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Agenda Packet November 16 2015PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 November 16, 2015 9:00am (Meeting to be held in the County Office Building Auditorium) CALL TO ORDER…………………………………………………. Chairman Puryear INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA RECOGNITION OF LOCAL GOVERNMENT DAY ….. Welcome & Introductions RECOGNITION: Award for Outstanding Teamwork, Professionalism and Commitment to Public Safety ……………………………………………. Brett Wrenn Brittany Shelton, Joy Brown, Michaele Gentry and Denise Drumwright INFORMAL COMMENTS The Person County Board of Commissioners established a 10 minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. 1 ITEM #1 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A. Approval of Minutes of November 2, 2015, B. Budget Amendment #11, C. Budget Amendment PCC Tractor, D. Public School Building Capital Fund NC Education Lottery Application in the amount of $86,500 to replace all HVAC controllers in all 10 schools, E. A Resolution Adopting a Residential Antidisplacement and Relocation Assistance Plan, F. Consideration of Approval of Late Exemption Applications, and G. Tax Adjustments for the month of November 2015 a. Tax Releases b. NC Vehicle Tax System pending refunds UNFINISHED BUSINESS: ITEM #2 Review of County’s Ordinance Permitting the Posting of Signs to Prohibit the Carrying of Concealed Handguns on County Property …………………………………………………………… Ron Aycock NEW BUSINESS: ITEM #3 Proposal for Engineering and Design Services for the Senior Center ...… Heidi York ITEM #4 Proposed 2016 Board of Commissioners’ Schedule of Meetings …….. Brenda Reaves ITEM #5 Fiscal Year 2016-2017 Budget Calendar …………………………………… Heidi York CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS RECESS the meeting until 11:00am at the Person County Museum The Person County Board of Commissioners will meet jointly with the Person County Museum Board of Directors Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2 November 2, 2015 1 PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 2, 2015 MEMBERS PRESENT OTHERS PRESENT Kyle W. Puryear Heidi York, County Manager David Newell, Sr. C. Ronald Aycock, County Attorney B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Jimmy B. Clayton Tracey L. Kendrick The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, November 2, 2015 at 7:00pm in the Commissioners’ meeting room in the Person County Office Building. Chairman Puryear called the meeting to order. Commissioner Kendrick gave an invocation and members from Boy Scout Troop 295 led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Commissioner Jeffers requested an addition to the agenda for discussion of funding for students to attend the Students Against Destructive Decisions (SADD) conference. A motion was made by Commissioner Kendrick and carried 5-0 to add an item to the agenda to discuss funding for students to attend the SADD conference and to approve the agenda as adjusted. RECOGNITION RESOLUTION OF APPRECIATION: Chairman Puryear read and presented the following resolution of appreciation to Person County Retiree, Deborah Wolfe. Ms. Wolfe expressed her gratitude to the Board. 3 November 2, 2015 2 4 November 2, 2015 3 PUBLIC HEARING: REQUEST BY W. RUFFIN WOODY TO REZONE TAX MAP 141 PARCEL 1 (ROXBORO TOWNSHIP) ON CAVEL CHUB LAKE ROAD (SR1531) FROM RESIDENTIAL (R) TO RURAL CONSERVATION (RC): A motion was made by Vice Chairman Newell and carried 5-0 to open the duly advertised public hearing for a request by W. Ruffin Woody to rezone Tax Map 141, Parcel 1 (Roxboro Township) on Cavel Chub Lake Road (SR1531) from Residential (R) to Rural Conservation (RC). Planning Director, Mike Ciriello stated the County has received an application from W. Ruffin Woody to amend the official zoning map. The request before the Board was to rezone an 86.7 acre parcel, Tax Map 141 Parcel 1 on Cavel Chub Lake Road from Residential (R) to Rural Conservation (RC). Mr. Ciriello noted if the parcel was rezoned, all land uses permitted in the RC District will be allowed. The general intent of the RC District is to provide for limited land use controls in area with limited non-agricultural development. While the area along Cavel Chub Lake Road is primarily zoned Residential; there are two parcels that are zoned B-2 (Neighborhood Business) immediately adjacent to the parcel under consideration for rezoning. The area is mainly single family residential structures; there is an old industrial site which has not been used for at least twenty years and it is zoned Residential. It is located within the Roanoke River Basin which currently has no regulations pertaining to stormwater. Mr. Ciriello stated the Planning Board held a Public Hearing on October 8, 2015 and voted 6 to 0 to recommend approval of the rezoning request based on the Land Use Plan considering this area as suburban residential and Section 2.1 of the Land Use Plan which promotes continued economic investment through retention and expansion of existing industrial concerns and the recruitment of new industrial and commercial businesses. The Planning Board found that the rezoning was consistent with the Comprehensive Plan. There were no individuals appearing before the Board to speak in favor of or in opposition to the request by W. Ruffin Woody to rezone Tax Map 141, Parcel 1 (Roxboro Township) on Cavel Chub Lake Road (SR1531) from Residential (R) to Rural Conservation (RC). Clerk to the Board, Brenda Reaves stated Ms. Lintanya T. Harris of Bowie, Maryland submitted written comments expressing concern about the impacts of building any structure on land that was previously contaminated urging the Board to perform due diligence to ensure there are no human health or environmental effects. A copy of Ms. Harris’ letter was given to each member of the Board. 5 November 2, 2015 4 A motion was made by Commissioner Kendrick and carried 5-0 to close the public hearing for a request by W. Ruffin Woody to rezone Tax Map 141, Parcel 1 (Roxboro Township) on Cavel Chub Lake Road (SR1531) from Residential (R) to Rural Conservation (RC). CONSIDERATION TO GRANT OR DENY REQUEST BY W. RUFFIN WOODY TO REZONE TAX MAP 141 PARCEL 1 (ROXBORO TOWNSHIP) ON CAVEL CHUB LAKE ROAD (SR1531) FROM RESIDENTIAL (R) TO RURAL CONSERVATION (RC): A motion was made by Commissioner Clayton and carried 5-0 to approve the rezoning request based on the Land Use Plan considering this area as suburban residential and Section 2.1 of the Land Use Plan which promotes continued economic investment through retention and expansion of existing industrial concerns and the recruitment of new industrial and commercial businesses as recommended by the Planning Board. The Board of Commissioners found that the rezoning was consistent with the Comprehensive Plan. 6 November 2, 2015 5 PUBLIC HEARING: PROPOSED FY2017 COMMUNITY TRANSPORTATION PROGRAM GRANT APPLICATION: A motion was made by Commissioner Jeffers and carried 5-0 to open the duly advertised public hearing for the proposed FY2017 Community Transportation Program Grant Application. Person Area Transportation Director, Kathy Adcock presented the proposed FY2017 Community Transportation Program Application to the Board for approval noting it is due to be submitted to the North Carolina Department of Transportation no later than November 6, 2015. The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Person County as well as provides transportation options and services for the communities within this service area. These services are currently provided using demand response, subscription and trip referrals. Services are rendered by utilizing ADA vans and Light Transit Vehicles. The total estimated amount requested for the period July 1, 2016 through June 30, 2017 is outlined below: Project Total Amount Local Share Administrative $ 190,369 $ 28,556 (15%) Capital (Vehicles & Other) $ 177,000 $ 17,700 (10%) TOTAL PROJECT $ 367,369 $ 46,256 Total Funding Request Total Local Share There were no individuals appearing before the Board to speak in favor of or in opposition to the proposed FY2017 Community Transportation Program Grant Application. A motion was made by Commissioner Jeffers and carried 5-0 to close the public hearing for the proposed FY2017 Community Transportation Program Grant Application. CONSIDERATION TO APPROVE FY2017 COMMUNITY TRANSPORTATION PROGRAM GRANT APPLICATION: A motion was made by Commissioner Jeffers and carried 5-0 to approve the proposed FY2017 Community Transportation Program Grant Application as presented. 7 November 2, 2015 6 8 November 2, 2015 7 9 November 2, 2015 8 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Bruce Wrenn of 105 Warren Lane, Semora addressed the signage posted on county buildings prohibiting no concealed handguns per Person County Ordinance. Mr. Wrenn asked the Board why the County posted such signs and if there was associated liability as the County did not enforce such. Mr. Wrenn also questioned if open carry was allowed. Vice Chairman Newell asked the County Attorney to state his opinion related to Mr. Wrenn’s comments. County Attorney, Ron Aycock noted the Board enacted its prohibition of concealed handguns before General Assembly’s law for conceal carry permitting. Mr. Aycock noted the Board is authorized to prohibit and the posting of signs on county buildings was required to provide notice per the County’s Ordinance. Mr. Aycock suggested a change, if desired by the Board, to prohibit except where permitted under NC law. Mr. Aycock addressed the County liability noting that by not enforcing at each entry does not constitute liability as citizens are informed and expected to conform to the law. Mr. Aycock further noted that knowledge on behalf of a county employee that the law is being violated exposes some liability. It was the consensus of the Board to add this item to the Board’s next meeting agenda. Ms. Betty Blalock of Tirzah Ridge, Rougemont, a resident near the landfill stated the Solid Waste Study Report has tried to discredit the information she provided. Ms. Blalock said many deaths related to cancer were not counted in the recent cancer study around the landfill. Ms. Blalock spoke with opposition to the landfill accepting all types of waste from surrounding areas. Ms. Blalock stated she will fight any expansion into the Neuse River Basin which is where she resides. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Kendrick and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of October 19, 2015, B. Budget Amendment #10, and C. Bethel Hill Lease Agreement Amendment #1 10 November 2, 2015 9 UNFINISHED BUSINESS: FOLLOW-UP TO PIEDMONT COMMUNITY COLLEGE’S REQUEST TO PURCHASE A TRACTOR: County Manager, Heidi York stated at the Board’s October 19, 2015 meeting, Piedmont Community College (PCC) brought forward a mid-year budget request to increase their FY15-16 appropriation for the purchase of a tractor. PCC provided a quote of $71,391 for an 85HP John Deere tractor to be used for mowing 10 acres of grass and clearing 10.5 acres of parking lots and pavement during snowstorms. The Board directed the County Manager to compare prices and models of tractors with multiple vendors to ensure that the best value is being obtained. Ms. York presented a matrix of specifications and pricing options with the Board for discussion and comparisons. 11 November 2, 2015 10 Dr. Walter Bartlett, President of Piedmont Community College (PCC) provided the Board with justification for the equipment needed noting the tractor and attachments are used March-November to bush hog 10 acres of fields, twice per month, clean storm damage, mulching, grading, clear pathways, nature trail/disc golf course ground maintenance to keep the college clean, clear and safe. The months of December-February the tractor and attachments would be used for time sensitive snow removal on 10.5 acres of parking lot and roads. Dr. Bartlett amended PCC’s budget request to increase their FY15-16 appropriation for the purchase of a John Deere 5075E tractor and attachments costing $54,113.62 plus tax of $4,652.67 for a total of $57,766.29. When asked if PCC staff had contacted the landscaper regarding pretreatment and snow removal services, Dr. Bartlett said that his staff has not contacted due to PCC’s request for the tractor involved a scope of work which was more than snow removal. Commissioner Kendrick acknowledged his visit to PCC’s campus to tour and inspect the current equipment. He asked Dr. Bartlett if the fields he toured had been recently mowed with standard mowing equipment, i.e., a zero-turn mower to which Dr., Bartlett confirmed affirmatively. Ms. York added that she had contacted the UNC School of Government related to Vice Chairman Newell’s question that PCC had to purchase on state contract. Ms. York confirmed that state contract purchasing is not required if quotes are obtained and the pricing is the same or less than the state contract price. A motion was made by Vice Chairman Newell to appropriate $54,113 to PCC for the purchase of a tractor. A substitute motion was made by Commissioner Kendrick and failed 1-4 to appropriate the $10,000 designated in contingency for PCC’s use for snow removal to PCC to be used anyway deemed fit (toward purchase of new tractor, repair existing tractor). Chairman Puryear, Vice Chairman Newell, Commissioners Clayton and Jeffers cast the dissenting votes. A substitute motion was made by Commissioner Clayton and failed 2-3 to appropriate $49,159 to PCC for purchase of the 55HP John Deere and to add back into the budget two positions: one Building Inspector and an Environmental Health Specialist. Commissioner Jeffers told the group of a complaint received relating to an inspection request for Environmental Health that was not completed for 14 days. Ms. York stated the requested inspection has a standard 2-week response time that has been extended to 3- weeks, with the staffing shortage. Commissioners Clayton and Jeffers voted in support of the motion. Chairman Puryear, Vice Chairman Newell and Commissioner Kendrick cast the dissenting votes. 12 November 2, 2015 11 The original motion by Vice Chairman Newell to appropriate $54,113 to PCC for the purchase of a tractor carried 4-1. Vice Chairman Newell included in his motion that the $10,000 budgeted in contingency for PCC use for snow removal is to be designated to this appropriation. Commissioner Kendrick cast the lone dissenting vote noting his disapproval to spend $54,000 on a tractor when less spending could accomplish the same goal. NEW BUSINESS: SOLID WASTE STUDY TECHNICAL MEMO: Assistant County Manager, Sybil Tate reminded the Board that at its August 17, 2015 meeting, the Board approved hiring Smith&Gardner to conduct a Solid Waste Study. Ms. Tate noted Smith&Gardner has produced a technical memo evaluating the seven options recommended in their proposal. The seven options include the following: • Renegotiate the current franchise agreement with Republic Services • County-owned, County-operated transfer station to transfer waste to an out-of- County facility • County-owned, private-operated transfer station to transfer waste to an out-of- County facility • Private-owned and operated transfer station to transfer waste to an out-of-County facility • Direct haul to Granville County without developing a transfer station • County-owned and operated landfill for County only waste • County-owned, private-operated landfill for County only waste Ms. Tate told the group that of the above seven options, Smith&Gardner recommended further study of the following three options: • Renegotiation of the Franchise Agreement • County-Owned and Private-Operated Transfer Station • Direct Haul to Granville County Ms. Tate stated that once the Board approved the three options for further study, the consultant would conduct a cost-benefit analysis of those options and the analysis would include a 30 year evaluation of the operating and capital costs for both the City and County. Ms. Tate introduced Ms. Joan Smyth, Senior Hydrogeologist and Mr. Mike Brinchek, Senior Project Manager, with Smith&Gardner for questions. Mr. Brinchek gave the Board the following presentation: 13 November 2, 2015 12 14 November 2, 2015 13 15 November 2, 2015 14 16 November 2, 2015 15 17 November 2, 2015 16 A motion was made by Commissioner Kendrick and carried 5-0 to approve the following three options for further study: • Renegotiation of the Franchise Agreement • County-Owned and Private-Operated Transfer Station • Direct Haul to Granville County PERSON COUNTY HEALTH DEPARTMENT WATER SAMPLE FEE REQUESTS: Health Director, Janet Clayton stated that due to the fact that Person County has private drinking water wells in proximity to existing coal ash ponds, the Person County Health Department requested the approval of the addition of two new water sample fees to the County’s Fee Schedule. The North Carolina State Laboratory of Public Health has developed water sampling kits for those individuals who desire resampling of their private wells. There are two testing kits, hexavalent chromium and coal ash water panel. Ms. Clayton noted that on September 28, 2015, the Person County Board of Health approved the two proposed new water sample fees. In accordance with the North Carolina General Statute 130A-39(g), the Board of Health requested the approval of the Board of Commissioners to implement the proposed fees which are listed below: Hexavalent Chromium Water Sample = $95.00 Coal Ash Panel = $110.00 A motion was made by Commissioner Jeffers and carried 5-0 to approve the fees for Hexavalent Chromium Water Sample at $95.00 and Coal Ash Panel at $110.00. INTERNAL SERVICE FUND ORDINANCE: SELF-FUNDED HEALTH INSURANCE PROGRAM: Finance Director, Amy Wehrenberg requested approval of an Internal Service Fund Ordinance as required by N.C.G.S. 159.13.1 that creates the financial plan for all revenues and expenditures that support the self-funded health insurance program for County employees and retirees. The sources of revenue in this fund will primarily include the health contributions from the County, contributions from employees, and contributions from retirees. The uses of expenditures will include any associated fees to administer the program, as well as the actual benefits and claims payments made on behalf of its recipients. Approximate estimate of $2.9M reflects the County’s broker recommendation that was presented and approved by the Board of Commissioners in May of this year. A motion was made by Commissioner Jeffers and carried 5-0 to approve an Internal Service Fund Ordinance as presented. 18 November 2, 2015 17 19 November 2, 2015 18 DISCUSSION FOR FUNDING FOR STUDENTS TO ATTEND THE STUDENTS AGAINST DESTRUCTIVE DECISIONS CONFERENCE: Commissioner Jeffers stated that Ms. Ollie Jeffers requested the County to consider funding two students to attend the Students Against Destructive Decisions (SADD) conference at a cost of $85 each. A motion was made by Commissioner Jeffers and failed 2-3 to fund two students to attend the SADD conference at a total cost of $170 funded from contingency. Commissioners Jeffers and Clayton voted in support of the motion noting the function is educational and an investment in the children. Chairman Puryear, Vice Chairman Newell and Commissioner Kendrick cast the dissenting votes. Commissioner Kendrick stated the SADD conference is not a function of county government and by funding such would open consideration to the many other civic and school clubs to request tax payer funding. Chairman Puryear agreed with Commissioner Kendrick noting Person High School has 27 student organizations and Roxboro Community School has 17 student organizations. Chairman Puryear challenged board members and citizens to contribute through donation to which he presented Ms. Jeffers with his own personal check to fund one of the students to attend the SADD conference. CHAIRMAN’S REPORT: Chairman Puryear reported the Board’s next meeting is scheduled for 9:00am November 16, 2015 in the County Auditorium to accommodate the high school students participating in Local Government Day. MANAGER’S REPORT: County Manager, Heidi York reported that following the Board’s regular meeting on November 16th, the Board will meet jointly at 11:00am with the Person County Museum board of directors for a tour of the museum and campus. Ms. York confirmed the Board will meet jointly with members of Roxboro City Council and Person County Business Industrial Center on November 19, 2015 at 8:00am in the Roxboro Police Department’s training room. 20 November 2, 2015 19 COMMISSIONER REPORT/COMMENTS: Commissioner Jeffers reported the following: • He presented the senior center plans approved by the Board to the AARP group noting the seniors’ appreciation to the Board, • Meetings he will attend on November 5, 2015 include: o Senior Center Block Grant meeting at 4:00pm at Senior Center o Environmental meeting at 5:30pm at Tricia’s o Fire Chiefs meeting at 7:00pm at Allensville Fire Dept. Commissioner Clayton shared information from the NC Association of County Commissioners focusing on energy efficient facilities with the Board and staff requesting that this is considered during the construction of the senior center facility. Commissioner Clayton stated he attended the NC Association of County Commissioners’ Environment Committee meeting and learned from the Assistant Director from the Dept. of Environment that there are new landfill rules and regulations requiring new permits and franchise agreement for landfills to remain valid for the life of the landfill. Commissioner Kendrick commented on his recent discussion with Dr. Bartlett, President of Piedmont Community College (PCC) related to the proposed early college and not waiting until the budget time to work on the funding nor the mobile classrooms estimated to cost $400,000 to $500,000. Commissioner Kendrick suggested consideration for a commercial grade metal building on a concrete slab attached to an existing PCC building at an estimated costs of $135sf versus the mobile classrooms. Commissioner Kendrick asked the County Manager to further discuss with Dr. Bartlett as well as Dan Holloman, Superintendent of Person County Schools. County Manager, Heidi York added the proposed early college is projected to open in August 2016 noting Mr. Holloman communicated with her his projected funding request would be $500,000. Commissioner Kendrick requested also that the County convey to school officials to look at the existing facilities to start the early college program so that the Board can have sufficient time to review all options. Commissioner Jeffers recalled an earlier discussion whereby former commissioner Sam Kennington, located a used modular system in Iredell County at a much lower cost. Vice Chairman Newell asked if the early college program had to be located on the college’s campus. Ms. York stated the grant funding for the program mandated the program to be located on school property. Commissioner Kendrick inquired about the former Helena School site being transferred to the schools or PCC for the early college program. Ms. York stated she would communicate the Board’s comments to Dr. Bartlett and Mr. Holloman. 21 November 2, 2015 20 Vice Chairman Newell had not report. ADJOURNMENT: A motion was made by Commissioner Kendrick and carried 5-0 to adjourn the meeting at 8:22pm. _____________________________ ______________________________ Brenda B. Reaves Kyle W. Puryear Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 22 11/16/2015 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund Human Services -12,250 Transportation 1,201 Cultural and Recreation 8,172 REVENUES General Fund Intergovernmental -2,977 Other Revenues 100 EXPENDITURES Person Industries & MRF Fund Community Rehab Prog Services 3,540 REVENUES Person Industries & MRF Fund Intergovernmental 3,540 Explanation: BUDGET AMENDMENT Receipt of grant from State Library for training and travel ($2,400); receipt of additional funding from State Library for FY16 ($5,672); receipt of Library donation ($100); allocation of FY16 ROAP funding (-$7,509) BA-1123 11/16/2015 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund Education 54,114 Contingency (54,114) Explanation: BUDGET AMENDMENT Transfer of funds from contingency to Piedmont Community College Capital Outlay for purchase of tractor and related equipment ($54,114). $10,000 will be transferred from PCC Snow Removal contigency, and $44,114 will be transferred from Drivers Education contingency. BA-PCC Tractor24 APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Approved: ___________________ Date: ___________________ Form Date: July 01, 2011 County: LEA: Address: Contact Person: Title: Phone: Project Title: Location: Type of Facility: North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C-546.2. Further, G.S. 115C-546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds… (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, “Public School Buildings” shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Estimated Costs: Planning and Design Services Purchase of Land New Construction Additions / Renovations Repair Debt Payment / Bond Payment TOTAL Estimated Project Beginning Date:Est. Project Completion Date: We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $_________________________________ from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G.S. 115C-546. (Signature — Chair, County Commissioners)(Date) (Signature — Chair, Board of Education)(Date) $ $ 25 Page 1 of 3 RELOCATION ASSISTANCE PLAN As required under Section 104(d) of the Housing and Community Development Act of 1974 as amended A RESOLUTION OF THE PERSON COUNTY BOARD OF COMMISSIONERS OF ADOPTING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN, AS REQUIRED UNDER SECTION 104(d) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED. WHEREAS, Section 104(d) of the Housing and Community Development Act of 1974, as amended, and implementing regulations require that each applicant for Community Development Block Grant funds must adopt, make public and certify that it is following a residential anti-displacement and relocation assistance plan; and WHEREAS, the County of Person in NC has submitted and received Community Development Block Grant funds from the North Carolina Department of Commerce CDBG Program. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Person County, NC, do hereby adopt the residential antidispla16thcement and relocation assistance plan as described below. RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN Person County will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than as low/moderate income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974 as amended. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, Person County will make public the following information in writing: 1. A description of the proposed activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as LM dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; and 26 Page 2 of 3 6. The basis for concluding that each replacement dwelling unit will remain a LM dwelling unit for at least 10 years from the date of initial occupancy. 7. Information demonstrating that any proposed replacement of housing units with smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units), or any proposed replacement of efficiency or single- room occupancy (SRO) units with units of a different size, is appropriate and consistent with the housing needs and priorities identified in the State of North Carolina's approved Plan. Person County will provide relocation assistance, as described in the ACT and implementing regulations, to each LM household displaced by demolition of housing or by the conversion of a LM dwelling unit to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the ACT, Person County will take the following steps to minimize displacement of persons from their homes when deemed necessary : 1. Coordinate code enforcement with rehabilitation and housing assistance programs. 2. Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent undue financial burden on established owners and tenants. 3. Stage rehabilitation of apartment units to allow tenants to remain in the building/complex during and after the rehabilitation, working with empty units first. 4. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. 5. Adopt policies to identify and mitigate displacement resulting from intensive public investment neighborhoods. 6. Adopt policies which provide reasonable protections for tenants faced with conversion to a condominium or cooperative. 7. Adopt tax assessment policies, such as deferred tax payment plans, to reduce impact of increasing property tax assessments on lower income owner-occupants or tenants in revitalizing areas. 8. Establish counseling centers to provide homeowners and tenants with information on assistance available to help them remain in their neighborhood in the face of revitalization pressures. 27 Page 3 of 3 Passed and adopted by the Board of County Commissioners of the Person County, NC this 16th day of November, 2015. ________________________________________ Kyle Puryear, Chairman Person County Board of Commissioners ATTEST: APPROVED AS TO FORM: _________________________________________ ______________________________ Brenda B. Reaves, Clerk to the Board Ron Aycock, Person County Attorney 28 AGENDA ABSTRACT Meeting Date: November 16, 2015 Agenda Title: Consideration of Approval of Late Exemption Applications Summary of Information: Every year, the tax office receives applications for the Senior, Disabled, Veteran, and Circuit Breaker exemptions that fail to meet the June 1st deadline. In an effort to help inform the public of these exemptions, the tax office mailed information along with our listing forms to 6,000 citizens. We also developed brochures for all three exemption programs which made these programs easier to understand, and passed out over 500 copies. We also included information about these exemptions on the county web site and access to an on-line application form. These efforts resulted in 76 new applications, with 55 approved applications, 21 denied applications (14 were over the income limit) and 12 late applications. The 12 late applications would have been approved if they had been received by the tax office by June 1st. These applications met all requirements, however since these were late, they could not be approved by the tax office. The Board of Commissioners may approve late applications if they are received by December 31st. Since these applications met all guidelines (other than the application deadline), I would recommend approval. I have included a spreadsheet that outlines the tax impact and the reasons for the late applications. I have not included the applications since they include social security numbers and income information. Currently, we have 715 properties that are receiving benefit from these exemptions, which does not include the 12 applications that are submitted for approval today. Recommended Action: Approve applications if appropriate Submitted By: Russell Jones, Tax Administrator 29 TaxpayerApplication TypeApplication DateReason for Late ApplicationMap NumberTax ValueCounty BillCity BillTotal BillTax ValueCounty BillCity BillNew BillSavingsBowes, Brenda PElderly7/13/2015Did not know deadline144 2A99,000693.00693.0049,500346.50346.50346.50Bowes, Rosa & Birch MElderly9/16/2015Did not know deadlineA69 13769,842488.89488.8934,921244.45244.45244.45Brown, VirginiaElderly8/18/2015Did not know deadlineA106 8197,0471,379.331,379.33146,9111,028.381,028.38350.95Burch, Ruth DElderly9/13/2015Did not know deadline87 66125,404877.83877.8362,702438.91438.91438.91Carver, Randall & PollyElderly8/7/2015Only one taxpayer over 65A83 2B72,743509.20509.2038,449269.14269.14240.06Cash, William BElderly9/30/2015Did not know deadlineA64 11956,069392.48392.4828,035196.25196.25196.24Dunkley, LoisElderly8/24/2015Did not know deadlineA91 17 199,612697.28697.2851,017357.12357.12340.17McGhee, Joyce ADisabled9/23/2015Did not know deadline66 6185,607599.25599.2546,635326.45326.45272.80Norwood, StellaElderly8/25/2015Did not know deadline119 553,820376.74355.21731.9526,910188.37177.61365.98365.98Reedy, DavidVeteran6/18/2015Did not know deadlineA62 20098,229687.60687.6053,229372.60372.60315.00Worley, James CElderly9/9/2015Did not know deadlineA65 498130,977916.84916.8467,304471.13471.13445.71Wrenn, Iris & BenElderly6/30/2015Forgot deadline93 3200,0911,400.641,400.64101,722712.05712.05688.589,019.09355.219,374.304,951.35177.615,128.954,245.35Total County Tax Saving to Taxpayer4,067.74Total City Tax Saving to Taxpayer177.61Total Saving To Taxpayer4,245.35Before ExemptionAfter Exemption30 AGENDA ABSTRACT Meeting Date: November 16, 2015 Agenda Title: Tax Adjustments Summary of Information: Attached please find the tax releases and NCVTS motor vehicle pending refunds: 1. November 2015 tax releases. 2. November 2015 North Carolina Vehicle Tax System (NCVTS) pending refunds. Recommended Action: Motion to accept reports and authorize refunds. Submitted By: Russell Jones, Tax Administrator 31 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 11062015 PAGE: 1 ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-" 32079 3022015 FUCHS HERBERT E & MARY ANN THE LANDING/LT2/H&L 32079 302 26262 -112.00 0.00- 0 -6.00-30 0.00 0.00 0.00 0.00 -118.00 15473R 1466 MP 10122015 REASON:DOUBLE BILLED FOR BOAT MOTOR 32079 3022015 FUCHS HERBERT E & MARY ANN THE LANDING/LT2/H&L 32079 302 26262 112.00 0.00- 0 6.00-30 0.00 0.00 0.00 0.00 118.00 15473R 1467 MP 10122015 REASON:NEED TO ADD STORM WATER 32079 3022015 FUCHS HERBERT E & MARY ANN THE LANDING/LT2/H&L 32079 302 26262 -112.00 0.00- 0 0.00-30 0.00 0.00 0.00 0.00 -112.00 15473R 1468 MP 10122015 REASON:DOUBLE BILLED FOR BOAT MOTOR 30528 3012015 BOWERS GARY SCOTT & ALLISON P GENERAL MOORES MT/LT14/H 30528 301 17981 -17.22 0.00- 0 0.00-30 0.00 0.00 0.00 0.00 -17.22 15474R 1469 MP 10122015 REASON:DOUBLE BILLED FOR BOAT MOTOR 13052 1142014 ECCO PROPANE BUSINESS PERSONAL/DISC 13052 114 54303 -297.99 0.00- 0 0.00- 0 0.00 -88.52 0.00 0.00 -386.51 15475R 1491 RH 10192015 -263.73-50 -78.34 0.00 -342.07__________ -728.58 REASON:CORRECTION OF YEAR OF EQUIPMENT 13052 1142014 ECCO PROPANE BUSINESS PERSONAL 13052 114 54302 -108.71 0.00- 0 0.00- 0 0.00 -10.87 0.00 0.00 -119.58 15475R 1492 RH 10192015 -102.50-50 -10.25 0.00 -112.75__________ -232.33 REASON:CORRECTION OF YEAR OF EQUIP 13052 1012015 ECCO PROPANE BUSINESS PERSONAL 13052 101 33168 -105.84 0.00- 0 0.00- 0 0.00 -10.58 0.00 0.00 -116.42 15477R 1493 RH 10192015 -99.80-50 -9.98 0.00 -109.78__________ -226.20 REASON:CORRECTION OF EQUIP YEAR 13940 1022015 ALTEC CAP TRUST/ADV PROPERTY BUS PERSONAL/DISC IRP 13940 102 33418 -1946.92 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -1946.92 15478R 1495 RH 10192015 -1835.66-50 0.00 0.00 -1835.66__________ -3782.58 REASON:DELETE 3 IRP VEH BILLED IN RANDOLPH COUNTY 13940 1022015 ALTEC CAP TRUST/ADV PROPERTY BUS PERSONAL/DISC IRP 13940 102 33418 -71.60 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -71.60 15479R 1496 RH 10202015 -67.50-50 0.00 0.00 -67.50__________ -139.10 REASON:CORRECTION OF YEAR ON 2 VEH 59762 1132013 BOWEN LARRY PERSONAL/BOAT 59762 113 51608 -28.21 0.00- 0 0.00- 0 0.00 -2.82 -5.45 0.00 -36.48 15479R 1497 MP 10212015 REASON:BOAT SOLD 59762 1142014 BOWEN LARRY PERSONAL/BOAT 59762 114 54478 -71.12 0.00- 0 0.00- 0 0.00 -7.11 -6.87 0.00 -85.10 15480R 1498 MP 10212015 REASON:SOLD BOAT 59762 2012015 BOWEN LARRY PERSONAL/BOAT 59762 201 37043 -69.23 0.00- 0 0.00- 0 0.00 -6.92 0.00 0.00 -76.15 15481R 1499 MP 10212015 REASON:SOLD BOAT 2684 3012015 WHITFIELD D L CHILDREN DEF/T344&69/100ACRES 2684 301 7427 -42.70 0.00- 0 0.00-30 0.00 0.00 0.00 0.00 -42.70 15482R 1509 CW 10222015 REASON:REMOVED 2 BULK BARNS FOR 2015 37612 1012015 ROSES CLEANING BUSINESS PERSONAL 37612 101 33013 -7.18 0.00- 0 0.00- 0 0.00 -0.72 0.00 0.00 -7.90 15483R 1520 RH 10282015 REASON:BUSINESS CLOSED NEVER OPENED 37612 1142014 ROSES CLEANING BUSINESS PERSONAL 37612 114 54298 -7.18 0.00- 0 0.00- 0 0.00 -0.72 -0.70 0.00 -8.60 15484R 1521 RH 10282015 REASON:BUSINESS CLOSED NEVER OPENED 5955 1142014 WIGFALL MARGARET HOUSE & LOT 5955 114 55222 -0.79 0.00- 0 -0.02-30 0.00 0.00 0.00 0.00 -0.81 2014R 1532 SRJ 10302015 REASON:UNDER ONE DOLLAR 1567 3042015 CLAY AUSTIN B DEF/T 23 ACRES 1567 304 17042 -0.34 0.00- 0 -0.07-30 0.00 0.00 0.00 0.00 -0.41 2015R 1533 SRJ 10302015 REASON:UNDER ONE DOLLAR 32 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 11062015 PAGE: 2 TRANSACTION TOTALS PAGE TRANSACTIONS FROM 1 THROUGH 1538 IN SY0:TAX .MOD AMOUNTS FROM -999999999.99 THROUGH 999999999.99TRANSACTION TYPES:R TRANSACTIONS 10102015->99992027 0 PAYMENTS 0 DISC/CORR 17 RELEASES TOTAL CREDIT NET CREDIT (PAYMENT+RELEASE) (TOTAL-DISC/CORR)PERSON COUNTY TAX OFFICE 0.00 0.00 -2887.03 2887.03 2887.03LATE LISTING 0.00 0.00 -128.26 128.26 128.26 DOG 0.00 0.00 0.00 0.00 0.00 CODE DISTRICT NAME 30 STORMWATER FEE 0.00 0.00 -0.09 0.09 0.09 --------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -3015.38 3015.38 3015.38 STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00 DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 -13.02 13.02 13.02LIEN SALE COST 0.00 0.00 0.00 0.00 0.00 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -3028.40 3028.40 3028.40 50 CITY OF ROXBORO 0.00 0.00 -2369.19 2369.19 2369.19LATE LISTING 0.00 0.00 -98.57 98.57 98.57 --------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -2467.76 2467.76 2467.76 DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 0.00 0.00 0.00 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -2467.76 2467.76 2467.76 TOTAL TAXES 0.00 0.00 -5483.14 5483.14 5483.14TOTAL LIEN COST 0.00 0.00 0.00 0.00 0.00TOTAL DISCOUNT 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST 0.00 0.00 -13.02 13.02 13.02 TOTAL STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00 =============== =============== =============== =============== =============== GRAND TOTAL 0.00 0.00 -5496.16 5496.16 5496.16 33 Payee Name Address 3Status Refund ReasonCreate DateTax Jurisdiction Levy Type Change Total Change01Tax ($54.19) ($54.19)$54.1901Tax ($40.21) ($40.21)$40.2101Tax ($3.55) ($3.55)50Tax ($3.35) ($3.35)50 Vehicle Fee $0.00$0.00$6.9001Tax ($33.02) ($33.02)50Tax ($31.13) ($31.13)50 Vehicle Fee $0.00$0.00$64.1501Tax ($44.62) ($44.62)50Tax ($42.07) ($42.07)50 Vehicle Fee $0.00$0.00$86.6901Tax ($76.96) ($76.96)$76.9601Tax ($16.97) ($16.97)$16.9701Tax ($9.86) ($9.86)$9.8601Tax ($113.68) ($113.68)$113.6801Tax ($34.93) ($34.93)$34.9301Tax ($41.01) ($43.06)$43.0601Tax ($8.90) ($8.90)50Tax ($8.39) ($8.39)50 Vehicle Fee $0.00$0.00$17.2901Tax ($30.38) ($30.38)50Tax ($28.65) ($28.65)50 Vehicle Fee $0.00$0.00$59.0301Tax ($23.38) ($23.38)$23.38LAWSON, MICHAEL RALEIGH, NC 27613Proration AUTHORIZED Vehicle Totalled10/21/2015KNOTT, JACKIE ROXBORO, NC 27573Proration AUTHORIZED Vehicle Sold 10/22/2015Vehicle Sold 10/13/2015AUTHORIZEDJACOBS, WAYMAN ROXBORO, NC 27573ProrationVehicle Sold 10/20/2015AUTHORIZEDHAYES, CHARLES HURDLE MILLS, NC 27541ProrationOver Assessment11/02/2015AUTHORIZEDHALL, ROBERT ROXBORO, NC 27574Adjustment < $100FOX, EARL ROXBORO, NC 27574Proration AUTHORIZED Vehicle Sold 10/19/2015FITZGERALD, WANDA TIMBERLAKE, NC 27583Proration AUTHORIZED Vehicle Totalled10/30/2015ELLIS, JAMES ROUGEMONT, NC 27572Proration AUTHORIZED Vehicle Sold 10/12/2015Vehicle Sold 11/04/2015AUTHORIZEDDAVIS, EDNA TIMBERLAKE, NC 27583ProrationDAVENPORT, DAVID ROXBORO, NC 27573Proration AUTHORIZED Vehicle Sold 10/13/2015DAVENPORT, DAVID ROXBORO, NC 27573Proration AUTHORIZED Vehicle Sold 10/13/2015Vehicle Sold 10/28/2015BOYD, CATHY ROXBORO, NC 27573Proration AUTHORIZED Vehicle Totalled10/23/2015AUTHORIZEDBOWES, DOUGLAS TIMBERLAKE, NC 27583ProrationANDERSON, CARL ROXBORO, NC 27573Proration AUTHORIZED Vehicle Totalled10/19/2015Refund Type34 Payee Name Address 3Status Refund ReasonCreate DateTax Jurisdiction Levy Type Change Total ChangeRefund Type01Tax ($9.73) ($9.73)$9.7301Tax ($63.93) ($63.93)$63.9301Tax ($158.23) ($158.23)$158.2301Tax ($51.82) ($51.82)$51.8201Tax ($13.18) ($13.84)$13.8401Tax ($20.77) ($20.77)$20.7701Tax ($41.40) ($41.40)$41.4001Tax ($11.90) ($11.90)$11.9001Tax ($6.42) ($6.42)$6.4201Tax ($25.68) ($25.68)$25.6801Tax ($6.30) ($6.30)$6.30Over Assessment10/20/2015AUTHORIZEDWOMELDORF, WESLEY TIMBERLAKE, NC 27583Adjustment < $100Vehicle Sold 10/22/2015WADE, ROBERT ROXBORO, NC 27573Proration AUTHORIZED Vehicle Sold 10/22/2015AUTHORIZEDWADE, ROBERT ROXBORO, NC 27573ProrationTHOMAS, RUSSELL ROXBORO, NC 27574Proration AUTHORIZED Vehicle Totalled11/03/2015Vehicle Sold 10/14/2015SMITH, COURTNEY TIMBERLAKE, NC 27583Proration AUTHORIZED Vehicle Sold 10/29/2015AUTHORIZEDSHORT, FRANCES ROXBORO, NC 27574ProrationSHELOR, JAMES TIMBERLAKE, NC 27583Proration AUTHORIZED Vehicle Sold 10/13/2015PARRISH, BRITTNEY ROXBORO, NC 27574Proration AUTHORIZED Vehicle Sold 10/12/2015MATHIS, JAMES ROXBORO, NC 27574Proration AUTHORIZED Vehicle Sold 11/02/2015MARSHALL, LARRY ROXBORO, NC 27574Proration AUTHORIZED Vehicle Sold 10/19/2015LONG, ANGEL ROXBORO, NC 27574Proration AUTHORIZED Vehicle Sold 10/22/201535 AGENDA ABSTRACT Meeting Date: November 16, 2015 Agenda Title: Review of County’s Ordinance Permitting the Posting of Signs to Prohibit the Carrying of Concealed Handguns on County Property Summary of Information: At the Board’s November 2nd meeting, public comments were received related to the County’s signage prohibiting concealed handguns. Commissioners asked that this item be brought back for discussion by the Board. Currently, there is a 1995 Ordinance in place to permit the posting of County property stating that the carrying of concealed handguns on the posted premises violates NC General Statute Chapter 14, Article 54B. If it is the desire of the majority of the Commissioners to change this prohibition, there are several options that the Board can consider: Option 1- Repeal the current Ordinance. This would have the effect of allowing concealed, permitted handguns on all County properties. Option 2 - Amend the existing Ordinance and revise the wording of the signage to include “unless authorized by a concealed weapon permit.” Option 3- Amend the existing Ordinance to allow concealed weapons except for recreational facilities. A definition would need to be included in the revised ordinance for recreational facilities. Option 4- Amend the existing Ordinance to allow concealed weapons except for specific sites and/or buildings that are explicitly named in the ordinance. These might include certain departments (Social Services? Library?, etc.). We are also providing a more formal legal memo explaining the status of the law after the 2008 US Supreme Court decision and recent legislation passed by the NC General Assembly. Recommended Action: Direct staff on what changes the Board would like to make. Submitted By: Ron Aycock, County Attorney 36 37 To: Board of County Commissioners and Manager From: C. Ronald Aycock County Attorney Re: Local Government regulation of Concealed weapons in NC after “Heller” Date: November 5, 2015 I General authority of Local Governments to regulate as authorized by state law and limited by the US Constitution As counter intuitive as it may seem, in the US intergovernmental system the states have more legal power than the federal government. The federal government’s power is limited to that which the states ceded to it when the US Constitution was adopted. The states have all the residual power and are limited only by provisions like the second amendment to the US constitution’s “right to bear arms”. Local governments have only the power granted by the states. Thus in the context of the regulation of “concealed carry of weapons”, the state of NC may provide for any regulation of concealed weapons either directly or by granting that power to local governments. That regulation is limited only by provisions of the US Constitution i.e., the second amendment. The state may also specifically prohibit or limit local governments from regulation as NC has in the case of concealed weapons. II 2008 US Supreme Court Decision in District of Columbia vs. Heller The “Heller” case held for the first time that the second amendment conferred upon INDIVIDUALS the right to bear arms. The facts of the case revolved around self-defense in your home. There was also suggestion that the right extended beyond the home but that was not clearly defined. The court did state that it was not holding that a state (or local government) was prohibited from regulating (carry) in schools and government buildings. Thus, even though the Supreme Court held that there was a constitutional right to bear arms it did not prohibit regulation of “carry” in government buildings and facilities. III State Legislative regulation and local governments The NC General Assembly has passed legislation to permit local Governments to regulate the “carry” of concealed weapons on “local government buildings and their appurtenant premises”. In 2013 that authority was limited as applied to recreation facilities. (See below). Local Government was also limited in legislation passed in 2012 to disallow local regulation of lawfully possessed firearms when an emergency was proclaimed. This legislation related to emergencies was enacted in response to a federal court case (Bateman v. Perdue). Thus the authority for counties to act to regulate concealed carry of weapons is limited to the prohibition of concealed carry in county buildings and their appurtenant premises (parking lots, etc.) and to a limited extend on recreational facilities. Person County enacted a concealed carry prohibition in December 1995. That ordinance applies to all county buildings. The ordinance has in effect been amended by the state legislative action to conform to the restrictions on regulation on recreational facilities. In other areas of state law there is a general prohibition of concealed carry in schools and law enforcement facilities. 38 RECREATIONAL FACILITIES LIMITATION The prohibition on regulation of concealed carry on recreational facilities is very detailed. It is clear that certain areas and activities are intended to allow concealed carry and local governments may not restrict that right. Important details are: 1- The recreational facility where concealed carry is prohibited must be specifically identified. That means that each recreational area must be identified in any ordinance and signed. For example each area must be identified such as a gymnasium, the new little league grounds, tennis court and other athletic fields , specific athletic fields at county parks and athletic fields at any leased location used by the county recreation department. Whether or not recreational facilities used at facilities owned by the public schools must be specifically specified would depend on the exact nature of the agreement between the County and the Schools 2- Any prohibition on concealed carry would be effective only “during an organized athletic event” if the event has been scheduled by the County. There would be no prohibition during any “free play” time. 3- Even if a local government has legally prohibited concealed carry at a recreational facility, a person with a concealed carry permit may still have a weapon in a vehicle so long as it is in a secured area of the vehicle. 4- A notice of the prohibition of concealed carry must be posted at each recreational facility 5- Absolutely no prohibition is authorized on any greenway, biking or walking path even if not formally designated as such, any open area or field where athletic events may occur but are not specifically scheduled for an athletic event, or any other area not specifically authorized to be regulated. 6- No prohibition would be allowed at a playground where no athletic events are scheduled such as a “tot lot” 7- “Free play” at tennis courts could not have a prohibition on concealed carry. PLEASE NOTE- The existing concealed carry prohibition at recreational facilities is not effective if there is not a posting at each facility. REGULATION MAY BE SPECIFIC AS TO LOCATION OR IT MAY GENERALLY PROHIBIT CONCEALED CARRY ON ALL COUNTY BUILDINGS If the County desires to regulate concealed carry it may do so by a general prohibition of concealed carry in all county buildings AND it must also specify which County recreational facilities. If the County desires to regulate only in specific County Buildings it must specify those buildings such as the library building on X street , The Human Services Building on Y street, the Tax and Register of Deeds Building on Z street, The Kirby building on W street AND Recreational facilities at the following locations … 39 Concealed and open carry regulations of local government Open carry 14-409.40(f) Prohibiting open carry / possession in/on their “public property” (f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14- 277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in states of emergency declared under Article 1A of Chapter 166A of the General Statutes. Concealed carry 14-415.23. Statewide uniformity. (a) It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14-415.11(c), on local government buildings and their appurtenant premises. (b) A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may, nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. (c) For purposes of this section, the term "recreational facilities" includes only the following: (1) An athletic field, including any appurtenant facilities such as restrooms, during an organized athletic event if the field had been scheduled for use with the municipality or county office responsible for operation of the park or recreational area. (2) A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool. (3) A facility used for athletic events, including, but not limited to, a gymnasium. (d) For the purposes of this section, the term "recreational facilities" does not include any greenway, designated biking or walking path, an area that is customarily used as a walkway or bike path although not specifically designated for such use, open areas or fields where athletic events may occur unless the area qualifies as an "athletic field" pursuant to subdivision (1) of subsection (c) of this section, and any other area that is not specifically described in subsection (c) of this section. (1995, c. 398, s. 1; 2011-268, s. 21(b); 2013-369, s. 6.) 40 AGENDA ABSTRACT Meeting Date: November 16, 2015 Agenda Title: Proposal for Engineering and Design Services for the Senior Center Summary of Information: The Board authorized the Manager to issue a Request for Proposals and select an architectural firm for the Senior Center Project. Through a competitive evaluation process, HH Architecture, PA was selected to provide design and construction administration services for this project. At the Board’s October 5th meeting, by a vote of 5-0, the Board elected to demolish the existing two-story 12,000SF building and construct a new one-story 12,000SF building. In addition to the new Center, the Board requested the design of a park to be located on a vacant lot along Depot Street. Attached is the proposal for design services which includes five phases: Schematic Design; Design Development; Construction Documents; Construction Administration; and Closeout. A list of consultants to be used on the project as well as a proposed time frame is included. For this scope of services the total cost is $315,200. The County will need to advance funds from the General Fund to cover this cost and will receive reimbursement once the financing of the project is secured. Recommended Action: Authorize the County Manager to execute the agreement with HH Architecture Submitted By: Heidi York, County Manager 41 42 November 3, 2015 Ray Foushee General Services Director Person County 304 South Morgan Street Roxboro, NC 27573 RE: Person County Senior Center- Amendment #2 HH Project number: 15-056 Dear Mr. Foushee, HH Architecture is pleased to present this proposal for the design of the new Person County Senior Center. Basic scope: As a result of the structural assessment and hazardous material testing performed on the existing structure in the prior phase, Person County (Owner) has elected to demolish the existing two-story 12,000 SF building and construct a new one-story 12,000 SF building to be the new Person County Senior Center. HH Architecture, along with its consultants, has been selected to provide design and construction administration services for this new center. Spaces to be included in this new center include the following: • Lobby • Offices • Conference Room • Fitness Room • Craft Room (no kiln) • Kitchen (light commercial) • Game Room • Restrooms In addition to the new center, the Owner has requested that the design team design a new park to be located on a vacated lot adjacent to the building site (along Depot Street). This site is approximately 1/3 of an acre with 100 linear feet of frontage along Depot Street. 43 Architectural design includes: • Overall leader of the project • Confirm programmatic requirements • Conduct meetings with Owner and stakeholders • Design the 12,000 sf center • Provide code summary and compliance • Coordinate all disciplines of design • Present work at each of the phases • Secure approvals from all AHJs • Assist with questions • Provide cost estimates at each phase • Assist with bidding • Oversee construction • Oversee closeout Mechanical scope includes: • Air handling and heat transfer systems • HVAC controls design • Specialty equipment HVAC infrastructure design Electrical scope includes: • Power, lighting, and fire alarm systems • Electrical site utilities limited to the site lighting and secondary distribution beyond the transformer • Design for special systems (A/V, voice reinforcement, security, etc.) to include empty raceway system for future inclusion of cabling and equipment by Owner • Design for telecommunication shall include passive equipment only (outlets and associated cabling in structured raceway/cabletray systems terminating at patch panels) • Fiber (data) and copper (telephone) backbones • Specialty equipment electrical infrastructure design Plumbing scope includes: • Domestic water systems design within the extents of the building • Sanitary waste system design within the extents of the building • Roof drainage design limited to piping only within the extents of the building • Natural gas piping design limited to piping beyond the load side of the meter • Specialty equipment plumbing infrastructure design Fire protection scope includes: • Code required fire sprinkler design within and beneath the extents of the building (final design will be by Contractor) Structural scope includes: • One-story structure with a structural steel frame • Exterior wall to consist of cold-formed metal framing with brick veneer • Roof to consist of steel joists supporting a metal roof deck • Slab-on-grade foundation • New retaining wall will be required along the back of the new structure due to the modified building elevation and existing grade • Assumes that the Owner will provide a project specific geotechnical report 44 Site/Civil and Landscape Architecture scope to include: • Demolition plan • Construction staging plan • Sediment and erosion control plan • Site plan • Grading and drainage plan • Site utility plan • Park layout and materials plan • Landscape plan Additional scope: • Hazardous Materials Abatement Design/Testing for Existing Structure o Survey to identify asbestos-containing roof materials o Prepare asbestos and lead-based paint abatement plan for abatement contractor o Asbestos abatement air monitoring and lead-based paint clearance testing during and after removal of materials • 3D Building Renderings o Provide two (2) 3D exterior views and one (1) 3D interior view of the new building • Rendered Site Plan o Fine rendered 2D site plan in color • Irrigation Design o Complete irrigation design indicating head, static pressure line, valves, time clock, back flow prevention and meter location suitable for bid and compliant with local municipality • Existing Site Conditions Survey o Survey of existing site conditions including the following features:  Buildings, sidewalks, curb/gutter, paving, drainage features, concrete slabs, fences, specimen trees, visible utility structures (i.e. fire hydrants, power poles, manholes, vaults, traffic signal cabinets, valves, etc.), elevations of storm/sanitary structures, pipe sizes, etc. • Subsurface Utility Designation o Identify utilities both aerial and underground within the project limits o Contact and meet with all representatives operating facilities with the project area o Collect copies of all utility records located within the project area o Determine the existence and horizontal position of underground utilities 45 Phases: Schematic Design (SD): Perform preliminary code analysis. Provide written project narrative, site plan, building floor plans, and cost estimate. Attend all meetings required by Owner. Submit to Owner and AHJ and coordinate for approval. Design Development (DD): Respond to all SD comments. Continue design process in all disciplines. Provide outline specifications, code summary sheet, site plans, floor plans, and wall sections. Provide room/door schedules, engineering drawings, and cost estimate. Attend all meetings required by Owner. Submit to Owner and AHJ and coordinate for approval. Construction Documents (CD): Respond to all DD comments. Provide full working drawings and specifications. Submit to Owner/AHJ/NCDOI and coordinate for approval. Provide cost estimate. Attend/lead all meetings required by Owner. Bidding: Lead and administer the Bidding and Negotiation process. Construction Administration (CA): Basic fee includes construction administration for an estimated duration of ten (10) months. Perform architectural coordination, submittal review, and related Construction Administration. Lead the pre-construction meeting. Provide weekly jobsite visits (up to 44 visits anticipated) and lead monthly construction meetings (up to 10 meetings anticipated), punch list and final inspection. Closeout (CO): Record drawings and closeout of project. Fee: For the above scope, we propose the following fees: Basic Fee Schematic Design $ 38,300 Design Development $ 51,100 Construction Documents $ 80,400 Bidding $ 14,400 Construction Administration $ 84,000 Closeout $ 10,400 Subtotal Basic Fee $ 278,600 Additional Fee Hazardous Materials Abatement Design $ 4,500 3D Building Renderings $ 7,200 Rendered Site Plan $ 2,600 Irrigation Design $ 2,600 Existing Site Conditions Survey $ 11,400 Subsurface Utility Designation $ 8,300 Subtotal Additional Fee $ 36,600 Total Basic plus Additional $ 315,200 46 Consultants: For Plumbing, Mechanical, and Electrical Engineering, we propose: Stanford White PO Box 19944 Raleigh, NC 27619 Contact: Daniel Robertson, PE, LEED AP hdrobertson@stanfordwhite.com 919-832-8118 For Structural Engineering, we propose: Stroud Pence and Associates 4904 Professional Court, Suite 200, Raleigh, NC 27609 Contact: Anna Lynch, PE alynch@stroudpence.com 919-782-1833 For Site/Civil Engineering and Landscape Architecture, we propose: Surface 678, PA 215 Morris Street, Suite 150, Durham, NC 27701 Contact: M. Eric Davis, ASLA, LEED AP edavis@surface678.com 919-419-1199 For Environmental Design, we propose: Matrix Health and Safety Consultants, LLC 2900 Yonkers Road, Raleigh NC 27604 Contact: Todd E. Daugherty, Principal todd.d@matrixhsc.com 919- 833-2520 Schedule: Schematic Design 8 weeks Owner Review 4 weeks* Design Development 10 weeks Owner Review 4 weeks* Construction Documents 12 weeks Owner and Permit Review 8 weeks* Final Bid Set 2 weeks Bidding 4 weeks Contract 4 weeks Construction 44 weeks Closeout 4 weeks * These are anticipated review times and are out of HH Architecture’s control 47 Exclusions: • Increase or change of scope detailed above • Additional meetings beyond the included above • Permit fees • Fundraising assistance • Furniture, fixtures, and equipment selection • Special inspections • Emergency generator design • Audio-visual design • Security and voice reinforcement wiring/equipment design • Kitchen layout design (to be provided by vendor) • Site lighting design • Geotechnical analysis (Owner to provide) • Site environmental studies and delineations • Natural resource identification (buffers, wetlands, etc.) • LEED design and consultation • Commissioning • Life Cycle Cost Analysis • Energy modeling • Daylighting modeling • Assessment of other existing buildings or structures • All other services not listed above Please let me know if you need additional information. Thank you very much for this opportunity. We are excited to begin the design of this project! Sincerely, Kristen M. Hess, AIA, LEED AP Principal 48 AGENDA ABSTRACT Meeting Date: October 19, 2015 Agenda Title: Board of Commissioners 2016 Schedule of Meetings Summary of Information: North Carolina General Statute 153A-40 requires the Board of Commissioners to hold a regular meeting at least once a month. Before the Board is a proposed schedule of 2016 meetings dates. To accommodate the Local Government Day participation, the March 14, 2016 meeting is scheduled for the Board’s regular meeting. Person County Schools’ staff has not advised the date of the fall 2016 Local Government Day however staff is anticipating the second Monday. Note: the Board will hold its regular scheduled meetings in its usual Boardroom, Room 215 in the County Office Building unless otherwise posted. As recommended on the Schedule of Meetings, to accommodate attendance, Local Government Day Board meetings will be scheduled to be held in the County Auditorium as the same is done for the Budget Public Hearing. There is no conflict with the proposed schedule related to the following conferences: • NACo Legislative Conference February 20-24 in Washington DC • NACo Annual Conference July 22-25 in Long Beach, CA • NCACC Conference August 10-14 in Winston Salem, NC Recommended Action: Consider the proposed dates and take action to set the 2016 Schedule of Meetings so to cause copy of such to be distributed and posted on the bulletin board and county website. Submitted By: Brenda B. Reaves, Clerk to the Board 49 Person County Board of Commissioners 2016 Schedule of Meetings To be held in Room 215 at the Person County Office Building unless otherwise noted January 4, 2016 7:00 p.m. January 19, 2016 (Tuesday) 9:00 a.m. February 1, 2016 (Annual Board Retreat) 9:00 a.m. Kirby Rebirth February 15, 2016 9:00 a.m. March 14, 2016 (Local Gov’t. Day) 9:00 a.m. Co. Auditorium April 4, 2016 7:00 p.m. April 18, 2016 9:00 a.m. May 2, 2016 7:00 p.m. May 16, 2016 9:00 a.m. June 6, 2016 7:00 p.m. Co. Auditorium June 20, 2016 9:00 a.m. July 18, 2016 9:00 a.m. August 1, 2016 7:00 p.m. August 15, 2016 9:00 a.m. September 6, 2016 (Tuesday) 7:00 p.m. September 19, 2016 9:00 a.m. October 3, 2016 7:00 p.m. October 17, 2016 9:00 a.m. November 14, 2016 (Local Gov’t. Day) 9:00 a.m. Co. Auditorium December 5, 2016 (Organizational Meeting) 6:00 p.m. (Regular Meeting) 7:00 p.m. Proposed for ADOPTION by The Board of Commissioners on November 16, 2015. 50 AGENDA ABSTRACT Meeting Date: November 16, 2015 Agenda Title: Adoption of the Fiscal Year 2016-2017 Budget Calendar Summary of Information: A budget calendar has been developed for the Board’s adoption, outlining a schedule for the timing of the budget process. A Board Retreat is proposed for February 1st, along with the Capital Improvement Plan adoption in April, Presentation of the Recommended Budget in May, a required Public Hearing on June 6th and Adoption of the FY16-17 Annual Budget for June 20th. The dates outlined are subject to change if needed, but this will facilitate an organized budget process for staff and elected officials. Recommended Action: Adopt the budget calendar for FY16-17 and provide feedback and changes to staff as needed. Submitted By: Heidi York, County Manager 51 PERSON COUNTY GOVERNMENT FISCAL YEAR 2016-2017 BUDGET CALENDAR Date Task Monday/January 4, 2016 Distribution of CIP Requests to Departments Tuesday/January 19, 2016 CIP Requests due to Asst. County Manager Mon/Feb. 1, 2016* Board of County Commissioners Annual Retreat Monday/Feb 8, 2016 Distribution of budget training manual and fee schedule requests to departments Wednesday/Feb 24, 2016 Departmental budget requests for operating & capital due to Finance, fee schedule requests due to Assistant County Manager and personnel requests due to Human Resources Mon-Fri/March 14-24, 2016 Departmental Budget Presentations with County Manager Mon/March 28, 2016 Final insurance costs due Monday/April 4, 2016* FY 16-17 CIP presented to Board of Commissioners at regular BOCC Meeting at 7:00 p.m. Monday/April 18, 2016* Adoption of FY 16-17 CIP Monday/ May 16, 2016* County Manager presents Recommended Budget to Board of County Commissioners Tues-Fri/May 17-June 10, 2016 Potential BOCC Budget work sessions (specific dates to be scheduled) Monday/June 6, 2016* Board of Commissioners holds Public Hearing on Recommended Budget Monday/June 20, 2016* Adoption of FY 16-17 Annual Budget Ordinance Friday/July 1, 2016 FY 16-17 Budget available in Accounting System Monday/July 18, 2016 Adopted budget document finalized and available online * denotes a Board of Commissioners meeting date. 52 53