September 15PERSON COUNTY BOARD OF COMMISSIONERS September 15, 2008
MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford, Chairman Heidi N. York, County Manager
Jimmy B. Clayton, Vice-Chairman C. Ronald Aycock, County Attorney
Kyle W. Puryear Faye T. Fuller, Clerk to the Board
Larry H. Bowes Brenda B. Reaves, Deputy Clerk to the Board
Larry E. Yarborough, Jr.
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The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, September 15, 2008 at 9:00 a.m. in the Commissioners’
meeting room in the Person County Office Building.
Chairman Lunsford called the meeting to order. Commissioner Clayton led in
prayer and Commissioner Bowes led the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Commissioner Puryear requested that discussion of the waterline extension to the
Halifax Road/Virgilina Road area be added to the agenda.
County Manager York requested that a Closed Session be added to the agenda in
order to review her Work Plan.
A motion was made by Commissioner Bowes, seconded by Commissioner
Puryear and carried to approve the adjusted agenda.
INFORMAL COMMENTS:
Ken Hill – Mann Oakley Road – SWAC- Chairman- Introduced Mr. Greg Duhan,
Manager, Upper Piedmont Environmental, as a new member of the Solid Waste Advisory
Committee.
APPROVAL OF MINUTES:
A motion was made by Commissioner Puryear, seconded by Commissioner
Bowes, and carried to approve the minutes of the September 2, 2008 meeting.
ADMINISTRATIVE REPORTS:
A motion was made by Commissioner Clayton, seconded by Commissioner
Bowes, and carried to accept the following Administrative Reports: Airport, E-911,
Emergency Medical Services and Inspections.
September 15, 2008 1
CONSIDERATION OF THE AMBULANCE FRANCHISE ORDINANCE:
County Manager York presented the revised Ambulance Franchise Ordinance for
Board consideration. She reviewed the changes, which she explained were highlighted
for clarification. She told the Board that all parties involved were in agreement with the
final document.
A motion was made by Commissioner Puryear, seconded by Commissioner
Clayton and carried to approve the Person County Ambulance Franchise Ordinance as
revised.
PERSON COUNTY
AMBULANCE FRANCHISE ORDINANCE
WHEREAS, North Carolina General Statute Section 153A-250 provides
that a county may by ordinance franchise ambulance services provided in the
county to the public at large; and
WHEREAS, said General Statute requires the holding of a public hearing
after publication of notice of the hearing; and
WHEREAS, this board has held the required public hearing after proper
notice was published in the Courier Times, a newspaper of general circulation
serving Person County, on July 9 and July 19, 2008. (Copy of notice Attached as
Exhibit A); and
WHEREAS, this board finds it necessary to assure the provision of
adequate and continuing ambulance service and to preserve, protect, and
promote the public health, safety, and welfare of the citizens of Person County to
enact this Ordinance which shall be known as “Person County Ambulance
Franchise Ordinance”.
NOW THEREFORE, be it ordained as follows:
SECTION I. Franchise Required
1.1 No person either as owner, agent or otherwise, shall furnish,
operate, conduct, maintain, advertise or otherwise be engaged in or
profess to be engaged in the business or service of emergency
and/or non emergency transportation of patients within the
September 15, 2008 2
geographic boundaries of Person County unless the person holds a
valid permit for each ambulance used in such business or service
issued by the North Carolina Department of Health and Human
Services, Division of Health Service Regulation, Office of
Emergency Medical Services and has been granted a franchise for
the operation of such business or service by the County pursuant to
this Ordinance.
1.2 No person shall drive, attend, or permit a vehicle to be operated for
ambulance purposes within the County of Person unless he or she
holds a currently valid credential as an emergency medical
technician (Basic, Intermediate or paramedic) issued by NC OEMS.
1.3 No franchise shall be required for:
(A) Any entity rendering assistance to Person County
Emergency Services or a franchised ambulance service in
the case of a major catastrophe or emergency when existing
ambulance services are insufficient to provide necessary
services; or,
(B) Any entity operated from a location or headquarters outside
of Person County in order to transport patients who are
picked up beyond the limits of Person County, but no such
entity shall be used to pick up patients within Person County
for transportation to locations within Person County or other
locations unless it is rendering assistance as referred to in
1.3 (A) above; or,
(C) Law Enforcement Personnel; or
September 15, 2008 3
(D) The operation of the Person County owned ambulance
service.
SECTION II. Application for Franchise
2.1 Application for a franchise to operate ambulances in the County
shall be made upon such forms as may be prepared or prescribed
by the County and shall contain:
(A) The name and address of the applicant and of the owner of
the ambulances. If the owner is a corporation, a certified
copy of the articles of incorporation shall be included with the
application.
(B) The trade or other fictitious names, if any, under which the
applicant does business, along with a certified copy of an
assumed name certificate stating such name or articles of
incorporation stating such name.
(C) A resume of the training and experience of the applicant, its
agents and employees in the transportation and care of
patients.
(D) A description (make, type, year of manufacture, and serial
number) of each ambulance owned and operated by the
applicant and an inventory of equipment to be carried on
each ambulance that will guarantee certification as such per
current NC OEMS rules and regulations. If an ambulance(s)
to be used in the provision of the proposed franchised
service is not owned by the applicant at the time of the
submission of the application, a full description of such
September 15, 2008 4
ambulance(s) shall be provided including all information
required above except for a specific serial number. A
franchise may not be granted until such ambulance is
acquired by the applicant, but a certification may be issued
that all conditions for the franchise have been met except for
the ownership of the ambulance.
(E) The location and description of the place or places of
business from which the applicant intends to operate.
(F) An audited financial statement of the applicant in such form
and in such detail as may be required by the County.
(G) A description of the applicant’s capability to provide twenty-
four (24) hour coverage, seven days per week for the district
covered by the franchise applied for, and an accurate
estimate of the minimum and maximum times for a response
to calls within such district.
(H) The criminal record, if any, of the applicant; provided that if
applicant is a corporation, the criminal record, if any, of the
officers, directors and supervising employees thereof,
including general manager or director.
(I) Any information that the County shall deem reasonably
necessary for a fair determination of the capability of the
applicant to provide ambulance service in the County in
accordance with the requirements of State laws and the
provisions of this ordinance.
September 15, 2008 5
(J) The geographic portion of the County that the applicant
desires to operate within.
2.2 An applicant may make application for a franchise to operate either
advanced life support or basic life support transportation service.
The applicant must specify which level of transportation service
they are applying for.
SECTION III. Granting of Franchise
3.1 Upon receipt of an application for a franchise, the County shall
schedule a time and place for hearing the applicant. Within thirty
days after hearing, the County shall cause such an investigation as
it may deem necessary to be made of the applicant and his
proposed operations.
3.2 A franchise may be granted if the County finds that:
(A) The public convenience and necessity require the proposed
ambulance service. In determining whether the public
convenience and necessity require the proposed ambulance
service, the Board will consider and investigate the
statements made in the application, the adequacy of the
existing ambulance service, the financial responsibility,
experience, and character of the applicant, and the ability of
the existing ambulance providers to provide any necessary
additional services, and other factors pertinent to such
determination.
September 15, 2008 6
(B) Each ambulance of the applicant, the required equipment
and the premises designated in the application, have been
either certified by the County and or the State of North
Carolina or are eligible for such certification per current NC
OEMS rules and regulations.
(C) Only duly credentialed Emergency Medical Technicians are
employed in such capacities.
SECTION IV. Term of Franchise
4.1 The County may issue a franchise to an owner of an ambulance
service, to be valid for a term not to exceed five years. However, a
franchise once granted may be extended for additional five year
terms upon written application and documentation establishing that
the franchisee is in full compliance with all Person County and NC
OEMS rules and regulations and that valid permits have been
issued by NC OEMS for each ambulance being operated and that a
current provider license has been issued to the franchisee by NC
OEMS.
4.2 No franchise granted may be sold, assigned or transferred to or in
any way vest in any person other than the applicant to whom the
franchise is granted. Provided however, a sale, assignment or
transfer of an ambulance service to a relative or to a business entity
where all of the ownership interests are owned by relatives of the
applicant shall not be considered a sale, assignment or transfer
under this ordinance and shall not result in a termination of the
franchise.
September 15, 2008 7
SECTION V. Standards for Ambulance Franchise
5.1 Each franchised ambulance service shall comply at all times with
the requirements of this Ordinance, the franchise granted
hereunder, all applicable State and Local Laws relating to health,
sanitation, safety, equipment, and ambulance design, the current
Person County EMS System Plan and all other laws and
ordinances.
5.2 Any change of ownership of a franchised ambulance service
without the approval of the County shall terminate the franchise and
shall require a new application and a new franchise and
conformance with all the requirements of this Ordinance as upon
original franchise issuance. Provided however a change in
ownership resulting in the acquisition of an ownership interest by a
relative of the applicant or a business entity where all of the
ownership interests are owned by a relative of the applicant shall
not be considered a change of ownership under this ordinance.
SECTION VI. Standards for Drivers, Attendants, Vehicles and
Equipment
6.1 Standards for drivers, attendants, vehicles and equipment as
developed and adopted by the North Carolina Medical Care
Commission and enforced by NC OEMS in accordance with
Chapter 131E, Article 7 and Chapter 143, Article 56 of the North
Carolina General Statutes and Chapter 10A of the North Carolina
Administrative Code, Subchapter 13P are incorporated herein as
part of this Ordinance. All drivers, attendants, vehicles and
equipment shall meet the specifications and qualifications of the
above mentioned rules, regulations and standards.
September 15, 2008 8
6.2 It shall be the responsibility of the franchisee to ensure that the
provisions of this section are observed as required.
6.3 Proof of compliance with this section shall be made available to the
Director of Person County Emergency Services on an annual basis.
SECTION VII. Standards for Communications
7.1 Each ambulance must be equipped with a mobile two-way VHF
radio which must be in operative condition at all times. The radio
must have a minimum of 25 watts operating power and four
channels that are programmable to the following frequencies:
Statewide EMS, Person Memorial Hospital, Person County EMS
primary dispatch and an internal operational frequency capable of
dispatching their units. Other frequencies as needed are
acceptable but not required by franchise.
7.2 Each ambulance service shall provide the County a copy of the
Federal Communications Commission License authorizing the use
of the communication equipment owned and operated by that
service.
7.3 Each base of operations must have at least one open telephone
line. Telephone numbers must be available to Person County
Emergency Services, and Person County Communications.
SECTION VIII. Insurance
8.1 No ambulance franchise shall be issued under this Ordinance, nor
shall such franchise be valid after issuance, nor shall any
ambulance be operated in the County unless there is at all times in
September 15, 2008 9
force and effect insurance coverage, issued by an insurance
company licensed to do business in the State of North Carolina, for
each and every ambulance owned and/or operated by or for the
ambulance service providing for the payment of damages:
(A) In the sum of $ 1,000,000 for injury to or death of individuals
in accidents resulting from any cause for which the owner of
said vehicle would be liable on account of liability imposed
on him by law, regardless of whether the ambulance was
being driven by the owner or his agent and,
(B) In the sum of $ 1,000,000 for the loss of or damage to the
property of another, including personal property.
8.2 Proof of insurance coverage shall be made available to the Director
of Person County Emergency Services on an annual basis.
SECTION IX. Rates and Charges
9.1 Person County shall, in accordance with North Carolina General
Statute Section 153A-250(a)(6) establish and from time to time
revise a schedule of rates, fees, and charges that may be charged
by franchised operators. Such rates, fees and charges shall be
applicable to and uniform for all providers public, private and non-
profit.
9.2 Person County has the right to audit the financial records of each
franchised operator for charges for patient services.
SECTION X. Violations
10.1 In the event of a violation of any section of this Ordinance or of any
term or condition of a franchise issued hereunder, the violator may
September 15, 2008 10
be assessed a civil penalty by the County Manager in the amount
of five hundred dollars for each violation. Each day that a violation
continues shall be deemed a separate violation. A violator shall be
entitled to a hearing before the County Manager on the assessment
of any penalty. Any civil penalty may be recovered in the nature of
a debt if the violator does not pay the penalty within ten days after
being notified of a hearing decision. If the civil penalty is not paid
within the ten days as provided for above, the County may suspend
or revoke the franchise.
10.2 As provided in North Carolina General Statute 153A-123, Person
County may seek an injunction, abatement order or any other
appropriate remedy to insure compliance with this Ordinance.
10.3 Nothing herein shall prevent Person County from proceeding in a
criminal action against any person, firm or corporation for violating
any provision of this Ordinance or any term or condition of a
franchise granted hereunder as provided in North Carolina General
Statute 14.4.
10.4 Upon suspension, revocation, or termination of a franchise granted
hereunder, such franchised ambulance service immediately shall
cease operations. Upon suspension, revocation, or termination of a
driver’s license or emergency medical technician credential such
person shall cease to drive an ambulance or provide medical care
in conjunction with an ambulance service, or attend and ambulance
and no person shall employ or permit such individual to drive an
ambulance or provide medical care in conjunction with an
ambulance service.
September 15, 2008 11
SECTION XI. Enforcement
11.1 The Director of Emergency Services for Person County or his
designee shall be the agent for the county for purposes of making
inspections of drivers, attendants, vehicles and equipment; to aid
the board of commissioners in determining compliance with this
ordinance; and of investigations into alleged violations of the
articles of this ordinance.
11.2 Person County Emergency Services shall be the enforcing agency
for the regulations contained in this Ordinance. Such office will:
(A) Receive all franchise proposals from potential providers.
(B) Study each proposal for conformance to this Ordinance.
(C) Make recommendations to the Board of Commissioners
concerning the award or non award of the franchise.
(D) Inspect the premises, vehicles, equipment, and personnel of
franchisees to assure compliance to this Ordinance and to
perform any other inspections that may be required.
(E) Recommend temporary or permanent suspension of a
franchise in the event of noncompliance with the franchise
terms of this Ordinance to the County Manager. Appeal
from final decisions of the County Manager shall be to the
Board of Commissioners. Appeal to the Board of County
Commissioners must be filed with the Clerk to the Board
within seven days of the Manager’s final decision.
September 15, 2008 12
(F) Recommend to the County Manager the imposition of
misdemeanor or civil penalties as provided herein or
recommend such other courses of action as may be
warranted by the violation or infraction, provided however
the appeal processes to the Board of County Commissioners
set out in section X shall apply.
(G) Receive complaints from the public, other enforcing
agencies, and ambulance services regarding franchise
infractions.
SECTION XII. Territorial Jurisdiction
12.1 The provisions of this Ordinance shall apply to all areas within the
geographic confines of Person County including areas within a city
unless the city area has been excluded by the County or a city
pursuant to GS153A-250(c).
SECTION XIII. Miscellaneous
13.1 The County may inspect a franchisee’s records, premises and
equipment at any time during normal daytime business hours after
reasonable notice to the franchisee, in order to insure compliance
with this Ordinance and any franchise granted hereunder. Nothing
contained in this ordinance shall authorize violation of any valid
Federal or State law or regulation.
13.2 The franchisee shall report the number of calls and runs during the
month by the 10th day of the following month to the director of
Emergency Services. The report shall be in writing and shall
contain the following at a minimum:
September 15, 2008 13
(A) the number of emergency calls for the month
(B) the number of routine calls for the month
(C) the total number of calls for the month including calls that
otherwise do not meet criteria above
(D) transports by destinations: (PMH, nursing home, residence
or out of county facility)
(E) delays in calls for service: (number of delays, average
delay time, reason for delay)
SECTION XIV. Definitions
14.1 “Advanced Life Support” means the assessment, intervention and
or transport of a patient performed by an ALS crew as part of a
response that was necessary because the patient’s reported
condition at the time of dispatch was such that only an ALS crew
was qualified to perform the assessment and or perform an
intervention or procedure that is in accordance with state and local
laws, required to be done by an Intermediate or Paramedic.
14.2 “Ambulance” means any privately or publicly owned motor vehicle,
aircraft or vessel that is especially designed, constructed or
modified and equipped and is intended to be used for and is
maintained or operated for the transportation on the streets or
highways, waterways, or airways of this State of persons who are
sick, injured, wounded, or otherwise incapacitated or helpless.
14.3 “Basic Life Support” means the provision of BLS service with
medically necessary supplies and services, including ambulance
transport by personnel qualified in accordance with State and local
laws at the level of an EMT-Basic.
September 15, 2008 14
14.4 “Breach” means the violation of or failure to comply with a provision
of this ordinance.
14.5 “Business Entity” means a corporation, a general partnership, a
limited partnership, or a limited liability company.
14.6 “County” means the County of Person Board of Commissioners or
a designated representative.
14.7 “Emergency Transportation” means the operation of an ambulance
in order to provide medical care and transportation of a patient who
is in need of immediate medical treatment in order to prevent loss
of life or further aggravation of physiological or psychological illness
or injury. Emergency transportation may occur at the ALS or BLS
level.
14.8 “Franchise” shall mean a permit issued by the County to a person
for the operation of an ambulance service.
14.9 “Franchisee” shall mean any person having been issued a
franchise by the County for the operation of an ambulance service.
14.10 “NC OEMS” shall mean the North Carolina Office of Emergency
Medical Services. NC OEMS is a section of the Division of Health
Service Regulation of the NC Department of Health and Human
Services, located at 701 Barbour Drive, Raleigh, NC 27603. NC
OEMS has enforcement oversight in the rules and regulations
governing EMS operations in the state of NC as created and
adopted by the NC Medical Care Commission.
September 15, 2008 15
14.11 “Non Emergency / Routine Transportation” means the operation of
an ambulance for any purpose other than an emergency transport
as defined above. Non Emergency transportation may occur at the
ALS or BLS level.
14.12 “Owner” shall mean any person or entity that owns or operates an
ambulance service.
14.13 “Patient” shall mean an individual, who is sick, injured, wounded, or
otherwise is incapacitated or helpless.
14.14 “Person” shall mean any individual, firm, partnership, association,
corporation, company, group of individuals acting together for a
common purpose, or organizations of any kind, including any
governmental agency other than the United States.
14.15 “Relative” shall mean any of the following:
(A) A spouse or the spouse's lineal ancestor or descendant.
(B) A lineal ancestor or a lineal descendant.
(C) A brother or sister, or the lineal descendant of a brother or
sister. For the purposes of this sub-subdivision, the term
brother or sister includes stepbrother or stepsister.
(D) An aunt or an uncle.
(E) A spouse of a person listed in paragraphs a. through d. For
the purpose of this subdivision, an adoptive or adopted
relative is a relative and the term "spouse" includes a
surviving spouse.
This Ordinance shall be effective the 15th day of September, 2008.
(Signed)
Faye T. Fuller, CMC Johnny Myrl Lunsford
Clerk to the Board Chairman
September 15, 2008 16
ADOPTION OF 2009 SCHEDULE OF TAX VALUES:
Tax Administrator Russell Jones, appeared before the Board for adoption of the
2009 Schedule of Values. He explained that the Schedule was presented to the Board on
August 18th followed by a Public Hearing on September 2. A copy of the Schedule of
Values has been available for public inspection for twenty-one days.
A motion was made by Commissioner Clayton, seconded by Commissioner
Bowes and carried to adopt the 2009 Land Use Schedule.
A motion was made by Commissioner Bowes, seconded by Commissioner
Clayton and carried to adopt the 2009 Schedule of Values.
CONSIDERATION OF APPLICATION FOR PROPERTY TAX EXEMPTION
FOR OAK GROVE UNITED METHODIST CHURCH:
Tax Administrator Russell Jones requested Board approval of an Application for
Property Tax Exemption for Oak Grove United Methodist Church for their parsonage.
He stated that under General Statute, any application for exempt status requested after
January 31 must be approved by the Board of Commissioners. He said the property
would have been approved if submitted timely.
A motion was made by Commissioner Yarborough, seconded by Commissioner
Bowes and carried to approve the Application for Property Tax Exemption for Oak
Grove United Methodist Church for their parsonage located at 4401 Chub Lake Road,
Roxboro, N.C.
PRESENTATION AND REVIEW OF COURTHOUSE RENOVATION PLANS:
Public Works Director David Rogers told the Board that MHA Works was
contracted to analyze the needs at the Courthouse and to develop renovation plans to
meet those needs. He said the company met with Courthouse employees and discussed
their needs for the future
MHA Works President, Michael Hining and Bill McCaffrey, Project Manager
outlined the renovations and alteration plans to the Board. Mr. Hining stated that the
renovations will bring the Courthouse up to current codes, reorganizes the work flow, and
public access to the building and secures the building. The work would include
replacement of the HVAC system as well as electrical, fire protection, ADA code, and
security upgrades. He further stated this work plan will make the building functional,
usable and safe for the next fifteen years. The work will be completed in five phases at
an estimated cost of $3,275,983.
The project encompasses 39,000 square feet and will be subject to review and
approval by the North Carolina Department of Insurance.
September 15, 2008 17
Mr. Hining requested authorization to proceed with the construction drawing.
Completion of the drawings would take an estimated six months to complete and be
ready to put out for bids. Actual construction time would be twelve to fourteen months.
County Manager York told the Board that if authorization was granted for the
construction drawings she would include the project in the Capital Improvement Project
for next year. She also stated she would recommend a financing plan for the cost of this
project.
Chairman Lunsford and Commissioners Bowes and Clayton voiced support for
the project. All agreed that the facility is subject to numerous code violations. They also
felt the renovation and alterations would be much less costly than building a new facility.
Commissioners Yarborough and Puryear voiced concerns about the cost involved
and the timeliness of the project.
A motion was made by Commissioner Clayton, seconded by Commissioner
Bowes that the Board authorize MHA Works to proceed with preparing the construction
documents for the renovation and alteration of the Courthouse. The motion carried by a
3/2 vote with Commissioners Yarborough and Puryear casting dissenting votes.
CONSIDERATION OF PERSON INDUSTRIES RECYCLING PROJECT:
Wanda Rogers appeared before the Board concerning the proposal from Person
Industries to build and operate a Material Recovery (MRF) in Person County. She said
since the initial business plan was presented to the Board on May 15, 2008, Person
Industries has continued to work toward this goal. PI has worked to improve the MRF
design, reduce the cost and provide outreach in the community to promote recycling
awareness. PI is at a point where they need a commitment to this project in order to
move forward. Ms. Rogers said the following factors must be addressed: (1) PI has an
agreement through December 31, 2008 for the proposed site (2) the NCDENR grant cycle
begins with the RFP coming in November 2008 and due in February 2009 (3) community
demand. She also presented a list of current and potential customers. The projected
total MRF, Baler, equipment and materials cost is $403,483.76.
Commissioner Yarborough spoke in support of the project; however, he said he
would like to see and upgrade of the business plan with resulting income with volume
and an estimate of how to achieve the tonnage needed for resulting income.
A motion was made by Commissioner Clayton, seconded by Chairman Lunsford
and carried to allow Person Industries to proceed with plans for the Material Recovery
Facility (MRF) to be built and operated by Person Industries.
Commissioner Puryear requested Ms. Rogers to also review convenience sites.
September 15, 2008 18
CONSIDERATION OF SELECTION OF ARCHITECT/ENGINEERING FIRM-
MAYO PARK PARTF PROJECT:
Mitch Pergerson, Director of the Arts, Parks and Recreation Department,
recommended to the Board that MHA Works be awarded the contract as the
architect/engineering firm for the Environmental Education and Community Center as
well as two restroom facilities at Mayo Park. A request for approval to allocate $45,500
upfront to move ahead with the surveys, schematic designs, construction documents, etc.,
for this project to be put out for bids. Mr. Pergerson reminded the Commissioners that
the $45,500 was already approved in the project and that one-half of this allocation would
be reimbursed back to the County through the parks and recreation grant received for this
project. Mr. Pergerson stated that the total budget for this project is $655,000, noting the
county’s portion is $302,500 with a 3 year window to spend grant funds.
A motion was made by Commissioner Lunsford, seconded by Commissioner
Clayton and carried to approve MHA Works as the architect/engineering firm for the
Environmental Education and Community Center as well as two restroom facilities at
Mayo Park and to allocate $45,500 funds to move this project forward preparing
necessary documents for the bidding process, of which one-half will be reimbursed back
to the County by the grant.
REQUEST TO PLACE COMMEMORATIVE MARKER AT HURDLE MILLS
PARK:
Mitch Pergerson requested approval from the Board to place a permanent marker
to commemorate that the old Hurdle Mills High School was located at the Hurdle Mills
Park. Wilma Foushee and others making this request will be responsible for the cost and
installation. There will be no cost to the county. The placement of the marker will be
coordinated through the Parks and Recreation Department as well as the Public Works
Department. The Recreation Advisory Board unanimously approved this request at their
September 3, 2008 meeting.
A motion was made by Commissioner Clayton, seconded by Commissioner
Bowes and carried to approve the request to place a permanent marker to commemorate
Hurdle Mills High School.
REQUEST FOR AUTHORIZATION OF PUBLIC HEALTH NURSE III
POSITION:
Health Department Director Janet Clayton requested an additional Public Health
Nurse III position to fulfill the State requirements related to Public Health Bioterrorism
Preparedness and Response. This new position does not require any additional funding;
funding will be covered through Health Department grant allocations.
A motion was made by Commissioner Bowes, seconded by Commissioner
Clayton and carried to approve the requested additional Public Health Nurse III position
for the Health Department.
September 15, 2008 19
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING FOR
COOPERATIVE, COMPREHENSIVE AND CONTINUING TRANSPORTATION
PLANNING AND THE ESTABLISHMENT OF A RURAL PLANNING
ORGANIZATION:
County Manager York requested Board adoption of the revised Memorandum of
Understanding for the Rural Planning Organization (RPO). The amended Memorandum
of Understanding has been updated to reflect the participation of the Town of Butner into
the RPO and language added to define what constitutes a quorum at the meetings. Mrs.
York stated all other RPO member local governments have approved this Memorandum
of Understanding.
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to approve the amended Memorandum of Understanding for
Cooperative, Comprehensive and Continuing Transportation Planning and the
Establishment of a Rural Planning Organization.
AMENDED
MEMORANDUM OF UNDERSTANDING
FOR
COOPERATIVE, COMPREHENSIVE AND CONTINUING
TRANSPORTATION PLANNING
AND THE ESTABLISHMENT
OF A RURAL PLANNING ORGANIZATION
FOR
The County of Franklin and the non-MPO municipality therein: Louisburg; the
County of Granville and the non-MPO municipalities therein: Butner, Oxford, Stem,
and Stovall; the County of Person and the municipality therein: Roxboro; the County
of Vance and the municipalities therein: Henderson, Kittrell, and Middleburg; the
County of Warren and the municipalities therein: Macon, Norlina, and Warrenton;
and the North Carolina Department of Transportation.
WITNESSETH
Whereas, on November 15, 2001, the State of North Carolina chartered the Kerr-
Tar Rural Transportation Planning Organization; and,
Whereas, the Parties listed above entered into a Memorandum of Understanding
on August 20, 2001, amended on May 24, 2005, which created the Kerr-Tar Rural
Planning Organization (hereinafter, “RPO”); and,
September 15, 2008 20
Whereas, the RPO provides rural areas the opportunity to work in partnership with
the NCDOT toward development of sound, short- and long-range transportation planning
for rural areas; and,
Whereas, the Parties have agreed to amend the original Memorandum of
Understanding.
Now, therefore, the following Amended Memorandum of Understanding is made
on this the _28th_ day of _January _____,2008.
Section 1. It is hereby agreed, that the County of Franklin and the non-MPO municipality
therein: Louisburg; the County of Granville and the non-MPO municipalities therein:
Butner, Oxford, Stem, and Stovall; the County of Person and the municipality therein:
Roxboro; the County of Vance and the municipalities therein: Henderson, Kittrell, and
Middleburg; the County of Warren and the municipalities therein: Macon, Norlina, and
Warrenton; and the North Carolina Department of Transportation intend to establish and
participate in an RPO created for the general purposes and responsibilities outlined in the
following:
1. Develop long-range local and regional multi-modal transportation plans in
cooperation with the area Metropolitan Planning Organizations (MPOs)
where applicable, and the NCDOT.
2. Provide a forum for public participation in the rural transportation
planning process.
3. Develop and prioritize suggestions for transportation projects that the RPO
believes should be included in the State Transportation Improvement
Program (STIP).
4. Provide transportation-related information to local governments and other
interested organizations and persons.
5. Conduct transportation related studies and surveys for local governments
and other interested entities/organizations.
6. Undertake mutually agreed upon transportation related tasks to enhance
transportation system development, coordination and efficiency
Section 2. It is hereby further agreed that transportation plans and programs and land use
policies and programs for the RPO will be coordinated by the Kerr-Tar Regional Council
of Governments, an agency selected on behalf of participating local governments and the
NCDOT, to be the administrative entity and to serve as the lead local planning agency for
coordinating transportation planning in the five-county planning area. The RPO hereby
authorizes the Kerr-Tar Regional Council of Governments to be the recipient of any
funds appropriated to the RPO by NCDOT pursuant to North Carolina General Statute
September 15, 2008 21
136-213(c). Additionally, the RPO authorizes the Kerr-Tar Regional Council of
Governments to be the recipient and administrator of any other funds obtained by the
RPO.
Section 3. Establishment of Rural Transportation Advisory Committee (RTAC). An
RTAC is hereby established with the responsibility for serving as a forum for cooperative
transportation planning decision making for the RPO. The RTAC shall have the
responsibility for keeping the local elected governing boards informed of the status and
requirements of the transportation planning process; to assist in the dissemination and
clarification of the decisions, inclinations, and policies of the local elected governing
boards and the NCDOT; and to help ensure meaningful public participation in the rural
transportation planning process.
1. The RTAC will be responsible for carrying out the following:
A. Establishment of goals, priorities, and objectives for the rural
transportation planning process.
B. Endorsement and review of changes to adopted transportation plans
within the RPO.
C. Endorsement, review, and approval of a Planning Work Program
(PWP) for transportation planning which defines work tasks and
responsibilities for the various agencies participating in the RPO.
D. Endorsement, review, and approval of transportation improvement
projects that support and enhance both regional and local
transportation in the five-county RPO.
2. The membership of the RTAC shall consist of the following:
A. One Commissioner representing Franklin County and one municipal
elected official from the RPO member municipality therein.
B. One Commissioner representing Granville County and one municipal
elected official from one RPO member municipality therein.
C. One Commissioner representing Person County and one municipal
elected official from the RPO member municipality therein.
D. One Commissioner representing Vance County and one municipal
elected official from one RPO member municipality therein.
E. One Commissioner representing Warren County and one municipal
elected official from one RPO member municipality therein.
September 15, 2008 22
F. One member from the North Carolina Board of Transportation
representing Division 5.
3. The Commissioner representing each county on the RTAC shall be appointed
every two years by the Board of County Commissioners of each County in
regular session. The municipal member representing each municipality on the
RTAC shall be elected every two years by a majority vote of the Mayors of
the RPO member municipalities in the county. All terms of appointment to the
RTAC shall be for two years. Reappointment is possible. One alternate may
be designated for each member providing they meet the same criteria as the
original appointee. Representatives from Vance, Granville and Person
Counties shall be reappointed in odd-number years; representatives from
Franklin and Warren Counties shall be reappointed in even-number years.
4. An RPO RTAC membership roster will be compiled and updated at least
annually, listing each attendee and alternate, if applicable, for each member
county and municipality.
5. A quorum is required for the transaction of all business, including conducting
meetings or hearings, participating in deliberations, or voting upon or
otherwise transacting the public business. A quorum consists of 51% of the
active voting members of the RTAC. The membership of a county or
municipality who fails to send the appointee or alternate to two consecutive
RPO meetings will be designated as a vacant seat and will not count towards
quorum. Vacant seats on the RTAC shall result in a member’s designation as
an in-active member. Attendance at future meetings will reinstate the member.
6. The RTAC will meet as often as it is deemed necessary, appropriate and
advisable. On the basis of majority vote of its membership, the RTAC shall
elect a member of the committee to act as chairperson with the responsibility
for coordination of the committee's activities.
6. In the event a county is no longer a member of the RPO, municipal
representation for that county is also lost. Municipalities cannot be a member
of the RTAC without the county being a member of the RPO.
7. The Kerr-Tar Regional Council of Governments will provide staff to the
RTAC.
Section 4. Establishment of Rural Technical Coordinating Committee (RTCC). An
RTCC shall be established with the responsibility of general review, guidance, and
coordination of the transportation planning process for the RPO and the responsibility for
making recommendations to the respective local, state, and federal governmental
agencies and the RTAC regarding any necessary actions relating to the continuing
transportation process.
September 15, 2008 23
1. The RTCC shall be responsible for development, review, and
recommendation for approval of the Planning Work Program (PWP) for the
RPO, the State Transportation Improvement Program (STIP) requests, and
revisions to the STIP.
2. Membership of the RTCC shall include technical representatives from all
local and state governmental agencies directly related to and concerned with
the transportation planning process for the RPO planning area. Initially, the
membership shall include, but may not be limited to, the following:
a. The County Manager, Assistant County Manager, or County Planner from
each of the counties of the RPO planning area, or his/her designated staff
representative.
b. The Chief Administrative Official, City Planner, City Engineer, or City
Clerk from each member municipality in the RPO planning area, or his/her
designated staff representative.
c. The Executive Director from the Economic Development Commission in
each RPO member county.
d. NCDOT Division Engineer serving Highway Division 5, or his/her
designated staff representative.
e. Manager, Transportation Planning Branch, NCDOT, or his/her designated
staff representative.
f. Regional Traffic Engineer, Division of Highways, Traffic Engineering
Branch, North Carolina Department of Transportation
g. Director, KARTS, or his/her designated staff representative.
h. Director, PATS, or his/her designated staff representative.
i. Transportation Planner, Kerr-Tar Regional Council of Governments.
j. Executive Director, Kerr-Tar Regional Council of Governments.
3. Non-voting ex officio representation on the RTCC shall include but not
necessarily be limited to each of the following:
a. The Senior Planning Staff Person or his/her designated staff representative
from the Capital Area Metropolitan Planning Organization.
September 15, 2008 24
b. The Senior Planning Staff Person or his/her designated staff representative
from the Durham-Chapel Hill-Carboro Metropolitan Planning
Organization.
c. The Senior Planning Staff Person of any Rural Transportation Planning
Organization directly adjacent to the Kerr-Tar RPO.
d. The Members of the North Carolina State Legislature representing any
portion of any RPO member county or municipality.
4. Membership of the RTCC may be altered on the basis of a majority vote of its
membership and approval of the RTAC of the RPO. One alternate may be
designated for each member providing they meet the same criteria as the
original appointee. Membership may be further defined in the duly adopted
bylaws. An RPO RTCC membership roster will be compiled and updated at
least annually listing each attendee and alternate, if applicable, for each
member county or municipality. The membership of a county or municipality
member who fails to send the appointee or alternate to three consecutive RPO
meetings will be designated as a vacant non-active seat and will not count
towards quorum. Attendance at future meetings will reinstate the member.
4. A quorum is required for the transaction of all business, including conducting
meetings or hearings, participating in deliberations, or voting upon or
otherwise transacting the public business. A quorum consists of at least 51%
of the active voting members of the RTCC. The RTCC shall meet when it is
deemed necessary, appropriate and advisable. The RTCC will be staffed by
the Kerr-Tar Regional Council of Governments. The RTCC shall by majority
vote of the membership elect one member to serve as a Chairman with the
responsibility for coordinating the committee's activities. Membership of the
RTCC may be altered on the basis of a majority vote of its membership and
approval of the RTAC of the RPO.
Section 5. It is further agreed that all participating agencies will assist in the rural
transportation planning process by providing planning assistance (where possible), data,
and inventories in accordance with the approved planning work program.
Section 6. Each county and its RPO member jurisdictions shall have the support of the
RPO staff in developing local transportation projects and priorities. Each member agrees
to coordinate its transportation plans with those of other RPO members. Additionally, by
consensus, the RPO may identify projects of a regional nature for development and
presentation to NCDOT for consideration.
Section 7. Parties to this Memorandum of Understanding may terminate their
participation in the continuing transportation planning process by giving 90 days written
notice to the other parties to the date of termination.
September 15, 2008 25
Section 8. In witness whereof, the parties of the Memorandum of Understanding have
been authorized by appropriate and proper resolutions, and/or legislative authority to sign
this Memorandum of Understanding, as per the date adopted by the following local
governments of the Kerr-Tar RPO. Any municipality desiring to join the RPO after the
initial 90-day period must notify the lead planning agency and the other members of the
RPO in writing of its intent to join, and provide each with a copy of a fully-executed
Municipal Statement of Adoption. New memberships will become effective on July 1st
of each year.
Section 9. This Amended Memorandum of Understanding supersedes and replaces any
prior memorandum(s) of understanding between the Parties regarding the RPO.
Section 10. In witness whereof, the Parties have been authorized by appropriate and
proper resolutions, and/or legislative authority to sign this Amended Memorandum of
Understanding, this the 15th day of September, 2008.
AGREED UPON BY:
_____________________ _____________________
Chairman, Franklin County Commission Mayor, City of Louisburg
_____________________ _____________________
Chairman, Granville County Commission Mayor, Town of Butner
_____________________
Mayor, City of Oxford
_____________________ _____________________
Mayor, Town of Stem Mayor, Town of Stovall
_____________________ _____________________
Chairman, Person County Commission Mayor, City of Roxboro
_____________________ _____________________
Chair, Vance County Commission Mayor, City of Henderson
_____________________ _____________________
Mayor, Town of Middleburg Mayor, Town of Kittrell
_____________________ _____________________
Chairman, Warren County Commission Mayor, Town of Macon
_____________________ _____________________
Mayor, Town of Norlina Mayor, Town of Warrenton
_____________________ _____________________
Secretary, NCDOT Executive Director, Kerr-Tar COG
Witness:
_________________________
Transportation Planner, Kerr-Tar COG
September 15, 2008 26
Approved as execution
________________________________
Assistant Attorney General
DISCUSSION OF EXEMPTION FOR ENGINEERING WORK ON WATERLINE
EXTENSION TO HALIFAX ROAD/VIRGILINA ROAD AREA:
Commissioner Puryear asked the County Attorney the legal requirements
regarding approving a firm at the last meeting for the engineering work on the waterline
extension project and not putting it out for bid to allow local businesses interested in
participating in the process.
County Attorney, Ron Aycock responded by saying the statutes do not require the
normal bidding on this type work since engineering work is a "personal service". In fact
there is an argument that bidding is in effect prohibited. Instead a "qualification process"
is required. A truncated process to select the engineering firm to restrict the amount of
time is allowable. Mr. Aycock further stated that in his opinion the Board should not set
an “in county” contractor as preference but that the question to review is the contractor
qualifications. Relative to “voiding” the contract authorized at the last meeting, the
contract holder already has rights. If there are no grounds to set aside the contract, the
County could be subject to liability by the contractor.
County Engineer, Paul Bailey stated that general statutes did not allow proposals
or bids for a specific price to be submitted, but a firm must be selected based on
qualifications, then an attempt to negotiate the contract terms. If the terms of the contract
could not be negotiated, then another firm could be selected. Mr. Bailey noted he had
already spent one-half day meeting with the firm looking at routes, pressures and other
criteria for the scope of work. The actual contract has not been signed due to fact of still
negotiating terms. The authorization from the Board at the last meeting gave Mr. Bailey
permission to negotiate the contract.
September 15, 2008 27
BUDGET AMENDMENT:
Upon a motion by Commissioner Clayton, and a second by Commissioner Bowes and majority vote,
the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this,
the 15th day of September 2008, as follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General
Building and Grounds 559
Public Safety 5,621
REVENUES General
Other revenues 559
Intergovernmental revenues 5,621
Explanation:
Appropriate: Emergency Management Performance Supplemental Grant awarded to Emergency
Management from the NC Crime Control & Public Safety $5,621; insurance claim proceeds to repair
electric motor at Library due to lightning damage $559.
CHAIRMAN’S REPORT:
There was no report from the Chairman.
MANAGER’S REPORT:
Mrs. York stated that the Airport Commission will be meeting on September 29th
at 10:30 p.m. in the Commissioner’s Room.
Additionally, Mrs. York noted she had received a list of Capital Projects from
Person County Schools which will be added to the CIP list for consideration and
discussion.
COMMISSIONER REPORTS/COMMENTS:
Commissioners Puryear, Bowes and Clayton had no report or comments.
Commissioner Yarborough mentioned the RPO with hopes the Thoroughfare
committee will become more active. Also the Solid Waste Advisory Committee has
made progress getting the recycling bins into schools noting soon the County will have to
deal with issues regarding getting the recycling items from the school locations to the
recycling site, etc.
September 15, 2008 28
September 15, 2008 29
CLOSED SESSION:
A motion was made by Commissioner Clayton, seconded by Commissioner
Bowes and carried to go into Closed Session pursuant to G.S. 143-318.11(a)(6) to
discuss the County Manager’s Work Plan at 10:13 a.m. A 12 minute recess was given
prior to Closed Session.
A motion was made by Commissioner Clayton, seconded by Commissioner
Bowes and carried to return to Open Session at 10:53 a.m.
ADJOURN:
A motion was made by Commissioner Clayton, seconded by Commissioner
Yarborough and carried to adjourn the September 15, 2008 meeting at 10:54 a.m.
_______________________________ ______________________________
Faye T. Fuller, CMC Johnny Myrl Lunsford
Clerk to the Board Chairman