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September 20 September 20, 2010 1 PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 20, 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, September 20, 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 and Commissioner Kennington to lead the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers and carried 5-0 to approve the agenda including adding a Closed Session. RESOLUTION OF APPRECIATION AND RECOGNITION OF THE EARLY RETIREMENT INCENTIVE PROGRAM PARTICIPANTS: Chairman Lunsford read and extended the following Resolution of Appreciation to the group of Early Retirement Incentive Program Participants. County Manager, Heidi York recognized each of the Early Retirement Incentive Program Participants for their years of service as Chairman Lunsford presented each with an individual Resolution of Appreciation. September 20, 2010 2 September 20, 2010 3 September 20, 2010 4 September 20, 2010 5 September 20, 2010 6 September 20, 2010 7 September 20, 2010 8 September 20, 2010 9 September 20, 2010 10 September 20, 2010 11 September 20, 2010 12 Ms. York also recognized Gladys Lerchbacher, Human Resources Technician for putting together the presentation. September 20, 2010 13 INFORMAL COMMENTS: Mr. Patrick Riley of 256 Hicks Yarboro Road, Roxboro, NC appeared before the Board to make informal comments related to agricultural pesticides. APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Chairman Lunsford, and carried 5-0 to approve the minutes of September 7, 2010. ADMINISTRATIVE REPORTS: A motion was made by Commissioner Clayton, seconded by Commissioner Jeffers, and carried 5-0 to approve the Administrative Reports for the Detention Center, Inspection Department and the Public Library. ADOPTION OF THE PERSON AREA TRANSPORTATION SYSTEM (PATS) POLICIES: County Manager, Heidi York stated since February 2010, PATS has received numerous audits and compliance reviews by both State and Federal transportation authorities noting there have been extensive findings of noncompliance and as a result, PATS was declared ineligible for some funding streams. NC DOT has provided the services of a consultant to assist Person County with addressing the findings. Ms. York noted Person County has been diligently working to correct and remedy the noncompliance issues over the last six months. One of the major steps necessary to bring PATS into compliance is to address the lack of operating policies in place. Before the Board for adoption are ten policies that are required by either NC DOT or the Federal Transportation Authority in order to run a transportation system. Ms. York stated under normal circumstances, these policies would incrementally be brought before the Board of Commissioners for review and approval over the course of several years; however PATS is playing catch-up, it is necessary to review ten policies at this session. Ms. York noted a meeting of the Transportation Advisory Board (TAB) was held on Thursday, September 9, 2010, where all of these policies were reviewed and recommended for adoption by the Board of County Commissioners. Ms. York introduced the consultant working with Person County, Mr. Fred Fravel of the KFH Group. Mr. Fravel stated all the rural transit systems in the State have undergone the same federal/state review process over the past year noting Person County has not been singled out, further noting Person County lost its Transit Manager which impacted the necessary staff to generate the policies required. Mr. Fravel described the policies before the Board for adoption which are listed below: September 20, 2010 14 • Transportation Advisory Board (TAB) By-Laws updated to include a conflict of interest statement • American with Disabilities Act of 1990 Policy and Procedures • Drug and Alcohol Testing Policy updated to include the latest federal regulations • Grants & Financial Management Policies and Procedures • Procurement Policy • Continuity of Operations Plan (COOP) outlining emergency operations • System Safety Program Plan (SSPP) detailing safety training, programming and vehicle maintenance • Charter Policy prohibiting charter or competition with private charter business • Record Control and Retention Policy • Local Process for Soliciting and Considering Public Comment Prior to a Fare Increase or Major Service Reduction Commissioner Jeffers asked Mr. Fravel if Person County would be providing same day transportation services. Mr. Fravel, as well as PATS staff member, Kathy Adcock, stated the procedure is to pre-schedule transportation requests by 11:00 a.m. the day before to maximize the use of the vehicle with the number of scheduled runs. Ms. Adcock responded to Commissioner Jeffers inquiry of high usage of same day users by stating individuals wanted and expected pick up immediately using the transportation services as a taxi service. Commissioner Jeffers asked the County Manager if the terms Transit Director and PATS Director were one and the same. Ms. York confirmed the terms were used interchangeably and were the same position. Chairman Lunsford stated he was in attendance representing the Board at the TAB meeting on September 9, 2010. Ms. York requested Board adoption of the policies presented. A motion was made by Chairman Lunsford, seconded by Commissioner Puryear, and carried 4-1 to adopt the Person Area Transportation System Policies as presented including Transportation Advisory Board (TAB) updated By-Laws, American with Disabilities Act of 1990 Policy and Procedures, Drug and Alcohol Policy, Grants & Financial Management Policies and Procedures, Procurement Policy, Continuity of Operations Plan (COOP), System Safety Program Plan (SSPP), Charter Policy, Record Control and Retention Policy, Local Process for Soliciting and Considering Public Comment Prior to a Fare Increase or Major Service Reduction. Commissioner Jeffers cast the lone dissenting vote. Commissioner Jeffers stated his opposition to getting rid of the same day service. September 20, 2010 15 A binder containing copies of the adopted Person Area Transportation System Policies including Transportation Advisory Board (TAB) updated By-Laws, American with Disabilities Act of 1990 Policy and Procedures, Drug and Alcohol Policy, Grants & Financial Management Policies and Procedures, Procurement Policy, Continuity of Operations Plan (COOP), System Safety Program Plan (SSPP), Charter Policy, Record Control and Retention Policy, Local Process for Soliciting and Considering Public Comment Prior to a Fare Increase or Major Service Reduction is hereby incorporated by reference into the September 20, 2010 minutes and will be on file in the Office of the Clerk to the Board. UPDATE ON THE STATUS OF CURRENT CAPITAL PROJECTS: County Manager, Heidi York stated Person County currently has several capital projects underway. With the upcoming retirements of both the General Services Director and the County Engineer, a progress report is being made on the current status of these projects. General Services Director, David Rogers introduced Ray Foushee as the newly hired General Services Director. Mr. Rogers updated the Board on the following projects: 1) Law Enforcement Center (LEC) - hot water recirculation system: Mr. Rogers noted the initial system design is heated with heat tape with poor hot water circulation. The new scope of project is to re-pipe the hot water circulation system at the LEC. Mr. Rogers stated the project has been awarded to Comfort Systems USA from South Boston for $41,447 to be completed in 70 days. The start date is 9/27/10 with a completion date 12/6/10. 2) Airport slope drain repairs: Mr. Rogers noted the drainage issues on the Frank Timberlake end of the Person County Airport runway. This project has been awarded to Jimmy Lewis of Roxboro for $43,779 to be completed in 21 days. Mr. Rogers state the start date 9/13/10 with the end date 10/14/10 to be funded with grant funds (90% Federal/State 10% county match). September 20, 2010 16 3) Courthouse Renovations: Mr. Rogers stated this project has been awarded to CT Wilson of Durham for $2,113,756 to be completed in 400 days. Notice to proceed was on 8/9/10 with completion date set for 9/12/11. Mr. Rogers introduced Mr. Bill McCaffrey of MHA Works who has oversight of the project to provide the update to the Board. Mr. McCaffrey noted the project is currently in its 7th week of construction presently working on the basement and 4th Floor areas noting there are issues with noise. All judges and the Clerk of Court retain the ability to shutdown construction during the renovation. The Superior Courtroom will close or relocate for approximately three to six weeks with possibly renovations at that time to bring up to ADA standards. Mr. McCaffrey commended the staff for working around the construction. Noted challenges have been the elevator and a discovered sag in the sewer line that is in the exploratory stages of investigation to remedy at the cheapest cost to the county. The Courthouse renovations project will fulfill all ADA codes, life safety codes, increase security and space management with areas for rescue assistance. Chairman Lunsford commented on the progress from a recent tour of the Courthouse noting the savings on the construction costs. Mr. McCaffrey stated the area referred to as the old jail would be used as the Judges Chambers as well as a library. Commissioner Kennington inquired about the initial planning for the Courthouse. The group confirmed it was initially planned at $3.2 million thus showing approximately 1 million in savings to the county. Chairman Lunsford thanked Mr. Rogers and Mr. Bailey for pursuing this project. County Engineer, Paul Bailey updated the Board on the following projects: 1) Water line extensions: o GMH area at the NC49/Halifax Road intersection with private well contamination. Project started 2 years ago with engineering with funding received in September, 2009 of $1,512,000 for a scope of work consisting 20,000 feet of 8-inch waterline. Mr. Bailey illustrated samples of the standard iron water line that has cement lining as well as a high density polyethylene water line that is laid under creeks. The water lines are installed and have been pressure tested and disinfected awaiting written approval from the NC Division of Water Quality prior to any connections. Mr. Bailey noted part of the agreement with the Environmental Protection Agency (EPA) is to connect approximately 40 houses to the water line. Estimated completion date is mid- November to end of December, 2010. The Person County Health Department will assist the temporary abandonment of the wells of the property owners for EPA to use as testing points. Mr. Bailey estimated approximately 80 houses September 20, 2010 17 eligible to connect to the new water line extension however approximately 55 have chosen to do so. Mr. Bailey stated this project would be at $1.2 million with the remaining funds to be reverted back to the federal government. The funds cannot be used at any other site other than the GMH area site. o City Lake/Chub Lake Road Theresa Baptist Church area entails a 1400 foot extension using 12-inch waterline to comply with the City of Roxboro and Person County 1998 Comprehensive Water Plan which identified sizes of water lines in water routes to accommodate expansion of the water line throughout the county. Mr. Bailey noted the engineering on this water line extension is complete as well as approval received from the Division of Water Quality. Advertisement of this project for bids was in the 9/18/10 paper with bid opening to be held on 10/4/10 and estimated completion of this project will be 1/31/11. o Roxboro Christian Academy sewer line recent request that is adjacent to county-owned property that will require right-of-way across private property. Mr. Bailey stated Roxboro Christian Academy representatives are currently trying to obtain the right-of-way at this time. 2) Roofing Projects: Mr. Bailey noted REI Engineers was chosen to design the roofing projects. Bids were opened May 25, 2010. Mr. Bailey stated funding was part of the financing package. Contracts were signed in August, 2010 with the official start date of September 20, 2010. Total contract price is $1,276,484 which includes the following three contracts: a. Library, Old Counseling Center, Earl Bradsher: Owens Roofting was the low bidder at $321,000 with 45 days for completion at each site to be completed in the following order: Earl Bradsher, Library and Old Counseling Center. b. Northern Middle School: Vapor Roofing was the lower bidder at $710,024 to be completed in 120 days c. Piedmont Community College Buildings F & G: Curtis Construction Company $245,460 to be completed in 120 days Mr. Bailey noted the roofing projects were originally estimated at $2.1 million and was awarded for $1.3 million. September 20, 2010 18 3) Energy Grant: Mr. Bailey stated Person County applied and was awarded a stimulus funding grant through the State Energy Office to update lighting, motion detectors, HVAC fan motor replacement, and programmable thermostats at the Courthouse, County Office Building and the Library to reduce energy consumption and save tax paper money. Expected outcomes included improved building efficiency though lighting replacement and control and though HVAC equipment additions and controls consisting of changing out T12 fluorescent bulbs for T8 as well as fixtures and ceiling repairs. Total cost of this project was estimated at $192,594 and the grant award at $117,546. The $75,000 match was to be composed of $19,000 in Progress Energy rebates and $56,000 of Person County staff time. Mr. Bailey noted the Courthouse was originally included in the application but had to be eliminated due the renovation as this project had to be a stand- alone project. Ceiling repairs are estimated at $34,700 and engineering costs for a study is estimated at $35,000, both of which are not eligible to be paid with the grant funds. The revised grant (taking out the Courthouse) award is $174,385 with the grant award at $89,643 leaving the county’s match at $84,745 still anticipating a Progress Energy rebate of approximately $15,000 leaving a net cost to county at $69,700. Mr. Bailey stated the State Energy Office recommended an energy audit and the estimated savings from the projects are $23,625 annually at the County Office Building. Annual cost savings at the Library would be $4,876 totaling $28,500 which would be an approximate 3 year payback. Mr. Bailey noted this is an unfunded project and requested Board direction. County Manager, Heidi York reminded the Board of the Capital Reserve Fund as a funding source should the Board approves to proceed. Chairman Lunsford asked about the time limit related to the grant award. Mr. Bailey stated the funds have to be spent by December, 2011. Commissioner Kennington suggested the funding source come from the savings in the Courthouse renovation and roofing projects where the actual bids were lower than the estimated. Finance Director, Amy Wehrenberg stated the savings from the bids were built into the current year budget toward the debt owed on those projects. Mr. Wehrenberg stated the only savings the county may have at this point is if the contingency funds are not exhausted for those projects. Chairman Lunsford suggested holding a decision on this project funding until the financial audit is complete. It was the consensus of the Board to bring this project back to the Board for determination of accepting the grant funds at a later meeting. Commissioner Kennington asked the status of the capital project related to the Person County Farmer’s Market building construction. Ms. York stated Cooperation Extension Director, Derek Day has oversight and has had issues with the contractor. County Attorney, Ron Aycock stated a letter was sent three weeks ago to the contractor requesting performance and response by September 15, 2010, and if not, legal action would be taken to enforce the contract. September 20, 2010 19 REORGANIZATION OF COUNTY GOVERNMENT DEPARTMENTS: County Manager, Heidi York stated Person County Government has a unique opportunity to review its organizational structure to determine if more effective operations might be achieved through reorganizing. NC General Statute 153A-76 gives the Board of County Commissioners the authority to “organize and reorganize the county government in order to promote orderly and efficient administration of county affairs…” Previous organizational studies have suggested that the span of control and authority in the organization needed to be broadened, rather than having all county departments reporting directly to the county manager. The proposed reorganization incorporates the role of the Assistant County Manager by aligning those departments that directly support economic development under his supervision. The proposed reorganization also improves the effectiveness of several county functions such as transportation and capital project management through better collaboration of duties and responsibilities. Ms. York noted a change in the proposed reorganization since her meetings with Board members included Emergency Management Systems (EMS) and Culture and Recreation Services switching oversight by the County Manager and Assistant Manager respectively due to the quality of life programs are a better fit with economic development. Ms. York walked the group though the organization chart as presented. If approved by the Board, Ms. York stated the reorganization will be effective October 1, 2010. Ms. York requested the Board’s review of the proposed reorganization of County Departments and adoption, if appropriate. Commissioner Jeffers inquired where the Person Area Transportation System (PATS) program would fall under. Ms. York stated PATS would be placed under General Services noting there would still be a PATS Director reporting to the General Services Director to gain better oversight. Ms. York confirmed she would still sign off on all county purchase orders. Commissioner Kennington asked what percentage on time the Assistant County Manager would devote to economic development. Ms. York stated his supervision of the proposed departments in some way impacts economic development. A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers, and carried 5-0 to approve the reorganization of County Departments as presented. September 20, 2010 20 September 20, 2010 21 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 5-0, the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 20th day of September 2010, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Buildings 170,000 Debt Service 1,145,000 Human Services 352,178 Culture & Recreation 106,000 Education 331,000 County Capital Reserve Fund 1,273,178 Schools Capital Reserve Fund 931,000 REVENUES General Fund Transfer from Other Funds 2,104,178 County Capital Reserve Fund Fund Balance Appropriated 1,273,178 Schools Capital Reserve Fund Fund Balance Appropriated 931,000 Appropriate: To reflect budgetary approval on the Capital Improvement Program for FY 2010-11 including: $100,000 contingency funding to the Courthouse Renovation and Re-Roofing Projects, $110,000 for the Hot Water Repair at the Law Enforcement Center, $60,000 for the removal of the underground EMS Diesel Tank, $53,000 for an engineering study associated with the Recreation and Senior Center, $53,000 for a bathroom handicap upgrade at the Helena Gym, $60,000 for exterior wall waterproofing at the high school, $200,000 for a fire alarm security system at the high school, $71,000 for an HVAC upgrade at Oak Lane Elementary School, $352,178 for the purchase of a software package for DSS, and a transfer of $1,145,000 from the Capital Reserve Funds to the Debt Service fund for roofing projects associated with the recent roofing debt that we will be paying on the Public Library, two buildings at PCC, and Northern Middle School. September 20, 2010 22 CHAIRMAN’S REPORT: Chairman Lunsford reminded Board members of importance to attend subcommittee meetings. Chairman Lunsford reminded the group of the Kerr-Tar Regional Council of Government (COG) Banquet on Thursday, September 23, 2010 encouraging attendance. Chairman Lunsford highlighted the savings of taxpayer’s money on the capital projects emphasizing the progress moving the county forward improving the working conditions for county employees. MANAGER’S REPORT: County Manager, Heidi York reminded the Board of its joint session with the City of Roxboro scheduled for October 11, 2010 to be held at the FEMA Room as well as immediately following the joint session the Board will have an informal work session with the COG staff to explore options for the future management of the senior center. Ms. York noted she had submitted to the City of Roxboro a list of potential agenda items but had not heard back. Ms. York publicly introduced Ray Foushee, new General Services Director, who will be beginning employment later this month however shadowing David Rogers when possible before he retires. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington asked the County Manager if CenturyLink had provided the map of areas with no access to the internet. Ms. York stated she had not received a map from CenturyLink. Commissioner Puryear stated he had spoken to Steve Brewer, District Officer as well as Representative Wilkins and noted CenturyLink is anticipating to expand more than initially planned and will provide a map at the end of October after the completion of the project. Commissioner Puryear highlighted CenturyLinks’ plan to provide at 95% of coverage noting the other 5% may possibly be accessed through other providers such as Electronic Solutions. Commissioner Puryear encouraged residents to call CenturyLinks’ local number to inquire about services. September 20, 2010 23 Commissioner Jeffers shared with the Board he was recently reappointed to the Board of Directors for the State Association as Chairman of the Youth Task Force as well as appointed as an at-large Director for the NC Association of State Black County Commissioners. Commissioner Clayton stated he was appointed Chairman of the Environment Committee with the State Association. Commissioner Clayton announced he would be inviting Mr. Jim Wrenn to attend the Board’s October 18, 2010 meeting to provide an update on the Upper Neuse River Basin Association watershed rules. Commissioner Clayton noted the Library System break up is not due to Orange County wanting to be separate but an idea from someone in Raleigh. Commissioner Kennington asked if a Board supported resolution requesting the Caswell-Person-Orange Region Library System to remain intact would be beneficial. Ms. York stated she would get information and report back. CLOSED SESSION: A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear, and carried 5-0 to at 10:31 a.m. to enter into Closed Session pursuant to G.S. 143-318.11(a)(5) to discuss land acquisition. Chairman Lunsford announced a break prior to Closed Session. A motion was made by Commissioner Kennington, seconded by Commissioner Puryear, and carried 5-0 to return to open session at 11:24 a.m. Chairman Lunsford announced a site visit and tour at the former Alsco warehouse site located at 118 Commerce Drive, Roxboro at 11:30 a.m. Commissioner Puryear stated he had already toured the site and was excused from the Board meeting. September 20, 2010 24 The site visit and tour at the former Alsco facility began at 11:30 a.m. In attendance for the tour was Chairman Lunsford, Commissioners Clayton, Jeffers and Kennington, County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Assistance County Manager, Gene Hodges, Recreation, Arts and Parks Director, Mitch Pergerson, Recreation, Arts and Parks Staff, John Hill, and Courier-Times Editor, Tim Chandler. Roxboro Businessman, Tommy Wagstaff and Durham architect, Lucien Roughton led the group on the site visit and tour. The tour encompassed dedicated office space that contained 12-15 separate offices in 1600 square feet, a warehouse area that is approximately 200 feet by 375 feet (almost 2 acres of space) and an additional miscellaneous area of 1600 square feet with 60-70 paved parking spaces. Mr. Roughton and Mr. Wagstaff highlighted the potential site as one that could be renovated quickly and much sooner than new construction. Mr. Pergerson suggested the Board consider visiting the Aycock Center in Henderson as well. ADJOURNMENT: A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, and carried 4-0 to adjourn the meeting at 11:55 a.m. _____________________________ ______________________________ Brenda B. Reaves Johnny Myrl Lunsford Clerk to the Board Chairman