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PERSON COUNTY BOARD OF COMMISSIONERS MAY 17, 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, May 17, 2010 at 9:00 a.m. in the Commissioners’ meeting room in the Person County Office Building.
Chairman Lunsford called the meeting to order and asked Commissioner Clayton
to lead in prayer. Commissioner Kennington led the Pledge of Allegiance. A moment of silence was dedicated to the memory of Doug Newell. Commissioner Puryear was absent until 9:30 a.m.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Kennington, seconded by Commissioner
Jeffers and carried 4-0 to defer the item titled Airport Easement Quitclaim Deed to the
Board’s agenda on June 21, 2010.
A motion was made by Commissioner Kennington, seconded by Commissioner
Jeffers and carried 4-0 to recess this meeting at approximately 10:30 a.m. to allow
individuals the opportunity to attend the funeral of Doug Newell. It was the consensus of
the Board to reconvene at 2:00 p.m. this date.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Kennington and carried 4-0 to approve the agenda as adjusted.
INFORMAL COMMENTS: There were no comments from the public.
APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried 4-0 to approve the minutes of May 3, 2010.
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ADMINISTRATIVE REPORTS: A motion was made by Commissioner Kennington, seconded by Commissioner
Jeffers, and carried 4-0 to approve the Administrative Reports for Emergency Services,
Inspection Department, and Library.
PERSON COUNTY RENOVATION OF COURTHOUSE, CONSTRUCTION AND RE-ROOFING FOR COMMUNITY COLLEGE, SCHOOLS AND COUNTY BUILDINGS CAPITAL PROJECT ORDINANCE (AMENDED):
Finance Director, Amy Wehrenberg stated the Board, at its meeting on May 3,
2010, adopted a Capital Project Ordinance for construction and renovations at the Courthouse and some re-roofing projects. Ms. Wehrenberg noted the Project Ordinance
adopted on May 3, 2010 provided for $100,000 of the funding to come from the County
General Fund. Ms. Wehrenberg stated it was the intention by staff and by the Board’s
action in the adoption of the Capital Improvement Plan for the $100,000 to come from
the Capital Reserve Fund. Ms. Wehrenberg requested the Board to adopt the Person County Renovation of Courthouse, Construction and Re-Roofing for Community
College, Schools and County Buildings Capital Project Ordinance (Amended) to reflect
that intention.
A motion was made by Commissioner Clayton, seconded by Commissioner Kennington, and carried 4-0 to adopt the Person County Renovation of Courthouse,
Construction and Re-Roofing for Community College, Schools and County Buildings
Capital Project Ordinance (Amended).
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HYCONEECHEE REGIONAL LIBRARY SYSTEM CONTRACT APPROVAL:
Hyconeechee Regional Library Director, Lucinda Munger requested the Board to
renew the annual contract with the Hyconeechee Regional Library System (HRLS) that establishes operational and financial responsibilities for coordinating library services in
the Counties of Caswell, Orange, and Person. HRLS was first organized under State
statutes in 1949 to provide for the administration of library services within the region.
Each library within the region functions as a county department in its county of location.
State Aid to Public Libraries is distributed according to a formula. The formula allocates 50 percent of total State Aid as equal block grants to each eligible county, plus an
additional block grant to each multi-county regional library. The three counties benefit
financially by virtue of their regional alliance along with shared opportunities for
strategic planning and staff development. Ms. Munger stated $117,500 in State Aid is
expected for Person County. The annual contract specifies the roles and responsibilities under which HRLS business affairs are conducted. The Orange County Financial
Services Director serves as Fiscal Agent and the Orange County Library is designated as
the regional system headquarters. There are no changes in content of language in the
contract renewal for Fiscal Year 2010-2011.
Commissioner Kennington reminded Person County citizens of the benefit of
using both Orange and Caswell libraries with no out of county fees charged.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried 4-0 to approve the Hyconeechee Regional Library System Contract Renewal for Fiscal Year 2010-2011.
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APPOINTMENT TO HOME HEALTH AND HOSPICE ADVISORY COMMITTEE:
Clerk to the Board, Brenda Reaves informed the Board of interested citizens’
response to boards and committees as advertised in The Courier Times on March 24, 2010 with a deadline to submit an application by April 27, 2010. Ms. Reaves presented
the Board with one application for consideration of reappointment to the Home, Health
and Hospice Advisory Committee. The applicant, Janine B. Wall would represent
Piedmont Community College for a 3-year term on the Home, Health and Hospice
Advisory Committee.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried 4-0 to reappoint Janine B. Wall to the Home, Health and Hospice
Advisory Committee for a 3-year term.
COMMUNITY TRANSPORTATION PROGRAM RESOLUTION FOR FISCAL YEAR 2010-2011: County Manager, Heidi York stated at the Board’s April 19, 2010 meeting, a
public hearing was conducted and the grant application for the NC Department of
Transportation’s- Community Transportation Program for administrative and capital
costs for the Person Area Transportation System (PATS) was approved. A Resolution acknowledging that Person County will apply for the grant and will meet administrative
requirements to provide rural transportation services must also be adopted.
Ms. York requested Board adoption of the Community Transportation Program
Resolution seeking funding through the Community Transportation Program Grant for the PATS program.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried 4-0 to adopt the Community Transportation Program Resolution for Fiscal Year 2010-2011.
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PERSON COUNTY GOVERNMENT’S 2010 PROPOSED EARLY RETIREMENT
INCENTIVE PROGRAM:
County Manager, Heidi York stated as part of the Fiscal Year 2010-2011 budget, a proposed Early Retirement Incentive Program (ERIP) has been developed in an effort
to achieve efficiencies and cost savings for the county while providing eligible employees
an opportunity to transition into retirement. Ms. York presented the draft policy for the
Board’s review and adoption, if appropriate. Employees who wish to participate must
apply by July 1, 2010 and elect to retire effective September 1, 2010. The incentives being proposed include a one-time lump sum payment; payment of accrued annual leave
up to a maximum of 240 hours; and a full year of longevity pay in addition to the health
insurance currently offered to retirees. The Human Resources Department will be
conducting several informational workshops for interested employees.
Ms. York gave the Board the following informative presentation on the 2010
Proposed Early Retirement Incentive Program:
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Ms. York explained the clause in the proposed policy giving the County Manager
the discretion to approve an exception or modification noting approval will be on a case
by case basis and the ability to adjust the retirement date is requested to adequately meet
the needs of the department or the particular job affected by the early retirement.
Ms. York asked Angie Warren, Human Resources Director to give the Board an
overview of the proposed policy for the 2010 Early Retirement Incentive Program
outlining the eligibility requirements and time line for participation. Ms. Warren stated
preliminary information communicating Board of County Commissioner’s approval will be distributed on May 18, 2010 should the Board decide to approval the policy. Ms.
Warren confirmed to the Board the $10,000 lump sum incentive payment is not
considered in the final compensation amount used for the calculation of retirement
benefits as provided in the NC Local Governmental Employees’ Retirement System. Ms.
Warren confirmed the payout of accrued annual leave up to 240 hours and a full year longevity pay would be included in the calculation of the employee’s retirement benefits.
The Board discussed changing the statement related to an employee participating
in the program shall not be eligible for re-employment with the County as a permanent or
provisional employee. It was the consensus of the Board that once an employee has retired for at least 30 days, the retiree could be considered for hire as a part-time without
benefits to be paid hourly at the discretion of the County Manager keeping the prohibition
retired employees of this program from consideration of re- hire for permanent, full-time
including benefits.
Ms. Warren noted the Notice of Voluntary Resignation Form, the Election and
Release Form, the Revocation of Election to Participate Form and the Early Retirement
Incentive Program Revocation Form stating an employee would have the right to revoke
within seven days from the date the employee signs the Release.
Ms. York confirmed the Proposed Early Retirement Incentive Program is a one-
time offer to the eligible County employees.
Mr. Aycock stated the County Manager could have the right to terminate or
eliminate the program at such time the applications have been received and reviewed concluding that the program would not be advantageous to the county. There is an
argument that the County Manager might do so under the provision in the Notice of
Voluntary Resignation with right to reject applications on a one by one basis. Mr.
Aycock stated concern using the provision on the Notice of Voluntary Resignation Form
for justification should all applications be rejected. To ensure the Proposed Early Retirement Incentive Program is a cost effective program for the county, after all
applications are received, Mr. Aycock suggested the following language be inserted in
the policy giving the County Manager the right to analyze all the applications and based
on the participation, revoke the program as well as communicate such revocation to each
County Commissioner and all County employees.
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Mr. Aycock recommended the following be inserted into the appropriate sections
of the policy and forms:
The County Manager may revoke and eliminate the Early Retirement Incentive Program at any time prior to its initiation on July 1, 2010 if she finds that implementation
would not be beneficial and cost effective for the County. A revocation of the program
shall be communicated to each County Commissioner and all County employees.
A motion was made by Commissioner Kennington, seconded by Commissioner
Clayton, and carried 5-0 to approve the one-time Person County Government 2010 Early
Retirement Incentive Program with the corrections in regard to part-time employees and
the County Attorney’s recommended insertion giving the County Manager to right to
revoke and eliminate by July 1, 2010 if not cost effective for the County.
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PRELIMINARY RESOLUTION AND CALL FOR PUBLIC HEARING – FINANCING OF COURTHOUSE RENOVATION AND RE-ROOFING FOR
VARIOUS BUILDINGS:
Finance Director, Amy Wehrenberg requested action on the Resolution titled “RESOLUTION CALLING A PUBLIC HEARING ON WHETHER THE BOARD OF
COMMISSIONERS FOR THE COUNTY OF PERSON, NORTH CAROLINA
SHOULD APPROVE A PROPOSED INSTALLMENT FINANCING AGREEMENT
TO FINANCE A PORTION OF THE COST OF VARIOUS CAPITAL
IMPROVEMENTS AND PROVIDING FOR CERTAIN RELATED MATTERS.” Ms. Wehrenberg read and explained the Resolution before the Board for approval outlining
each section to comply with the General Statutes.
Section 1 calls for a public hearing to facilitate receiving public input on the
proposed financing as required by North Carolina General Statutes, Section 2 gives directions to the Clerk of the Board to publish the notice of the
public hearing,
Section 3 sets forth certain findings and determinations regarding the proposed
financing that it is necessary and expedient to provide funding by debt; that this particular
type of financing is preferable; the amount of the proceeds of the proposed debt is sufficient; the county’s debt policies are in good order; an increase in taxes to fund
repayment of the debt is not anticipated; and that the County is not in default on any of its
debt,
Section 4 designates and authorizes certain County officials to represent the
County in filing an application with and requesting approval from the Local Government Commission (LGC) for the proposed financing agreement,
Section 5 requests that the Board seek approval from the LGC to approve the
proposed financing agreement,
Section 6 designates the special counsel to represent the County’s interests, and
Section 7 notes the resolution is effective upon its passage by the Board.
Commissioner Kennington requested the county to seek local law firms to serve
as special counsel to represent the County’s interests in the future.
Ms. Wehrenberg stated the public hearing will be held to allow citizens to offer comments. The financing documents will be before the Board at the June 21, 2010 Board
meeting for consideration.
A motion was made by Commissioner Clayton, seconded by Commissioner Jeffers, and carried 5-0 to adopt the Resolution Calling A Public Hearing On Whether The
Board Of Commissioners For The County Of Person, North Carolina Should Approve A
Proposed Installment Financing Agreement To Finance A Portion Of The Cost Of
Various Capital Improvements And Providing For Certain Related Matters.”
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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 Clayton
and majority vote, the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 17th day of May 2010, as follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 17,518
Public Safety 5,890
Contingency (5,000)
Courthouse Renovation, Construction and Re-Roofing Project 365,000
REVENUES General Fund
Charge for Services 5,890
Intergovernmental Revenues 12,518
Transfer from other funds 365,000
Fund Balance Appropriated
(365,000)
Courthouse Renovation, Construction and Re-Roofing
Project
Transfer to General Fund 365,000
Appropriate: Property & Liability insurance payment for a claim filed with the NCACC
Risk Pool ($5,000); revenues above estimates in Concealed Weapons Permit Fees
($5,890); transferring funds back to the General Fund from the Courthouse Renovation and Re-Roofing Project Fund in order to reflect budget actions taken on the current
Project Ordinance ($365,000); and Restricted Technology Funds for the Register of
Deeds Office for the purchase of computer-related equipment ($12,518).
RECESS: A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, to recess the meeting at 9:48 a.m. until 2:00 p.m. this date.
A substitute motion was made by Commissioner Kennington, seconded by
Commissioner Puryear, and carried 5-0 to recess the meeting at 9:49 a.m. to reconvene
at 6:30 p.m. this date.
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Chairman Lunsford called the recessed meeting to order at 6:30 p.m.
Commissioner Jeffers was absent until 6:45 p.m.
A motion was made by Commissioner Clayton, seconded by Commissioner Puryear, and carried 4-0 to add an item to the agenda titled Bow and Arrow Hunting on
Sunday.
PRESENTATION OF THE FISCAL YEAR 2010-2011 MANAGER’S
RECOMMENDED BUDGET:
County Manager, Heidi York stated the recommended, annual budget is one of the most important responsibilities conferred upon Managers in North Carolina. North
Carolina General Statute 159 specifies that a recommended budget for the upcoming
fiscal year be given to the Board of County Commissioners by June 1st. The Local
Government Budget and Fiscal Control Act require the recommended budget be
balanced. Ms. York commended the quality of work of the employees of Person County Government and the services provided to residents every day. Ms. York thanked County
employees for the sacrifices made as well as the leadership and professionalism by the
department heads to enable her to present a balanced budget. Ms. York presented the
Board with the following 2010-2011 Recommended Budget presentation:
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Ms. York handed off her Recommended Budget to the Board for their careful
consideration of priorities and needs of Person County as an Adopted Budget is achieved.
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BOW AND ARROW HUNTING ON SUNDAY:
Commissioner Clayton stated Representative Wilkins informed him that the North
Carolina Wildlife Resources Commission is passing a rule to allow bow and arrow hunting on Sunday noting some counties were opposed thereby endorsing legislation for
exception. Commissioner Clayton stated he is a National Rifle Association supporter and
a hunter but opposed to bow hunting on Sunday.
Commissioner Jeffers, an avid hunter, stated the stipulation for hunting with bow and arrow on Sunday is to hunt on private property. Commissioner Jeffers stated the
choice should be up to the individual land owner to make a personal choice.
Commissioner Jeffers stated opposition to the motion.
Commissioner Puryear stated support of the motion.
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear, and carried by majority vote 4-1 that the Person County Board of
Commissioners oppose the rule to allow hunting with bow and arrow on Sunday and that Person County be included in legislation to prohibit such in Person County.
Commissioner Jeffers cast the dissenting vote. The Clerk to the Board will prepare a
Resolution Opposing Bow Hunting on Sundays for the Chairman’s signature.
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SETTING DATE AND TIME FOR A BUDGET WORK SESSION: A motion was made by Chairman Lunsford, seconded by Commissioner Puryear,
and carried 5-0 to schedule the first budget work session for Monday, May 24, 2010 to
begin at 9:00 a.m. in the Commissioner’s meeting room. The budget work session will be streamed on the Person County website.
CHAIRMAN’S REPORT:
Chairman Lunsford stated recent Board participation at the Eagle Scout Award
Program held on May 8, 2010 as well as the Flag Dedication at Mayo on May 12, 2010. Chairman Lunsford commended Commissioner Puryear for his speech at the Flag
Dedication.
Chairman Lunsford acknowledged a letter received from the Government Finance
Officers Association notifying the Board the Finance Department qualified for a Certificate of Achievement for Excellence in Financial Reporting once again. Chairman
Lunsford stated a formal presentation will be made public once the award has been
received.
MANAGER’S REPORT: County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Kennington had no report.
Commissioner Puryear congratulated the Eagle Scouts and their parents as well as
thanked the Disabled Veterans for inviting the Board to the Flag Dedication.
Commissioner Puryear encouraged citizens to visit Mayo Park to view exhibits on
display until the end of May. Commissioner Puryear stated he was honored to be a part
of the Flag Dedication and the presentation of the flag from the USS Arizona Memorial. Commissioner Puryear recognized the veterans who have fought for our country.
Commissioner Jeffers apologized for being late to the Board meeting noting he
attended the FFA Banquet for a while on behalf of the Board.
Commissioner Clayton had no report.
RECESS:
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried 5-0 to recess the meeting at 7:12 a.m. until May 24, 2010 at 9:00 a.m., in the Commissioner’s meeting room.
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Brenda B. Reaves Johnny Myrl Lunsford Clerk to the Board Chairman