June 1
June 1, 2009
1
PERSON COUNTY BOARD OF COMMISSIONERS JUNE 1, 2009
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
recessed session on Monday, June 1, 2009 at 7:00 p.m. in the Commissioners’ meeting
room in the Person County Office Building following a dinner with the Advisory Council
of the Person County Cooperative Extension Service at 5:45 p.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.
FISCAL YEAR 2009-2010 BUDGET PUBLIC HEARING:
The Fiscal Year 2009-2010 Budget Public Hearing was advertised on May 20,
2009 and on May 23, 2009.
A motion was made by Commissioner Puryear, seconded by Commissioner
Clayton and carried to open the Fiscal Year 2009-2010 Budget Public Hearing.
The following individuals spoke during the Fiscal Year 2009-2010 Budget Public
Hearing:
Ms. Delores Carver of 415 Edgar Street, Roxboro, and current Assistant Register
of Deeds who has been employed over 33 years with Person County stated she will be
forced to retire November 1, 2009, and conveyed a success story of her part reuniting a
son with his father after 44 years.
Mr. Al Hancock of 225 Roy Pierce Road, Timberlake, and Commander of the
Person County Chapter 72 of Disabled American Veterans thanked the Board for
supporting the veterans of Person County by keeping veteran’s services in the budget.
Mr. Robert Ferrell of 1356 Holeman Ashley Road, Timberlake, and Commander
of the American Legion Lester Blackwell Post 138 conveyed to the Board that the current
Veterans Services Officer is certified by the NC DBA and the American Legion for the
State of North Carolina. The person at Piedmont Community College is not a Veterans
Certified Officer and can only assist in educational benefits.
June 1, 2009
2
Mr. Johnny Langford of 450 Gabriel Jones Road, Roxboro stated to the Board the
value of Mayo Park as a resource to our county. Mr. Langford also noted the importance
of the veteran’s services.
Sheriff Dewey Jones announced that it was brought to his attention by the
Association of County Commissioners that the House Appropriations is proposing to cut
or eliminate fees that will definitely impact all counties in jail services as well as
proposing to have staff pay for continuing education required for community service
personnel. Sheriff requested the Board to contact legislators to voice opposition of the
two proposed bills as described, and stated our county budget would severely be
impacted should the bills be passed.
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers and carried to close the Fiscal Year 2009-2010 Budget Public Hearing
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers and carried to approve the agenda.
INFORMAL COMMENTS:
There were no comments from the public.
APPROVAL OF MINUTES:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Puryear, and carried to approve the minutes of May 18, 2009.
ADMINISTRATIVE REPORTS:
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to approve the Administrative Reports for the Library and Tax
Administration & Collections.
JUVENILE CRIME PREVENTION COUNCIL APPOINTMENT:
Clerk to the Board, Brenda Reaves requested the Board to make nomination of the
applicants for the Juvenile Crime Prevention Council. Applications were received from
Deondre J. (“DJ”) Lester and Joseph Dale Parrish for one JCPC position slot representing
a person under the age of 21 for an initial one year term.
Ms. Reaves stated at the May 18, 2009 Board of Commissioner meeting, by show
of hands, Commissioners Kennington and Chairman Lunsford voted in favor of Deondre
J. (DJ) Lester and Commissioners Puryear and Clayton voted in favor of Joseph Dale
Parrish thereby ending in a tie with Commissioner Jeffers being absent. After Board
discussion on May 18, 2009, it was the consensus of the Board to delay this appointment
until the next regular scheduled Board meeting on June 1, 2009.
June 1, 2009
3
It was the unanimous vote of the Board to appoint Deondre J. (DJ) Lester to the
Juvenile Crime Prevention Council representing the person under 21 for an initial one
year term.
REQUEST FOR APPROVAL OF THE HOME & COMMUNITY CARE BLOCK
GRANT FUNDING FOR FISCAL YEAR 2009-2010:
Sandra Hicks, Host Site Representative for the Home & Community Care Block
Grant appeared before the Board requesting approval for the Home & Community Care
Block Grant (H&CCBG) 2009-2010 Fiscal Year Funding as outlined below. Ms. Hicks
stated that this Home & Community Care Block Grant is the largest source of funding for
the Council of Aging with additional funding from Person County, United Way,
donations and sometimes grants.
DOA/AAA ADC IN-
HOME
TOTAL
H&CCBG
LOCAL
MATCH
GRAND
TOTAL
PERSON $294,877 0 $22,737 $317,614 $35,290 $352,904
H&CCBG LOCAL
MATCH
TOTAL
Access Services* $17,225 $1,914 $19,139
In-Home Services* $14,354 $1,595 $15,949
Congregate Nutrition $41,384 $4,598 $45,982
Home Delivered Meals $34,978 $3,886 $38,864
*Minimum Budget Requirements
Agency Distribution of Total
H&CCBG
2008-2009
2009-2010
PC Council on Aging (88.4%) 283,150 280,771
PC DSS (9.4%) 30,190 29,856
Generations ADS (2.2%) 7,147 6,987
320,487 317,614
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to approve the Home & Community Care Block Grant 2009-2010
Fiscal Year Funding as presented.
June 1, 2009
4
CONSIDERATION FOR A VARIATION TO THE SUBDIVISION ORDINANCE
FOR A FLAG LOT OFF OF SURL-MT. TIRZAH ROAD:
Paula Murphy stated that on April 3, 2009 a request for a variation to the
Subdivision Ordinance to allow a flag lot was presented by James Hill for David Chance.
This is a request to create a flag lot on property located on Surl Mt. Tirzah Road. The
property in question is owned by David Chance and consists of 101.24 acres (shown as
Tract C). The property currently has no access, therefore, is landlocked. Mr. James Hill
who owns Tract A consisting of 87.43 acres with frontage on Surl Mt. Tirzah Road has
offered to sell Mr. Chance a fifty foot strip of land so that Tract C will not be landlocked.
Mr. Hill prefers not to grant access over an easement because he would then have to pay
the property taxes on that easement. The fifty foot addition to Mr. Chances’ lot will be
deemed a flag lot and approval must be granted by the Board of County Commissioners.
The Ordinance states that flag lots should be considered when there is no other
option for providing access to a parcel. Since this parcel is landlocked, the only means to
obtain access is either by a flag lot or a fifty foot easement granted by Mr. Hill. There is a
stream located on Tract A and C and the proposed Tract B. It should be noted that proper
permits from the appropriate government agency will need to be obtained in order to cross
a stream. Per the Neuse River regulations, the stream must have a fifty foot undisturbed
buffer from the top of the bank on both sides of the stream. It is located within the Flat
River watershed and there are no one hundred year flood areas. There is a stream located
on the property. The surrounding area consists of large farms, single family dwellings and a
church. Planning Staff feel this item is unique in that it is a large lot with no access and
relief through the variation process seems appropriate; otherwise, the owner would have no
use of his property. The Planning Board reviewed this item at their May 14, 2009 meeting
and voted unanimously to forward this item with a favorable recommendation in that it was
in keeping with Section 71-1 of the Subdivision Ordinance, as it is a unique situation and
this is the only means of access for the parcel.
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear, and carried to approve the request for a variation to the Subdivision Ordinance
for a flag lot off of Surl Mt. Tirzah Road as presented for David Chance.
REQUEST APPROVAL OF APPLICATION FOR COOPERATIVE
AGREEMENT TO RECEIVE FUNDING FOR WATER LINE EXTENSION TO
GMH SUPERFUND SITE AND APPOINTMENT OF COUNTY MANAGER AS
PERSON COUNTY’S AUTHORIZED REPRESENTATIVE TO SIGN
DOCUMENTS:
Assistant County Manager, Paul Bailey requested the Board to approve
submitting the application for a cooperative agreement with Environmental Protection
Agency (EPA) as well as authorizing the County Manager, Heidi York to sign
documents. Mr. Bailey noted this application submittal would be the next step in
providing a water line extension to the area of the GMH Superfund Site along NC 49
north of Roxboro. Mr. Bailey stated the engineering has been completed and in the
June 1, 2009
5
process of obtaining permits from the State as well as the right-of-way from the
Department of Transportation. The estimated cost of the project is $2,000,000 that is
100% EPA funded.
Commissioner Kennington inquired about the engineering firm and costs as well
as bidding requirements for this project by which Mr. Bailey replied the firm is Coulter,
Jewell and Thames from Durham of which $100,000 was appropriated but only $60,000
or so has been spent. Mr. Bailey stated the bid requirement was waived for the
engineering for this project due to an approved exception to proceed quickly to meet a
timeline as well as noting this firm has done over 95% of the City of Roxboro water line
extensions.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to approve submitting the application for a cooperative agreement
with Environmental Protection Agency as well as authorizing the County Manager, Heidi
York to sign documents.
CONSIDERATION TO ADOPT RESOLUTION ACCEPTING AND ENDORSING
THE SOLID WASTE MANAGEMENT PLAN OF 2009:
Assistant County Manager, Paul Bailey requested the Board to adopt a Resolution
Accepting and Endorsing the Solid Waste Management Plan of 2009 for Person County.
To be in accordance with NC General Statute 130A-309A(b), Person County and the City
of Roxboro must prepare an update the comprehensive solid waste management plan for
the Person County planning area. The original plan was prepared in 1997, and was
updated in 2000, 2003, and 2006. The plan includes waste reduction and other goals,
establishment of different solid waste management programs, cost and financing
estimates. A Public Hearing was held on May 4, 2009 and public comment was received.
Mr. Bailey stated the waste reduction goals were raised from the previous three year
update taking into consideration the Material Recovery Facility (MRF).
A motion was made by Commissioner Kennington, seconded by Commissioner
Puryear, to increase the waste reduction goals as recommended by citizen input at the
public hearing (5% to 8% by June 30, 2012 and 8% to 12% by June 30, 2019). After
Board discussion about attainable goals, the motion died to a 1/4 vote. Commissioner
Kennington voted in favor and Commissioners Lunsford, Clayton, Jeffers and Puryear
voted against.
The Resolution Accepting and Endorsing the Solid Waste Management Plan of
2009 for Person County was then adopted by vote of 4/1 with Commissioners Lunsford,
Clayton, Jeffers and Puryear voting in favor. Commissioner Kennington cast the
dissenting vote.
June 1, 2009
6
June 1, 2009
7
June 1, 2009
8
June 1, 2009
9
June 1, 2009
10
June 1, 2009
11
June 1, 2009
12
June 1, 2009
13
June 1, 2009
14
June 1, 2009
15
June 1, 2009
16
June 1, 2009
17
June 1, 2009
18
June 1, 2009
19
June 1, 2009
20
June 1, 2009
21
June 1, 2009
22
June 1, 2009
23
June 1, 2009
24
June 1, 2009
25
June 1, 2009
26
June 1, 2009
27
June 1, 2009
28
June 1, 2009
29
June 1, 2009
30
June 1, 2009
31
June 1, 2009
32
June 1, 2009
33
June 1, 2009
34
Commissioner Kennington recognized and congratulated Frances Blalock for her
volunteer effort at South Elementary educating the children about recycling and creating
creative options for recyclable materials.
CONSIDERATION TO AMEND PROJECT ORDINANCE FOR THE
PIEDMONT COMMUNITY COLLEGE TECHNICAL EDUCATION BUILDING
TO INCLUDE COURTHOUSE RENOVATION A&E/DESIGN FEES:
Finance Director, Amy Wehrenberg asked the Board for permission to amend the
current Project Ordinance for the Piedmont Community College Technical Education
Building to include the Courthouse Renovation. Ms. Wehrenberg noted the only costs
associated with the Courthouse Renovation at this time are the safety equipment and the
A&E Design Fees both of which have been previously approved by the Board. By
amending the Project Ordinance, the Finance Director will set up a capital project with
the intent to finance under an installment financing.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried 4/1 to amend Project Ordinance for the Piedmont Community
College Technical Education Building to include the Courthouse Renovation costs as
described above. Commissioners Lunsford, Clayton, Jeffers and Kennington voted in
favor. Commissioner Puryear cast the dissenting vote.
June 1, 2009
35
June 1, 2009
36
APPROVAL REQUESTED FOR PERSON COUNTY’S 5-YEAR CAPITAL
IMPROVEMENT PLAN FOR FISCAL YEARS 2010-2014:
Finance Director, Amy Wehrenberg and County Manager, Heidi York presented
the final proposed 5-year Capital Improvement Plan (CIP) for Fiscal Years 2010-2014 for
adoption. Ms. Wehrenberg noted the CIP would be approved in concept only with the
expectation for this document representing the county’s priorities be brought before the
Board after the audit for Fiscal Year 2008-2009 has been completed and the fund balance
is known. The final proposed CIP includes the two requested changes the Board desired.
The first change included the design fees for the Recreation and Senior Center to occur in
FY 2011 and the second shows the borrowing for this project to take place the following
year in FY 2012. This plan encompasses many capital projects for the County, Piedmont
Community College, and the Schools. The projects slated to be done next fiscal year
include several roofing projects, exterior wall waterproofing and security cameras at
Person High School, setting-aside funds for hot water repair at the Law Enforcement
Center, the design fees of the Recreation and Senior Center and the re-roofing of
Northern Middle School and Southern Middle School Gym. Ms. Wehrenberg noted on
the Northern Middle School project that in order to do this project in Fiscal Year 2011,
this would require a firm commitment by the Board since the design process would begin
this fall 2009 to be bid out in the Spring of 2010. The roofing projects for the schools are
generally done in the summer when the students are out of school. This would allow the
schools to move forward with this project so that the roofing for Northern Middle School
could be done next summer. The Finance Director recommended that the Board adopt
this Capital Improvement Plan as presented with the contingency that it not be funded
until mid-year in fiscal year 2010. This will enable the budgeting for capital projects
with an established fund balance and prevent an over-extension of funds in a year of
strained revenues and a recessive economy.
Commissioner Kennington corrected the information about the Recreation and
Senior Center being a mandatory project based on the voter favorable response on the
ballot confirming with the County Attorney that it is a non-binding vote unless the 7-year
authority is used to issue bonds. Commissioner Kennington believes the annual
operating costs for this project will be over 1million and felt this is not evident to the
citizens therefore can not support this project.
Commissioner Jeffers stated he believed the citizens of Person County voted in
2008 in support of the Recreation and Senior Center did not vote to have it realized 2016
or later. Commissioners Jeffers pointed out the engineering design process would need to
be completed in order to apply for grants in hope the total county costs would be reduced.
Commissioner Puryear felt the county could not afford the Recreation and Senior
Center project and could not endorse allocating $26,000 next fiscal year toward the A&E
fees.
June 1, 2009
37
Commissioner Clayton stated no funding has been attached that the CIP and it is
only a concept at this time. Ms. Wehrenberg confirmed by planning for the A&E fees
allows a scope of the project be developed, allows time to attain grants but does not
commit to proceed with the project if the financing is not available. Ms. Wehrenberg
cautioned that a long delay may mean a repeat the engineering again thus causing a loss.
Ms. Wehrenberg reiterated that CIP approval is requested for the concept as no
commitment of funds are being considered until December, 2009.
A motion was made by Commissioner Kennington, seconded by Commissioner
Puryear, to revert the revised Capital Improvement Plan back to the original proposed
Capital Improvement Plan as recommended by the County Manager thus moving the
design fees allocation from 2010 to 2012 and the building construction from 2011 to
2013. After Board discussion, the motion died 2/3. Commissioners Kennington and
Puryear voted in favor of this motion. Commissioners Lunsford, Clayton, and Jeffers
voted against.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried 3/2 to approve the 5-Year Capital Improvement Plan for Fiscal
Years 2010-2014 as presented. Commissioners Lunsford, Clayton and Jeffers voted in
favor. Commissioners Puryear and Kennington voted against.
June 1, 2009
38
June 1, 2009
39
June 1, 2009
40
June 1, 2009
41
June 1, 2009
42
June 1, 2009
43
June 1, 2009
44
June 1, 2009
45
BUDGET AMENDMENT:
Finance Director, Amy Wehrenberg presented and explained the following
Budget Amendment.
Upon a motion by Commissioner Clayton , and a second by Commissioner Jeffers
and majority vote, the Board of Commissioners of Person County does hereby amend
the Budget of the General Fund(s) on this, the 1st day of June 2009, as follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 5,033
Human Services 30,667
Person Industries Fund 5,416
REVENUES General Fund
Intergovernmental Revenues 28,080
Other Revenues 120
Fund Balance Appropriated 7,500
Person Industries-Special Revenue Fund
Intergovernmental Revenues 5,416
Appropriate: Reduction in 4-H YES Grant from the Department of Juvenile and Justice Department (-$2,467);
Restricted Technology Funds for the Register of Deeds Office for the purchase of storage equipment,
printer, and hardware maintenance ($7,500); donations, federal monies for the Food and Shelter program,
and other DSS adjustments ($30,667); and the 2nd quarter of Solid Waste Disposal Tax received to be spent on
equipment in the new MRF facility ($5,416).
June 1, 2009
46
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Contingency
(26,000)
Public Safety 26,000
Transfers
(200,000)
Roofing/Paving-Capital Project Fund 4,334,325
Bus Garage Construction/Health Dept
Renovation/PCC Roofing Project
(200,000)
REVENUES General Fund
Fund Balance Appropriation
(200,000)
Roofing/Paving-Capital Project Fund
Debt Financing Proceeds 4,050,000
Fund Balance Appropriated 284,325
Bus Garage Construction/Health Dept
Renovation/PCC Roofing Project
Transfer from General Fund
(200,000)
Appropriate: Reversing the closeout of the Bus Garage Project due to reporting requirements for current year
activity ($4,334,325); transferring money from undesignated contingency to the Sheriff's department for the
purchase of a new vehicle ($26,000); and restoring unused funds that were given to the Bus Garage Project
back to the General Fund by reducing fund balance appropriated (-$200,000).
Commissioner Kennington questioned the Finance Director of the leftover project
funds described above. Ms. Wehrenberg responded the $18,000 of the left over project
funds is indeed restricted, that only can be allocated on capital. Ms. Wehrenberg felt the
only capital around that same amount is the new vehicle for the Sheriff , as well as the
only capital that could be spent in the required timeframe. Ms. Wehrenberg confirmed to
the Board that these funds were not restricted for schools.
CHAIRMAN’S REPORT:
Commissioner Lunsford had no report
June 1, 2009
47
MANAGER’S REPORT:
County Manager, Heidi York announced the information the Board members had
requested at the last budget work session was available in the mail boxes and gave the
reminder of the next budget work session scheduled for Tuesday, June 2, 2009, at 6:30
p.m.
COMMISSIONER REPORT/COMMENTS:
Commissioner Kennington explained his questions about the bid process were due
to a local vendor inquiring of the possibility to be able to bid projects for the County.
Commissioner Puryear had no comments.
Commissioner Jeffers noted the same vendor inquiring about county bids and
stated he already asked the County Manager to add the vendor to the bid list.
Commissioner Clayton spoke to the value of the Association of County
Commissioners alerting counties to House Appropriations bills that are in the works. The
County Attorney added that the House Appropriations process is a quick turnaround often
without bill numbers.
June 1, 2009
48
CLOSED SESSION:
A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers, and
carried to go into closed session per General Statute 143A-318.11(a)(3) for the purpose of the
Board to consult with the County Attorney to preserved attorney-client privilege at 8:19 p.m.
Commissioner Lunsford announced a five minute break prior to closed session.
A motion was made by Commissioner Puryear, seconded by Commissioner Clayton,
and carried to return to open session at 9:16 p.m.
Chairman Lunsford distributed the County Manager Evaluation Forms to the
Board members.
RECESS:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried at 9:18 p.m. to recess the meeting until June 2, 2009 at 6:30 p.m.
for the next budget work session.
_____________________________ ______________________________
Brenda B. Reaves Johnny Myrl Lunsford
Clerk to the Board Chairman