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March 23 March 23, 2009 1 COUNTY BOARD OF COMMISSIONERS March 23, 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 regular session on Monday, March 23, 2009 at 9:00 a.m. in the FEMA Shelter Room located at the Human Services 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. Chairman Lunsford welcomed the students and teachers in attendance participating in Local Government Day. PUBLIC HEARINGS: REQUEST BY CAROLINA SOLAR ENERGY, LLC, FOR A SPECIAL USE PERMIT FOR A SOLAR ENERGY GENERATOR ON U.S. 501 SOUTH AND CROWN CRAFT BOULEVARD IN THE PERSON COUNTY INDUSTRIAL PARK A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton and carried to open the Public Hearing to hear the request by Carolina Solar Energy, LLC, for a special use permit for a solar energy generator on U.S. 501 South and Crown Craft Boulevard in the Person County Industrial Park. Planning Director, Paula Murphy stated that Carolina Solar Energy, LLC, had requested a Special Use Permit for Tax Map A63 Parcel 185 for a solar energy generator on U.S. 501 and Crown Craft Boulevard in the Person County Industrial Park. Carolina Solar Energy plans to lease four acres of the over fifty acre parcel. The site will contain 54 large panels (65’ x 15’) and each one consists of 72 individual panels. This site will be unmanned and only visited periodically for routine maintenance and will not require a well or septic system. Due to the construction of the solar panels, water is able to flow through, therefore, the panels are not considered in impervious calculations for the site. There are no flood areas on the property. The Planning Director recommended to the Board if approved the following conditions be included: 1) Applicant to obtain all Federal, State and Local permits that are required, and 2) Applicant to obtain a driveway permit from NCDOT as well as the drive to be 20 feet in width. The Planning Board held a Public Hearing on February 26, 2009, and voted unanimously to recommend approval of the special use permit request with conditions outlined. The Planning Director noted March 23, 2009 2 that it is in keeping with the Land Use Plan, Section 2.1 and Section 74.4 of the Zoning Ordinance. Economic Development Director, Glen Newsome spoke in support of this project and stated this project is a “green” project requiring sunshine that will be converted to energy. Mr. Newsome confirmed the 25 year lease of the land for this initial phase is at no cost. Mr. Newsome noted the application for the driveway permit has been submitted to DOT, with the drive way off Crown Boulevard. Mr. Newsome told the Board that this project represents a 3.2 million dollar investment that will in turn bring $4,500 tax revenue annually. In addition, $27,500 will be paid upfront by Carolina Solar Energy to Person County. Jerry Dudzik, partner of Carolina Solar Energy spoke in favor of this project and stated they have secured a 20 year power purchase agreement with Progress Energy to purchase the energy from this site. Carolina Solar Energy has secured their financial package with BB&T. Mr. Dudzik described the fence that would surround the entire perimeter made of galvanized mesh on the interior that would be transparent from the highway and confirmed all maintenance would be performed by Carolina Solar Energy for the life of the project. No one spoke in opposition to this request. A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, and carried to close this public hearing. A motion was made by Commissioner Puryear, seconded by Commissioner Clayton and carried to approve the Special Use Permit for Carolina Solar Energy, LLC for a solar energy generator on the U.S. 501 South and Crown Craft Boulevard in the Person County Industrial Park including the conditions as recommended by the Planning Director. PROPOSED FISCAL YEAR 2010 COMMUNITY TRANSPORTATION PROGRAM APPLICATION TO BE SUBMITTED TO THE NC DEPARTMENT OF TRANSPORTATION A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and carried to open the Public Hearing to hear the proposed Fiscal Year 2010 Community Transportation Program Application that must be submitted to the NC Department of Transportation. March 23, 2009 3 Person Area Transportation Director, Gerald Lunsford presented the proposed Fiscal Year 2010 Community Transportation Program Application that must be submitted to the NC Department of Transportation no later than March 31, 2009. The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Person County as well as provides transportation options and services for the communities within this service area. These services are currently provided using demand response, deviated routes and trip referral. Services are rendered by utilizing vans, local taxi operators, volunteers, deviated route buses, and/or personal automobiles. The total amount requested for the period July 1, 2009 through June 30, 2010 is outlined below: Project Total Amount Local Share Administrative $151,655.00 $22,748.25 (15%) Capital (Vehicles & Other) $ 31,850.00 $ 3,185.00 (10%) Operating (Small urban & regional systems) $ 0 $ 0 (50%) $183,505.00 $25,933.25 Total Funding Requests Total Local Share No one spoke in favor nor in opposition of the Fiscal Year 2010 Community Transportation Program Application. A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers, and carried to close this public hearing. A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton and carried to approve the proposed Fiscal Year 2010 Community Transportation Program Application to be submitted to the NC Department of Transportation as presented. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers and carried to approve the agenda as presented. INFORMAL COMMENTS: There were no comments from the public. APPROVAL OF MINUTES: A motion was made by Commissioner Clayton, seconded by Commissioner Jeffers, and carried to approve the minutes of March 2, 2009 and March 16, 2009. March 23, 2009 4 ADMINISTRATIVE REPORTS: A motion was made by Commissioner Clayton, seconded by Commissioner Puryear, and carried to approve the Administrative Reports for the Airport, Detention Center, Emergency Medical Services, Inspections, Person Industries Annual Safety Report, Person Industries FY 2008 Annual Report/Management Report, Public Library, and Tax Administration & Collections. PUBLIC HEALTH MONTH PROCLAMATION Health Director, Janet Clayton on behalf of the Health Committee requested the Board to declare the month of April, 2009 Public Health Month in Person County. A motion was made by Commissioner Clayton, seconded by Commissioner Puryear, and carried to adopt a Public Health Month Proclamation to proclaim the month of April, 2009 Public Health Month in Person County. March 23, 2009 5 Public Health Month Proclamation WHEAREAS, our nation spends more on health care than any other country, yet our health system is failing and we are not as healthy as we should be; and WHEREAS, American babies are three times more likely to die than those born in some developing countries, and WHEREAS, ethnic minority populations have nearly eight times the death rate for key health condition, such as diabetes, than that of non-minority populations; and WHEREAS, America has made the top 10 list of countries with the most people with HIV/AIDS; and WHEREAS, despite these challenges, public health professionals have contributed to dramatic progress over the last century, adding fluoride to our drinking water, introducing seat belt laws and eliminating polio, among other advances that improve our health; and WHEREAS, there can be no successful health reform without the support of a strong public health infrastructure; and WHEREAS, by supporting our nation’s public health system, we can build on the success of the past and establish the solid foundation for a health nation; and NOW, THEREFORE, I, Johnny Myrl Lunsford, by virtue of the authority vested in me by the laws of Person County, North Carolina, do hereby proclaim the month of April, 2009 as Public Health Month in Person County, and call upon the Personians to observe this month by helping our families, friends, neighbors, co-workers and leaders better understand the importance of public health to a successful health system in light of this year’s theme, “Building the Foundation for a Healthy America.” IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of March, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty- fourth. (signed) ____________________________________ Johnny Myrl Lunsford, Chairman Person County Board of Commissioners (SEAL) March 23, 2009 6 REQUEST CHANGING FIRE PROTECTION DISTRICT BOUNDARIES Fire Marshal, Johnny Gentry gave the Board options in regard to a request to change fire protection district boundaries. Fire Marshal Gentry told the Board of a petition previously presented to Board by Mr. John L. Blanks of 1525 Cavel-Chub Lake Road for the area along Chub Lake road from 2900 block to Cavel-Chub Lake Road turning onto Cavel-Chub Lake Road to the Kelly Carver Road, which also includes Roxdale Place and Poplar Lane to be placed in the Person County FD #1, which is covered by the City of Roxboro Fire & Rescue. Currently the property in this area is served by the Ceffo Fire & Rescue Department, which is a 9s ISO classification. By being moved to the FD#1 district, the homeowners would receive a reduction in insurance rates of about 20% annually. The FD#1 district with fire hydrants is a 4 under the ISO classification. To receive these rates, a home must be within 1000 feet of a fire hydrant and be within the 5 mile response district of the City of Roxboro Fire & Rescue. The Department of Insurance, State Fire Marshal’s Office advised that the Board of Commissioners could approve the map changes based on General Statute 153A-233 and submit to the State Fire Marshal’s office who will in turn submit to the Insurance Services Office. Fire Marshal Gentry requested the Board’s direction on how to proceed on this request. Fire Marshal Gentry noted that if the request to change fire protection district boundaries is approved by the Board, the maps would be redrawn and submitted for Board approval as well as a letter of official approval by the City of Roxboro would be obtained prior to submitting to the State Fire Marshal’s office. A motion was made by Commissioner Clayton, seconded by Commissioner Puryear, and carried with 4/1 vote to approve the changes as presented in the fire protection district boundaries. Commissioner Kennington cast the dissenting vote. MAYO PARK ENVIRONMENTAL EDUCATION & COMMUNITY CENTER AND TWO RESTROOMS BUILDING CONSTRUCTION CONTRACT AWARD Recreation Director, Mitch Pergerson reported to the Board that ten construction firms submitted bids for the project at Mayo Park to build the Mayo Park Environmental Education & Community Center plus the two restrooms. Mr. Pergerson requested Board approval for the contract to be award to the low bidder, Incline Construction, Inc. Mr. Pergerson stated this project has been in the works for 20 years and the total contract amount is $497,222.00 with funds budgeted in the current year budget. A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, and carried to award the construction contract for the Mayo Park Environmental Education & Community Center plus two restrooms to the low bidder, Incline Construction, Inc. in the amount of $497,222.00 March 23, 2009 7 March 23, 2009 8 March 23, 2009 9 March 23, 2009 10 CONSIDERATION OF CONTRACT FOR TAXIWAY LIGHTING REPAIR Public Works Director, David Rogers requested Board approval to enter into a contract for taxiway lighting repair at the Person County Airport. Mr. Rogers stated the taxiway lighting is over 20 years old, and many of the lights are presently not working. Mr. Rogers noted that Talbert and Bright reviewed the bids received for this project and recommended contract award to the low bidder, Barnes & Powell. Mr. Rogers confirmed the total project is $279,944 including all the administration and engineering fees. Funding for this project will be through grants already in place with 90% federally and state funded and 10% locally funded. Person County’s match to fund this project is $27,994. A motion was made by Commissioner Kennington, seconded by Commissioner Puryear, and carried to approve awarding a contract for taxiway lighting repair at the Person County Airport to Barnes & Powell in the amount of $279,944. March 23, 2009 11 March 23, 2009 12 BOARD AND COMMITTEE APPOINTMENTS Clerk to the Board, Brenda Reaves presented the Board with applications received from Person County citizens for boards and committee vacancies as advertised in The Courier Times on February 7, 2009. Mrs. Reaves stated the boards and committees vacancies that do not have any applications for consideration will be re-advertised. Animal Control Advisory Committee Unspecified Term: 2 Citizen At Large Positions Available 1) Lawrence Michael Barnes 2) Cathy Williams The Board voted unanimously to appoint Lawrence Michael Barnes to the Animal Control Advisory Committee. Cathy Williams was not appointed to the Animal Control Advisory Committee. Commissioners Puryear and Kennington voted in favor of the appointment. Commissioners Lunsford, Clayton and Jeffers voted no. Industrial Facilities and Pollution Control Financing Authority 1 position to fill an unexpired term 6/30/2013 1) Gerry O’Neil The Board voted unanimously to appoint Gerry O’Neil to fill the unexpired term to June 30, 2013 on the Industrial Facilities and Pollution Control Financing Authority. Juvenile Crime Prevention Council OPC Area Mental Health requested by application of Corlis Green re-designation of the mental health representative on JCPC. Ms. Green is an OPC employee designated as the Person County School Care Coordinator and would fill the slot previously held by Todd Posey, who has left his employment through the OPC Provider, Caring Family Network. The mental health slot current term expires December 31, 2009. The Board voted unanimously to appoint Corlis Green to serve as the OPC Mental Health designee on the Juvenile Crime Prevention Council fulfilling the current term expiring December 31, 2009. Roxboro/Person County Human Relations Commission 3-Year Term; 1 position available 1) Minister Steve Carver The Board voted unanimously to appoint Minster Steve Carver to the Roxboro/Person County Human Relations Commission for a 3 year term. March 23, 2009 13 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 23rd day of March 2009, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund Debt Service 399,142 Culture and Recreation 5,850 Human Services 56,141 Transfers 319,142 REVENUES General Fund Intergovernmental Revenues 381,133 Fund Balance Appropriation 80,000 Transfers 319,142 Appropriate: DSS program adjustments ($56,141); remaining funds from the Public School Capital Building ADM Fund for the payment of school debt service ($319,142); ADM hold harmless funds from the reduction of medicaid expenditures ($80,000); and computer grant funds received from the Gates Foundation and administered by the Hyconeechee Regional Library for the Public Library ($5,850). CHAIRMAN’S REPORT: Commissioner Lunsford had nothing to report. MANAGER’S REPORT: There was no report from the County Manager. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington stated he would like to review the structure and process of the County’s Board and Committees. Commissioner Clayton spoke about the State proposed budget and the effect it has on the Person County budget. Commissioner Clayton mentioned the department heads from the State level that spoke to the National Association of Counties Conference in Washington promoting ways to stimulate the economy. Commissioner Clayton commented on the success of a drug card program Person County learned about through March 23, 2009 14 a National Association of Counties Conference in 2007. The drug card is for people that don’t have insurance for prescription drugs. Person County savings realized in the past two years, one month period is $80,575. These prescription cards are available at no cost at the Health Department, Department of Social Services and local doctor’s offices. Commissioner Clayton commended the Fire Marshal for his proactive effort for getting a grant. Commissioner Jeffers commended the Person County IT Department for relaying information to the public. Commissioner Lunsford explained to the students in the audience the structure of county government, the roles and responsibilities of being a county commissioner. The Board members, County Manager, County Attorney, Clerk to the Board, Assistant County Manager and a few department heads introduced themselves and welcomed the students and asked them to get involved with the community. CLOSED SESSION A motion was made by Commissioner Puryear, seconded by Commissioner Kennington, and carried to go into closed session per General Statute 143-318.11(a)(4) to discuss matters relating to the location or expansion of industries or other businesses in the county, as well as discuss a personnel issue per General Statue 143.318.11(a)(6) at 10:20 a.m. Closed session will be held in the Commissioner’s Meeting Room 215 at the Person County Office Building at 10:45 a.m. The Board of Commissioners meeting will recess until 10:45 a.m. to allow time to travel from the FEMA Shelter Room to the County Office Building. A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear, and carried to return to open session at 11:39 a.m. ADJOURNMENT: A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, and carried to adjourn the meeting at 11:40 a.m. _____________________________ ______________________________ Brenda B. Reaves Johnny Myrl Lunsford Clerk to the Board Chairman March 23, 2009 15