. Hodges presented to the Board for
review and approval an agreement approved by the County Attorney.
Mr. Hodges reminded the Board that CertainTeed Gypsum NC, Inc. has committed to building a state of the art 520,000 square feet wall board manufacturing
facility adjacent to the Progress Energy plant on Shore Road. Mr. Hodges noted this
project would generate approximately $160,000,000 in capital investment and the
creation of at least 89 new jobs in Person County. Mr. Hodges further noted as a part of a
comprehensive incentive package to attract this industry, CertainTeed obtained a One NC Fund Grant from the North Carolina Department of Commerce. As a requirement of the
acceptance of this grant, Person County must match the grant award. The grant match is
$300,000 and Person County added an additional $200,000 to show support and defray
start up costs for a total of $500,000 from Person County to recruit this industry to Person
County. Mr. Hodges stated each dollar of the incentive will generate $10 in additional payroll and $320 in capital investment in Person County. Person County’s first
installment payment according to the incentive agreement will be upon completion of the
facility with annual payments each year afterwards contingent upon the capital
investment and job creation.
Commissioner Blalock made a statement regarding large corporations have
lobbying efforts, legal teams and economic development staff in the county to give
companies every consideration when making a deal, however, the county does almost
nothing for small businesses, noting reluctance to give tax consideration with strict
guidelines by giving an example of a landowner that subdivides property where taxes are increased. Commissioner Blalock stated a need to help Person County individuals and
small businesses to increase the tax base.
Commissioner Kennington inquired about the qualifications of the 89 new jobs.
Mr. Hodges deferred the question to Ms. Barbara Currier, PCBIC Economic Development Director for Person County. Ms. Currier stated qualifications have not
been made available however a Job Fair is scheduled and will be publicized for June 1-4,
2011 noting 3,000 applications are anticipated for the 89 jobs.
Commissioner Kennington asked what amount in anticipated tax base for this project will be coming to the county. Mr. Hodges stated approximately $1.2 million in
tax revenue is expected to come into the county per year based on the current tax rate.
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Commissioner Kennington asked Mr. Hodges if CertainTeed would be eligible
for any tax breaks. Mr. Hodges indicated CertainTeed is not eligible for a tax break as
CertainTeed is using a raw material as a result of Progress Energy’s pollution abatement
and recipient of the tax break controlled by the utility.
Chairman of the Economic Development Commission (EDC), Jim Stovall
requested to update the group that the 89 jobs may be increased to 101 jobs and those
jobs did not include the 100 truck drivers (50 of the 100 are anticipated to be local) that
will be needed. Mr. Stovall noted a terminal for the truck drivers may locate in Person County and CertainTeed will be working with Piedmont Community College (PCC) for
CDL driver certification. Mr. Stovall further noted the project is ahead of schedule with
the building being completed in September, 2011, gas line finished in October, 2011,
hiring of employees by September, 2011, trained by January, 2012 and shipping product
by February/March 2012.
Commissioner Jeffers thanked the Person County Economic Team and noted
other counties not getting companies to locate with the investment CertainTeed is
bringing to Person County. Mr. Stovall thanked the Board for the incentives that helped
bring CertainTeed to Person County.
Commission Kennington pointed out the obligation to repay in the contract if
CertainTeed does not fulfill the noted requirements.
Ms. Currier noted this project is one of the top 10 projects in the State of NC based on investment.
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers, and carried 4-1 to approve the economic development incentive agreement with CertainTeed Gypsum NC, Inc. Commissioner Blalock cast the lone dissenting vote.
Commissioner Blalock stated her opposition to the motion due to her concern for
small businesses and local individuals.
Mr. Stovall stated if small businesses were seeking job creation, EDC, PCC and
state programs will work collaboratively to recruit just as it does for large businesses.
Commissioner Jeffers confirmed Person County still has a low interest revolving
loan available to small businesses.
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PROPOSAL OF PERSON COUNTY RECREATION, ARTS, AND PARKS DEPARTMENT SPONSORSHIP PROGRAM:
Recreation, Arts and Parks Director, John Hill told the Board the Recreation, Arts,
and Parks Department has developed a sponsorship program named “Supporting Our Community while Promoting your Business” that will generate revenue to support the
programs that are provided to Person County’s citizens. Mr. Hill stated the sponsorship
program for the community services and an advertisement opportunity for businesses.
Mr. Hill noted the proposed sponsorship program has been reviewed and recommended
by the Recreation Advisory Board as well as reviewed by the County Attorney.
Mr. Hill noted the five sponsorship options available:
1. Team Sponsorship
2. Single Player/Participant Sponsor
3. Event/Program Sponsor 4. Field/Gym Sponsor
5. Walking Track Sponsor
Mr. Hill stated the materials included in the Board packet contain detailed
descriptions of the type of advertisements that are available and any restrictions on the type of businesses that can purchase sponsorships. No sponsorships will interfere with
the aesthetics of any Recreation, Arts, and Parks facility and all sponsorships will be
approved by the Recreation, Arts, and Parks Director. Mr. Hill requested the Board’s
consideration to approve the Recreation, Arts, and Parks Departments Sponsorship
Policy.
Commissioner Jeffers noted donations have always been accepted to aid in
scholarships for children of families who could not afford to pay the fees.
Mr. Hill confirmed for the Board that the City of Roxboro’s Sign Ordinance would not apply to any signage approved and installed on county owned property.
Commissioner Kennington stated support of the policy and asked for clarification
on the approval process by the County Manager and Recreation, Arts and Parks Director.
County Attorney, Ron Aycock confirmed for the Board the policy distinction is the County Manager is authorized to approve any form of corporate branding, message,
logo inclusion, signage and any other form of visible advertising on a facility and differs
from the Recreation, Arts and Parks Director approval of sponsorship for any such
facilities, programs and events. Mr. Hill told the group the fee structure is lower than other recreational
departments due to initial start up to gage interest.
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A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear, and carried 5-0 to approve the Person County Recreation, Arts, and Parks
Department Sponsorship Program.
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RESOLUTION SUPPORTING HIGH SPEED INTERNET SERVICE ON JULIAN OAKLEY ROAD IN PERSON COUNTY:
Vice Chairman Puryear stated Board members had received previously a petition
that was created for the residents of Julian Oakley Road. Vice Chairman Puryear thanked two community leaders, Larry Culley and Kelly Seagroves, for a community effort to
voice the need of high speed internet service. Vice Chairman Puryear noted
Representative Wilkins assistance to get CenturyLink’s attention to install high speed
internet service on Julian Oakley Road and surrounding areas that has approximately 100
residents.
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers, and to approve the Resolution supporting high speed internet service on Julian
Oakley Road in Person County.
Commissioner Blalock requested consideration to add Mann Oakley to the
Resolution via verbal petition for 37 homes.
Commissioner Kennington also requested consideration for Hester Store Road as
well as Gordonton Road and suggested to change the title of the Resolution to delete the reference of Julian Oakley Road, leave in the reference to petition by residents on Julian
Oakley Road and change the reference in the last paragraph from Julian Oakley Road to
encompass all of the county communities without access to high speed internet service.
A substitute motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 to adopt a Resolution supporting high speed
internet service in Person County in any areas within Person County not currently
serviced with the accessibility of high speed internet.
Vice Chairman Puryear stated the County Manager is seeking CenturyLink to give the Board an update related to the mapping of areas within Person County not
currently serviced with the accessibility of high speed internet.
Chairman Clayton commended Vice Chairman Puryear for the good job with this
project.
Commissioner Jeffers suggested the county surplus computers be added to the
Library or work with collaborative organizations to put surplus computers into the homes
of children that do not have access to a computer at home.
Vice Chairman Puryear requested the signed Resolution be sent to state
leadership, Democrat and Republican as well as Representative Wilkins, Senator
Kinnaird, two U.S. Senators and Congressman Miller.
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VOLUNTEER FIRE DEPARTMENTS AGREEMENT FOR FIRE PROTECTION:
County Manager, Heidi York requested Board consideration and approval of the
revised contract for outside agency funding with the Volunteer Fire Departments within Person County to provide fire protection. The revised contract before the Board was
approved by majority vote at the Person County Chief’s Association at their April 7,
2011 meeting. Ms. York noted the Volunteer Fire Departments are currently operating
without a valid contract which is a requirement by both the NC Office of the State Fire
Marshal and the Insurance Services Office (ISO). Ms. York highlighted the revised contract has been subject to discussion for a while noting the term is for two years with
county funding allocated on an annual basis. Upon Board approved, Ms. York stated the
contract would be submitted to the county volunteer fire departments for signatures for an
effective date of July 1, 2011.
Commissioner Jeffers stated those at the Fire Chief’s meeting not voting for the
revised contract may approach the Board with a single fire department contract apart
from the county-wide contract before the Board for consideration. Ms. York stated she
had already received a proposed contract from Ceffo Volunteer Fire Department. Ms.
York noted she had communicated at the last Chief’s meeting the importance from an administrative perspective that all fire departments are operating from a consistent
contract across all fire districts as recommended by the NC Office of the State Fire
Marshal and the Insurance Services Office (ISO).
Commissioner Jeffers stated the Fire Chief’s Association created a subcommittee comprised of the Chief of each fire department to revamp the bylaws to act in an advisory
capacity for the Board especially at this time without a liaison of a Fire Marshal.
Commissioners Blalock and Kennington asked about mutual aid agreement.
Emergency Services Management Director, Michael Day and Ms. York stated the written agreements are a part of the state emergency management and with the City of Roxboro
for fire services as formalized with a contract. Otherwise, mutual aid with neighboring
counties is basically a verbal agreement.
A motion was made by Vice Chairman Puryear, seconded by Commissioner Blalock, and carried 5-0 to approve the Volunteer Fire Departments Agreement for Fire
Protection as presented.
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North Carolina
Person County
OUTSIDE AGENCY FUNDING AGREEMENT FOR FIRE PROTECTION
XXXXXXXXXXX Volunteer Fire Department
This agreement, made and entered into this 1st day of July 2011, by and between
Person County, North Carolina, a political subdivision of the State of North Carolina, hereinafter called “County” and the XXXXXXXXXX Volunteer Fire Department, Inc., a
nonprofit corporation organized under the laws of the State of North Carolina, hereinafter
called “department.”
Witnesseth:
WHEREAS, department has agreed to provide continuing fire and rescue protection service within its primary area of coverage, and other areas on the basis of
mutual aid contracts with other county fire and/or rescue departments for the benefit of
the citizens of Person County; and
WHEREAS, department has requested county to assist in the funding of the
above-described services; and WHEREAS, General Statute 153A-11, 153A-13, and 153A-233 authorize County
to provide the department with financial support for the above-described services;
NOW, THEREFORE, in consideration of the mutual benefits inuring to the
parties hereto, and based upon the mutual covenants contained herein and the
considerations stated herein, the parties do hereby covenant and agree as follows:
I. PURPOSE OF AGREEMENT AND DEPARTMENT IN USE OF FUNDS.
A. Purpose of Agreement. County shall provide funds to department for the
provision of continuing fire and rescue protection as follows:
(1) Department agrees to furnish and provide continuing fire and rescue
protection service to all citizens of its service area and all real and
personal property lying within the boundaries of the service areas.
(2) Department agrees to send, upon call of any person within the service
area, the available equipment necessary to answer the call and the
available personnel to operate such equipment in the judgment of the
chief of the department or his designee.
(3) Department agrees to maintain its equipment in accordance to the
standards prescribed by the North Carolina Department of Insurance,
Fire and Rescue Division.
(4) Department agrees to maintain a level of personnel and have these
personnel trained as required by the North Carolina Department of
Insurance, Fire and Rescue Division.
(5) Department shall be in complete operational control of its fire and
rescue vehicles and fire and rescue program, including full control over
volunteers, assistants and employees.
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(6) Emergency medical first responder services shall be provided by the
department as outlined by mutual agreement and Standard Operating
Procedure between the Fire Chief, County EMS Director and 911
Director within the fire protection district.
(7) County shall operate a communications system at current levels to alert
the departments and other agencies of emergencies which occur in the
County. The County Central Dispatch shall be responsible for the
dispatch of fire and rescue departments within the primary and mutual
aid areas of coverage, each department will communicate with County
Central Dispatch and other departments on the countywide approved
frequency and tactical channels. This will be effective January 1, 2013
when all departments have to be narrow band compliant. Each
department shall be responsible for fire and rescue protection services
within the department’s primary area of coverage.
(8) Department may actively solicit and advertise for operating funds.
Department also may actively solicit for funds for capital expenditures
(vehicles, buildings, equipment, etc.).
B. Description of Department’s Service Area. Department’s service area
is defined in Exhibit A, attached hereto and incorporated herein by
reference.
C. Term of Agreement. The term of this agreement shall be for a period of
two (2) years from the date executed.
D. Payment. County agrees to pay department annually an amount to be
established during the County’s budget process.
II. TERMINATION OF AGREEMENT; BREACH OF AGREEMENT. Each party
shall have the right to terminate by giving the other party sixty (60) days written
notice of termination. In the event of termination, Department agrees to
refund to County all monies received by Department under the terms of this
agreement which Department retains as of the effective date of termination. In
addition, Department shall provide County with a financial accounting, as
required by County, for all funds received by Department and on-hand up to the
date of termination.
If Department fails to conform to any one of these terms or conditions
contained in this agreement, County shall thereupon notify Department in
writing of such breach. Upon receipt of such notification of breach, Department
shall have thirty (30) days within which to correct such breach, during which
period County will take no further action. If such preach is not corrected within
such time, County may then take such corrective action as is necessary under
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North Carolina law, including withholding or reduction of funds committed, but
not yet paid by County, recovery of funds previously paid by County to
Department, but not used by Department, and/or immediate termination of this
agreement.
III. DEPARTMENT FINANCIAL REPORTING REQUIREMENTS.
A. Annual Written Accounting. Within ninety (90) days of the end of County’s
fiscal year which extends from July 1 through June 30, Department shall
provide County with a written accounting (including receipts and
expenditures) of funds received by it from County. The accounting shall be
approved by Department’s Board of Directors, shall be signed by an official
authorized of the board, and shall report on the use of funds spent and the
location of the remaining balance.
B. Financial Records. Department shall establish fiscal control and accounting
procedures in accordance with generally accepted accounting principles.
The procedures shall account for all funds paid by County to Department,
and Department shall maintain such records for three (3) years after the
date of termination of this agreement.
C. County Access to Financial Records. Department shall allow the County
Manager or his/her designated representative, access to records concerning
County funds only.
IV. COMPLIANCE WITH APPLICABLE LAWS. Department agrees that in carrying
out activities of any kind funded with monies made available under the
provisions of this agreement, it shall comply with all local, state, and federal
laws and regulations.
V. INDEPENDENT CONTRACTOR. Department understands and agrees that in
entering into this agreement and providing services, it is acting as an
independent contractor; neither Department, nor its employees, members or
personnel shall be deemed or construed to be employees of Person County.
Department shall maintain workers’ compensation insurance of such accident
and other insurance as it deems appropriate for the protection of its employees,
members, or personnel and shall maintain insurance coverage as specified in
Exhibit B, attached hereto and incorporated herein by reference. It is agreed
that Department shall maintain the insurance coverage as specified in this
exhibit.
VI. IDEMNITY AGRGEEMENT. Department shall indemnify and save harmless
County from any and all liability and expenses including attorney’s fees, court
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costs and other costs incurred by County caused by the negligence of the Fire
Department, its agents and employees.
VII. ASSIGNMENT OF THIS AGREEMENT. The parties agree that this agreement
is not transferable or assignable by either party without the written consent of
the other party to this agreement.
VIII. NON-WAIVER OF RIGHTS. It is agreed that County’s failure to insist upon the
strict performance of any provision of this agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such
breach, shall not constitute a waiver of any rights under this agreement.
IX. ENTIRE AGREEMENT. This agreement constitutes the entire understanding of
the parties and contains all of the terms agreed upon with respect to the subject
matter hereof. No modification or rescission of this agreement shall be
effective unless evidenced by a writing signed by both parties to this agreement.
X. EQUAL OPPORTUNITY. In connection with the performance of this
agreement, Department agrees not to discriminate against any employee,
member or applicant for employment or membership because of race, religion,
color, sex, age, disability to national origin. Employees, members and/or
applicants of the job, Department agrees to take affirmative action’s to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, color, sex, age, disability or
national origin.
In witness whereof, the parties have hereunto set their hands and seals, by
authority duly given, on the day and year first above written.
PERSON COUNTY
Official seal
_______________________________
Jimmy Clayton, Chairman
Person County Board of Commissioners
Attest:
________________________________
Brenda Reaves, CMC
Clerk to the Board
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This Instrument has been pre-audited in the manner required by the Local
Government Budget and Fiscal Control Act.
__________________________________
Amy S. Wehrenberg, Finance Officer
Approved as to Form:
__________________________
Ron Aycock, County Attorney
(Corporate Seal)
XXXXXX Volunteer Fire Department
_________________________________
President
Attest:
_____________________________________ Secretary
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BOARD AND COMMITTEE APPOINTMENTS: TRANSPORTATION ADVISORY BOARD:
Transportation Manager, Kathy Adcock requested Board appointment of Kelly
Foti representing the Senior Center Aging Services as well as Barbara Currier representing Economic Development to the Transportation Advisory Board for terms
ending 12/31/12 noting both would replace two members on the Transportation Advisory
Board no longer employed with the representing organizations.
A motion was made by Vice Chairman Puryear, seconded by Commissioner Blalock, and carried 5-0 to appoint Kelly Foti representing the Senior Center Aging
Services as well as Barbara Currier representing Economic Development to the
Transportation Advisory Board for terms ending 12/31/12.
SOLID WASTE ADVISORY COMMITTEE APPOINTMENT: Clerk to the Board, Brenda Reaves requested Board nomination for appointment
following the informal interview process held on April 4, 2011 and action to defer
appointment to this date for the Solid Waste Advisory Committee. The appointment is for
1 position for a 3-year term. Ms. Reaves reminded the Board of the applicants requesting
appointment was Lisa Whitfield-Jacobs, Nancy Lee Newell, Faye B. Boyd, and Christopher Schelin.
A motion was made by Commissioner Blalock, seconded by Commissioner
Kennington, to appoint Christopher Schelin representing a citizen at large on the Solid
Waste Advisory Committee for a 3-year term.
Commissioner Jeffers asked Commissioner Blalock is all the applicants attended
the recent Solid Waste Advisory Committee meeting as requested in the informal
interview process. Commissioner Blalock stated all attended except Christopher Schelin.
A substitute motion was made by Vice Chairman Puryear, seconded by
Commissioner Jeffers, to appoint Faye Boyd to the Solid Waste Advisory Committee for
a 3-year term. The substitute motion lost due to a lack of majority 2-3. Voting in
support of the substitute motion were Vice Chairman Puryear and Commissioner Jeffers.
Voting in opposition to the substitute motion was Chairman Clayton and Commissioners Blalock and Kennington.
The original motion passed by majority 3-2. Voting in support to appoint
Christopher Schelin was Commissioners Blalock, Kennington and Chairman Clayton.
Vice Chairman Puryear and Commissioner Jeffers cast the dissenting votes.
A motion was made by Commissioner Blalock, seconded by Commissioner
Kennington, and carried 3-2 to add an additional representative to the Solid Waste
Advisory Board representing the charter schools and to appoint Lisa Whitfield-Jacobs to
serve as the charter school representative. Vice Chairman Puryear and Commissioner Jeffers were in opposition to increasing the membership on committees and boards.
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Ms. Reaves confirmed for the Board that there are currently 9 members on the
Solid Waste Advisory Committee and this additional seat would take the total
membership to 10. Representation on the Solid Waste Advisory Committee includes
Person County Schools, Person County Recycling Center, Roxboro City Council, Board of County Commissioners, Republic and four citizen at large members.
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE:
Clerk to the Board, Brenda Reaves requested Board consideration to reappoint
Anthony Burgess to the Adult Care Home Community Advisory Committee for a 3 year term.
A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear, and carried 5-0 to reappoint Anthony Burgess to the Adult Care Home
Community Advisory Committee for a 3 year term.
2012-2016 RECOMMENDED CAPITAL IMPROVEMENT PLAN: County Manager, Heidi York requested Board adoption of the 2012-2016 Capital
Improvement Plan. Ms. York noted the Recommended 5-year CIP was presented to the
Person County Board of Commissioners on March 21, 2011 as well as discussed during a special work session. Ms. York highlighted the following revisions from the original
document as outlined below:
1) The shift of Piedmont Community College’s (PCC) telephone system (VOIP)
project for $52,000 to FY 2011-12 (was on original recommended plan for FY
2012-2013). This revision resulted from conversations between PCC and the County Manager and the more immediate need and the equipment resources that
are currently available from the County for the easier and less costly transition to
this new telephone system. This change will not require an increase in the fund
balance appropriation for FY 11-12 ($438,547) due to some cost savings realized
from the Northwoods software project in DSS. 2) Another reporting change is the status of the currently approved EMS Diesel Fuel
Tank replacement. This was erroneously reported in the Recommended CIP as
being completed, but it is still ongoing with an estimated completion to be near
the end of April.
Ms. York stated the adoption of the CIP will cover the needs and priorities for the
2012-2016 Plan as well as allocate funding for the projects in FY 2011-2012.
Commissioner Blalock asked about the old cardiac monitors. Emergency
Services Management Services Director, Michael Day stated the old cardiac monitors are traded-in to receive a discount as well as confirmed one cardiac monitor is placed in each
of the 7 certified vehicles.
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers, and carried 5-0 to adopt the 2012-2016 Capital Improvement Plan.
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BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following
Budget Amendment.
Upon a motion by Commissioner Jeffers, and a second by Commissioner Blalock
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 18th day of April 2011, as follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 50,532
Transportation 51,307
Economic Development 1,461
Education 169,886
Culture and Recreation 21,659
Human Services (99,186)
Interfund Transfers 19,047
County Capital Reserve Fund
Transfer to Other Funds (159,673)
Person Industries/Material Recycling Facility Fund 20,615
REVENUES General Fund
Intergovernmental Revenues 332,353
Other Revenues 25,829
Interfund Transfers 19,047
Transfers from Other Funds (159,673)
Fund Balance Appropriated (2,850)
County Capital Reserve Fund
Fund Balance Appropriation (159,673)
Person Industries/Material Recycling Facility Fund
Intergovernmental Revenues 19,024
Other Revenues 1,591
Explanation:
Budgeting 2009 JAG Grant proceeds ($2,850) that was originally appropriated from fund balance (-$2,850); received ARRA funds for an additional 2009 JAG Grant ($343); appropriating donations received for various departments including the Sheriff ($1,374), EMS ($140), Animal
Control ($1,089), Cooperative Extension ($1,461), Recreation, Arts & Parks ($21,190), Health Department ($450), Public Library ($125), and the Recycling Center ($639); received annual
Emergency Management Grant ($3,376), Home Community Care Block Grant for the Group
Homes ($4,895), Environmental Health Grant ($3,522), Healthy Personians Grant ($8,285) and NC-IT E-Rate funds for the Public Library ($344); received Rural Operating Assistance Program
funds for PATS ($51,307), the Senior Center ($31,394), DSS ($11,941), and Person Industries
($16,267); appropriating Federal Seizure Forfeiture funds ($43,980) and Local Drug Buy Money ($230) in the Law Enforcement Restricted Fund; transferring a portion ($19,047) of federal
seizure forfeitures in the Law Enforcement Restricted Fund to the General Fund to cover a Deputy
position in the Sheriff's Department; recording an adjustment in DSS (-$159,673) that was
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originally appropriated from fund balance in the County Capital Reserve Fund ($-159,673) to
correctly reflect expenditures associated with the purchase of software; appropriating lottery
proceeds to cover completed capital projects for the schools ($169,886); received first quarter of new Electronics Management Program Tax for the Recycling Center ($2,757); and received
additional sales revenue ($952) in the Person Industries/Material Recycling Facility Fund. Ms. Wehrenberg clarified the $21,190 for Recreation, Arts & Parks is for total
donations received July 1, 2010 to present.
ORANGE-PERSON-CHATHAM MENTAL HEALTH LME PROPOSED MERGER: Chairman Clayton stated the Mental Health Board has received an Administrative
Order issued by the State Health Director that local management entities, like Orange-
Person-Chatham will be consolidated by May 20, 2011 either by agency partnership with regional entities or at the discretion of the State if no partnership or merger takes place by the designated deadline. Chairman Clayton stated Orange-Person-Chatham Mental
Health has selected to negotiate a proposed merger with Piedmont Behavioral Healthcare
(PBH) located within the Charlotte area noting each county must authorize the Mental
Health LME to proceed with merger negotiation as recommended and approved by the Mental Health Board on April 11, 2011.
A motion was made by Chairman Clayton, seconded by Vice Chairman Puryear,
and carried to authorize Orange-Person-Chatham (OPC) Mental Health LME to proceed with merger negotiations as recommended by the OPC Mental Health Board.
STORM/DAMAGE REPORT: Emergency Management Services Director, Michael Day gave the Board a report
related to adverse affects of the severe thunderstorms and tornado in Person County on
Saturday afternoon, April 16, 2011. Mr. Day reported there were no injuries or deaths in
Person County with most of the impact felt in the Bethel Hill community. Mr. Day stated 2 houses were totally destroyed, 11 homes with minor to moderate damage, significant damage to the Bethel Hill Charter School gym roof along with windows, HVAC issues as
well as majority of many trees down. Mr. Day stated a report of 17 other addresses had
property damage. Mr. Hills commended the Woodsdale Volunteer Fire Department who
established command in the Bethel Hill area noting the EOC was opened in town. Mr. Day stated Blacksburg would be confirming later in the day that unofficial report of a F2 tornado in Person County. Mr. Day noted the storm started in the Country Club – Chub
Lake area traveling across Haywood Bailey Road to the back side of the Charter School
and right across Fountain Road into Halifax County, Virginia. Mr. Day praised the
participating agencies:
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Woodsdale Volunteer Fire Department, Ceffo Volunteer Fire & Rescue Department,
Roxboro Fire Department, NC Forestry Service, Person County Rescue Squad, Person
County EMS and Management, Sheriff’s Office, NC Highway Patrol, NC Department of Transportation, NC Emergency Management NC Baptist Men’s Disaster Relief from the
Beulah Baptist Association, Red Cross, and the many volunteers arriving to assist in any
way possible.
Mr. Day stated at 7:30 p.m. on Saturday night, there were over 1500 citizens without power with all power restored by 2:30 p.m. on Sunday in all homes eligible to
have power.
Chairman Clayton indicated an interest to help reimburse Woodsdale Volunteer
Fire Department for any expenses incurred over above normal expenses. Mr. Day stated he would pass along the message to Chief Woody.
Mr. Day told the Board that a request for a State of Emergency for Person County
was not carried out as Person County did not meet the threshold for assistance, i.e. a loss
of 35 homes.
Chairman Clayton thanked all agencies’ response to the community needs.
Commissioner Kennington, on behalf of the Bethel Hill Charter School Principal,
John Betterton, thanked everyone involved for assistance in cleanup noting a roofing contractor has been secured for needed repairs with plans to re-open school as planned
following the break.
CHAIRMAN’S REPORT: Chairman Clayton reminded the Board would reconvene as a Board of
Equalization and Review immediately following the meeting.
MANAGER’S REPORT: County Manager, Heidi York reminded the group of the next Community
Conversations Meeting to be held on April 26, 2011, starting at 7:00 pm at Helena
Elementary School.
COMMISSIONER REPORT/COMMENTS: Commissioner Kennington congratulated Commissioner Jeffers on his recent
award from Person County Partnership for Children.
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Commissioner Blalock also congratulated Commissioner Jeffers and had no
further comments.
Commissioner Jeffers gave the Board a handout from the NC Association of County Commissioners’ Board of Directors’ meeting outlining the House Subcommittee
proposed budget noting concerns related to misdemeanant housing over 90 days without
funds. County Manager, Heidi York added the projected costs related to the additional
housing would be at $70,000. Chairman Clayton stated upon incarceration, Person
County assumes liability of insurance for each inmate.
Commissioner Jeffers noted at the District Meeting in Randolph County he
learned about an inmate medical cost containment program that limits medical costs for
inmates with in-network providers for a flat fee. Commissioner Jeffers confirmed Person
Memorial Hospital is in the network for the program referenced.
Commissioner Jeffers stated County Assembly Day is May 25, 2011, an event for
elected officials to lobby for their county in Raleigh. The registration fee is waived for
elected officials.
Commissioner Jeffers thanked the Partnership for Children for the award
extended to him for advocating for children.
Commissioner Jeffers stated he had a copy of all the legislative goals if anyone
would like a copy.
Vice Chairman Puryear had no report.
RECESS: A motion was made by Vice Chairman Puryear, seconded by Commissioner
Blalock, and carried 5-0 to recess the meeting at 11:22 a.m. until April 26, 2011 at 7:00
p.m. at Helena Elementary School for a Community Conversations Meeting.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman