February 16
February 16, 2009
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PERSON COUNTY BOARD OF COMMISSIONERS February16, 2009
MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford ABSENT Heidi York, County Manager
Jimmy B. Clayton C. Ronald Aycock, County Attorney
Kyle W. Puryear ABSENT Faye T. Fuller, Clerk to the Board
B. Ray Jeffers Brenda B. Reaves, Deputy Clerk to the Board
Samuel R. Kennington Paul L. Bailey, Assistant County Manager
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, February 16, 2009 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.
County Manager Heidi York is currently on maternity leave and Assistant County
Manager Paul Bailey attended in Ms. York’s absence.
Commissioner Puryear was absent from the Board meeting.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Assistant County Manager, Paul Bailey stated that Planning & Zoning had
received a request to issue a building permit for CertainTeed Gypsum. Mr. Bailey stated
the Planning and Zoning Director, Paula Murphy would like to appear before the Board
for consideration for a Waiver of Special Use Permit Condition for CertainTeed
Gypsum.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers and carried to add to the agenda consideration for a Waiver of Special Use Permit
Condition for CertainTeed Gypsum.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers and carried 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 to approve the minutes of February 2, 2009.
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ADMINISTRATIVE REPORTS:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried to approve the Administrative Reports for the Inspections
Department and the Person County Public Library.
APPROVE RESOLUTION TO ACCEPT AND EXECUTE GRANT AGREEMENT
AND FUNDING APPROVAL FOR 2008 CDBG SCATTERED SITE PROJECT
Executive Director of the Regional Council of Governments, Timmy Baynes
presented the Board with a Resolution Approving an Application for Community
Development Block Grant Scattered Site Housing Funds authorizing Commissioner
Lunsford as Chairman to sign all related documents. Mr. Baynes stated the items before
the Board are the administrative documents to startup the 2008 Community Development
Block Grant in the amount of $400,000 for Person County. Mr. Baynes explained the
CDBG program to the Board noting the advertisement, planning and approval process for
this grant had already taken place as well as the necessary public hearings. Mr. Baynes
summarized that three individuals have been selected to be relocated and two individuals
will receive rehabilitation with input from the county appointed advisory committee. Mr.
Baynes further noted $5000 of urgent repairs will be available as well.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to approve the Resolution Approving an Application for Community
Development Block Grant Scattered Site Housing Funds.
RESOLUTION OF THE PERSON COUNTY
BOARD OF COMMISSIONERS
APPROVING AN APPLICATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
SCATTERED SITE HOUSING FUNDS
WHEREAS, the North Carolina Department of Commerce, through the Division of
Community Assistance, is administering the Community Development Block Grant Scattered
Site Housing Program and has invited local governments to apply for such funding;
WHEREAS, the County of Person has prepared an application requesting $400,000 in
Community Development Block Grant Scattered Site Housing Funds to assist low income
homeowners at or below 50% of the area medium income; and,
WHEREAS, all requirements have been met in preparing the Community Development Block
Grant Scattered Site Housing Program Application, including public hearings and citizen
participation;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Person County,
that:
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1. The Chairman of the Person County Board of Commissioners is hereby
authorized and directed to submit to the North Carolina Department of
Commerce, Division of Community Assistance, an Application for Community
Development Block Grant Scattered Site Housing Program Funds in the amount
of $400,000 to allow Person County to rehabilitate approximately 10 houses for
homeowners at or below 50% of the area medium family income status;
2. The Chairman of the Person County Board of Commissioners is hereby
authorized and directed to act on behalf of the Person County Board of
Commissioners in connection with the Community Development Block Grant
Scattered Site Housing Program Application to provide such additional
information as may reasonably be required, and to execute any documents related
to said application; and,
3. The Person County Board of Commissioners acknowledges that it has read and
understands the Certifications included in said application, which are required in
connection with the Community Development Block Grant.
ADOPTED, this the 7th day of July, 2008.
County of Person
________________________________
Johnny M. Lunsford, Chairman
ATTEST:
______________________________________
Faye T. Fuller, Clerk to the Board
APPROVE PERFORMANCE BASED CONTRACT WITH DIVISION OF
COMMUNITY ASSISTANCE FOR CDBG GRANT NUMBER 08-C1834
Executive Director of the Regional Council of Governments, Timmy Baynes
requested Board approval for the Performance Based Contract with the Division of
Community Assistance for CDBG Grant Number 08-C-1834. Mr. Baynes confirmed that
through contract for administrative services, Kerr Tar reports and monitors all activity
through the Person County Board of Commissioners. Mr. Baynes noted the Board
approves all expenditures.
A motion was made by Commissioner Clayton, seconded by Commissioner
Lunsford, and carried to approve the Performance Based Contract with the Division of
Community Assistance for CDBG Grant Number 08-C-1834.
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APPROVE PROJECT ORDINANCE FOR COMMUNITY DEVELOPMENT –
SCATTERED SITE PROJECT
Executive Director of the Regional Council of Governments, Timmy Baynes
requested adoption of the Project Ordinance for the Community Development – Scattered
Site Project. This project ordinance allows expenditures through the County Finance
Office once the grant award funds are released.
Commissioner Kennington asked Mr. Baynes about the possibility of additional
funds related to the proposed stimulus package. Mr. Baynes anticipates the State of
North Carolina may receive an additional $10 million in CDBG funds but it is unclear
how the State will allocate at this time.
A motion was made by Commissioner Lunsford, seconded by Commissioner
Clayton, and carried to adopt the Project Ordinance for the Community Development –
Scattered Site Project.
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APPROVE CONTRACT WITH KERR-TAR REGIONAL COUNCIL OF
GOVERNMENTS FOR CDBG COMMUNITY DEVELOPMENT
ADMINISTRATIVE SERVICES
Executive Director of the Regional Council of Governments, Timmy Baynes
requested Board approval of the Contract with Kerr-Tar Regional Council of
Governments for CDBG Community Development Administrative Services. Fees for
services performed under this contract shall not exceed $58,000, without approval of the
County and will be funded as a part of the CDBG grant award.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to approve the Contract with Kerr-Tar Regional Council of
Governments for CDBG Community Development Administrative Services.
CONTRACT FOR CDBG COMMUNITY DEVELOPMENT ADMINISTRATIVE
SERVICES
By and Between
THE COUNTY OF PERSON, NORTH CAROLINA
AND
KERR-TAR REGIONAL COUNCIL OF GOVERNMENTS
THIS AGREEMENT entered into as of the 16th day of February, 2009 by and between the
County of Person, North Carolina (herein called the “County”) and the Kerr-Tar Regional
Council of Governments (herein called the “COG”).
WITNESSETH THAT:
WHEREAS, the County is to receive Community Development Block Grant Scattered Site
Housing Funds from the North Carolina Department of Commerce, Division of
Community Assistance; and,
WHEREAS, the County desires to engage the COG to provide program administrative
services in administering the Community Development Block Grant Scattered
Site Housing Funds.
NOW THEREFORE, the parties hereto do mutually agree as follows:
SCOPE OF SERVICES
Services to be provided the County by the COG include, but are not necessarily limited
to, the following:
A. General Administration:
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1. Preparation of required certifications, Environmental Review, and DCA
correspondence pursuant to Release of Funds from DCA;
2. Prepare a Citizen Participation Plan and facilitate meetings of the Citizen
Advisory Committee;
3. Develop and maintain project files;
4. Provide general oversight of procurement procedures;
5. Provide second person review of all invoices and requests for payment and
prepare requisitions for grant reimbursements;
6. Assist the County in the development of Request for Proposals and
documentation of the selection process for professional services;
7. Provide the Board of Commissioners with quarterly status report on expenditures
and accomplishments;
8. Assist in resolving citizen and contractor disputes;
9. Assist the County in complying with requirements of Fair Housing and Equal
Opportunity Programs;
10. Prepare necessary program amendments, in accordance with applicable CDBG
requirements;
11. Assist in monitoring visits conducted by Department of Commerce;
12. Prepare Annual Performance Reports and submit to DCA;
13. Assist in close-out procedures for the CDBG Program; and
14. Other general administrative functions necessary to complete the tasks outlined
in the Community Development Block rant application and guidelines.
B. Rehabilitation of Privately Owned Dwellings:
1. Prepare rehabilitation policies and guidelines for the County including eligibility
requirement s for grants and/or loans, Property Rehabilitation Standards,
application procedures, and Basic Specifications for housing rehabilitation;
2. Verify applications for rehabilitation assistance in concurrence with Citizen
Advisory Selection Committee;
3. Prepare work write-ups, floor plans and cost estimates;
4. Prepare and distribute bid packages including publication of invitation to bid;
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5. Review bids, prepare bid tabulation and recommendation for award;
6. Prepare contract documents between property owner and contractor;
7. Conduct preconstruction conference and record minutes;
8. Inspection of active rehabilitation work at a minimum of two (2) times per week;
9. Process partial and final payment requests;
10. Conduct final inspection of each rehabilitated structure;
11. Process contractor call-back request from homeowners;
12. Assist the County in the proper notification and treatment procedures for lead-
based paint hazards for houses that have a child under seven (7) years of age; and
13. Assist the County in having wells and septic tanks installed in CDBG project
houses where NO wells or septic systems currently exist.
C. The County will be responsible for the following management activities:
1. Adoption of and amendments to budget ordinance;
2. Maintaining accounting records;
3. Check-writing;
4. Internal and external auditing;
5. Advertising costs for notices; and
6. Provide the Division of Community Assistance a copy of the annual audit report
each year that the grant is active.
7. Provide oversight of all CDBG activities by the Chief Administrator of the
County or their designee.
II. TIME OF PERFORMANCE
The services of the COG are to commence upon the date of this Contract and shall be
undertaken and completed in such sequence as to assure their expeditious completion, but
in any event, all of the services shall be completed within thirty (30) months from the
date of this Contract, unless events occur in project implementation that prevents the
compliance with the above designated time of performance.
III. METHOD OF PAYMENT
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Fees for services performed under this Contract shall be paid to the COG by the
COUNTY on an hourly basis for persons that perform work under this contract per the
salary approved by the COG Executive Committee. Hourly rates shall include salary,
overhead and fringe benefits. In addition, travel cost including mileage, meals and
lodging shall be paid the COG by the County. The maximum amount to be paid to the
COG shall not exceed
Fifty-Eight Thousand Dollars ($58,000), without the approval of the County. The actual
work completed shall be at all times subject to inspection by the County. Statements for
payment shall not be submitted more than once a month.
IV. CHANGES
The County may, from time to time, request changes in the scope of services of the COG
to be performed hereunder. Such changes, including any increase or decrease in the
amount of the COG’s compensation, which are mutually agreed upon by and between the
County and the COG, shall be incorporated in written amendments to this Contract.
A. Key Personnel: The Contractor shall not substitute key personnel assigned to the
performance of this contract without prior written approval by the Agency’s
Contract Administrator (City or County) and the grantor agency, the North
Carolina Department of Commerce, Division of Community Assistance.
Individuals designated as key personnel for purposes of this contract are those
specified in the Contractor’s proposal.
B. Subcontracting: Work proposed to be performed under this contract by the
Contractor or its employees shall not be subcontracted without prior written
approval by the Agency’s Contract Administrator and the grantor agency, the
North Carolina Department of Commerce, Division of Community Assistance.
Acceptance of an offeror’s proposal shall include any subcontractor(s) specified
herein.
V. CONFLICT OF INTEREST
Interest of Members, Officers, or Employees of the County, Members of Local
Governing Body, or Other Public Officials. No members, officer, or employee of the
County or its agents, no member of the governing body of the County in which the
program is situated, and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure
or for one year thereafter, shall have any financial interest, either direct or indirect, in any
contract or subcontract, or the process thereof, for work to be performed in connection
with the program assisted under this agreement. Immediate family members of said
members, officers, employees, and officials are similarly barred from having any
financial interest in the program. The County shall incorporate, or cause to be
incorporated, in all such contracts or subcontracts, a provision
prohibiting such interest pursuant to the purpose of this section.
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VI. TERMINATION OF CONTRACT FOR CAUSE
If through any cause, the COG shall fail to fulfill in timely and proper manner their
obligations under this Contract, or if the COG shall violate any of the covenants,
agreements, or stipulations of this Contract, the County shall thereupon have the right to
terminate this Contract by giving written notice to the COG of such termination and
specifying the effective date thereof, at least five (5) days before the effective date of
such termination. In such event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports prepared by the COG under
this Contract shall, at the option of the County become its property and the COG shall be
entitled to receive just and equitable compensation for any work satisfactorily completed
hereunder.
Notwithstanding the above, the COG shall not be relieved of liability to the County for
damages sustained by the County by virtue of any breach of the Contract by the COG,
and the County may withhold any payments to the COG for the purpose of set-off until
such time as the exact amount of the damages due the County from the COG is
determined.
VII. TERMINATION OF CONTRACT FOR CONVENIENCE
The County or COG may terminate this Contract at any time by giving at least ten (10)
days notice in writing to the other party. If the Contract is terminated by either party as
provided herein, the COG will be paid for the time provided and expenses incurred up to
the termination date. If this Contract is terminated due to the fault of the COG, Paragraph
VI hereof relative to termination shall apply.
VIII. NONDISCRIMINATION CLAUSE – Section 109, Housing and Community
Development Act of 1974
In performing its duties under this Contract, the COG will comply with the requirements
of the Nondiscrimination Clause of Section 109, Housing and Community Development
Act of 1974, which requires …“That no person in the United States shall on the ground
of race, color, national origin or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with funds available under this title”.
IX. AGE DISCRIMINATION ACT OF 1975, AS AMENDED – Nondiscrimination on the
Basis of Age
In performing its duties under this Contract, the COG will comply with the requirements
of the Age Discrimination Act of 1975, as amended, Nondiscrimination on the Basis of
Age, which requires that… “No qualified person shall on the basis of age be excluded
from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program or activity which receives or benefits from Federal
Financial assistance”.
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X. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED -
Nondiscrimination on the Basis of Handicap
In performing its duties under this Contract, the COG will comply with the
requirements
of Section 504 of the Rehabilitation Act of 1973, as amended, Nondiscrimination on the
Basis of Handicap, which requires that… “No qualified handicapped person shall, on the
basis of handicap be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or activity which receives or
benefits from Federal Financial assistance”.
XI. SECTION 3 CLAUSE
“Section 3” Compliance in the Provision of Training, Employment and Business
Opportunities
A. The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u. Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given lower income residents of the project area and
contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
B. The parties to this contract will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the
Department issues thereunder prior to the execution of this contract. The parties
to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
C. The COG will send to each labor organization or representative of works with
which it has a collective bargaining agreement or other contract or understanding,
if any, a notice advising the said labor organization or workers representative of
the COG’s commitments under this Section 3 clause and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment training.
D. The COG will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or
recipient of Federal financial assistance, take appropriate action pursuant to the
subcontract upon finding that the subcontractor is in violation of regulations
issued by the Secretary of Housing and Urban Development, 24 CFR Part 135
and will not let any subcontract unless the subcontractor has first provided it with
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a preliminary statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
135, and all applicable rules and orders of the Department issued hereunder prior
to the execution of the contract, shall be a condition of the Federal financial
assistance provided to project, binding upon the applicant or recipient for such
assistance, its successors and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its
successors or assigns to those sanctions specified by the grant or loan agreement
of contract through which Federal assistance is provided, and to such sanctions as
are specified by 24 CFR Part 135.
XII. ACCESS TO RECORDS AND RECORD RETAINAGE CLAUSE
In general, all official project records and documents must be maintained during the
operation of this project and for a period of three years following close out in compliance
with 15 NCAC 13L Rule .0911, Recordkeeping.
The North Carolina Department of Commerce, the North Carolina Department of the
Treasurer, U.S. Department of Housing and Urban Development, the Comptroller
General of the United States, or any of their duly authorized representatives, shall have
access to any books, documents, papers and records of the COG which are pertinent to
the execution of this Agreement, for the purpose of making audits, examinations,
excerpts and transcriptions in compliance with the above Rule.
XIII. LOBBYING CLAUSES
Required by Section 1352, Tittle 31, U.S. Code
A. No Federal appropriated funds have been paid or will be paid by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with awarding of any Federal Contract, the making of any Federal Grant, the
making of any Federal Loan, the entering into of any cooperative, agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid
any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard
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Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
This is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
XIV. Executive Order 11246 Clause
During the performance of this Contract, the COG agrees as follows:
A. The COG will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The COG
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The COG
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
B. The COG will, in all solicitations or advertisements for employees placed by or
on behalf of the COG, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex or national origin.
C. The COG will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a
notice, to be provided by the agency contracting officer, advising the labor union
or workers’ representative of the COG’s commitments under Section 202 of
Executive Order No. 11246 of September 24, 1965, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
D. The COG will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
E. The COG will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to their books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations and
orders.
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F. In the event of the COG’s noncompliance with the Nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the COG may be
declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies involved as provided in
Executive Order No. 11246 of September 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
G. The COG will include the provisions of paragraphs A through F in every
subcontract or purchase order unless exempted by rules, regulations or orders of
the Secretary of Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1965, so that such provisions will be binding upon such
subcontractor or vendor. The COG will take such action with respect to any
subcontract or purchase order as the contracting agency may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided,
however, that in the event the contract becomes involved in, or threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
contracting agency, the COG may request the United States to enter into such
litigation to protect the interests of the United States.
IN WITNESS THEREOF, the County and the COG mutually agree to abide by the terms and
conditions enumerated herein and hereby execute this Contract.
COUNTY OF PERSON
_____________________________
Johnny M. Lunsford
Chairman
ATTEST:
____________________________
Faye Fuller, Clerk to the Board
KERR-TAR REGIONAL COUNCIL OF GOVERNMENTS
_______________________________________
Timothy M. Baynes, Executive Director
ATTEST:
_______________________________________________
Gina A. Parham, Senior Administrative Support Specialist
This instrument has been preaudited as required by the Local Government Budget and Fiscal
Control Act.
___________________________________________
Amy Wehrenberg, Person County Finance Officer
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APPROVE RESOLUTION AUTHORIZING SIGNATORY AUTHORITY
Executive Director of the Regional Council of Governments, Timmy Baynes
presented the Resolution of the Person County Board of Commissioners Authorization to
Sign Community Development Block Grant Requisition Forms Grant #08-C-1834. The
Resolution identifies the County Manager, Finance Director, Assistant Finance Director
and the Board of County Commissioners Chairperson as the Person County individuals
authorized to sign requisitions forms for the CDBG funds. Commissioner Clayton
commended Mr. Baynes for a job well done as the Director of the Kerr Tar Council of
Governments.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried to approve the Resolution of the Person County Board of
Commissioners Authorization to Sign Community Development Block Grant Requisition
Forms Grant #08-C-1834.
RESOLUTION OF THE PERSON COUNTY
BOARD OF COMMISSIONERS
AUTHORIZATION TO SIGN
COMMUNITY DEVELOPMENT BLOCK GRANT
REQUISITION FORMS
Grant # 08-C-1834
WHEREAS, the County of Person has been awarded a Community Development Block Grant
for an Scattered Site Project by the North Carolina Department of Commerce in
the amount of $400,000; and,
WHEREAS, the County of Person is required to designate individuals to sign requisition
forms for the Community Development Block Grant Scattered Site Funds.
NOW, THEREFORE, BE IT RESOLVED, by the Person County Board of Commissioners
that the following individuals are authorized to sign requisition forms for
Community Development Block Grant Funds:
Heidi York – Person County Manager
Amy Wehrenberg – Finance Director
Beth Farabaugh – Assistance Finance Director
Johnny M. Lunsford – Chairperson Person County Commissioners
BE IT FURTHER RESOLVED that Faye Fuller is hereby authorized to be the Certifying
Official for the Community Development Block Grant Signatory Form and Certification.
ADOPTED this the 16th day of February, 2009.
__________________________________
Johnny M. Lunsford
Chairperson of Person County
ATTEST:
_______________________________
Faye T. Fuller, Clerk to the Board
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REQUEST APPROVAL TO IMPLEMENT NEW FEE FOR THE PROSTATE
SPECIFIC ANTIGEN (PSA) TEST
Person County Health Director, Janet Clayton requested Board approval to add
the Prostate Specific Antigen (PSA) test to the Person County Health Department testing
procedures and fee schedule. The PSA Test would be code 84153 at a fee of $26.00.
A motion was made by Commissioner Kennington, seconded by Commissioner
Jeffers, and carried to approve the addition of the PSA test fee to the Person County
Health Department’s fee schedule.
CONSIDERATION OF LEASE AND FIXED BASE OPERATOR AGREEMENT
FOR PERSON COUNTY EXECUTIVE AIRPORT
Assistant County Manager, Paul Bailey presented the Board with the ten year
Lease and Agreement developed for execution by Person County, The Person County
Airport Commission and Red Mountain Aviation, Inc. The lease includes the building
known as the “terminal building”, the fuel storage and dispensing facility, the paved
aircraft apron area, the maintenance hangar facility, the aircraft tie-downs located on the
paved apron, the thirty T-hangars on the Airport property and the 15,600 square foot
corporate hangar (formerly GTE). Red Mountain Aviation, Inc. will pay to the County
$7,719 per month plus a percentage of fuel sales. Fuel flowage fees are 6 cents for each
gallon of the first 10,000 gallons of aviation fuel dispensed during the month, 10 cents for
each gallon of aviation fuel dispensed during the month in excess of 10,000 gallons but
less than 20,000 gallons, and 15 cents for each gallon of aviation fuel dispensed during
the month in excess of 20,000 gallons. Mr. Bailey noted the Resolution to Authorize
Execution of a Lease prepared by the County Attorney that should be adopted for the
Board Chairman to sign the contract. Mr. Bailey further noted the Airport Commission
Chair will also be required to sign the contract.
A motion was made by Commissioner Kennington, seconded by Commissioner
Jeffers, and carried to approve the ten year Lease and Agreement developed for
execution by Person County, The Person County Airport Commission and Red Mountain
Aviation, Inc., and the Resolution to Authorize Execution of a Lease, as presented.
February 16, 2009
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NORTH CAROLINA
PERSON COUNTY
LEASE AND FIXED BASE OPERATOR AGREEMENT
THIS LEASE AND FIXED BASE OPERATOR AGREEMENT, effective as
of the 1st day of March, 2009, by and between PERSON COUNTY, a body politic (the
“County”), THE PERSON COUNTY AIRPORT COMMISSION (The “Commission”)
and Red Mountain Aviation, Inc., a North Carolina Corporation, (“Red Mountain
Aviation”)’
WHEREAS, the County wishes to enter into a ten year lease agreement with Red
Mountain Aviation for lease of a portion of the property upon which is constructed the
Person County Executive Airport, (“Airport”) and
WHEREAS, the Commission wishes to enter into a contractual agreement with
Red Mountain Aviation to provide certain fixed base operator services at the Airport, and
WHEREAS, Red Mountain Aviation wishes to enter into such a lease agreement
with the County and such a fixed base operator agreement with the Commission,
NOW THEREFORE:
I LEASE.
1. PREMISES. Subject to the terms and conditions hereinafter set
forth, County leases to Red Mountain Aviation the following buildings,
equipment and other property presently located at the Airport, (the “Leased
Premises”):
A. The building known as the “terminal building”.
B. The fuel storage and dispensing facility.
C. The paved aircraft apron area.
D. The maintenance hangar facility.
E. Aircraft tie-downs located on the paved apron.
F. Thirty T-Hangars on Airport property.
G. The 15,600 square foot corporate hangar (formerly GTE)
2. TERM OF LEASE. The term of this lease shall be for a period of
ten years commencing March 1, 2009 and terminating on February 28, 2019.
February 16, 2009
22
3. INCOME. With the exception of the amounts to be paid to County
as defined in Paragraph 7 of Section III, Red Mountain Aviation shall retain all
income from the operation of the Leased Premises including all food and drink
concessions located on the Leased Premises.
4. REPAIRS AND MAINTENANCE. County shall be responsible for
the maintenance of all paved areas, the exterior of all buildings and all major
repairs to buildings, their plumbing, electrical and climate control systems the
need for which is reported by Red Mountain Aviation to County’s Public Works
Director.
Red Mountain Aviation shall be responsible for providing labor and
materials
necessary to maintain and repair all windows, doors, interior walls and shall
provide
labor and materials necessary to make minor repairs to the electrical, plumbing
and climate control systems, such as replacement of air conditioning filters, light
bulbs of all kinds, switches, fuses, repair of clogged drains.
Red Mountain Aviation shall be responsible for the labor and materials for
repairs necessitated by the negligence of Red Mountain Aviation, its employees
and agents.
Red Mountain Aviation agrees to surrender the Leased Premises at the
expiration or earlier termination of the Lease Agreement in as good a condition
as when received, excepting only deterioration caused by ordinary wear and
tear, and damage by fire, wind, or other casualty of the kind insured against in
standard policies of fire insurance and extended coverage.
5. LITTER, MOWING AND SNOW. Red Mountain Aviation shall be
responsible for keeping the immediate area in and around the hangars and
terminal building free of litter. County shall be responsible for mowing the
Leased Premises.
Upon request by Red Mountain Aviation and agreement by the County,
County shall be responsible for ice and snow removal from the Leased
Premises.
February 16, 2009
23
6. ALTERATIONS. At its own cost, Red Mountain Aviation shall be
entitled to make alterations, improvements and additions to the Leased Premises,
provided that all plans are reviewed and approved by the County, but same shall remain
on said premises upon termination of lease and shall become the property of County upon
said termination.
7. UTILITIES. County shall provide water and sewer service for the
Leased Premises.
Red Mountain Aviation shall provide all other utilities, including, but not limited
to, electricity and telephone service to the terminal building, fuel farm, maintenance
hangar, T-hangars, corporate hangar, AWOS, runway lights, taxiway lights, and radio
loop telephone.
8. ACCESS. County and Commission shall at all times have the right to
enter the Leased Premises for the purpose of inspection.
II FIXED BASE OPERATOR.
Subject to the terms and conditions hereinafter set forth, the Commission grants
to Red Mountain Aviation the right to provide on the Leased Premises fixed base
operator services and other services as provided below.
Red Mountain Aviation shall use and operate the Leased Premises for a fixed
base aircraft operation to serve the Airport and is expected to provide the following
services:
► Maintain fuel inventory, fuel trucks and provide fueling service for Avgas and
Jet
A fuel;
► Maintain a winter and a summer schedule for public hours seven days a week at
the Terminal Building for at least nine hours a day October to April, and at least
10 hours a day May to September, excluding Thanksgiving Day, Christmas Day,
Easter Sunday, and Independence Day, and post public hours in a location
accessible to the public;
► Provide reception of customers and visitors, provide public waiting area; provide
information to the public and respond to public inquires regarding local aviation
and the local area;
February 16, 2009
24
► Provide public facilities available for pilots (i.e. flight planning amenities: access
to weather information, telephone, computer with internet access, etc.);
► Provide at least one clean, well maintained, insured, courtesy vehicle;
► Maintenance of the public restrooms in the Terminal Building, and general
maintenance/housekeeping of all leasehold areas;
► Trash collection and trash disposal for leasehold areas;
► Aircraft ramp services (towing, parking guidance, etc.) during public hours;
► Operation of Unicom radio, issues NOTAMs and other necessary public
information involving the airport operations and status;
► Assign and collect fees for transient tiedowns;
► Collect permanent tiedown fees; manage T-hangars; monitor compliance with
rental agreements in T-hangars and activities on airport grounds;
► Employ an adequate number of properly trained and/or certified personnel to
provide satisfactory FBO service;
► Attend and participate in Airport Commission meetings;
► Complete weekly inspections of the airport area and its paved areas, lighting and
landing systems, and other on-ground systems, and report (or remedy and report)
any issues identified from these inspections to the County.
► Complete daily inspections of the runway, taxiway and apron pavements for
foreign objects and debris;
► Submit written monthly reports to the County summarizing the weekly
inspections listed above, plus information regarding the previous month’s fuel
sales, tie-down rentals, T-hangar rentals, corporate hangar rentals, and general
airport operations;
► Monitor on-airport activity and report any potential security and safety concerns
to designated County personnel for potential remedies;
► Operate at all times those portions of the airport and its facilities which are within
the leasehold of the FBO which are necessary to serve the aeronautical users of
the airport in a safe and serviceable condition and in accordance with the
minimum standards as may be required or prescribed by applicable Federal, State
and local agencies for maintenance and operation. The FBO will not cause or
permit any activity or action thereon which would interfere with its use for airport
purposes;
► Furnish services to the public on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and charge reasonable and not unjustly discriminatory,
prices for each unit or service.
Any other use of the Leased Premises shall be prohibited without the express written
consent of the County and the Commission.
III TERMS AND CONDITIONS.
The following terms and conditions shall apply to and are a part of both the lease
and the fixed base operator agreement as set forth above:
February 16, 2009
25
1. STANDARD OF CARE. Red Mountain Aviation shall at all times manage and
operate
the Leased Premises in a careful, safe, prudent and efficient manner in keeping with the
standards of an airport of the size and value of the Airport and in accord with Federal,
State and county law and procedures.
2. SERVICES AND PERSONNEL. Red Mountain Aviation shall at all times provide
adequate services to those using the Airport at reasonable and established rates
customarily used by airports of like size and characteristics in this State, and shall
employ a sufficient staff of experienced and capable personnel and furnish modern and
adequate tools and equipment for such services.
3. DISCRIMINATON. Red Mountain Aviation agrees to operate the Leased
Premises for the use and benefit of the public, to make available all facilities and services
to the public without discriminatory or otherwise unreasonable charges or fees; however,
Red Mountain Aviation shall be allowed to make reasonable and nondiscriminatory
discounts, rebates or other similar types of price reductions to volume purchasers.
4. FUEL AVAILABILITY. Red Mountain Aviation will provide availability of fuel
to users of the Airport twenty-four hours a day, seven days a week.
5. INSURANCE. Red Mountain Aviation agrees that at all times, hereafter,
during the term of this lease, it shall maintain and keep in force a policy of $1 million
General Liability Insurance and adhere to Standard Tort Limits on all other coverages,
provide Workers Compensation and Employers Liability Insurance of $100,000 per
employee, and provide Environmental Liability Insurance with $1 million clean-up
coverage. Red Mountain Aviation shall name County as an additional insured in said
policy of insurance. The County will provide insurance for all buildings and fuel farm
tanks.
6. INDEMNIFICATION. Red Mountain Aviation will indemnify County and
Commission and save them harmless from and against any and all claims, actions, costs,
judgments, liens, or liability for loss of life, personal injury or damage to property arising
out of or resulting from the negligence of Red Mountain Aviation, its agents, licensees,
concessionaires or employees in Red Mountain Aviation’s use of the Leased Premises.
7. PAYMENTS TO COUNTY. Red Mountain Aviation shall within the first
fifteen days of each month pay to County the following based on monies collected by
Red Mountain Aviation during the preceding month:
A. Fuel Flowage Fee.
$0.06 for each gallon of the first 10,000 gallons of aviation fuel dispensed
by Red Mountain Aviation during the month.
$0.1000 for each gallon of aviation fuel dispensed by Red Mountain
Aviation during the month which is in excess of 10,000 gallons but less
than 20,000 gallons.
February 16, 2009
26
$0.15 for each gallon of aviation fuel dispensed by Red Mountain
Aviation during the month which is in excess of 20,000 gallons.
B. Monthly Rental in the amount of $7,719 ($92,628 per year).
Lessee shall maintain such records and books of account as may be necessary to
document and justify all amounts payable to County under this lease, and shall maintain
the same for at least three (3) years following the termination of this lease. County shall
have a reasonable right of access to an inspection of all such books and records.
8. TAXES. Red Mountain Aviation agrees to pay any taxes which are properly
assessed against it or its property located on the Leased Premises or arising out of
business done on the Leased Premises.
9. ASSIGNMENT. Red Mountain Aviation shall not assign this lease and
agreement without the written consent of County and Commission. County and
Commission shall not unreasonably withhold approval.
10. NOTAMS AND NAVAGATIONAL AID FAILURE. Red Mountain Aviation
shall report to the appropriate authorities and entities each situation at the Airport which
is the proper subject of a Notice to Airmen and shall simultaneously notify of such notice
the County’s Airport Coordinator, David Rogers, 336-597-1734. The County will notify
Red Mountain Aviation of any successor to Airport Coordinator.
Red Mountain Aviation shall report to the FAA and then to the Airport
Coordinator, any defect or failure in any navigational aid on the Leased Premises.
11. QUIET ENJOYMENT. Red Mountain Aviation, upon performing the covenants
and agreements of this Lease and Agreement shall quietly have, hold and enjoy the
Leased Premises and all rights granted Red Mountain Aviation in this Lease and
Agreement during the term hereof and extension hereto.
12. TERMINATION BY RED MOUNTAIN AVIATION. Red Mountain Aviation
shall be entitled to declare this Lease terminated upon the occurrence of any of the
following events:
A. The permanent abandonment of the Airport.
B. The lawful assumption by the United States Government, or any authorized
agency thereof, of the operation, control or use of the Leased Premises or of the
Airport, or any substantial part or parts thereof, in such manner as substantially to
restrict Red Mountain Aviation for a period of at least ninety days from operating
thereon.
C. Issuance by any court of competent jurisdiction of any injunction preventing
or restraining the use of the Airport and the remaining in force of such injunction
for a period of at least ninety days.
D. The default by County or Commission in the performance of any covenant or
agreement herein required to be performed and the failure of County or
February 16, 2009
27
Commission to remedy such default for a period of sixty days after receipt from
Red Mountain Aviation of written notice of such default.
13. TERMINATION BY COUNTY AND COMMISSION. This lease and agreement
shall be subject to cancellation by County and Commission in the event Red Mountain
Aviation shall:
A. Be in arrears in the payment of rent for a period of fifteen days after written
notice of same from County.
B. Make a general assignment for the benefit of creditors or file a voluntary
petition in bankruptcy or if it is adjudicated a bankrupt pursuant to an involuntary
petition.
C. Not conduct business on the Leased Premises for a period of three days unless
prohibited from doing so by action of the County or Commission.
D. Default in the performance of any covenant or agreement contained herein
(except payment of rent) and such default continues for a period of sixty days
after written notice of same from County.
Upon the occurrence of any of the aforesaid events, County and Commission may,
without prejudice to any other rights they may have, cancel and terminate this Lease and
Agreement by giving Red Mountain Aviation written notice of its election to so do and
upon such cancellation, County may take immediate possession of the Leased Premises
and shall have the right to remove Red Mountain Aviation’s personal property without
liability for damage to same. All rent due hereunder shall be payable to the date of said
termination.
Failure of County and Commission to declare this Lease and Agreement terminated
upon default of Red Mountain Aviation, shall not operate to bar or destroy the right of
County and Commission to cancel this lease for any subsequent violation of the terms
hereof.
14. GOVERNMENTAL AGREEMENTS. Red Mountain Aviation is aware that
County and Commission have in the past, and intend in the future, to enter into
agreements with the United States of America and the State of North Carolina
concerning the application for funds for improvements to be made at the Airport. This
Lease is expressly made subject to all of said agreements now existing, or hereafter to be
entered into, and it is agreed that as to any conflict between the terms of any
governmental agreement and this lease, said governmental agreement shall control.
15. REPORTS AND RECORDS. Within the first fifteen days of each month, Red
Mountain Aviation shall provide to the Finance Office of County a monthly accounting
of funds collected upon which are based the payments specified by Paragraph 7 above.
Within the first fifteen days of each calendar year, Red Mountain Aviation shall
provide to the Person County Tax Collector, with a copy to the Airport Coordinator, a
list of all aircraft based at the Airport and shall specify as to each such aircraft: (1) the
name and mailing address of the owner, (2) make and model, and (3) estimated value.
February 16, 2009
28
16. NOTICE. Any notice required to be given under the terms of this lease may be
made to Red Mountain Aviation by registered mail addressed to Red Mountain
Aviation, c/o Bill Tougas, 385 Montgomery Drive, Timberlake, North Carolina, 27583
and Fax to Randall Latona, 978-475-4486, and as to County and Commission by
registered mail addressed to County Manager, Person County Office Building, 304 S.
Morgan Street, Room 212, Roxboro, North Carolina 27573, or at such other address as
one of the parties may designate in writing to the other.
IN TESTIMONY WHEREOF, the parties to this Agreement have
executed the same in duplicate originals, one of which is retained by each.
This the _____ day of ____________, 2009.
RED MOUNTAIN AVIATION, INC.
_____________________________
William E. Tougas, President
ATTEST: ____________________________
PERSON COUNTY AIRPORT COMMISSION
This the _____ day of _____, 2009.
_______________________________
Brantley T. Burnett, Chairman
WITNESS: ______________________________
PERSON COUNTY, NORTH CAROLINA
This the ____ day of _______, 2009.
___________________________________
Johnny Myrl Lunsford, Chairman
Person County Board of Commissioners
ATTEST: _________________________________
Faye T. Fuller, CMC, Clerk to the Board
February 16, 2009
29
NORTH CAROLINA
PERSON COUNTY
I, ____________________________, a Notary Public for said State and County, certify
that William E. Tougas personally appeared before me this date and acknowledged that
he is President of Red Mountain Aviation and that on behalf and with its authority, the
foregoing instrument was signed in its name by its ____________, sealed with its
corporate seal and attested by its Secretary on this the _____ day of _____________,
2009.
WITNESS my hand and official seal this the ____ day of _____________, 2009.
_____________________________ My Commission Expires:
Notary Public _____________________________
NORTH CAROLINA
PERSON COUNTY
I, _____________________________, a Notary Public for said State and County, certify
that Brantley T. Burnett personally appeared before me this date and acknowledged the
due execution of the document in his capacity as Chairman of the Person County Airport
Commission.
WITNESS my hand and official seal this the _____ day of _____________, 2009.
______________________________ My Commission Expires:
Notary Public ____________________________
************************************************************************
*************************************
NORTH CAROLINA
PERSON COUNTY
I, ____________________________, a Notary Public for said State and County certify
that Faye T. Fuller personally appeared before me this day and acknowledged that she is
Clerk of the Board of Commissioners of Person County, North Carolina and that by
authority duly given and as the act of the County, the foregoing instrument was signed in
its name by Johnny Myrl Lunsford, Chairman of the Board of Commissioners, sealed
with its seal, and attested by her as Clerk to the Board of Commissioners.
WITNESS my hand and official seal this the ____ day of ________________, 2009.
_____________________________ My Commission Expires:
Notary Public _____________________________
February 16, 2009
30
A Resolution to Authorize Execution of a Lease
WHEREAS, the Person County Board of Commissioners desires to lease excess real
estate owned by the County at the Person County Airport to a Fixed Base
Operator.
NOW THEREFORE, BE IT RESOLVED by the Person County Board of County
Commissioners that:
1. The property proposed to be leased as a part of the Fixed Base
Operation at the Airport is described as follows:
The building known as the “terminal building”, the fuel storage and
dispensing facility, paved aircraft apron area, the maintenance
hangar, all aircraft tie-downs located on the paved apron and thirty
T hangers on Airport property, and the 15,600 square foot corporate
hangar (formerly GTE); and,
2. The property described above is not needed now and will not be
needed for the term of the proposed lease; and,
3. The proposed lease is for a 10 year period at a rental of $7719 per
month plus a percentage of fuel sales; and,
4. The proposed lessee is Red Mountain Aviation, Inc.; and,
5. The Chair of the Board is authorized to execute the attached lease.
Done this 16th day of February, 2009.
Attest:
_____________________________ ______________________________
Faye T. Fuller Johnny Myrl Lunsford
Clerk to the Board Chairman
February 16, 2009
31
CONSIDERATION OF MALSR CONTRACT FOR AIRPORT
Public Works Director, David Rogers informed the Board that Person County is
ready to have the contract approved to install the Approach Lighting System at the
Airport. Mr. Rogers pointed out the bid tabulation and letter from Talbert & Bright
recommending the low bidder, Central Builders, Inc. of Mebane. Mr. Rogers requested
board approval of the contract as well as authorization of the Assistant County Manager
to execute the contract documents.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Lunsford, and carried to approve the contract as well as authorize the Assistant County
Manager to execute the contract documents.
February 16, 2009
32
February 16, 2009
33
CONSIDERATION OF WAIVER OF SPECIAL USE PERMIT CONDITION FOR
CERTAINTEED GYPSUM
Planning Director, Paula Murphy appeared before the board and stated that on
March 14, 2005, the Person County Board of County Commissioners approved a Special
Use Permit (SU-03-04) to establish a gypsum board manufacturing facility on Shore
Drive per an approved site plan with the following conditions: 1. approval from the NC
Division of Water Quality on the wastewater permit must be obtained and a copy of the
approval submitted to Planning and Zoning prior to a Zoning Permit, 2. all Federal, State
and local permits to be obtained and a copy of those approvals submitted to Planning
prior to a zoning permit, and 3. the site plan must include the height of all structures, all
signage, all lighting, any buffers that are planned and the waste facility. The Planning
Department has approved the site plan per item 3. CertainTeed has obtained the
necessary permits for site grading and the installation of temporary office trailers.
CertainTeed would like to start construction on the warehouse and office portion of the
plant. As of now, CertainTeed has not obtained their air permit. One of the conditions of
the Special Use Permit is that all Federal, State and local permits be obtained prior to the
issuance of a Zoning Permit. The applicant is asking that this provision be waived so that
they can obtain a Zoning and Building Permit for the construction on the warehouse and
office portion of the plant. The permits for the processing portion of the facility will not
be granted until all of the Federal, State and local permits are received.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to approve the Request the Waiver of Special Use Permit Condition
for CertainTeed Gypsum.
February 16, 2009
34
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 16th day of February 2009, as follows:
Dept./Acct No. Department Name Amount
Incr /
(Decr)
EXPENDITURES General Fund
General Government (18,000)
Public Safety 8,500
Transfer to Emergency Telephone Fund (7,000)
Emergency Telephone Fund (7,000)
Bldg Construction, Roof Replmt & Paving Capital Project Fund 1,325
REVENUES General Fund
Other Revenues 2,825
Fund Balance Appropriation (19,325)
Emergency Telephone Fund
Transfer from General Fund (7,000)
Bldg Construction, Roof Replmt & Paving Capital Project Fund
Fund Balance Appropriated 1,325
Appropriate: Donation to the Sheriff's Department ($2,825); interfund transfers within the
Telecommunications
Department; transfer of expenditures for road signs from the Emergency Telephone Fund (since they are not
eligible expenses under this Fund) to the Emergency Telecommunications Department in the General Fund;
transfer of remaining funds in Bldg Construction, Roof Replacement & Paving Capital Project Fund to be
spent
on vehicle capital from the General Fund (-)$1,325; and correction of a duplicate entry to Fund Balance
and Professional Services in Governing Body for the Courthouse design fees (-)$18,000.
Commissioner Kennington asked the Assistant County Manager if the design fees
for the Courthouse project were a standard fee structure. Mr. Bailey stated he felt 8%
design fees was in line for a project of this magnitude.
February 16, 2009
35
CHAIRMAN’S REPORT:
Commissioner Lunsford recognized the Clerk to the Board of Commissioners,
Faye T. Fuller, for her services rendered to Person County noting the important role she
has had with the Board, the County Manager and the County Attorney. The Board
members extended their appreciation and noted this would be her last Board meeting.
A motion was made by Commissioner Kennington, seconded by Commissioner
Jeffers, and carried to proclaim February 16, 2009 as Faye T. Fuller day in Person
County.
County Attorney, Ron Aycock added that in his experience of not only as the
attorney for Person County but as the Executive Director of the County Commissioner
Association that Faye is not only known and respected in Person County but known and
respected throughout the State and will be missed greatly.
MANAGER’S REPORT:
Assistant County Manager Paul Bailey updated the Board on the Rolling Hills
project. Mr. Bailey stated that FEMA has approved the design by the Department of
Transportation and has also agreed to reimburse 75% of the costs of repairs. Mr. Bailey
further stated that the Department of Transportation does not have the funds to complete
this project at this time but are hopeful funds will be included in the proposed stimulus
package.
Commissioner Kennington asked Mr. Bailey is this is a “shovel ready” project
and Mr. Bailey replied that it is “shovel ready” with the design completed and approved.
The only remaining piece in this process is the bidding process that is estimated to be
done within 30 days of funds becoming available.
COMMISSIONER REPORT/COMMENTS:
Commissioner Kennington told the Board that another bridge in Person County
was lost last week due to structural damages. Commissioner Kennington stated the
bridge is located on Gordonton Road, further noting both Gordonton Road and Rolling
Hills Road leading to 158 are now closed.
Commissioner Kennington asked the group if a date was selected for the
City/County Joint meeting. No date has been set.
Commissioner Jeffers asked the Assistant County Manager regarding lobbying for
funds related to the proposed stimulus package. Mr. Bailey confirmed that a list of
“shovel ready” projects have been submitted to the Association of County
Commissioners as well as to the Department of Transportation. Mr. Bailey said he would
follow up.
February 16, 2009
36
Commissioner Jeffers told the group that some of the Long family (Randy Long)
that lived on the farm that is now Mayo Park is asking about some kind of recognition,
i.e., possibly name a road after the Long family, etc. Mr. Bailey directed the request to
the Parks and Recreation Department.
Commissioner Clayton mentioned the Board may be hearing more about the
Upper Neuse River Basin rules on water quality in the future.
CLOSED SESSION
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried to go into closed session per General Statute 143-318.11(a)(6) to
discuss personnel issues and to consider the initial employment or appointment of an
individual to any office or position, other than a vacancy in the board of county
commissioners or any other public body, and to consider the qualifications, competence,
performance, character, and fitness of any public officer or employee, other than a
member of the board of commissioners or of some other public body.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to return to open session at 11:20 a.m.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to appoint Brenda B. Reaves Clerk to the Board of County
Commissioners effective March 1, 2009.
ADJOURNMENT:
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to adjourn the meeting at 11:25 a.m.
_____________________________ ______________________________
Brenda B. Reaves Johnny Myrl Lunsford
Deputy Clerk to the Board Chairman