June 18PERSON COUNTY BOARD OF COMMISSIONERS June 18, 2007
MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford, Chairman Steve Carpenter, 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
Larry E. Yarborough, Jr. -ABSENT
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The Board of Commissioners for the County of Person, North Carolina, met in recessed
session on Monday, June 18, 2007 at 9:00 a.m. in the Commissioners’ Room of 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.
PUBLIC HEARING:
VESTED RIGHTS REQUEST – CERTAINTEED GYPSUM
A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and
carried to open the duly advertised public hearing for Vested Rights for CertainTeed Gypsum
NC, Inc.
County Planner Paula Murphy told the Board that on March 14, 2005, a Special Use
Permit was approved by the Board of Commissioners for BPB NC, Inc. on Shore Road.
CertainTeed Gypsum NC, Inc. has bought out BPB. CertainTeed is requesting Vested Rights
status for a period of five years.
The Planning Board held a Public Hearing on May 10, 2007 and voted 7 to 0 to
recommend approval of vested rights for five years.
Mr. Russell Killen, Attorney with Parker & Poe, explained that the project had been
delayed after a change in ownership in order for Stain-Gobain to complete a corporate analysis.
With the change and the delay, the company wanted to renew the five-year vested rights on the
earlier Special Use Permit granted by the county for the new plant. He said it was CertainTeed
plans to be and running by late 2009.
No one else spoke in favor or opposition.
A motion was made by Commissioner Bowes, seconded by Commissioner Clayton and
carried to close the public hearing.
A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and
carried to approve the Vested Rights status for five years for the proposed development for
CertainTeed Gypsum, Inc.
June 18, 2007 1
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Bowes, seconded by Chairman Lunsford and
carried to remove from the agenda the Presentation Regarding Alternative Sites Study and
Socioeconomic & Demographic Study – Upper Piedmont Environmental Landfill and to approve
the agenda as adjusted.
INFORMAL COMMENTS:
Betty Blalock: Spoke on behalf of Frances Blalock who could not attend. Asked the
Board to consider Zero Waste proposal and visit Horry County site. PCPRIDE will organize the
trip if there is interest. Will bring at a later date information she received on a recent visit to
NCDHNR water and air quality divisions.
PC PRIDE will host a Zero Waste Initiative Rally on August 18, 2007 to be held at
Merritt Commons between the hours of 2:00-8:00 p.m. The rally is sponsored and produced by
Blue Ridge Environmental Defense League and the Center for Health and Environmental Justice.
Lois Gibbs will be the keynote speaker.
Betty Blalock Presentation: Thank the Board for denying Republic Services request to
expand the daily waste collection limit. Waste will penetrate the land and the liner will fail and
pollute ground water. Concerned about fish kills in area ponds. Hazardous chemicals have been
found in the leachate and they will seep into the soil. Showed picture of landfill where trees
should have been planted years ago.
ADMINISTRATIVE REPORTS:
A motion was made by Commissioner Bowes seconded by Commissioner Clayton to
receive and accept the following Administrative Reports: Airport, EMS, Fire Marshal,
Inspections.
RE-DESIGNATION OF ANIMAL CRUELTY INVESTIGATION OFFICER:
A motion was made by Commissioner Bowes, seconded by Commissioner Clayton and
carried to re-designate Kay Farrell to a one year term as an Animal Cruelty Investigation
Officer.
June 18, 2007 2
APPROVAL OF RESOLUTION APPROVING INSTALLMENT FINANCING
DOCUMENTS:
Finance Director Andrew Davenport presented for Board approval, a Resolution
Approving Installment Financing Documents.
A regular meeting of the Board of Commissioners for the County of Person, North
Carolina, was held in the Commissioners’ Meeting Room in the Person County Office Building,
in Roxboro, North Carolina, the regular place of meeting, on June 18, 2007, at 9:00 A.M.
Present: Chairman Johnny Myrl Lunsford, presiding, and Commissioners Jimmy B.
Clayton, Larry H. Bowes and Kyle W. Puryear.
Absent: Commissioner Larry E. Yarborough, Jr.
* * * * *
Commissioner Bowes introduced the following resolution, a copy of which had been
provided to each Commissioner and which was read by its title:
RESOLUTION APPROVING AN INSTALLMENT FINANCING
CONTRACT, A DEED OF TRUST AND OTHER DOCUMENTS AND
APPROVING AND AUTHORIZING CERTAIN ACTIONS IN
CONNECTION WITH THE FINANCING THE COST OF VARIOUS
PROJECTS
WHEREAS, the County of Person, North Carolina (the “County”), is a validly existing
political subdivision of the State of North Carolina (the “State”), under and by virtue of the
Constitution and laws of the State; and
WHEREAS, the County has the power, pursuant to Section 160A-20 of the General
Statutes of North Carolina, as amended, to (a) finance the purchase of real and personal property
by installment contracts that create in the property purchased a security interest to secure
payment of the purchase price to the entity advancing moneys for such transaction and
(b) finance the construction of fixtures or improvements on real property by contracts that create
in such fixtures or improvements and in the real property on which such fixtures or
June 18, 2007 3
improvements are located a security interest to secure repayment of moneys advanced or made
available for such construction; and
WHEREAS, the County has determined to finance pursuant to said Section 160A-20,
with any other available funds, the cost of constructing and otherwise accomplishing various
projects consisting of certain school, community college and other public facilities, as more
particularly described in Exhibit A attached to the Installment Financing Contract hereinafter
described (collectively the “Project”); and
WHEREAS, it is now necessary for the Board of Commissioners for the County (the
“Board”) to approve an installment financing contract, an escrow deposit agreement, a deed of
trust and other documents related thereto and to approve and authorize certain actions in
connection therewith; and
WHEREAS, there have been presented for consideration by the Board copies of the
following documents relating to such matter:
(a) a draft of an Installment Financing Contract, dated July 18, 2007 and between the
County and RBC Centura Bank (the “Installment Financing Contract”), under which RBC
Centura Bank (the “Bank”) would advance funds to finance the cost of the Project and the
County would be obligated to make Installment Payments (as defined therein) to repay the funds
advanced to it and to make certain other payments, among other requirements, such obligations
being subject to termination by the County under certain circumstances as provided therein;
(b) a draft of an Escrow Deposit Agreement, dated July 18, 2007 and among the
County, the Bank and RBC Centura Bank as escrow agent (the “Escrow Deposit Agreement”),
which provides for the expenditure of funds advanced pursuant to the Installation Financing
Contract to pay Project costs;
June 18, 2007 4
(c) a draft of a Deed of Trust and Security Agreement, made and entered into as of
July 18, 2007 (the “Deed of Trust”), which the County would execute and deliver to a trustee for
the benefit of the Bank and which would encumber the site of the School Project, as defined in
the Installment Financing Contract, and the improvements on such site and certain related
property, subject to certain exceptions, as security for the County’s obligation to repay the funds
advanced to it pursuant to the Installment Financing Contract;
(d) a draft of an Agreement Concerning a New Public School Bus Garage for the
Person County School Administrative Unit, dated July 18, 2007 and between The Person County
Board of Education (the “Board of Education”) and the County (the “Administrative
Agreement”), which furthers a plan to finance the cost of constructing and otherwise
accomplishing the School Project which each has found to be necessary and desirable to provide
for improved public school facilities and improved public education in the County and which
constitutes a part of the Project; and
(e) a draft of a Lease, dated July 18, 2007 and between the County, as lessor, and the
Board of Education, as lessee (the “Lease”), which provides for the lease by the County to the
Board of Education of the School Project as a part of such plan to finance the cost of the School
Project;
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
Section 1. The Board hereby confirms that the Project and its use are essential for the
County and that the Project will permit the County to carry out public functions that it is
authorized by law to perform.
Section 2. The Board hereby finds and determines that it is in the best interest of the
County to enter into the Installment Financing Contract, the Escrow Deposit Agreement, the
June 18, 2007 5
Deed of Trust, the Administrative Agreement and the Lease in order to effectuate the financing
of the cost of the Project as described above.
Section 3. The form and content of the Installment Financing Contract, the Escrow
Deposit Agreement, the Deed of Trust, the Administrative Agreement and the Lease, each of
which will be a valid, legal and binding obligation of the County in accordance with its terms,
are hereby approved in all respects and the Chairman of the Board, the County Manager of the
County, the Finance Director of the County, the County Attorney of the County and the Clerk to
the Board are hereby authorized and directed to execute and deliver the Installment Financing
Contract, the Escrow Deposit Agreement, the Deed of Trust, the Administrative Agreement and
the Lease, as may be applicable, in substantially the forms presented to the Board, together with
such additions, changes, modifications and deletions as they, with the advice of counsel, may
deem necessary and appropriate, and such execution and delivery shall be conclusive evidence of
the approval and authorization thereof by the Board and the County; provided, however, that the
due date of the final Installment Payment is not later than June 1, 2014 and that the aggregate
amount of the principal components of the Installment Payments does not exceed $4,300,000.
Section 4. The Board hereby approves, ratifies and confirms the actions of the
County Manager, the Finance Director and the County Attorney of the County in connection
with this matter.
Section 5. The officers and employees of the County are authorized and directed
(without limitation except as may be expressly set forth herein) to take such other actions and to
execute and deliver such other documents, certificates, undertakings, agreements or other
instruments as they, with the advice of counsel, may deem necessary or appropriate to effectuate
June 18, 2007 6
the transactions contemplated by the Installment Financing Contract, the Escrow Deposit
Agreement, the Deed of Trust, the Administrative Agreement and the Lease.
Section 6. The County covenants that, to the extent permitted by the Constitution and
laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue
Code of 1986, as amended (the “Code”), as applicable to the Installment Financing Contract
except to the extent that the County obtains an opinion of nationally-recognized bond counsel to
the effect that noncompliance would not result in the interest components of the Installment
Payments being includable in the gross income of the recipient thereof under Section 103 of the
Code, as more specifically provided in the Installment Financing Contract.
The County hereby finds, declares and represents that (a) it reasonably expects that it, all
subordinate entities thereof and all entities which issue obligations on behalf of the County (all
within the meaning of Section 265(b)(3)(E) of the Code) will not issue in the aggregate more
than $10,000,000 of tax-exempt obligations (not counting certain current refunding obligations
and private-activity bonds except for qualified 501(c)(3) bonds as defined in the Code) during
calendar year 2007 and (b) no entity has been or will be formed or availed of to avoid the limits
described above. In addition, the County hereby designates its obligation to make Installment
Payments under the Installment Financing Contract as a “qualified tax-exempt obligation” for the
purposes of Section 265(b)(3) of the Code.
Section 7. If any section, phrase or provision of this resolution is for any reason
declared to be invalid, such declaration shall not affect the validity of the remainder of the
sections, phrases or provisions of this resolution.
Section 8. All motions, orders, resolutions, ordinances and parts thereof in conflict
herewith are hereby repealed.
June 18, 2007 7
Section 9. This resolution shall take effect immediately upon its passage.
Upon motion duly made and seconded, the foregoing resolution was passed by the
following vote:
Ayes: Commissioners Johnny M. Lunsford, Jimmy B. Clayton, Larry H. Bowes, Kyle
W. Puryear.
Noes: None
APPROVAL OF PLACEMENT OF COMMEMORATIVE SIGN AT FORMER BUSHY
FORK SCHOOL:
Nancy Wilkerson Jones requested the placement of a sign signifying the site of the
former Bushy Fork School. The school is no longer in existence and there is no visible
recognition that it ever did exist. The cost of the permanent sign will be underwritten by former
school students.
A motion was made by Commissioner Bowes, seconded by Commissioner Puryear and
carried to approve the placement of a commemorative sign at the former Bushy Fork School.
DISCUSSION OF INTERVIEW PROCESS FOR BOARDS, COMMITTEES,
COMMISSIONS:
County Manager Carpenter told the Board that first group of appointments for Board,
Committee and Commissions is due since the new interview process was approved. There will
be approximately fifteen interviews to be scheduled. Commissioner Puryear suggested the
interview process be scheduled for June 26 at 6:00 p.m. He further suggested that each
applicant be interviewed separately. The date was agreed on by the entire Board.
County Attorney Ron Aycock presented the following Resolution for the appointment
process for authorities, boards, commissions and committees. He indicated this document
includes those specific boards, commissions and committee which will be subject to the
interview process.
A motion was made by Commissioner Puryear, seconded by Commissioner Bowes and
carried to approve the Resolution –Appointment Process for Authorities, Boards, Commissions,
and Committees.
June 18, 2007 8
RESOLUTION
APPOINTMENT PROCESS
FOR AUTHORITIES, BOARDS, COMMISSIONS, AND COMMITTEES
WHEREAS, it is the statutory duty of the Person County Board of Commissioners
(hereinafter called “BOC”), as the Governing Body of Person County to appoint qualified,
knowledgeable, and dedicated people to serve on various authorities, boards, commissions, and
committees (hereinafter called “Organizations”) to assist in the operation of county government;
and
WHEREAS, the BOC solicits the interest and opinion of the citizens of Person County
in making said appointments; and
WHEREAS, the BOC believes written policies and procedures will increase public
awareness and interest in the solicitation by the BOC of information and recommendations from
the public to assist the BOC in these appointments.
NOW, THEREFORE, BE IT RESOLVED by the Person County BOC that:
SECTION I.
The policies and procedures governing appointments by the BOC to the various organizations
follow:
1) Qualification: Any citizen of Person County if eligible to serve where state
statute and other applicable ordinances or conflicts of interest do not prohibit such
appointment. The BOC will make appointments within guidelines of applicable
state statute, ordinance, resolution, or policy that created said organization;
2) Appointments: The BOC will make all appointments according to the applicable
statute, ordinance, resolution or policy that created the organization from timely
submitted, completed applications. No citizen of Person County may serve in
more than two appointed positions of Person County Government unless
exempted by nature of the position they may hold in governmental service. This
policy will not apply to Person County Commissioners;
3) Term Limits: Unless otherwise provided by North Carolina law, the BOC sets no
term or length of service, but encourages citizens to apply when vacancies occur.
At the expiration of a member’s term if they want to continue serving, they must
thoroughly complete another application form.
4) Absenteeism: If not addressed in the bylaws of an organization and a member in
any 12-month period has unexcused absences that are more than 25 percent of the
meetings they are required to attend pursuant to their appointment, they are
obligated to resign. Absences caused by events beyond one’s control are
considered excused absences. Absenteeism violations must be reported to the
BOC. If the individual refuses to resign, action of the BOC may dismiss them
June 18, 2007 9
unless law prohibits dismissal by the BOC. A twelve-month period beginning on
the date of appointment will constitute a year.
5) Binder Information: The County Manager will keep a binder containing a list of
all county appointments, with the following data available for public inspection:
¾ Names of organization and brief summary of its function
¾ Statute or cause creating organization
¾ Names of members, terms, addresses, telephone numbers, and number of
terms served
¾ Regular meeting date, time, and location
¾ In the event a member’s term expires and the organization holds a meeting
before the BOC makes an appointment, the incumbent will continue to
serve until the BOC takes action.
SECTION II.
Procedure for filling vacancies for appointed positions:
A. Notification of available appointments:
¾ The County Manager will maintain a list of available positions stating terms of office,
requirements and duties of the position. The Manager will set a deadline for receipt of
applications and publish vacancies twice in The Courier Times at least forty-five (45)
days prior to the month appointments are due.
¾ If there are no applications thirty (30) days after the first notice of general circulation, the
Manager will notify the BOC. It will then be the BOC’s responsibility to make contacts
and encourage citizens to apply for the vacancy(ies) with the deadline at 12:00 Noon on
the Tuesday before the BOC’s meeting as the deadline for receipt of applications.
¾ The County Manager will keep all applications from interested citizens for one year from
the date of application. After the one-year period, a new application is required.
¾ A notice will be mailed to members sixty (60) days before the expiration of their term. If
interested in reappointment, they must file a new application. If an individual is not
eligible for reappointment, they will be notified of the reason they are ineligible.
¾ Application forms are available upon request from the County Manager’s Office and on
Person County’s web page (http//www.person.net). Individuals who are interested in
serving must thoroughly complete the application.
¾ Upon receiving an application, the County Manager will send a notification letter to
applicant acknowledging receipt of application.
B. Selection Process.
1) Eligibility will be verified for each applicant to ensure they meet specific
June 18, 2007 10
requirements when governed by state statute, ordinance, or regulation.
2) The County Manager will send all applications along with a list of names,
including those ineligible and the reason, to the BOC.
C. Notification of appointment.
The County Manager will prepare a letter of notification to the appointee with a copy to the
appropriate department/agency head with a request that appointee be notified of the date, time,
and place of the next meeting. The County Manager, or his designee, will contact the newly
appointed person(s) to discuss the duties of the position and if desired, arrange an orientation
meeting.
SECTION III.
This resolution shall be considered general policy only and shall not prohibit the BOC from
making appointments and/or reappointments to the various organizations that deviate from this
policy if special conditions exist which justifies the deviation.
SECTION IV.
This resolution will have the force and effect of a county ordinance and will be considered an
amendment to all ordinances establishing terms of office for county-appointed organizations,
unless law would prohibit said amendment.
Adopted this 18th day of June, 2007.
(signed)
Faye T. Fuller, CMC Johnny Myrl Lunsford
Clerk to the Board Chairman
June 18, 2007 11
County Attorney Ron Aycock also presented the Resolution Providing for Appointment
of County Commissioners to Boards, Commissions and Committees. This resolution replaces
the informal process used by the Chairman to make commissioner appointments to various
committees.
A motion was made by Commissioner Puryear, seconded by Commissioner Bowes and
carried to approve the Resolution as presented.
RESOLUTION
PROVIDING FOR APPOINTMENT OF
COUNTY COMMISSIONERS TO
BOARDS, COMMISSIONS AND COMMITTEES
WHEREAS, certain state statutes require the appointment of sitting members of the
Board of County Commissioners to certain Boards, Commissions and Committees, and
WHEREAS, certain resolutions and action of the Person County Board of County
Commissioners to certain Boards, Commissions and Committees, and
WHEREAS, the Board of County Commissioners periodically creates internal boards,
commissions or committees and provides for designation of individual board members as
representatives of the County Board of Commissioners, and
WHEREAS, the Board finds it desirable to create an efficient and effective method for
make such appointments or designations.
NOW, THEREFORE BE IT RESOLVED, by the Person County Board of County
Commissioners that the Chair of the Board be and hereby is designated and authorized as the
official appointing authority for the Board of County Commissioners.
BE IT FURTHER RESOLVED, that all such appointments under the authority of this
Resolution must be made in open and official meetings of the Board.
BE IT FURTHER RESOLVED, that any appointments made under this Resolution
shall be and are designated as ex-officio appointments of the County Commissioner(s) so
appointed.
Adopted this 18th day of June, 2007.
(signed)
Johnny Myrl Lunsford, Chairman Faye T. Fuller, CMC, Clerk to the Board
June 18, 2007 12
June 18, 2007 13
CHAIRMAN’S REPORT: None
MANAGER’S REPORT:
General Assembly still considering Medicaid & 9-1-1 funding.
Report on a meeting with insurance representatives – loss ratio was 70% for last quarter.
COMMISSIONER REPORTS/COMMENTS:
Commissioner Clayton – Attended the NCACC Board of Directors meeting this past
weekend and there were three main topics of interest: Solid Waste Act - Wireline charge –
Medicaid.
RECESS:
The meeting was recessed at 9:55 a.m. to be followed by a Budget Work Session. The
motion was made by Commissioner Bowes, seconded by Commissioner Clayton and carried.
____________________________________ ______________________________
Faye T. Fuller, CMC Johnny Myrl Lunsford
Clerk to the Board Chairman