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January 4 January 4, 2010 1 PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 4, 2010 MEMBERS PRESENT OTHERS PRESENT Johnny Myrl Lunsford Heidi York, County Manager Jimmy B. Clayton C. Ronald Aycock, County Attorney Kyle W. Puryear Brenda B. Reaves, Clerk to the Board B. Ray Jeffers Samuel R. Kennington The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, January 4, 2010 at 6:15 p.m. in the Commissioners’ meeting room in the Person County Office Building. Chairman Lunsford called the meeting to order. The Board convened the meeting at 6:20 p.m. to go into Closed Session for the purpose of considering appointment of individuals through an informal interview process with applicants of competitive committee, boards, and commissions per General Statutes 143-318.11(a)(6). A motion was made by Commissioner Clayton, seconded by Commissioner Kennington, and carried to enter Closed Session at 6:21 p.m. Commissioners Puryear and Jeffers arrived at 6:35 p.m. A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers, and carried to return to open session at 6:40 p.m. BOARDS AND COMMITTEES APPOINTMENTS: Clerk to the Board, Brenda Reaves presented the Board with citizen applications for consideration to appoint to various boards and committees vacancies that were advertised in The Courier-Times on November 14, 2009 with a deadline to submit applications by December 22, 2009. Boards or committees with no applications received will be re-advertised. January 4, 2010 2 ** Shading denotes competitive committees/boards whereby applicants are subject to the informal interview process. - Adult Care Home Community Advisory Committee 1-Year Initial Term; 3-Year Reappointment: 1 position available No Applications Received - Airport Commission 3-Year Term: 1 position available 1) John Rimmington 2) Michael Riley A motion was made by Commissioner Clayton, seconded by Commissioner Kennington, and carried to appoint John Rimmington to the Airport Commission for a 3- year term. - Home Health and Hospice Advisory Committee 3-Year Term: 1 position each representing  Physician No Applications Received  Piedmont Community College No Applications Received - Juvenile Crime Prevention Council Positions available include:  A representative of the Sheriff’s Department for a 2 year term 1) William Whitfield, Jr.  Chief Court Counselor for a 2 year term 1) David R. Carter  Juvenile Defense Attorney for a 2 year term 1) Julie Boyer Willaford  A representative of OPC Area Mental Health Authority for a 2 year term 1) Corlis Green  Substance Abuse Professional for an initial 1 year term or a 2 year term reappointment 1) Russell Knop  A member of the Faith Community for an initial 1 year term or a 2 year term reappointment 1) Rev. Alfred Faulkner requests reappointment  A representative of United Way or a non-profit for an initial 1 year term or a 2 year term reappointment No Applications Received  A representative of Parks & Recreation for an initial 1 year term or a 2 year term reappointment 1) John Hill  Citizens At Large (1) position available for a 2 year term 1) Trevie Adams 2) Alisa Clayton January 4, 2010 3 A motion was made by Commissioner Clayton, seconded by Commissioner Jeffers, and carried to reappoint the following citizens for a 2-year term: David R. Carter, Chief Court Counselor, Julie Boyer Willaford, Juvenile Defense Attorney, Corlis Green, OPC Area Mental Health Authority representative, Russell Knop, Substance Abuse Professional, Rev. Alfred Faulkner, Faith Community representative, John Hill, Parks & Recreation representative as well as to appoint William Whitfield, Jr., Sheriff Department representative. The Board considered the two applicants for the one citizen- at-large seat and by acclamation, Trevie Adams was reappointed for a 2-year term. - Nursing Home Advisory Committee 1-Year Initial Term; 3-Year Reappointment; 2 positions available No Applications Received - Orange Person Chatham Area Mental Health Board 3-Year Term: 3 positions available No Applications Received - Region K Aging Advisory 3-Year Term: 1 position available No Applications Received At 6:47 p.m., Chairman Lunsford announced a recess until 7:00 p.m. ************************************************************************ At 7:00 p.m., Chairman Lunsford called the meeting to order and asked Commissioner Clayton to lead in prayer and Commissioner Kennington to lead the Pledge of Allegiance. PUBLIC HEARING: REQUEST BY CROWN CASTLE INTERNATIONAL FOR A SPECIAL USE PERMIT TO CONSTRUCT A WIRELESS TELECOMMUNICATION TOWER ON LONGS STORE ROAD: A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers and carried to open the Public Hearing for the request by Crown Castle International for a Special Use Permit to construct a wireless telecommunication tower on Longs Store Road. January 4, 2010 4 Planning Director, Paula Murphy stated the County has received a Special Use Permit request from Crown Castle International to construct a 250 foot wireless telecommunications facility within a 100x100 (10,000) square foot lease area approximately 452 feet from Longs Store Road on a 56+ acre parcel that will accommodate six carriers. A telecommunication facility is allowed with a Special Use Permit in a Rural Conservation Zoning District. The property in question consists of 56+ acres and is mostly open pasture land with some wooded areas. The area along Longs Store Road is primarily farmland and is not located within a Person County designated watershed and there are no one hundred flood areas. There are some streams located on the property. Ms. Murphy noted the tower will be enclosed by a minimum six foot high chain link fence with three strands of barbed wire with a sixteen foot swing gate. The fenced area will be 4256 square feet with access to the site by a thirty foot access easement on a 12 foot wide gravel drive. The facility will contain an equipment pad and it will be unmanned but visited periodically for routine maintenance. Section 6Q of the Zoning Ordinance states “an access road, turn around space and parking space shall be provided to assure adequate emergency and service access”. Section 9(a) of the Ordinance states the applicant shall submit documentation justifying the total height of any tower, facility and/or antenna and the basis therefore. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the County to the extent practicable, unless good cause is shown. Ms. Murphy stated the County’s consultant will review the justification and give a report to the Board. Section 13, requires that any wireless telecommunications facility support structures shall be setback a distance equal to the height of the proposed tower plus 10 percent of the height of the tower or structure. The tower must have a fall zone of 275 feet. Section 7 lists the priorities for the placement of new telecommunication facilities as follows with (one) being the highest and (six) being the lowest priority: 1- on existing towers or other structures without increasing the height of the tower or structure. 2- on county owned property. 3- G-I zone. 4- RC zone. 5- R zone. The proposed site is on property zoned Rural Conservation, which is the fourth priority. Per Section 6(Z) a balloon test was held on Monday, April 13, 2009. Section 6-L requires a “zone of visibility map”. Photos from the balloon test held on April 13, 2009 are included in the document prepared by Crown Castle International. Ms. Murphy stated on receiving the recommendation of the Planning Board, the County Commissioners shall consider the application and said recommendation and may grant or deny the Special Use Permit requested. The Special Use Permit, if granted, shall include such approved plans as may be required. In granting the permit, the County Commissioners shall find: 1) that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2) that the use meets all required conditions and specifications. January 4, 2010 5 3) that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity, and 4) that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan. 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 Person County Land Use Plan’s “Future Land Use Map” shows this area as Rural Residential/Agricultural. It is defined as low-density residential (single site-built and manufactured homes); agriculture, forestry, churches; very limited commercial, office, or public/institutional uses meeting locational criteria. The Land Use Plan states the need to provide high technology fiber optics to attract economic development. Ms. Murphy stated should the Board decide to grant approval of the Special Use Permit, the following conditions should be included: 1. The tower shall have a finished height of no more than the permitted height above pre-construction grade. 2. The self support tower shall be completely constructed and ready for use no later than 24 months from the date of the Special Use Permit or the permit shall be deemed to have expired and of no use or effect. 3. Once Crown Castle Internationals has met all the conditions of the Building Permit and all requirements of the County Zoning Ordinance and a building permit is issued, they must notify the County’s consultant if an inspection is required which is not performed by the County. 4. Upon passing the final inspection, a recommendation to issue a Certificate of Occupancy shall be made. 5. At the completion of construction the Applicant must notify the County’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on-site inspection by CMS. Upon passing the final inspection a recommendation to issue a Certificate of Occupancy shall be made. 6. The Applicant shall have sufficient funds in the escrow account with the County to pay all expenses related to the application review and the issuance of permits. January 4, 2010 6 7. Crown Castle International shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent is issued or risk forfeiting its permit. Ms. Murphy stated the Planning Board held a Public Hearing on December 10, 2009, and voted 7 to 0 to forward this item with a favorable recommendation to include staff comments and to include option one which requires the light to be shielded. The Board stated that the plan was in keeping with the findings of fact presented by the applicant. Ms. Murphy introduced the County’s consultant, Mr. Rusty Monroe and asked him to report to the Board his review of the application and to explain option one of the Planning Board’s recommendation. Mr. Monroe of the Center for Municipal Solutions (CMS) had the following comments and recommendations: A. Height: The County’s Ordinance states: The maximum permitted total height of a new wireless telecommunications facility shall be one hundred twenty feet (120) and above pre construction ground level, unless it can be proven that such height would prohibit or have the effect of prohibiting the provision of service in the intended service area within the community. The maximum permitted height is not an as of right height, but rather the maximum permitted height, absent proof of the technological need for a greater height. The applicant, Crown Castle, a tower company as opposed to a carrier, has not proven the need for the requested 250’ height, as opposed to the 120’ maximum permitted height in the County’s Ordinance. However, in light of the issue of the need for economic development in the County, especially in rural areas, and the demonstrated probably future usefulness of a tower in this general location, the County may wish to make an exception in this instance and avail itself of either of the possible options as set forth below. CMS recommended that a variance be granted on the 250’ height request. CMS expressly does not recommend denying the application for a new tower, as a tower is obviously needed in the general area, if only for economic development reasons, but for other reasons as well. The usefulness of a tower in this general area is further borne out of the Applicant’s letter of October 5, 2009 wherein it states for the record that a “drive test” was done by Crown Castle and it was determined that in all probability a tower at this location would also be useable by several other carriers. Modeling information used to produce the maps showing that at least one carrier (i.e. AT & T Wireless) could use the tower. Mr. Monroe recommended the following options: January 4, 2010 7 Option 1: Grant a Special Use Permit for the tower height of 250’ as requested, but require that the light that is required for such a height be shielded, pursuant to Section M(5) of the County’s Ordinance, to wit: Lighting: If lighting is legally required or proposed, the Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations. For any Wireless Telecommunications Facility for which lighting is required under the FAA’s regulations, or that for any reason has lights attached, all such lighting shall be affixed with technology that enables the light to be seen as intended from the air, but that prevents the ground scatter effect so that it not be able to be seen from the ground to a height of at least 12 degrees vertical for a distance of at least 1 mile in a level terrain situation. Such device must be compliant with or not in conflict with FAA regulations. A physical shield may be used, as long as the light is able to be seen from the air, as intended by the FAA. Note that if the height of 250’ is permitted, camouflaging such a structure would be an effort in futility, as no type of camouflaging would eliminate the visual impact. However, if the County wishes one alternative could be to require that the tower be designed to look lie something other than a communications tower, e.g. a landmark tower, a clock tower, etc. Option 2: Grant a Special Use Permit for a height of no more than 199’, which would preclude the need for lighting. Lastly, it is recommended that, if permitted at any height, the Special Use Permit expressly state that the Special Use Permit is for Crown Castle and a building permit is not to be issued unless and until a carrier or other lessee of space on the tower makes application under Section H of the County’s Ordinance and can prove that (i) it needs a tower at this location and (ii) proves the minimum height it would need, i.e. Section H. Requirements for an Application for the First Antenna to be attached to an approved Wireless Telecommunications Structure within the parameter of an Approved Special Use Permit. In other words, a Special Use Permit, if granted to Crown Castle, should be granted pursuant to North Carolina G.S. 150A-400.50. Chairman Lunsford asked if there was anyone in the audience that would like to speak in favor of the request. Mr. Henry Campen, Attorney for applicant, Crown Castle, requested the Board to grant the Special Use Permit as well as grant the variance of the 120’ standard to the 250’ tower. Mr. Campen offered three witnesses to provide brief testimony in further support of the application. January 4, 2010 8 Chairman Lunsford swore in the following three witnesses: Mr. Kent Van Riper, principal with the national engineering firm of Kimley-Horn and Associates who was engaged to do the site engineering work for this project, submitted through his Affidavit of Crown Castle’s compliance with every applicable provision of the Person County Wireless Telecommunications Facilities Ordinance and submit that the proposed facility meets all required specifications of the ordinance. Mr. David Smith, MAI, SRA, NC State-Certified General Real Estate Appraiser, offered his opinion that the proposed use will not substantially injure the value of adjoining or abutting property and will be in harmony with the surrounding area. Mr. Michael Beezley, a NC licensed professional engineer and consultant specializing in radio frequency engineering engaged by Crown Castle to examine the need for this tower specifically the site and height in which he testified to the Board and evidenced by the Affidavit Crown Castle’s compliance with certain provisions of the Person County Planning Ordinance. Mr. Campen confirmed to the Board that there were no concerns related to the conditions as recommended by the Planning Board. Mr. Campen stated the application complies with all the requirements of the Person County Ordinance and requested the Board’s approval of the request. The application and exhibit book will be on file in the Office of Clerk and incorporated into these minutes by reference. No one spoke in opposition of the request. A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear and carried to close the Public Hearing for the request by Crown Castle International for a Special Use Permit to construct a wireless telecommunication tower on Longs Store Road. A motion was made by Commissioner Clayton, seconded by Commissioner Jeffers and carried to approve the request by Crown Castle International for a Special Use Permit to construct a wireless telecommunication tower on Longs Store Road as recommended by the Planning Board including the seven conditions as outlined by Ms. Murphy as well as to include option one which requires the light to be shielded. January 4, 2010 9 RETIREE RESOLUTION OF APPRECIATION: Chairman Lunsford read and presented the following Resolution of Appreciation honoring county employee Janet Gentry on her retirement. RESOLUTION OF APPRECIATION WHEREAS, Janet Gentry has served the people of Person County in her capacity as a Processing Assistant IV at the Department of Social Services; and WHEREAS, Janet Gentry has served the citizens of Person County with honor, integrity, sincerity and dedication, providing accurate, concise services for fifteen years, April, 1994 – December, 2009; and WHEREAS, Janet Gentry has earned the respect and admiration of all who have known her and worked with her throughout her career; and WHEREAS, the County of Person recognizes the many contributions Janet Gentry has made to the County and offers her sincere best wishes for her retirement. NOW, THEREFORE, I, Johnny Myrl Lunsford, Chairman of the Person County Board of Commissioners, do hereby extend this Resolution of Appreciation to Janet Gentry for continually striving to make Roxboro and Person County a better place to live and work. Adopted this the 4th day of January, 2010. (signed) ____________________________________ Johnny Myrl Lunsford, Chairman Person County Board of Commissioners Attest: (signed) _______________________ Brenda B. Reaves Clerk to the Board January 4, 2010 10 DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear, seconded by Commissioner Clayton and carried to approve the agenda. INFORMAL COMMENTS: There were no comments from the public. APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear, and carried to approve the minutes of December 7, 2009. ADMINISTRATIVE REPORTS: A motion was made by Commissioner Puryear, seconded by Commissioner Clayton, and carried to approve the Administrative Reports for the Detention Center, Inspections, Library, and Tax Administration & Collections. OLD BUSINESS: REQUEST FROM PERSON COUNTY SCHOOLS TO SET ASIDE LOTTERY FUNDS FOR NEXT 3 YEARS: County Manager, Heidi York reminded the Board at the December 7th Board meeting, a request was presented from the Superintendent for the Board’s consideration to set aside the North Carolina Education Lottery Funds for a three year period. The Board of Education intends to spend these set aside funds to relocate the Person County Learning Academy to their property on Virgilina Road, previously known as the VFW property which would require renovation of the existing facility at a projected cost of $1.8 million. During that discussion, the County Attorney stated that he would like to research whether this decision was permissible or if it would bind the hands of future boards violating general statutes. County Attorney, Ron Aycock stated the sole purpose of his decision was whether or not the Board has the authority to formally bind itself contractually for a multiple year period. Mr. Aycock stated the conclusion reached is that the Board does not have such authority. Public policy and general law requires governmental bodies maintain the authority to make governmental decisions whenever it is in the public interest to do so. The decision to appropriate public funds is a governmental decision so a Board may not bind itself to retain the right to make a governmental decision, in effect, change its mind as to public policy as the need arises. The Board may state the collective, tentative decision of this Board to do something in the future so long as the Board understand that cannot contractually bind the Board or future Boards. January 4, 2010 11 Commissioner Clayton questioned whether set aside lottery funds could be retracted by the State if not used. The County Manager confirmed the State could indeed take back unspent lottery funds. Commissioner Clayton conveyed his dismay if this should happen and noted it would the School Board’s risk to set aside lottery funds. The County Manager confirmed for Commissioner Jeffers that lottery funds are not used for school debt. Commissioner Puryear asked the County Attorney about the contract with the City of Roxboro for fire services as opposed to this proposed contract with the School Board. Mr. Aycock stated the County’s contract with the City obligates the County to purchase services and the City is obligated to provide a service. Commissioner Kennington asked if a School Board could set aside and escrow funds for a specific purpose for multiple years. Mr. Aycock stated a capital plan could be set up with anticipated sources of revenue, i.e. lottery funds, etc. however the only funds appropriated year to year would be bound. A motion was made by Commissioner Kennington, seconded by Commissioner Puryear, that the School Board has the right to set aside lottery funds to accumulate over a period of time requesting the Board of County Commissioners to partner in this efforts by the Chairman of the County Commissioners signing the request by the School Board Chairman to spend the accumulated funds for the purpose as outlined. Commissioner Kennington withdrew his motion stating no motion was needed as this practice already exists and the Board of County Commissioners would continue to operate as in the past by signing off of the lottery requests as submitted by the School Board Chairman. It was the consensus of the Board that no action would be taken on this request. January 4, 2010 12 NEW BUSINESS: GANG ASSESSMENT GRANT AWARDED TO PERSON COUNTY: Juvenile Crime Prevention Council Member, David Carter appeared before to tell the Board the Person County Gang Prevention Partnership (PCGPP) was formed in 2008 based on the growing number of gang related crimes in recent years. There have been numerous indicators from law enforcement suggesting that the number of youth gangs and the number of gang members are growing. PCGPP has already established a planning team using the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Comprehensive Gang Model “A Guide to Assessing Your Community’s Youth Gang Problem”. PCGPP has been assisted by Danya Perry of NC Communities In Schools, who was contracted to guide us through the model. Members of PCGPP include Chief District Court Judge, District Attorney’s Office, NC Department of Juvenile Justice & Delinquency Prevention, Adult Probation, Person County Sheriff’s Department, Roxboro Police Department, County Commissioner, Director of Roxboro Housing Authority, Person County DSS, a juvenile defense attorney, a member of the faith community, a representative of Person County Parks & Recreation, a member of Roxboro City Council, and a citizen-at-large member. Mr. Carter stated that in June 2009, the North Carolina Department of Juvenile Justice and Delinquency Prevention (NCDJJDP) released the announcement for the Community-Based Youth Gang Violence Prevention grants initiative. Juvenile Crime Prevention Councils (JCPC’s) in each county were able to apply for grants to fund gang assessments and/or evidence-based programming/practices to prevent and intervene with gang-involved youth. This initiative has been made possible through a grant awarded to the (NCDJJDP) for $5 million from the North Carolina Governor’s Crime Commission (GCC) which was able to secure these dollars through the American Recovery and Reinvestment Act (ARRA). The grants will fund 2 year projects, but JCPC’s will be asked to reapply for the second year of funding. Unlike the JCPC allocations sent to counties each year, there will be no required local match for these grants. The Person County Juvenile Crime Prevention Council (JCPC) applied for the grant and was awarded $25,000 to be used for a gang assessment in Person County that must be completed by September 30, 2010. The members of both the JCPC and PCGPP will ensure that the process is complete with the assistance of contracting with NC Communities in Schools and Shana Overdorf. Mr. Carter, on behalf of members of both the Person County JCPC and PCGPP respectfully requested approval from the Person County Commissioners to conduct the gang assessment as required by the grant. A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear, and carried to approve the request to conduct the gang assessment as required by the $25,000 grant awarded to the Person County Juvenile Crime Prevention Council. January 4, 2010 13 NORTH CAROLINA DEPARTMENT OF WATER QUALITY’S PROPOSED FALLS LAKE NUTRIENT MANAGEMENT STRATEGY RULES: County Manager, Heidi York stated the NC Department of Water Quality has proposed some rules for Falls Lake that will greatly impact and burden Person County. Ms. York noted the purpose of these proposed rules is to achieve and maintain non-point source nitrogen and phosphorus percentage reduction goals and to protect the water supply, aquatic life and recreational uses of the Falls Reservoir. Person County will be required to develop plans according to the final rules and implement those plans within a specified time frame. These rules apply to existing development, proposed development, and agriculture. For new development, an approved storm water management plan will be required for disturbance over one acre for single family residential and duplexes and one half acre for commercial, industrial, multi-family or local government. Target rates for nitrogen and phosphorus are not to exceed 2.2 and .33 pounds per acre per year. Agricultural uses will be required to achieve certain goals in nitrogen and phosphorus reduction. Planning Director, Paula Murphy told the Board a stakeholders meeting will take place on January 21, 2010 to review the draft rules. The draft rules will then be sent to the Environmental Management Commission in March for a public hearing. Ms. Murphy stated based on the proposed rules for storm water plans, Person County does not have a qualified staff which means a consultant may have to be hired, or existing staff would have to be trained or even hiring an additional staff for this purpose. Commissioner Clayton currently sits on the Board for the Upper Neuse River Basin Association and he told the group that Granville County is a step ahead of Person County as they have an attorney on staff dedicated to working on this watershed issue. Commissioner Clayton suggested with possibility of Person County working with Granville County to joint efforts on this issue. Ms. Sarah Bruce of the Triangle J Council of Government spoke to Board about the proposed rules, the possibility of an additional stakeholders meeting, the fiscal note that will accompany the rules which bears the costs to the local government. Ms. Bruce noted the resources available to the Board for more information are the Upper Neuse River Basin Association, Triangle J and Kerr Tar Council of Governments. Ms. Bruce said a lot more information is needed and a monitoring program is in process to look at the tributaries to gather more data about what is going into the lake. Ms. Bruce stated the reductions in the proposed rules are more stringent than the Jordan Lake rules. Ms. Bruce explained to the Board about modeling – a process whereby water quality data from 2005 to 2007 put into two different water quality models and based on the results, the Division of Water Quality has calculated what Falls Lake would need to be in compliance. January 4, 2010 14 Ms. Bruce stated Senate Bill 981 and other legislation have already been passed by General Assembly that dictates a nutrient management strategy to bring Falls Lake into compliance with water quality standards. Ernie Wood, a land surveyor in Person County, stated his review of a report by the City of Raleigh contained very few field readings and he felt data does not support that water sampling of Person County is impacting the water quality of Raleigh. Mr. Wood recommended to the Board to take water samplings to build a case to find out if Person County is doing something wrong to affect Raleigh’s water quality. Mr. Wood, along with the Board members stated favoring rules that see favorable water quality for everyone, however wanted evidence that Person County is having a negative impact on the water quality in Raleigh. Mr. Wood stated in his opinion the rules will impact Person County specifically by affecting the economy and the farming community. Ms. Bruce suggested to the Board to contact other counties, i.e. Durham, Orange, Alamance that have undergone the Jordan Lake process in terms of the impact to local governments and costs. Commissioner Clayton stated Mr. Jim Wrenn, attorney for Granville County currently working on this issue is willing to meet Person County to group efforts regionally. Ms. Bruce offered to help schedule the meeting It was the consensus of the Board for the Person County Attorney to set up a meeting date with Mr. Jim Wrenn, attorney working in Granville County. DONATION FROM THE ARTS COUNCIL TO EXTEND THE HOURS OF THE KIRBY GALLERY: Arts, Parks & Recreation Director, Mitch Pergerson informed the Board that the Arts Council on December 1, 2009 voted to give $2500 to Person County Recreation Arts & Parks. This donation, Mr. Pergerson noted is to be earmarked for part time salaries to extend the office hours of the Kirby Gallery. At present the Kirby Gallery is open Wednesday, Thursday, and Friday from 1:00 -5:00 p.m. The donated monies will allow the Kirby Gallery to have office hours on Monday and Tuesday from 1:00 -5:00 p.m. as well. Mr. Pergerson pointed out that when the FY 09-10 budget was adopted; 4 hours per week was cut from the budget resulting in the Kirby Gallery having office hours three days whereas before it was open four days each week. Mr. Pergerson noted that anytime anyone wants to rent/book the Kirby Civic Auditorium, or purchase tickets, it is done from the Kirby Gallery office. Purchase of tickets can be done online but exchanging online is not an option at this time. Mr. Pergerson told the Board of plans for the upcoming Fiscal Year 2010-2011 budget will include requesting $2500 to add one day back to the schedule as well as requesting the Arts Council to match with $2500 so the Kirby Gallery can be open 5 days per week. The request to accept the donation this date is not subject to any additional cost to the County at this time. The Recreation Advisory Board endorses the above action. January 4, 2010 15 A motion was made by Commissioner Kennington, seconded by Commissioner Puryear, and carried to accept the $2500 donation from the Arts Council earmarked for salaries to extend the hours of the Kirby Gallery as well as direct Mr. Pergerson to write a letter of thank you on behalf of the Board of County Commissioners to the Arts Council for the generous donation. AMENDMENT TO RECORDS RETENTION: Sheriff Dewey Jones stated his office was requested by the State to make two corrections by amendment to the Sheriff’s Records Retention and Disposition Schedule. The Local Records Unit of the Government Records Branch has published an amendment to the Sheriffs’ Local Retention and Disposition Schedule. Sheriff Jones noted the amendment was before the Board for approval. The amendment deals with Sexual Offender Records in two points: 1) Retain records until court petition and review by the state, the length of the court order, or 30 years, whichever is greater. 2) “Sexually Violent Offenders Program” – Retain until known dead or after 90 years. A motion was made by Commissioner Puryear, seconded by Commissioner Clayton, and carried to approve the amendment to the to the Sheriffs’ Local Retention and Disposition Schedule DISCUSSION AND RECOMMENDATIONS FOR COURTHOUSE RENOVATION AND ROOFING PROJECTS: Finance Director, Amy Wehrenberg presented the Board with financing options for the Courthouse Renovation and Roofing projects as well as presented possibilities for grouping the Courthouse Renovation with the roofing projects scheduled for summer 2010 versus the roofing scheduled for 2011 as one financing issuance. Ms. Wehrenberg noted the financing options and other possible revenue sources (stimulus funds) presented came through conversations with representatives of the Local Government Commissioner, NC Department of Commerce and Person County’s Bond Attorney noting there are timing issues that impact decisions the Board needs to make in the near future. Ms. Wehrenberg stated the Courthouse Renovation estimated at $3,200,000 will be shovel ready after a decision has been made about the probation office space, possibly bidding out as early as spring 2010 with construction to begin in the summer 2010. The County has 17 roofing projects in the CIP, 4 noted as the most critical roofing total $2,045,000 scheduled for summer 2010, the remainder 13 other project are estimated at a cost of $5,310,000 scheduled for summer 2011. Ms. Wehrenberg outlined her recommendations as follows: January 4, 2010 16 January 4, 2010 17 January 4, 2010 18 January 4, 2010 19 Ms. Wehrenberg stated her recommendation would revamp the Capital Improvement Plan that will before the Board in the spring 2010 as well as Board action approval a project ordinance would be needed to move forward with the bids for the Courthouse Renovation should the Board accept the recommendation. Commissioner Puryear stated he was not in favor of Courthouse Renovation at this time but agreed the Build America Bonds was the best option for stimulus funding. Commissioners Clayton, Jeffers, Kennington offered comments agreeing the Build America Bonds would be the most logical option to access stimulus funding. County Manager, Heidi York noted the Board would be discussing the possibilities of probation space at its next meeting and those decisions may aid the Board decision for the projects recommended by the Finance Director. Commissioner Kennington was interested in moving up the other roofing projects that are estimated at $5.2 million to take advantage of the stimulus funding savings of the Build America Bonds. Ms. Wehrenberg stated that scenario would be ideal however the deadline of the stimulus funding (Jan. 1, 2011) and design work required for the roofing projects required a year making those roofing project administratively impossible to fit the timing schedule. A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, to accept the recommendation of the Finance Director to move the Courthouse Renovation up for bidding in the Spring, access stimulus funding using the Build America Bonds, and group the Most Critical Roofing projects in the Courthouse Renovation for a private-placement financing enabling Person County to take advantage of currently low rates, additional revenue from the stimulus funding, reasonable management and oversight of the project reporting requirements, and the ability to accomplish much in the way of needed capital improvements. An amended motion was made by Commissioner Jeffers, seconded by Commissioner Clayton and carried to use the Build America Bonds over the Recovery Zone Economic Development Bonds as the stimulus funding option for the Courthouse Renovation and Roofing Projects. Chairman Lunsford thanked Ms. Wehrenberg for her research and recommended options in an effort to save the County money. January 4, 2010 20 BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Commissioner Jeffers, and a second by Commissioner Clayton and majority vote, the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 4th day of January 2010, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 6,586 Public Buildings & Grounds 12,250 Public Safety 8,964 Culture & Recreation 2,500 Human Services (5,769) REVENUES General Fund Intergovernmental Revenues (2,099) Other Revenues 10,260 Fund Balance Appropriated 16,370 Appropriate: Rent payments for remaining six months of the fiscal year for the Probation Office that the County is required to take over from what was previously the State's responsibility ($12,250); City of Roxboro's share of Election Fees for City Election ($6,586); State Criminal Alien Assistance Program Grant received in the Sheriff's Office ($4,844); Donations received in the Public Library ($2,500); approved funds in the 12/7/09 meeting for a request by the Register of Deeds Office for the preservation of Deed Books V, 16 & 25 to be appropriated from fund balance in the Preservation and Technology Fund ($4,120); and donations ($1,174) and other program adjustments in DSS ($-6,943). January 4, 2010 21 PUBLIC HEALTH AND SOCIAL SERVICES CLASSIFICATION AND PAY SCALE CONDUCTED BY THE MAPS GROUP: County Manager, Heidi York reminded the Board of the full Classification and Pay Study conducted for Person County in spring 2006 whereby the County adopted a strategy to stay competitive with the market. Ms. York stated Fiscal Year 2008-2009 Public Safety jobs were reviewed as the first of three phases of the study. Ms. York stated the second phase of the study was before the Board for approval noting Public Health and Social Services jobs were reviewed for the Fiscal Year 2009-2010 study. Ms. Becky Veasey of the MAPS Group met with both directors of Public Health and Social Services and reviewed all positions in the study. The study includes salary data from surrounding counties and/or similar populations. Ms. York noted the study does not account or help alleviate the compression Person County faces with staff due to not having a pay system that allows employees to move through the range, such as a merit pay system. Human Resources Director, Angie Warren highlighted the positions at Public Health that is recommended by the MAPS Group to be raised one grade level: all the Public Health Nursing positions, Environmental Specialist, Soil Scientist, and the Environmental Health Supervisor I. Social Services data collected indicated all positions were at market level. Ms. York confirmed to the Board that the funding to implement the second phase of the MAPS recommendations was included in the Governing Body budget adopted for Fiscal Year 2009-2010. A motion was made by Commissioner Puryear, seconded by Chairman Lunsford, and carried to direct the County Manager to implement the second phase of the MAPS recommendations. 2010 CENSUS PARTNER PROCLAMATION: Chairman Lunsford presented the 2010 Census Partner Proclamation noting Commissioner Jeffers would represent Person County and the Board by delivering Person County’s 2010 Census Partner Proclamation in Durham on January 5, 2010. January 4, 2010 22 January 4, 2010 23 RULES OF PROCEDURE: Chairman Lunsford stated to the Board that the Rules of Procedure were included in the packet as a reminder for the Board members as well as to aid the Board in establishing a Code of Ethics in the future. BOARD OF COMMISSIONERS COMMITTEE ASSIGNMENTS: Chairman Lunsford stated the Board of County Commissioners’ Committee Assignments was included in the packet noting the importance of Commissioner representation at committee meetings. Commissioner Clayton noted the City of Roxboro is not currently a member of the Upper Neuse River Basin Association and he feels the City of Roxboro will be impacted and needs representation. Commissioner Kennington gave the example of a committee truly working for Person County by highlighting the High Speed Internet Committee and its accomplishments going against CenturyLink. January 4, 2010 24 2010 Person County Board of Commissioners COMMITTEE ASSIGNMENTS Vice-Chairman Jimmy B. Clayton COG Board Local Emergency Planning Committee NCACC – Liaison Neuse River Basin Association Orange-Person-Chatham Mental Health Board Region K Workforce Development Board Commissioner B. Ray Jeffers Council on Aging Extension Advisory Committee Fire Committee Home Health & Hospice Advisory Committee Home & Community Care Block Grant Adv. Committee Social Services Board Tar-Pamlico River Basin Commissioner Sam Kennington Airport Commission Chamber of Commerce Economic Development Commission (EDC) Person Memorial Hospital Board of Trustees Roxboro/Person County Development Board (Economic) Roxboro Development Group Solid Waste Advisory Committee Chairman Johnny Myrl Lunsford Airport Commission COG Board Health Board Juvenile Crime Prevention Council Person Area Transportation System Board Recreation Advisory Committee Smart Start Commissioner Kyle Puryear Animal Control Advisory Committee E-911 Committee Economic Development Commission (EDC) Ex-Officio High Speed Internet Committee Hyconeechee Regional Library Board Kerr Tar Rural Planning Organization (RPO) Thoroughfare Advisory Committee Transportation Development Plan Steering Committee (TDP) 1/4/2010 January 4, 2010 25 CHAIRMAN’S REPORT: Chairman Lunsford stated Congressman Brad Miller contacted him concerning the Resolution submitted by Person County and asked if Person County was still interested in pursuing in which Chairman’s Lunsford replied affirmatively. MANAGER’S REPORT: County Manager, Heidi York had no report. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington led the group to sing “Happy Birthday” to the County Manager. Commissioner Kennington thanked David Rogers, Paul Bailey and all others involved in preparing the holiday stew. Ms. York noted the Wellness Committee planned the holiday stew event. Chairman Lunsford commended the County Manager for employee recognition at the holiday stew event. Commissioner Puryear had no report. Commissioner Jeffers requested the County Manager to review the smoking ban effective January 2, 2010 and its affect on an internet café. Commissioner Clayton had no report. January 4, 2010 26 ADJOURNMENT: A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers, and carried to adjourn the meeting at 9:07 p.m. _____________________________ ______________________________ Brenda B. Reaves Johnny Myrl Lunsford Clerk to the Board Chairman