November 15
November 15, 2010 1
PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 15, 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, November 15, 2010 at 9:00 a.m. in the County Office Building Auditorium.
Chairman Lunsford called the meeting to order and asked Commissioner Clayton
to lead in prayer and Commissioner Kennington to lead the Pledge of Allegiance.
RECOGNITION OF LOCAL GOVERNMENT DAY:
Chairman Lunsford welcomed the Person High School students participating in
Local Government Day to observe the Board of County Commissioners in session.
All Board members, County Attorney, County Manager and Clerk to the Board
gave an introduction to the group.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Kennington, seconded by Commissioner
Puryear and carried 5-0 to add to the agenda a Closed Session for personnel and
contracts.
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers and carried 5-0 to add to the agenda an item considering a Memorandum of
Understanding between Person County and the City of Roxboro regarding Person County Communications (911) and the Statewide VIPER System Radio Tower.
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers and carried 5-0 to approve the agenda as adjusted.
RESOLUTIONS OF APPRECIATION:
Chairman Lunsford read and presented Resolutions of Appreciation for Person
County Retirees Lou Harris and Connie Slaughter.
November 15, 2010 2
RESOLUTION OF APPRECIATION
WHEREAS, Lou Harris has served the people of Person County during
her tenure as an Income Maintenance Caseworker III at the
Department of Social Services; and
WHEREAS, Lou Harris has served the citizens of Person County with
honor, integrity, sincerity and dedication, providing accurate,
concise services for twenty-one years, October, 1989 –
November, 2010; and
WHEREAS, Lou Harris 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 Lou
Harris 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 Lou
Harris for continually striving to make Roxboro and Person County a better place
to live and work.
Adopted this, the 15th day of November, 2010.
(signed)
________________________________
Johnny Myrl Lunsford, Chairman
Person County Board of Commissioners
Attest:
(signed)
_______________________
Brenda B. Reaves
Clerk to the Board
November 15, 2010 3
RESOLUTION OF APPRECIATION
WHEREAS, Connie Slaughter has served the people of Person County
during her tenure as an Accounting Technician III at the
Department of Social Services; and
WHEREAS, Connie Slaughter has served the citizens of Person County
with honor, integrity, sincerity and dedication, providing
accurate, concise services for twenty-three years, November,
1987 – November, 2010; and
WHEREAS, Connie Slaughter 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
Connie Slaughter 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
Connie Slaughter for continually striving to make Roxboro and Person County a
better place to live and work.
Adopted this, the 15th day of November, 2010.
(signed)
_______________________________
Johnny Myrl Lunsford, Chairman
Person County Board of Commissioners
Attest:
(signed)
_______________________
Brenda B. Reaves
Clerk to the Board
November 15, 2010 4
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Martin Rimmer of 12200 Hurdle Mills Road, Hurdle Mills, and Assistant
Chief for the Hurdle Mills Volunteer Fire Department spoke to the item on the agenda
related to Volunteer Fire Department Contracts noting the proposed contract was
presented to the Fire Chiefs on November 3, 2010 via email and has not been addressed at the Fire Chiefs quarterly meeting nor sufficient time been allowed to discuss with Fire
Department Board members.
Mr. Patrick Riley of 256 Hicks Yarboro Road, Roxboro made comments
regarding the Board’s last meeting informal comments period as he requested the minutes be corrected for the October 18, 2010 Board meeting minutes related to Ad Valorem
Property Tax Deferred Agricultural Land Tax Hearing to be accurate according to the NC
General Statutes. Mr. Riley stated the County Attorney skirted the accuracy law
implying his testimony need not be considered in the minutes and accused the Board of
dissecting the property tax payer’s life and grossly misrepresented testimony from record and further noted such blatant arrogance never wins respect from the people, only
contempt. Mr. Riley stated review of the October 18, 2010 indicates his property tax
testimony was the only one butchered and concerning this issue, Mr. Riley recounted a
public hearing for Cogentrix held before the City Council whereas he described an entire
dialogue deleted from the minutes. Mr. Riley stated the informal comments minutes for the Board’s November 1, 2010 meeting where he made comments are also butchered.
Mr. James Hughes of 1387 Saint Paul Church Road, Roxboro and Assistant Chief
for the Triple Springs Volunteer Fire Department requested the proposed contract for
Volunteer Fire Department be presented to the Fire Chiefs Association.
APPROVAL OF MINUTES:
A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, and carried 5-0 to approve the minutes of October 25, 2010 and November 1,
2010.
ADMINISTRATIVE REPORTS: A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried 5-0 to approve the Administrative Reports for the Airport, Inspection
Department and Public Library.
November 15, 2010 5
OLD BUSINESS:
REQUEST BY PROGRESS ENERGY FOR A SPECIAL USE PERMIT AND
VESTED RIGHTS FOR A MONOFILL (INDUSTRIAL LANDFILL FOR DISPOSAL OF COAL COMBUSTION PRODUCTS) OFF OLD 501, WOODSDALE TOWNSHIP: County Attorney, Ron Aycock stated on October 4, 2010, the Person County
Board of Commissioners held a public hearing to receive evidence on the request from
Progress Energy for a Monofill Special Use Permit and Vested Rights for an industrial landfill for disposal of coal combustion products on 659 acres owned by Progress Energy.
The actual footprint of the landfill will be 118.4 acres when completed with access to the
site off of Old 501, north of the Mayo Plant.
Mr. Aycock noted the Board, after hearing the testimony at the public hearing on October 4, 2010, tabled the request. Mr. Aycock stated the request is on the agenda this
date for Board action. Mr. Aycock presented to the Board two optional actions of ruling,
positive and negative, for findings of fact and conclusions of law reminding the Board of
the quasi-judicial function in which Board members consider the facts and evidence of
the public hearing like in a court of law.
A motion was made by Commissioner Puryear, seconded by Chairman Lunsford,
to adopt the findings of fact and conclusions of law and grant Progress Energy a special
use permit with conditions recommended by the Planning Board and grant vested rights for a five-year period.
Commissioner Kennington asked the County Attorney if unanswered questions
can be directed to the Planning Director. Mr. Aycock stated the process required by law
allows only discussion amongst Board members at this time following the testimony heard at the public hearing.
Commissioner Kennington asked if the procedures outlined by the County
Attorney applied to all special use permits. The County Attorney, Ron Aycock
confirmed the procedure would apply to all special use permits noting the process for considering a special use permit measures if standards set forth in the Planning Ordinance
have been met against the facts.
November 15, 2010 6
A substitute motion was made by Commissioner Kennington, seconded by
Commissioner Puryear, to add the following requirements to Progress Energy:
1) meet with the 18 individual adjacent property owners to answer any questions
or concerns, 2) ask NC DOT to make determination if a lane turn is needed on 501 N where
the 100 trucks will be traveling between 8:00 am to 5:00 pm on a daily basis,
3) coal ash be wet down or covered on a daily basis to prevent fugitive dust
leaving the area,
4) require a fence around the monofill footprint to prevent illegal entry, and 5) increase the buffer from 200 feet to 300 feet.
Commissioner Puryear asked for further detail of the substitute motion.
Commissioner Kennington stated the intent of the substitute motion was to ensure the adjacent property owners are given the opportunity to meet with Progress Energy to
discuss concerns, defer assessment and decision to NC DOT regarding improvement on
public road, ensure safety practices on a daily basis regarding fugitive dust, preventing
children in the neighborhood entry into the area since the area will not always be
supervised as well as increasing the buffer is not an unreasonable request.
Mr. Aycock stated Commissioner Kennington’s substitute motion is adding
conditions to the issuance of the special use permit and recommended the Board be
specific of such conditions so the applicant knows exactly what is required.
Commissioner Puryear stated confidence in the Planning Board’s
recommendation as noted in his original motion.
Commissioner Kennington withdrew his substitute motion and requested the items mentioned in the substitute motion be considered for additional requirements in
order to issue the special use permit.
Commissioner Puryear stated his original motion stands as called.
November 15, 2010 7
A substitute motion was made by Commissioner Kennington, seconded by
Commissioner Jeffers, and carried 5-0 to adopt the findings of fact and conclusions of
law for a positive ruling to grant Progress Energy a special use permit with conditions recommended by the Planning Board as well as grant vested rights for a five-year period
subject to the additional requirements to Progress Energy:
1) meet with the 18 individual adjacent property owners to answer any questions
or concerns,
2) comply with any NC DOT requirements regarding a turn lane on 501 N, 3) coal ash will be managed in such a way to prevent fugitive dust leaving the
area in accordance with the operating permit issued by NCDENR,
4) require a fence around the portion of the monofill footprint where operations
have begun in order to prevent illegal entry, provided that such fencing may be removed
from any portion of the footprint once that portion has been closed pursuant to NCDENR regulations, and
5) increase the buffer from 200 feet to 300 feet from adjacent property lines.
Commissioner Kennington confirmed for Commissioner Puryear that Progress
Energy owns the land to meet the last requirement.
November 15, 2010 8
The Board adopted the following findings of fact and conclusions of law and
granted Progress Energy a special use permit and vested rights for a five- year period for
the Monofill noted above:
FINDINGS OF FACT
1. All parties necessary to the determination of this request were properly
notified and were or had the opportunity to be represented at the hearing.
2. Section 74-4 of the Person County Planning Ordinance requires the
following conditions be satisfied before a special use permit may be issued:
a. 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;
b. that the use meets all required conditions and specifications;
c. that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
d. 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.
3. The competent, credible evidence produced at the hearing of this matter established that the applicant has satisfied the above criteria, as follows:
a. state-of-the-art technology will be used to minimize the possibility
of any environmental contamination, the use is less environmentally sensitive than the
existing use that it will replace, the use will comply with all state and federal regulations,
and the use is wholly contained within lands owned by the applicant and there are no nearby residences;
b. all conditions and specifications of the Planning Ordinance for this
use have been met;
c. the use will not substantially injure the value of adjoining or
abutting property, as all adjoining and abutting property is owned by the applicant and used as part of an electric power generation plant, other nearby properties primarily are
vacant and undeveloped, and the use is a public necessity; and
d. the general area is undeveloped with some industrial uses
(including the applicant’s power generation plant) and the use is in conformity with the
comprehensive plan for the area.
November 15, 2010 9
4. The competent, credible evidence produced at the hearing of this matter
established that the applicant requires five (5) years of vested rights in order to properly
complete this project.
CONCLUSIONS OF LAW
1. The requirements of Section 74-4 of the Person County Planning
Ordinance have been met and the applicant, Carolina Power & Light Company d/b/a
Progress Energy Carolinas, Inc., is entitled to a special use permit for a monofill.
2. The applicant, Carolina Power & Light Company d/b/a Progress Energy
Carolinas, Inc., has established a need for five (5) years of vested rights pursuant to Section 74-9, et seq., of the Person County Planning Ordinance.
CONDITIONS TO THE SPECIAL USE PERMIT:
1. A 300 foot buffer from adjacent property lines.
2. A 22 foot wide graveled road into the site.
3. Approval to include the phasing as shown on the plat.
4. The maximum height to be 180 feet.
5. Vested Rights for a period of five years. 6. Approval from NCDENR for a Waste Management Permit prior to obtaining a
Zoning Permit.
7. Approval of an Erosion and Sedimentation Plan prior to obtaining a Zoning
Permit. A copy of the plans and the approval letter to be submitted to Planning.
8. All required Federal, State and local permits to be obtained and a copy of those approvals submitted to Planning prior to a Zoning Permit.
9. Finding of Fact as noted on Page 8 and 9 of Progress Energy’s application.
10. In keeping with the Comprehensive Plan in Section 2.1.
11. Meet with the 18 individual adjacent property owners to answer any questions or
concerns. 12. Comply with any NC DOT requirements regarding a turn lane on 501 N.
13. Coal ash to be managed in such a way to prevent fugitive dust leaving the area in
accordance with the operating permit issued by NCDENR.
14. Require a fence around the portion of the monofill footprint where operations have
begun in order to prevent illegal entry, provided that such fencing may be removed from any portion of the footprint once that portion has been closed pursuant to NCDENR regulations.
November 15, 2010 10
NEW BUSINESS:
GENERAL GOVERNMENT AND ADMINISTRATION CLASSIFICATION AND
PAY STUDY CONDUCTED BY THE MAPS GROUP: County Manager, Heidi York introduced Ms. Becky Veazey of the MAPS Group
and told the Board that following the full Classification and Pay Study conducted for
Person County in the Spring of 2006, the County adopted a strategy to keep salaries of
employees competitive within the market. Ms. York stated this study is the third and last phase of a three-year phased implementation that reviewed one-third of all County jobs
each year noting Public Safety positions were reviewed in Fiscal Year 2008-2009 as the
first of these three phases and in Fiscal Year 2009-2010 Human Services, specifically
Public Health and Social Services were reviewed. Ms. York stated this final phase
compares the salary data within a designated market for General Government and Administrative positions. Ms. York stated the funding to implement the final phase
effective January 1, 2011 is included in the budget adopted for Fiscal Year 2010-2011.
Ms. Veazey explained to the Board that the 2006 Classification and Pay Study
resulted in Person County salaries being significantly below the market noting the value of implementing the 3-year cycle is keeping jobs up to date as well as spreading costs
across multiple years as opposed to one year. Ms. Veazey noted two important parts of
the study, one being the classification that is reflected by reviewing job duties that change
possibly due to reorganization or by a change in services and correcting any such
inequities that are present. The second important part of the study is the market and ensuring the county is within the market for equal pay for equal work. Ms. Veazey told
the Board the greatest benefit to staying within the market is preventing turnover. Ms.
Veazey quoted the estimated the cost to an organization for turnover is 66% to 125%.
Commissioner Jeffers asked if the recommended salary included a 5% cap as done previously. Ms. York stated that is correct, however, Ms. Veazey corrected noting a
few situations of more than 5% to get employees to the starting salary of a pay grade.
Commissioner Kennington inquired about the cost of living comparisons to the
areas studied to Person County. Ms. Veazey stated the standard methodology for compensation work is to review first within the core market. The core market area is the
area that is within a commutable distance from Person County. Ms. Veazey stated cost of
living comparisons are not part of the compensation study methodology. Ms. Veazey
stated if insufficient data is received within the core market, then a review would be
extended to further distances. Ms. Veazey noted that data from Caswell County was not obtained due to no response from Caswell.
November 15, 2010 11
Commissioner Clayton asked the County Manager the affect on the budget to
approve implementation of the final phase. Ms. York stated the cost of the third and final
phase is approximately $135,000 for a full year noting $67,850 of the budgeted $100,000
would be used to implement January 1, 2011.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Kennington, and carried 5-0 to approve implementation of the General Government and
Administrative Classification and Pay Study final phase effective January 1, 2011.
A motion was made by Commissioner Puryear, seconded by Commissioner
Kennington, and carried 5-0 to exclude the raise for County Commissioner.
BUDGET PROJECTIONS FOR THE PERSON COUNTY SENIOR CENTER FOR FISCAL YEAR 2011-2012: County Manager, Heidi York stated as a follow-up to the discussion with the
Council of Government staff on October 11th, information regarding the funding needs of
the Person County Senior Center is being presented by Ms. Diane Cox noting the draft budget projections for Fiscal Year 2011-2012 require an appropriation of county funding
in the amount of $100,000 in addition to other non-locally supported revenue to operate
the Senior Center.
Ms. Diane Cox, Kerr-Tar COG Area Agency on Aging Director presented and explained to the Board the budget projections for the Person County Senior Center for
Fiscal Year 2011-2012 as outlined below. Ms. Cox stated the projected revenues
outlined are state and federal funding that is currently received and is in no way
guaranteed for next fiscal year. Ms. Cox noted a possible increase in the funding is
expected in the Health Promotion/Disease Prevention allocation.
REVENUES
Home and Community Care Block Grant 286,532.00
Family Caregiver Program 7,000.00
Senior Center General Purpose 12,643.00
IID-Health Promotion/Disease Prevention 3,617.00
SHIIP Grant 3,282.00
ROAP (EDTAP) 30,000.00
Consumer Contributions 20,000.00
Ensure Sales 8,000.00
Misc. Income (Including donations, building rental, private
pay) 12,000.00
County Funding Required (includes match) $100,000.00
483,074.00
November 15, 2010 12
Expenses
PAYROLL & PAYROLL BASED EXPENSES
Salary-In Home Services Coor. (1FTE) $25,000.00
Salary-Nutrition Program Manager (1FTE) $21,743.00
Salary-Activities Coordinator(1FTE) $25,000.00
Salary-Aging Director (1FTE) $46,500.00
Salary-Receptionist (1FTE) $19,500.00
401K $3,443.58
FICA $10,537.34
Retirement $8,884.42
Insurance $26,952.00
Workers Comp $2,754.86
Travel $2,500.00
TRANSPORTATION
Transportation Contract $50,000.00
NUTRITION
Catering Contract $60,000.00
Meal Supplies $3,600.00
Ensure $8,000.00
IN-HOME AIDE
In-Home Aide Contract $109,725.80
SENIOR CENTER OPERATIONS
Education & Training $1,000.00
General Supplies $9,000.00
Telephone and Internet $3,500.00
Postage $400.00
Utilities (includes water and sewer, PSNC, electricity) $16,000.00
Repairs and Maintenance $9,000.00
Misc. Expenses $5,000.00
Marketing & Advertising $500.00
Dues and Subscriptions $150.00
HEALTH PROMOTION/DISEASE PREVENTION
Medication Management $969.00
Evidence Based Health Promotions $1,436.00
New Equipment/Maintenance on Equipment $1,696.00
November 15, 2010 13
SHIIP $3,282.00
FAMILY CAREGIVER PROGRAM $7,000.00
$483,074.00
Commissioner Clayton suggested the County Manager to set up a meeting
including the previous non-profit board members for the Council on Aging, COG staff
and Board members to further discuss possible formation of a new non-profit for the future of the Senior Center. It was the consensus of the Board for such meeting to be
scheduled.
Ms. Cox invited the Board members to a COG Board of Director’s meeting to be
held in Person County at the Homestead on Thursday, November 18 at 6:30 p.m. The guest speaker will be Dennis Street, Director of the Division of Aging and Adult
Services.
REVISION OF PERSON COUNTY ANIMAL CONTROL ORDINANCE: Animal Control Director, Ron Shaw stated thanks to the Person County Animal
Control Advisory Board and staff who have been working on revising and updating the
Animal Control Ordinance for many months. Mr. Shaw highlighted programs noting
successful rescue groups pulling approximately 267 animals and approximately 99 adoptions so far this year. Mr. Shaw stated 1,823 animals have entered the shelter this
year with 1,376 animals being euthanized. Mr. Shaw anticipates space issues at the
shelter by 2013 and noted this is a good time to revise and update the Person County
Animal Control Ordinance. Mr. Shaw stated revisions are needed to the Animal Control
Ordinance to meet state requirements, to increase the quality care for animals, to bring irresponsible pet owners into compliance and to increase revenue for Person County.
The major change with the revision of the Person County Animal Ordinance will be
implementation of citations. Mr. Shaw requested Board support in the next budget year
for a Compliance Officer position. Mr. Shaw requested the Board’s feedback on
implementation and enforcement of the proposed revisions of the Person County Animal Control Ordinance.
Commissioner Clayton asked the County Attorney if a public hearing is required
for this ordinance change. Mr. Aycock stated a public hearing is not required for a
revision to the Animal Control Ordinance.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried 5-0 to table action on this item for further examination.
Commissioner Puryear confirmed for Commissioner Kennington that the Animal Control Advisory Board has been working and providing input for the revisions.
November 15, 2010 14
ALLENSVILLE VFD RELIEF FUND BOARD APPOINTMENT: Fire Marshal, John Gentry stated under General Statute 58-84-30, the Board of
Commissioners shall be responsible for appointing a member to each Fire Department
relief fund board. The Allensville VFD has requested Shelia D. Williams, 4850 Denny’s Store Rd., Roxboro, NC to be appointed to the Allensville VFD Firefighters Relief Fund
Board. Mr. Gentry stated Ms. Williams will be replacing a board member who passed
away this year.
A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear, and carried 5-0 to appoint Shelia D. Williams to the Allensville VFD
Firefighters Relief Fund Board.
VOLUNTEER FIRE DEPARTMENT CONTRACTS FOR FIRE PROTECTION: Fire Marshal, John Gentry stated the current contracts with the Volunteer Fire
Departments will expire on December 1, 2010 noting these contracts have been in place
since December 1, 2005. Mr. Gentry noted the contracts in place have no set
requirements. Under the proposed contract the Volunteer Fire Departments will have to
meet some basic requirements for ISO and documentation. Mr. Gentry stated the requirements would be a step into providing documentation and rural water supply sites
for a reduction in insurance rates for the citizens of Person County.
Mr. Gentry stated he sent the information related to the proposed contracts to the
Fire Chiefs on November 3, 2010 seeking comments and concerns. Mr. Gentry noted two Fire Chief submitted comments as well as a couple Fire Chiefs appeared before the
Board to make comments this date. Mr. Gentry stated his role as Fire Marshal is a liaison
to the Volunteer Fire Departments. Mr. Gentry stated the proposed two-year contract he
and the County Manager developed contains much of the content of the current contract
and mirrors the present contract with the City of Roxboro excluding specialized rescue services. Mr. Gentry explained the Addendums for Requirements for Reporting for
insurance, training records, roster, hose testing, apparatus testing, etc. Ms. York clarified
with the Fire Marshal there are no new ISO reporting requirements than with the current
contract as well as proposed contract establishes the role of the Fire Marshal with needs
and funding requests funneled through the County Fire Marshal Office.
Commissioners Puryear and Kennington stated support of the Fire Marshal
meeting with the Fire Chiefs to explain the proposed contract as well as receive input.
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear, and carried 5-0 to table action on this item and extend the current Volunteer
Fire Department contracts until the Board takes action.
November 15, 2010 15
UPDATE ON THE FARMERS MARKET AND THE VOLUNTARY AGRICULTURAL DISTRICT:
Cooperative Extension Director, Derek Day updated the Board on the following:
Farmers Market
Mr. Day stated the Rural Advancement Foundation International awarded Person
County Government a $30,000.00 grant to construct a new Farmers Market in the spring
of 2010. Mr. Day noted issues with the contractor have been resolved with the county
expecting delivery of the structure on December 15 with construction complete by mid January. Mr. Day commented that even though no permanent structure was in place for
this growing season, vendors operated under temporary tents and had a successful season.
The market operated for a total of 50 days on Wednesday afternoons and Saturday
mornings serving over 2,150 buyers with average sales of $4000.00 on Wednesdays and
$9000.00 on Saturdays for the approximate 52 active vendors. Mr. Day told the group of the website: roxborofarmersmarket.com to see the daily available market items.
Commissioner Kennington requested Mr. Day to discuss with the committee a
name change to Person County Farmers Market to distinguish from the present Roxboro
Farmers Market located on Depot Street. Mr. Day stated Commissioner Kennington would be invited to the December committee meeting and encouraged his attendance to
advocate for such proposed name change.
Chairman Lunsford stated elderly people may prefer the Depot Street location due
to easy accessibility versus driving in the Madison Boulevard traffic.
Voluntary Agricultural District (VAD) Mr. Day stated the draft of Voluntary Agricultural District Ordinance is complete
and is in the process of being reviewed by the VAD working group, the county attorney
and a couple of individuals at the state level. Mr. Day noted the goal is to have it before
the Board of Commissioners at its February 7, 2010 meeting. Mr. Day informed the
group approximately 90 counties already have Voluntary Agricultural District whereas, Person County, Granville County, Vance County are among the last group of counties
without a Voluntary Agricultural District. Mr. Day noted the Voluntary Agricultural
District is a public relations/information service that notifies individuals of farms in the
area as well as promote preservation of farm land.
Commissioner Kennington noted the Voluntary Agricultural District was a major
recommendation from the Person Future’s committee.
November 15, 2010 16
REQUEST TO SCHEDULE INFORMAL INTERVIEWS DATE AND TIME FOR COMPETITIVE BOARDS AND COMMITTEES:
Clerk to the Board, Brenda Reaves stated board and committee applications for
current vacancies and terms expiring December 31, 2010 are forthcoming for Board consideration. Board and Committee vacancies were advertised in The Courier Times on
November 13, 2010 with a deadline to submit applications by December 14, 2010.
Listed below are the 4 boards or commissions that are deemed competitive at this time
affecting 5 seats that will be eligible for the informal interview process.
Airport Commission
3-Year Term: 1 citizen-at-large position available and 1 position for a licensed
pilot who flies at least monthly and holds a current FAA pilot certificate and
current FAA flight medical certificate. Note: Light Sport Pilot and Student Pilot
FAA licenses do not qualify.
Orange Person Chatham Area Mental Health Board
3-Year Term: 1 position available
Piedmont Community College Board of Trustees Unexpired Term to June 30, 2012; 1 position available
Tourism Development Authority
3-Year Term: 1 position from the general public available
Ms. Reaves recommended the Board to consider January 3, 2011 at 6:15 p.m. as
the date and time for the informal interview process.
Chairman Clayton stated Person County offices are slated to be closed on Friday,
December 31, 2010 in observation of the New Year’s Day holiday noting the Tax Office
will be closed and unavailable for citizens attempting to pay property taxes be the end of
the year.
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear, and carried 5-0 for Person County offices to be open on Friday, December 31,
2010 with observation of the New Year’s Day holiday on Monday, January 3, 2011. The
Board’s first meeting of 2011 would fall on January 3, 2011, however with the Board’s action to change the New Year’s Day holiday to January 3, 2011, the Board’s first
meeting of January would be held on Tuesday, January 4, 2011.
It was the consensus of the Board to schedule the informal interviews for the
competitive boards and committees to be held at 6:15 p.m. on January 4, 2011.
November 15, 2010 17
CODE OF ETHICS:
County Attorney, Ron Aycock stated the 2009-2010 NC General Assembly
enacted legislation requiring each county, city and school board to adopt a Code of Ethics by January 1, 2011. The Code is required to have at least the following 5 elements:
(1) The need to obey all applicable laws regarding official actions taken as a board
member.
(2) The need to uphold the integrity and independence of the board member's office.
(3) The need to avoid impropriety in the exercise of the board member's official duties.
(4) The need to faithfully perform the duties of the office.
(5) The need to conduct the affairs of the governing board in an open and public manner,
including complying with all applicable laws governing open meetings and public
records.
Mr. Aycock stated the Person County Board of Commissioners adopted a Code of Ethics on October 19, 1998 which contains the required 5 elements as well as 2 additional
elements identified as Canon 6 relating to refraining from inappropriate political activity
and Canon 7 relating to minimizing conflicts of interest. Mr. Aycock noted the Board is
required to adopt canons of ethics containing the 5 elements above and may adopt
additional canons. The proposed Canons contain the required 5 Canons and are identical to the 1998 Canons with only minor updates to the language as well as the additional two,
Canons 6 and 7.
Mr. Aycock reviewed the proposed Code of Ethics and Canons with the Board
and requested the Board to repeal the 1998 Code of Ethics and to adopt the 2010 Code of
Ethics.
Commissioner Kennington inquired to the Board’s authority to take or initiate
action related to personnel under the County Manager. Mr. Aycock stated a need for
clarification as the intent for Board action relates to direct appointment authority for the
County Manager, County Attorney, Tax Assessor and Clerk to the Board. Mr. Aycock stated clarification may be needed to direct employees to bring concerns to the appointing
authority.
Commissioner Clayton suggested the words, where appropriate, be added to
Canon Four, under section C. Administrative Responsibilities, #4.
Board members discussed deleting section B of Canon Seven.
November 15, 2010 18
Mr. Aycock stated the requirement for the Board to adopt Canons of Ethics have no criminal nor civil liability for violation. The statute has no provision for a penalty at
all and Board members would enforce by their own action.
A motion was made by Commissioner Clayton, seconded by Commissioner
Kennington, and carried 5-0 to adopt the Code of Ethics as presented with the word
changes for Canon Four, under section C. Administrative Responsibilities, #4 to read as
follows, as well as deletion of section B of Canon Seven in its entirety:
4. County commissioners should take or initiate appropriate disciplinary
measures against a county employee, where appropriate, for improper conduct
of which the commissioners may become aware.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried 5-0 to repeal the 1998 Code of Ethics.
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MEMORANDUM OF UNDERSTANDING:
County Manager, Heidi York presented for Board consideration a Memorandum
of Understanding between Person County and the City of Roxboro regarding Person County Communications (911) and the Statewide VIPER System Radio Tower that the
NC Highway Patrol wishes to construct at 301 Hill Street, the location of the 911 Center.
Ms. York stated the new tower would allow interoperability between all communication
systems across the state. Ms. York stated upon completion of the new tower, Person
County would move all current equipment to the new tower. In order to access the VIPER system, Person County would have to purchase new equipment. Ms. York did
not propose allocating county funds to upgrade the equipment but noted grants are being
sought to potentially purchase equipment to access the VIPER system.
Ms. York noted some hesitation from the City of Roxboro to grant authority to the Highway Patrol for construction of such tower on property owned by the City of
Roxboro. Ms. York stated she and 911 Director, John Gentry developed a Memorandum
of Understanding between the City and County Managers addressing the concerns of City
Council, however the City Attorney firmly stated the decision belonged to both
governing bodies and not the managers. Ms. York stated City Council approved the Memorandum of Understanding and requested Board approval. Ms. York outlined the
major tenants of the Memorandum of Understanding for the Board.
County Attorney, Ron Aycock stated City Council approved the Memorandum of
Understanding contingent upon full action of Board based on the City Attorney’s interpretation of the authority granted to the county manager for contractual decisions.
Mr. Aycock stated in his opinion that the Board had indeed granted the County Manager
authority for contractual decisions through the adoption of the current year budget
ordinance.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried 5-0 to approve Memorandum of Understanding between Person
County and the City of Roxboro regarding Person County Communications (911) and the Statewide VIPER System Radio Tower.
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CHAIRMAN’S REPORT: Chairman Lunsford had no report.
MANAGER’S REPORT: County Manager, Heidi York told the Board members they were invited to join
the Local Government Day lunch at Mayo Park this date at 1:00 p.m. Also at 1:00 p.m.
this date, Ms. York noted the Industrial Facilities and Pollution Control Financing
Authority would be meeting to approve a Resolution for issuance of recovery zone bonds
for CertainTeed.
COMMISSIONER REPORT/COMMENTS: Commissioner Clayton reminded the Board members and Commissioner Elect,
Frances Blalock, of the COG meeting Thursday evening at the Homestead.
Commissioner Jeffers stated the Department of Social Services (DSS) Board have
conducted interviews for the Interim DSS Director and should be announcing such soon.
Commissioner Puryear presented the Board copies of a recent High Speed
Internet Committee meeting noting 24 people speaking to the committee expressing the need for continued support of the Board to pursue high speed internet for the entire
county. Commissioner Puryear stated one specific concern was the cell tower ordinance.
Commissioner Puryear requested the cell tower ordinance be placed on the Board agenda
in December. Commissioner Puryear stated he recently attended the Planning Board
meeting. Commissioner Puryear requested the Economic Development Director to identify grants to help Person County to reach 100% high speed internet goal.
Commissioner Puryear thanked the citizens for allowing him to continue to serve on the
Board of County Commissioners for another four years as well as stated his pleasure to
serve with Johnny Lunsford the past four year commenting Chairman Lunsford is a
honest and fair man. Commissioner Puryear thanked Chairman Lunsford for his 16 years of service. The group gave Chairman Lunsford a standing ovation.
Commissioner Kennington had no report or comments.
CLOSED SESSION:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Kennington, and carried 5-0 to enter Closed Session pursuant to General Statute 143-318.11(a)(6) for the purpose of the Board to discuss personnel and contracts at 11:20 a.m.
It was the consensus of the Board to move the Closed Session to the Board‘s meeting
room 215 as well as invite Commissioner Elect, Frances Blalock to join Board members
only in the Closed Session.
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A motion was made by Commissioner Kennington, seconded by Commissioner
Puryear, and carried 5-0 to return to open session at 11:50 a.m.
Upon open session, County Manager, Heidi York, Clerk to the Board, Brenda
Reaves and County Attorney, Ron Aycock joined the Board.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Puryear, and carried 5-0 to accept the County Manager, Heidi York’s resignation.
A motion was made by Commissioner Kennington, seconded by Commissioner
Jeffers, and carried 5-0 to enter Closed Session pursuant to General Statute 143-
318.11(a)(6) for the purpose of the Board to discuss personnel and contracts at 11:51 a.m..
A motion was made by Commissioner Jeffers, seconded by Commissioner
Puryear, and carried 5-0 to return to open session at 12:32 p.m.
It was the consensus of the Board to have a public hearing on December 6, 2010
to hear public comments related to amendment, repeal or adoption of a wireless
telecommunications facilities zoning ordinance and directed the Clerk to the Board to
advertise such.
ADJOURNMENT:
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear, and carried 5-0 to adjourn the meeting at 12:32 p.m.
_____________________________ ______________________________
Brenda B. Reaves Johnny Myrl Lunsford
Clerk to the Board Chairman