October 5
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 5, 2009 MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford Heidi York, County Manager
Jimmy B. Clayton C. Ronald Aycock, County Attorney Kyle W. Puryear - ABSENT 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, October 5, 2009 at 7:00 p.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. Commissioner Puryear was absent.
RURAL OPERATING ASSISTANCE PROGRAM (ROAP) FOR FISCAL YEAR 2009-10 PUBLIC HEARING:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton and carried to open the Public Hearing designated for the Fiscal Year 2009-10 Rural Operating Assistance Program.
Gerald Lunsford, Director of the Person Area Transportation System, stated the
ROAP funding approved by the Board on August 3, 2009 represented the regular state
allocation funding. Mr. Lunsford noted this public hearing is being held to include supplemental funding from the state for ROAP funding. Mr. Lunsford explained his
program is requesting supplemental funding from the state so the application has to be
resubmitted to the North Carolina Department of Transportation. The programs included
in the Rural Operating Assistance Program application are:
1. Elderly & Disabled Transportation Assistance Program (EDTAP) provides
operating assistance for the transportation of elderly and disabled citizens.
This transportation assistance allows for the individual to reside for longer
periods in their homes, thereby enhancing their quality of life. For the
purpose of EDTAP, an elderly person is defined as one who reaches the ago of 60 or more years. A disabled person is defined as one who has a
physical or mental impairment that substantially limits one or more major
life activity, an individual who has a record of such impairment, or an
individual who is regarding as having such impairment
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2. Employment Transportation Assistance Program is intended to provide
operating assistance for transitional Work First, Workforce Development
Programs and general public employment transportation needs.
3. Rural General Public (RGP) Program funds are intended to provide
transportation service to individuals who are not human service agency
clients and live in non-urbanized areas.
The period of performance for Rural Operating Assistance Program funds is July 1, 2009 through June 30, 2010. The Fiscal Year ROAP individual programs totals are:
Program
Agency
Allocation
Approved by
Board on August 3, 2009
Program Total as Approved by Board
on August 3, 2009
Supplemental
Allocation Approved by
Board on October 5, 2009
EDTAP Person County Council on
Aging
$19,733 11,414
Person County Group Homes $13,004
Person Industries $13,404 15,000
Total EDTAP $46,141
EMPL Person County Department of
Social Services
$7,700 9,555
Total EMPL $7,700
RGP Person Area Transportation System $42,174 37,088
Total EMPL $42,174
$96,015
$73,057
Anticipated
State Allocation
$169,072
Mr. Lunsford anticipates the State appropriation to be $169,072 which includes $96,015 for the regular funding allocation and $73,057 of supplemental funding. Mr.
Lunsford requested Board approval of the agency allocations as well as the Certified
Statement as presented.
No one from the public spoke in favor or against the Fiscal Year 2009-10 Rural Operating Assistance Program.
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A motion was made by Commissioner Kennington, seconded by Commissioner
Clayton and carried to close the Public Hearing designated for the Fiscal Year 2009-10
Rural Operating Assistance Program.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Kennington and carried to approve the Rural Operating Assistance Program Application
for Fiscal Year 2009-10 and the individual programs allocations and Certified Statement
as presented.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Clayton, seconded by Commissioner Jeffers and carried to add an item to the agenda to discuss a Request to Increase the size
of the Transportation Advisory Board governing PATS for up to 17 members per FTA
regulations to be in compliance for funding.
A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton 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 September 21, 2009 and September 23,
2009.
ADMINISTRATIVE REPORTS: A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to approve the Administrative Reports for the Airport, Tax
Administration & Collections.
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RESOLUTION OF APPRECIATION:
Chairman Lunsford read the Resolution of Appreciation recognizing Person
County retiree, Delores B. Carver.
RESOLUTION OF APPRECIATION
WHEREAS, Delores B. Carver has served the people of Person County in many
capacities during her tenure working for Person County, most
notably known as the Assistant Register of Deeds; and
WHEREAS, Delores B. Carver has served the citizens of Person County with
honor, integrity, sincerity and dedication, providing accurate,
concise services for thirty-three years, February, 1976 – September,
2009; and
WHEREAS, Delores B. Carver has earned the respect and admiration of all who
have known her and worked with her throughout her career; and
WHEREAS, the County of Person recognizes the many contributions Delores B.
Carver has made to the County and offers her sincere best wishes
for her retirement.
NOW, THEREFORE, I, Johnny Myrl Lunsford, Chairman of the Person County Board of
Commissioners, do hereby extend this Resolution of Appreciation to Delores B. Carver for
continually striving to make Roxboro and Person County a better place to live and work.
Adopted this the 5th day of October, 2009.
(signed)
_________________________________
Johnny Myrl Lunsford, Chairman
Person County Board of Commissioners
Attest:
(signed)
_______________________
Brenda B. Reaves
Clerk to the Board
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PERSON COUNTY JUVENILE CRIME PREVENTION COUNCIL 2009-2010 FISCAL YEAR FUNDING RECOMMENDATIONS:
Judge Mark Galloway, a member of the Person County Juvenile Crime Prevention
Council (JCPC), on behalf of Kristy Melvin, Chairperson of JCPC, appeared before the Board to requested approval of the 2009-2010 Fiscal Year Funding Recommendations.
At the Board of County Commissioner’s meeting held on June 15, 2009, Board
action approved the following JCPC funding allotments totaling $120,619. JCPC’s usual
state annual allocation is $129,698 but JCPC anticipated a 7% cut by the state which equated to $9,079.
JCPC State Funding Allocations Allotments as approved on June 15, 2009 by the Board of County Commissioners
4-H YES:
Teen Court, Community Service & Restitution,
Guided Growth & Psychological services
$119,119
Roots & Wings Parenting Program $0
Administrative Funds for JCPC $1,500
Total State Allocation $120,619
The State of North Carolina passed the state budget that included no cuts to the
JCPC funding; however, two days later Governor Purdue issued an executive order to cut
5% to all JCPC allocations. As noted above a 7% cut was anticipated and unallocated in June, 2009 thereby sustaining the 5% cut instituted by the Governor and leaving a
remaining balance in the amount of $2,594 for JCPC to allocate toward needed
programming. Mr. Galloway spoke of the JCPC needs assessment committee supporting
a properly designed parenting class, cognitive based that teaches parents to think of
alternate ways to resolve problems. JCPC voted to allocate $2,594 to Roots & Wings Parenting Program with an additional request that the Person County Commissioners
reallocate from the 4-H YES Program or provide through county funding an additional
$3,500 to the Roots & Wings Parenting Program in order to support the current service
gap. JCPC recommended funding Roots & Wings Program a total of $6094. Judge
Galloway confirmed that Roots & Wings are trained in Denver for a national curriculum.
Commissioner Jeffers inquired about available funds in the County Undesignated
Contingency Fund. The County Manager stated there is $43,000 in the County
Undesignated Contingency Fund currently.
Commissioner Kennington inquired about the age group of the juvenile
population. Judge Galloway responded that adjudicated juveniles would be 16 or
younger and are supervised until age 18.
Commissioner Lunsford spoke in support of the parenting program.
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A motion was made by Commissioner Jeffers, seconded by Commissioner
Kennington, and carried to approve JCPC allocation of $2,594 to Roots & Wings
Parenting Program with an additional allocation of $3,500 to be funded from the County Undesignated Contingency Fund for a total funding of $6,094 as recommended
by the JCPC.
PERSON COUNTY PUBLIC SAFETY FIRE NEEDS ASSESSMENT STUDY: Fire Marshal, John Gentry stated the fire needs study was commissioned in Fiscal
Year 2008-09 with a purpose to improve County fire services with a goal to lower the
ISO ratings across the County within a five year period. Mr. Gentry introduced Mr.
Robert Swiger and Mr. James Smith of R & I Consultants, Inc. Mr. Swiger gave the following Fire Needs Assessment Study presentation to the Board.
Mr. Swiger told the Board that the Person County Public Safety Fire Needs
Assessment Study should be utilized as a budgetary planning tool for future needs.
Commissioner Kennington clarified the report was based on 1710 standards based
on having a least one paid staff versus based on 1720 standards which is based on non-
paid staff/volunteers. Commissioner Kennington stated the report was not applicable to
Person County because we have volunteer fire departments, further noting, legally 1710
standards would supersede 1720 standards. Mr. Swiger stated the 1710 standards were used to reference response time.
Chairman Lunsford thanked Mr. Swiger for the information presented to the
Board.
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FUNDING RELATED TO THE CONTRACT BETWEEN PERSON COUNTY AND THE CITY OF ROXBORO FOR COUNTY FIRE PROTECTION
SERVICES:
Heidi York told the Board that in September 1999, Person County entered into a contract with the City of Roxboro for the provision of fire protection services outside the
city limits in the area known as the Roxboro Township, as well as defined services within
the County but outside of the City of Roxboro Fire Department’s service area. The term
of the Agreement was for a period of five years, which ended August 31, 2004.
According to the contract, either party may terminate the agreement with a two year notice and adopted resolution. In the absence of such notice of termination, the
agreement automatically renews on an annual basis. The agreement was set to renew for
an additional one year on September 1, 2009; however the Managers agreed to
renegotiate the contract. Ms. York stated the need for renegotiation was based on the 5%
reduction in funding the County made this fiscal year to the City of Roxboro. The County reduced funding for this service by 5% to be consistent with all other budgetary
decisions. This reduction resulted in a decrease of revenue for the City of Roxboro by
$17,678; the current amount funded by the County is $335,882 (including the 5%
reduction; $353,560 without the reduction). The City Manager informed the County
Manager that until the County restores the full funding amount to be compliant with the contract, the City of Roxboro will not renegotiate the contract. Ms. York stated once this
action takes place, both managers will proceed with the renegotiation of the contract
noting both managers agree a ten-year contract that has not been reviewed certainly needs
to be reviewed. Ms. York requested Board consideration to restore the 5% funding to the
City of Roxboro.
The County Manager told the Board the City of Roxboro has not proposed
alternative dates to reschedule the joint session that was cancelled by the City.
Commissioner Clayton suggested deferring action related to funding associated with the contract until after the joint session meeting takes place.
Commissioner Kennington requested the County Attorney’s interpretation on this
issue. The County Attorney stated, in his opinion, the action by the County by reducing
the City of Roxboro’s allocation by 5% was probably not an amendment to the contract; however, the County Attorney stated there was in effect an agreement to modify by the
manager’s action on behalf of each board. The contract is written that by amending or
modifying is by the consent of both City and County managers suggesting a mutual
agreement to which must be evidenced by a resolution by City Council and the Board of
Commissioners. The County Attorney stated the two- year notice had not been given to terminate the contract by either party.
It was the consensus of the Board to direct the County Manager to talk with the
City Manager to schedule a joint meeting with the City and County.
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LOCATION OF A PERSON AREA TRANSPORTATION SYSTEM VEHICLE
PARKING LOT FUNDED WITH THE AMERICAN RECOVERY &
REINVESTMENT ACT STIMULUS FUNDS Gerald Lunsford, Director of the Person Area Transportation System (PATS),
reminded the Board of the funding award of American Recovery and Reinvestment Act
of 2009 funds for a project that includes a parking lot, preventive maintenance for the
entire fleet and a new replacement vehicle. The proposed site for this project was the
county-owned house next to the Administration Building however, at the request of Commissioners, alternative sites have been explored and the old Person Counseling
Building located at 204 W. Barden Street is the new recommended site. The stimulus
funds will be used to demolish the old Person Counseling building, remove debris,
pavement and trees as needed. The new parking lot for PATS vehicles will include
fencing, cameras, lighting and an electric gate. Mr. Lunsford requested Board approval of the new site as well as authorization to move forward with the project.
Mr. Lunsford stated approximately an acre would be needed for this project.
Chairman Lunsford inquired about the old bus garage site located on Winhaven Street.
The County Manager informed the Board that Person County Schools owns the property at the old bus garage. The Board discussed the possibility of requesting Person County
Schools to declare one acre at the old bus garage site surplus for the county to have first
right to purchase for this project. Commissioner Jeffers stated his support of using the
county-owned house next to the Administrative Building for this project. Chairman
Lunsford stated his preference for the new parking lot be located at the old bus garage site and recommended to pursue this option first.
A motion was made by Commissioner Clayton, seconded by Commissioner
Kennington, and carried to direct the County Manager to issue a request to the Board of
Education to declare one acre of the site known as the old school bus garage located on Winhaven Street surplus to allow the county the right to purchase for the new parking lot
for the PATS vehicles that will be funded with the American Recovery & Reinvestment
Act Stimulus funds.
REQUEST TO INCREASE THE SIZE OF THE TRANSPORTATION ADVISORY BOARD GOVERNING PATS FOR UP TO 17 MEMBERS PER FTA
REGULATIONS TO BE IN COMPLIANCE FOR FUNDING:
Gerald Lunsford, Director of the Person Area Transportation System (PATS) stated the Department of Transportation (DOT) was audited by the FTA for compliance
of all transit providers in the state. The DOT has looked at the transit systems in the state
and their number of board members; PATS in accordance to the board requirement
number is non-compliant at this time. In order to be compliant the Person Area
Transportation Advisory Board needs additional membership slots according to the categories on the below excerpt from the FY2010 application overview.
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Mr. Lunsford confirmed to the Board of the requirement to have, at minimum,
quarterly meetings.
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A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to approve the request to increase the size of the Transportation
Advisory Board governing PATS for up to 17 members per FTA regulations.
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 5th day of October 2009, as follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 150,199
Public Buildings & Grounds 8,071
Public Safety 40,725
Transportation 17,049
Human Services 15,464
Environmental Protection 1,486
Economic & Physical Development 4,689
Cultural & Recreational 6,408
Debt Service (98,676)
Contingency-Insurance (247,302)
Transfers 993,149
Person Industries & MRF Special Revenue Fund 104,015
Reappraisal Special Revenue Fund 1,181
REVENUES General Fund
Intergovernmental Revenues (10,593)
Fund Balance Appropriated 981,117
Other Revenues 902
Transfers (80,164)
Person Industries & MRF Special Revenue Fund
Intergovernmental Revenues 15,000
Transfer from General Fund 91,015
Charge for Services (2,000)
Reappraisal Special Revenue Fund
Transfer from General Fund 1181
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Airport Capital Project Fund
Local Match-47.9.1 2008 Vision 100 (13,285)
Interest Earnings-Local-47.9.1 2008 Vision 100 13,285
PCC Tech Ed Building/Courthouse Renovation Capital
Project Fund
Debt Financing Proceeds (981,117)
Transfer from General Fund 981,117
Appropriate: Contingency-Insurance to various departments in the General Fund, Person
Industries/MRF Fund, and Reappraisal Fund for insurance charges ($-247,302); moving the
White Goods Disposal Tax from the General Fund to the Person Industries/MRF Department (-$13,000); re-allocation of revenues in PI/MRF Fund to match the appropriation for the White
Goods Disposal Tax ($2,000); moving debt payment from General Fund to PI/MRF Fund for
payment of Equipment Lease Loan ($-98,676); transferring personnel costs from Veterans Services to EDC for filled position ($2,458); restating local funds from 2008 Vision 100 airport
grant from FY 08 to interest earnings ($13,285); fund balance appropriation for PCC Technical Education Building and Courthouse Renovation Capital Project to fund expenditures until a borrowing takes place ($981,117); insurance claim received for equipment damage at the
Airport ($902); and a State grant adjustment for the Public Library ($2,407).
CHAIRMAN’S REPORT:
Commissioner Lunsford stated regret of the recent announcement of the Roxboro Loxcreen plant closing thereby adding to the unemployment rate.
Commissioner Lunsford thanked the Board members for attending the joint
meeting with the Board of Education and for working in the direction that the budget
information will be submitted to the School Board earlier to aid in the budget preparation by both boards.
Commissioner Lunsford thanked those who attended the recent Kerr Tar Council
of Government (COG) Banquet. Commissioners Lunsford, Jeffers and Kennington
congratulated Commissioner Clayton for receiving the award for the Outstanding County Commissioner of the Year and also for his service to the COG Board serving as its Chairman for the past year.
MANAGER’S REPORT: County Manager, Heidi York told the Board that Mr. Jim Stovall requested the meeting scheduled for October 20, 2009 at 6:30 p.m. for the purposes of discussing
economic development updates be rescheduled. The Board agreed to reschedule the
meeting for October 26, 2009 at 6:30 p.m. The meeting will be held in the
Commissioner’s meeting room 215.
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COMMISSIONER REPORT/COMMENTS:
Commissioner Clayton thanked the Board for their comments and stated he
enjoyed his service as Chairman of the COG Board noting the benefit Person County receives from the Kerr Tar grant funds.
Commissioner Jeffers thanked Chairman Lunsford for attending the lunch the
Senior Center sponsored with him.
Commissioner Jeffers stated he visited North End Elementary recently during
their study of local government.
Commissioner Kennington updated the Board on the Strategic Planning process
noting Paul Murray will begin working on moving this project forward. Commissioner Kennington stated the formulation of the committees is progressing well.
Commissioner Kennington thanked the County Manager and the School
Superintendent for their efforts to facilitate both boards meeting jointly and
recommended meeting again prior to the April 1, 2010 date scheduled.
ADJOURNMENT:
A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, and carried to adjourn the meeting at 8:35p.m.
_____________________________ ______________________________
Brenda B. Reaves Johnny Myrl Lunsford Clerk to the Board Chairman