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Agenda Packet June 17 2013PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 June 17, 2013 9:00 am CALL TO ORDER…………………………………………………. Chairman Clayton INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA PUBLIC HEARING: ITEM #1 Financial Grant Incentive for Project P90X estimated at $531,385 over six years ………………………………………………….. Stuart Gilbert PUBLIC HEARING: ITEM #2 Financial Grant Incentive for Project Line5 estimated at $1,074,290 over ten years ……………………………………………….. Stuart Gilbert 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 APPROVAL OF MINUTES: ITEM #3 May 28, 2013 June 3, 2013 OLD BUSINESS: NEW BUSINESS: ITEM #4 Kerr-Tar Locally Coordinated Human Service Transportation Plan Adoption ……………………….. Mike Cirello & Kathy Adcock ITEM #5 Renewal of CDBG Debarment Certification …………………………… Karen Foster ITEM #6 Request for Special Use Permitting at specific Recreation, Arts, and Parks Facilities and Person County Museum Grounds Including a Special Use Alcohol Permit and Policy for specific County recreation facilities and an Ordinance Regulating Possession Or Consumption of Malt Beverages or Unfortified Wine on County property ………………………………………………………………. John Hill ITEM #7 Funding Person County’s Pay for Performance Program ………………. Heidi York ITEM #8 Boards and Committees Appointments ……………………………….. Brenda Reaves ITEM #9 Designate NACo Voting Delegate for the 2013 Annual Conference ………………………………………………… Chairman Clayton ITEM #10 Resolution Supporting the NC Rural Center Vacant Building Grant Application for Project P90X …..…………………….. Stuart Gilbert ITEM #11 Fiscal Year 2013-2014 Annual Budget Ordinance …………………….. Heidi York & Amy Wehrenberg ITEM #12 Budget Amendment ……………………………………………...…. Amy Wehrenberg 2 CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS CLOSED SESSIONS: CLOSED SESSION #1 Closed Session per General Statute 143-318.11(a)(4) for the purpose of discussion of matters relating to the location or expansion of industries or other businesses in the county (economic development) ITEM #13 Consideration to Grant or Deny approval of a Financial Grant Incentive for Project P90X estimated at $531,385 over six years …………………………………………….. Chairman Clayton CLOSED SESSION #2 Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 3 AGENDA ABSTRACT Meeting Date: June 17, 2013 Agenda Title: Public Hearing for Person County Financial Grant Incentive for Project P90X Summary Information: At the Board’s May 20, 2013 meeting, action by the Board recessed the public hearing for the financial grant incentive for Project P90X estimated at $531,385 over six years until June 17, 2013 at 9:00 am. Person County Economic Development Director presents at a public hearing a request to obtain financial cash grants over a six year period of time estimated in the amount of $523,000 in financial cash grants, $480,000 in Vacant Building Grant with the NC Rural Center, $150,000 Economic Infrastructure Grant with the NC Rural Center to induce Project P90X to bring an advanced manufacturing facility, new jobs and new investments to Person County. Recommended Action: Conduct a public hearing for providing financial cash grant incentives for Project P90X to create up to 250 new jobs over six years and bring up at least $22 million in new investment to Person County over the next six years. After public comments, please close the public hearing and upon conclusion of the planned Closed Session for economic development I recommend the Board to authorize the Person County Board of Commissioners Chairman to sign written documents with PCBIC and Project P90X in conformance with the financial grant public hearing. Submitted by: Stuart C. Gilbert, Economic Development Director 4 AGENDA ABSTRACT Meeting Date: June 17, 2013 Agenda Title: Public Hearing Financial Grant Incentive for Project Line5 Summary of Information: Project Line5 is a code name of a business that is interested in establishing a new operation in Person County. A public hearing notice has already been provided and a public hearing was scheduled for May 20, 2013. At the Board’s May 20, 2013 meeting, action was taken to recess the public hearing for the financial grant incentive for Project Line5 estimated at $1,074,290 over ten years to June 17, 2013 at 9:00 am. Recommended Action: Request the Board of Commissioners to recess the public hearing until July 15, 2013 at 9:00 am per the request of company representatives for Project Line5. Submitted By: Stuart C. Gilbert, Person County Economic Development Director 5 May 28, 2013 1 PERSON COUNTY BOARD OF COMMISSIONERS MAY 28, 2013 MEMBERS PRESENT OTHERS PRESENT Jimmy B. Clayton Heidi York, County Manager Kyle W. Puryear B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Frances P. Blalock David Newell, Sr. The Board of Commissioners for the County of Person, North Carolina, met in recessed session on Tuesday, May 28, 2013 at 6:00 pm in the Commissioners’ meeting room in the Person County Office Building for the purpose of a budget work session. Chairman Clayton called the meeting to order. Commissioner Puryear was absent until 6:58 pm. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Vice Chairman Jeffers, and carried 4-0 to approve the agenda. County Manager, Heidi York informed the Board that a folder was added to their Drop Box named Budget 2013-14 which contains a file with on-going follow-up questions from commissioners regarding the FY13-14 proposed budget. Ms. York stated at each commissioner’s seat are handouts with slides related to Tax Revenues that will be presented by Russell Jones, Employee Insurance Costs as will be presented by Amy Wehrenberg and New Position Requests outlining the positions recommended and not recommended in the Manager’s proposed budget. TAX REVENUES: County Manager, Heidi York along with Tax Administrator, Russell Jones led the group in the discussion about the County’s tax revenue noting impacts to the revenues included the recent revaluation and the proposed new DMV system projected to go live September 1, 2013 as well as the adjustments made by the Board of Equalization and Review. Mr. Jones presented the following information: 6 May 28, 2013 2 7 May 28, 2013 3 Mr. Jones stated, in his opinion, the best revenue neutral rate would be the .6934 which allowed growth but did not include the four months of additional DMV revenues. 8 May 28, 2013 4 Mr. Jones stated confidence that the DMV program would not be delayed again noting there are proponents still in active debate for such action. Mr. Jones noted the extra four months bonus DMV revenue equates to $775,000 for the County; he further noted should the program be delayed the entire fiscal year, the County would be $400,000 to the negative. Ms. York stated funds are set aside to account for a further delay by DMV as well as to counter any negative impact should the state appraised properties values come in lower than anticipated which will not be known until September 2013. 9 May 28, 2013 5 EMPLOYEE INSURANCE COSTS: Finance Director, Amy Wehrenberg presented the following information related to group health insurance impact to the County Manager’s recommended budget: Current Year’s Cost FY 13: $2,268,700 Manager’s Recommended FY 14: $2,380,803 WellPath Group Insurance FY 14: $2,412,624 Changes in amounts & %’s: Manager’s Recommended over FY 2013: $112,103 or a 4.9% increase Wellpath Grp Insur. over Manager’s Recom: $31,821 or a 1.3% increase Wellpath Grp Insurance over FY 2013: $143,924 County Manager, Heidi York confirmed an additional $31,821 in funding is required to balance the Manager’s recommended budget. POSITION REQUESTS: County Manager, Heidi York stated the handout presented related to recommended 9.2 new positions includes the additional costs of the new insurance benefit plan which totaled $2,951. Ms. York explained the Telecommunications new position recommended for a 911 Shift Supervisor has approximately $27,500 funding available from the 911 surcharge/restricted fund to offset the County’s portion. Ms. York noted the two new positions recommended for the Department of Social Services (DSS) are funded 50% by the State and 50% by the County. Ms. York stated the new positions recommended for the Human Resources (HR) and the Info Technology (IT) to begin in January 2014 are tied to the new Munis (HR and Finance) software package which will be implemented over the summer and fall. Ms. York added the IT position(s) will also support the Laser fiche software program for all county departments. 10 May 28, 2013 6 *Cost includes salary and benefits **Positions will begin in January 2014 with full year costs estimated at $41,388 for the HR position and $58,886 for the IT position. *** 100% grant funded position It was the consensus of the Board to approve the 2.2 new positions recommended for the Cooperative Extension department for the Social Worker/Parent Educator and the Sr. Admin Support Specialist, both of which are 100% grant funded. Ms. York noted the grant is for a three-year period and the County will not have any obligations currently or in the future. Positions Recommended FTE DEPT POSITION TITLE COST* 1 Info Technology** IT System Administrator $29,443 1 Info Technology IT User Support Specialist $53,467 1 Human Resources** Human Resources Technician $20,694 1.6 Coop. Ext.*** Social Worker/Parent Educator $82,739 0.6 Coop. Ext.*** Sr. Admin Support Specialist $28,296 1 Telecommunications 911 Shift Supervisor $46,008 1 EMS Compliance Officer $51,320 1 DSS Processing Assistant IV-Service Intake $36,510 1 DSS Income Maintenance Caseworker II - Adult Medicaid $42,292 Offsetting revenues or reductions $185,988 TOTAL $204,781 Positions Not Recommended FTE DEPT POSITION TITLE COST* 8 Sheriff Deputy Sheriff/SRO $351,412 1 Animal Control Animal Services Compliance Officer $41,260 1 DSS Caseworker II – Children’s Medicaid $42,292 1 DSS Processing Assistant III - Clerical $34,154 .4 Coop. Ext. Social Worker/Parent Educator $17,681 .4 Coop. Ext. Sr. Admin Support Specialist $14,859 TOTAL $501,658 11 May 28, 2013 7 Commissioner Blalock requested the Board of Commissioners to hear from the department directors for the justification as to why the new positions are being requested. The following department directors appeared before the Board to describe the roles projected for the new positions requested: IT Director, Gary Latta, HR Director, Angie Warren, Emergency Management Director, Wes Lail along with Telecommunications Director, Tommy Cole and Emergency Medical Services (EMS) Operations Manager Greg White, and Interim DSS Director, Carlton Paylor. Vice Chairman Jeffers requested the County Manager to review the feasibility to transfer current Person Industries’ employee to HR due to HR taking over the PI related duties. Vice Chairman Jeffers asked for additional information related to the EMS debt set off amount and the ability to garnish wages with the assistance of the Tax Office. Commissioners Blalock and Newell were interested in more information related to the outstanding EMS debt, annual billing/collection totals and the period of time debt is carried on the books before being written off. Commissioner Newell requested a copy of the EMS contract with the third party bill collector, NRG as well as more information about transport fees. Vice Chairman Jeffers told the group the DSS position not recommended related to the Children’s Medicaid will be affected with a 30% increase of applicants just as the recommended position for Adult Medicaid as both are impacted by the Affordable Care Act. Commissioner Newell had questions related to the fee schedule, one of which related to the Kirby rental. County Manager, Heidi York noted she would ask the Recreation, Arts and Parks Director, John Hill to come to the next scheduled budget work session prepared to speak to the rental fees of the Kirby as well as to provide a contract for such services for the Board to review and with an overview of the operating costs and revenues for the Kirby. Vice Chairman Jeffers requested options related to 911 dispatchers being put on the same schedule to accommodate the Munis software program. Vice Chairman Jeffers advocated for the volunteer fire departments to be funded at the pre-recession levels before adding the additional funding based on call volume. 12 May 28, 2013 8 Commissioner Puryear asked if there was potential to earn more revenues on the fees related to the Jail concessions and phone cards. Sheriff Dewey Jones commented the County received 13% of concession sales and 25% of phone cards purchased by inmates which are comparable to other jurisdictions based on a review of such last year. Commissioner Puryear asked how much revenue had been taken in for concealed weapon fees. Ms. York stated $47,805 to date has been collected by the Sheriff’s Office for concealed weapon fees noting over one-half of the fee in revenue will be submitted to the State noting the fees for such are regulated by the State. Ms. York asked Commissioner Puryear if he wanted the Tax Administrator to review the Tax Revenue discussion which took place in his absence. Commissioner Puryear stated he would follow up with the County Manager on the discussion he missed. Ms. York reminded the Board the Budget Public Hearing is scheduled to be held at the Board’s next regular scheduled meeting on June 3, 2013 at 7:00 pm in the County Auditorium. Ms. York noted the next scheduled budget work session is scheduled for June 10, 2013 at 6:00 pm in the Commissioners’ meeting room and asked that the Board members would direct any agenda items to her attention for the June 10th work session. ADJOURNMENT: A motion was made by Vice Chairman Jeffers, carried 5-0 to adjourn the meeting at 8:22 pm. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 13 June 3, 2013 1 PERSON COUNTY BOARD OF COMMISSIONERS JUNE 3, 2013 MEMBERS PRESENT OTHERS PRESENT Jimmy B. Clayton Heidi York, County Manager Kyle W. Puryear C. Ronald Aycock, County Attorney B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Frances P. Blalock David Newell, Sr. The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, June 3, 2013 at 7:00 pm in the Person County Office Building Auditorium. Chairman Clayton called the meeting to order, led invocation and the Pledge of Allegiance. Vice Chairman Jeffers attended the meeting via telephone conference call as he was in Washington, DC. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Newell, and carried 5-0 to add an item to the agenda related to compensation for the Board of Equalization and Review. Chairman Clayton requested the Closed Session #3 on the agenda be moved up to be held as the first Closed Session. A motion was made by Commissioner Blalock, and carried 5-0 to approve the agenda as adjusted. PUBLIC HEARING: FISCAL YEAR 2013-2014 BUDGET: A motion was made by Commissioner Puryear, and carried 5-0 to open the duly advertised public hearing related to the Fiscal Year 2013-2014 budget. The following individual spoke in favor of the Fiscal Year 2013-2014 Budget: Mr. Chris Chandler of 5754 Burlington Road, Roxboro advocated for the Board to create a focus group and implement a survey related to improvements/enhancements at the Kirby and requested consideration to dedicate funding for such improvements and delay renovation of the second floor and replacing seating until other items were addressed. Mr. Chandler suggested the Board consider including Kirby improvements in any new loans. The following individuals spoke in opposition to the Fiscal Year 2013-2014 Budget: 14 June 3, 2013 2 Ms. Pat Hill of 916 Mann Oakley Road, Rougemont and Ms. JoAnne Howerton of 191 Lewis Winstead Loop Road, Roxboro both addressed the Board for recycling center funding absent from the budget for expansion and consolidation of the Person Industries main facility and the recycling center into one facility. A motion was made by Commissioner Puryear, and carried 5-0 to close the public hearing for the Fiscal Year 2013-2014 budget. PUBLIC HEARING: REQUEST BY STRATA SOLAR, LLC FOR A SPECIAL USE PERMIT FOR A SOLAR ENERGY GENERATOR ON 30 ACRES OF A 595 ACRE TRACT ON WOODSDALE ROAD (TAX MAP A58 PARCEL 12) WOODSDALE TOWNSHIP, OWNED BY LINDSAY AND JOHN WAGSTAFF: A motion was made by Commissioner Blalock, and carried 5-0 to open the duly advertised public hearing for a request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 30 acres of a 595 acre tract on Woodsdale Road (Tax Map A58 Parcel 12) Woodsdale Township, owned by Lindsay and John Wagstaff. The public hearing set to hear a request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 30 acres of a 595 acre tract on Woodsdale Road (Tax Map A58 Parcel 12) Woodsdale Township, owned by Lindsay and John Wagstaff required a quasi-judicial zoning decision whereby witnesses are to be sworn in and subject to cross examination, no ex parte communication and requires findings of fact. County Attorney, Ron Aycock explained to the group the quasi-judicial process requires witnesses to the sworn to provide testimony whereby the Board sits as a judge and listens to the testimony with no discussions on the topic outside the Board. Chairman Clayton administered the Oath of Sworn Testimony to the following individuals who would offer testimony during the public hearing: Paula Murphy Lance S. Williams Brent Niemann Richard Kirkland Ben Owen Planning Director, Paula Murphy stated the County has received a Special Use Permit request from Strata Solar, LLC, for a solar energy generator on Woodsdale Road (SR 1326). The company will lease thirty plus acres of a 595 acre tract. Electrical Generating Facilities are allowed with a Special Use Permit in the Rural Conservation District. 15 June 3, 2013 3 Ms. Murphy stated the site plan shows the proposed solar panels with up to 27,000 PV solar panels (approximately 62’ x 14.5’), six 750 kw inverters and access to the site. The construction of the project includes erecting erosion control measures, pile driving metal racking (not set in concrete), and installing rows of stationary, silicon based PV solar panels. These are solid state panels with an estimated useful life of more than thirty years. The panels create Direct Current Power which is created onsite through the referenced inverters. Both the panels and inverters are commonly used equipment available through many manufacturers. The power is then sold through a Power Purchase Agreement to Progress Energy. Most aspects of the financial contract are regulated through the North Carolina Utilities Commission. This site is not equipped to store power and does not involve known hazardous materials. Ms. Murphy noted this site will not require a well or septic system. The use will be unmanned and only visited periodically for routine maintenance. Due to the construction of the solar panels, water is able to flow through, therefore, the panels are not considered in impervious calculations for the site. Ms. Murphy further noted the plan shows access to the site off of Woodsdale Road. The drive is shown as 24 feet in width. The Ordinance requires 20 feet for two way travel. The Ordinance also requires that travelways and driveways to be paved which includes a turnaround for emergency vehicles. A driveway permit will have to be obtained from NCDOT. A six foot chain link fence with barbed wire will enclose the facility. PHYSICAL CHARACTERISTICS: Watershed: This property is located in the Roanoke Basin. Flood Hazard: There are no one hundred flood areas on the leased area per FEMA Firm Panel Number 3720090800J. There are numerous streams located on the property. Any streams classified as WS-IV or above will have development restrictions. CHARACTER OF THE SURROUNDING AREA: The property in question consists of 30 acres of a 595 acre tract on Woodsdale Road and is used as farmland with farm buildings and a tenant house. The parcel is predominantly pasture land with some wooded areas. The surrounding uses consist of doublewides, singlewides, large vacant tracts, Georgia Pacific and Piedmont Maintenance Service. ORDINANCE PROVISIONS: Article VII, Section 74-4: Ms. Murphy stated on receiving the recommendation of the Planning Board, the County Commissioners shall consider the application and said recommendation to which the Board may grant or deny the Special Use Permit requested. The Special Use Permit, if granted, shall include such approved plans as may be required. In granting the permit, the County Commissioners shall find: 16 June 3, 2013 4 1. that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2. that the use meets all required conditions and specifications. 3. that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity, and 4. that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan. Ms. Murphy outlined Section 160-5(B) of the Zoning Ordinance which states: “The Planning Board shall provide a written recommendation to the Board of County Commissioners that addresses that the proposed amendment is consistent with the comprehensive plan, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of County Commissioners. Prior to adopting or rejecting any zoning amendment, the Board of County Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and why such action is reasonable and in the public interest. The land in question is listed as Suburban Residential which states “Residential land uses including subdivisions and manufactured home parks at densities of 1-3 dwelling units per acre; commercial, office, industrial, public/institutional uses meeting locational criteria. Locational criteria for non- residential uses within this land use category would include frontage and access to a major State highway or secondary road, proximity to similar uses and spatial separation from non-compatible uses such as existing residential development. Land uses within this category could develop with or without public sewer.” The Land Use Plan in Section 2.1 states “Promote continued economic investment through retention and expansion of existing industrial concerns and the recruitment of new industries and commercial businesses.” Ms. Murphy recommended the Board to include the following conditions should the Board decide to grant approval of the Special Use Permit: 1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to be given to Planning and Zoning prior to issuance of a zoning permit 2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the approved plan and approval letter to be given to Planning and Zoning prior to issuance of Zoning Permit. 3. A final “as built” to be submitted to Planning and Zoning prior to issuance of a Certificate of Occupancy. 4. Access to the site to be minimum of 20 feet in width, parking to accommodate two vehicles (each 9’ x 18’) and turnaround minimum of seventy feet (driving surface) for emergency vehicles. 5. Applicant to obtain all Federal, State and Local permits that are required. 6. Applicant to meet all conditions of the Person County Zoning Ordinance. 7. Applicant will need to obtain a Zoning Permit and Building Permit from Person County prior to any construction. 17 June 3, 2013 5 Ms. Murphy reminded the Board to address the findings of fact in Section 74-4 and whether the plan is in keeping with the comprehensive plan. Ms. Murphy stated should the Board find that the request is not in keeping with the comprehensive plan, the Board may approve the request but to state such. PLANNING BOARD REVIEW: The Planning Board held a Public Hearing on May 9, 2013 and voted 4 to 0 to recommend approval with the conditions outlined above and that it met the findings of fact in Section 74-4 and was in keeping with the comprehensive plan. Commissioner Newell asked Ms. Murphy’s recommendation. Ms. Murphy recommend the Board approve the request with the conditions noting she has been told that some of the land owned by Mr. Wagstaff would not perk which would be difficult in the future unless water and sewer is extended. Vice Chairman Jeffers asked if the barbed wire fence is a requirement by the Planning Board or if the applicant requested such. Ms. Murphy noted zoning does not have a requirement on the type of fence, further noting the Board can set requirement and/or conditions related to the fence since it is a special use permit request. County Manager, Heidi York asked Ms. Murphy if the fence would be the same fence as located at the 501 solar farm. Ms. Murphy and Chairman Clayton stated the fence on the 501 solar farm has a woven wire with barbed wire at the top. Ms. Murphy stated the Strata Solar farm will include a chain link fence with barbed wire. Mr. Lance Williams interjected that the 501 solar farm is not owned by Strata Solar. Vice Chairman Jeffers added he would like the Board to be consistent on what is being approved with the solar farms. Commissioner Blalock asked if the community was made aware of the solar farm. Ms. Murphy stated at the Planning Board Public Hearing in May, the room was full of people. Ms. Murphy illustrated through a large drawing in the room that in the area proposed, there are a lot of large parcels in the area. Commissioner Blalock asked what the community response was at the Planning Board Public Hearing. Ms. Murphy stated residents did not think the solar farms are pretty and would be ugly to look at. Commissioner Blalock asked if there would be any type of buffer. Ms. Murphy stated a buffer is not required. Speaking to the Board as a proponent of the request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 30 acres of a 595 acre tract on Woodsdale Road (Tax Map A58 Parcel 12) Woodsdale Township, owned by Lindsay and John Wagstaff included the following: 18 June 3, 2013 6 Mr. Lance S. Williams of 1119 S. US 15-501 Highway, Chapel Hill and Manager of Site Development for Strata Solar presented to the Clerk to the Board and any commissioners that wished to have copy of affidavits of testimony for himself, Brent Niemann and Richard Kirkland along with an Appraisal Report prepared by Mr. Kirkland. The affidavits include written responses for findings of fact. A copy of such Appraisal Report is incorporated in these minutes by reference and will be on file in the office of the Clerk to the Board. Mr. Williams told the Board that Strata Solar looks for a solar farm to be located in a rural, light residential area, in keeping with rural character noting most company projects are in rural areas. Mr. Williams noted the developed site generally has 2% of impervious surface so there is no effect to the way the water runs off the land. Mr. Williams noted solar farms are a much lesser intensive- use than green houses, barns, houses and subdivisions and compatible in rural areas. Mr. Williams stated the site would be unmanned and maintenance would on a weekly or infrequent basis which would create less traffic on the road than one house. No noises should be heard off-site. Mr. Williams noted the only noise on-site is a hum-noise from the inverter creating current which is not heard more than 150 feet away noting there are no property owners very close in general and not within 150 feet. Mr. Williams noted there would be no odor from the site and also lesser intensive use than the general industrial uses in the area, i.e. Georgia Pacific or as compared to the permitted agricultural uses. Mr. Williams stated that the solar farm use is in compliance with the characteristics of the Person County Land Use Plan. Mr. Williams stated the land uses are typical of a mix of landlord uses with the solar farm allowing for diversification of income with a stable supply of income to supplement more seasonable businesses, for instance, forestry as well as stabilizing the landowner’s ability to hold onto their land. Mr. Williams stated Strata Solar will pay taxes on the equipment although not sure of the exact amount in Person County noted similar projects generally comes to about $30,000. Mr. Williams noted there would not be any requests for county services with a low impact on neighbors noting a $12-$14 million investment. Mr. Williams noted the fence will be a six foot in height with barbed wire further noting solar farms are safe but to defer vandalism and their incumbent duty to keep it safe due to the solar panels will create power for 2,000 houses. Commissioner Blalock asked Mr. Williams the length of the lease. Mr. Williams stated the lease period is for 20-years with two additional 5-year period options. Mr. Williams noted a solar panel has a warranty at the end of 25-years to produce at 85% of its original intended use which could extend the lease period up to 50-years. 19 June 3, 2013 7 Mr. Williams noted the posts are ground mounted, not in concrete, and the receiving area would be set up on logging mats that would be picked up when the company finished with the structure. At the end of the lease period, Mr. Williams stated the land could revert back to original uses or other uses. Mr. Williams stated minor grading will be done only in the area for the inverters so to raise the inverters on gravel so the electrical equipment does not get wet in rain. Commissioner Blalock asked Mr. Williams asked how the grass will be maintained. Mr. Williams stated sheep cannot always keep the growth down so Strata Solar will be using an internal maintenance crew as well as outside landscape contractors to maintain solar farms. Mr. Williams noted while employees are not on site, Strata Solar will have electrical first responders and landscape contractors and other people with businesses in the community to earn income on a periodic basis at the solar farms. Mr. Williams commented Strata Solar will work with the local agricultural extension office and NC State for the best grass option so not to grow high and keep the weeds down noting fescue turns to hay and not the proper appearance. Mr. Williams’ affidavit of record is below: 20 June 3, 2013 8 21 June 3, 2013 9 22 June 3, 2013 10 23 June 3, 2013 11 Mr. Brent Niemann of 1119 S. US 15-501 Highway, Chapel Hill and a licensed NC professional engineer employed by Strata Solar who prepared the plan as submitted stated construction techniques include an evaluation of every site for wetlands and streams. Mr. Niemann noted a couple of features identified on the western side of the site which will not be impacted at all. Mr. Niemann stated plans have been prepared and approval received from DENR for the erosion control permit as well as received approval from NCDOT for the driveway permit noting he will be providing such to Ms. Murphy. Mr. Niemann stated the proposed site was perfect with nice rolling topography, heavily covered with grass currently noting Strata Solar does not like to cut trees. Mr. Niemann noted he met with Mr. Wagstaff and his rancher this past week to discuss opportunities to connect his fence with Strata Solar’s fence to enable Mr. Wagstaff’s cattle to graze around the external area of the solar farm site. Mr. Niemann stated Mr. Wagstaff does raise sheep so Strata Solar will have the opportunity to introduce sheep in a couple of years once the stand of grass is ready for sheep. Mr. Niemann stated the posts would be driven into the ground in about three days using an apparatus that NCDOT uses to drive posts. Attached to the posts will be aluminum racking to which the black panels are installed and wired together underground in tubing for the energy to be transferred from direct current to alternating current overhead to the grid according to Mr. Niemann. Mr. Niemann confirmed the minor grading at the inverter areas to divert the surface drainage. Mr. Niemann noted a turn-around area plus two parking places is included on the plan as Ms. Murphy referred. Mr. Niemann’s affidavit of record is below: 24 June 3, 2013 12 25 June 3, 2013 13 26 June 3, 2013 14 27 June 3, 2013 15 Mr. Richard Kirkland of 3540 Layton Ridge Drive, Apex and a licensed NC real estate appraiser with an MAI Designation hired by Strata Solar to review the impact of a solar farm to adjacent properties. Mr. Kirkland stated he has been a commercial appraiser for sixteen years in NC who has worked with residential, rural and commercial properties and very familiar with the Person County area. In looking at the proposed property, Mr. Kirkland reviewed other solar farms across NC noting solar farms as the proposed are still a fairly new product, breaking out into the market in the last three years to which coincides with the downturn of the residential market with very few land sales which has made the traditional answer for addressing value by matched pair analysis completely ineffectual. Mr. Kirkland stated he reviewed over 25 solar farms to match pairs to which he could not find sales which is not uncommon to residential and rural land which is also hard to find sales the last few years. Mr. Kirkland stated the second step involved reviewing the conditions that would impact the value, i.e., appearance, noise, odor, traffic, things that would trigger an effect on value. Mr. Kirkland noted appearance was a concern at the Planning Board Public Hearing to which he addressed noting the appearance is similar to that of a greenhouse, in fact, a cleaner look because there is less going on around it. Mr. Kirkland noted the blue panels have a glossy look, less than ten feet tall, similarly to the look of a greenhouse (pictures of each are noted in the report). Mr. Kirkland stated the property is located on the west side of Woodsdale Road and is currently used for agriculture and proposed to be developed as a solar farm on roughly 5% of the overall 600-acre tract. Mr. Kirkland noted the property has 41 parcels that adjoin the parent tract of the subject property but only four are located at the proposed solar farm section of the property and are all located across Woodsdale Road to which the appearance condition would be a factor. Mr. Kirkland stated there was no basis for noise or odor coming from the solar farm. Mr. Kirkland commented traffic would be at a minimum and on an infrequent basis for landscaping and such. Mr. Kirkland noted there would be no hazardous material stored on site. Mr. Kirkland concluded that the proposed solar farm is in harmony with the area and will not substantially injure the value of the adjoining properties. Mr. Kirkland identified nothing that would suggest a negative impact and found the use to be compatible with the existing farmland and residential uses. Mr. Kirkland’s affidavit of record is below: 28 June 3, 2013 16 29 June 3, 2013 17 30 June 3, 2013 18 Speaking to the Board as an opponent of the request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 30 acres of a 595 acre tract on Woodsdale Road (Tax Map A58 Parcel 12) Woodsdale Township, owned by Lindsay and John Wagstaff was Mr. Ben Owen of 1168 Woodsdale Road, Roxboro. Mr. Owen stated he was born and raised across the road from the property where the solar farm would be located noting he has always enjoyed sitting on the porch looking at the cows and Hagar’s Mountain in the background. Mr. Owen stated it would not be fun to look at the proposed solar farm. Mr. Owen stated he believed the value of his house might come down. Mr. Clint Lloyd, attorney for the applicant, Strata Solar, interrupted Mr. Owen stating that in a hearing in NC only a real estate appraiser is allowed to speak to the value of land. County Attorney, Ron Aycock stated the attorney is substantially correct but felt the landowner can testify as to his opinion as to the value noting the attorney and the applicant is free to appeal, further noting should the Board of Commissioners grant approval of the request, it would be a moot point. Mr. Lloyd apologized to Mr. Owen for the interruption. Mr. Owen continued to state if he needed to go to a rest home, he believed his property would be hard to sell. Commissioner Puryear asked about a potential glare from the solar panels near Woodsdale Road that could present a safety issue for drivers. Mr. Williams responded the solar panels are designed to absorb light and not deflect light and is viewed more similarly as a body of water noting there are solar farms built around airports across the United States noting corn from a grain field has higher amount of glare than a solar farm. Commissioner Blalock asked Mr. Williams how many acres will the solar farm panels actually cover. Mr. Williams stated the lease is for a little more than 35 acres and the solar panels will cover 28-30 acres of the 600-acre parcel. A motion was made by Commissioner Puryear, and carried 5-0 to close the public hearing for a request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 30 acres of a 595 acre tract on Woodsdale Road (Tax Map A58 Parcel 12) Woodsdale Township, owned by Lindsay and John Wagstaff. 31 June 3, 2013 19 CONSIDERATION TO GRANT OR DENY THE REQUEST BY STRATA SOLAR, LLC FOR A SPECIAL USE PERMIT FOR A SOLAR ENERGY GENERATOR ON 30 ACRES OF A 595 ACRE TRACTON WOODSDALE ROAD (TAX MAP A58 PARCEL 12) WOODSDALE TOWNSHIP, OWNED BY LINDSAY AND JOHN WAGSTAFF: A motion was made by Vice Chairman Jeffers, and carried 5-0 to approve the request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 30 acres of a 595 acre tract on Woodsdale Road (Tax Map A58 Parcel 12) Woodsdale Township, owned by Lindsay and John Wagstaff as recommended by the Planning Board including the conditions as outlined below and agreeing that the request met the findings of fact in Section 74-4 and was in keeping with the comprehensive plan: 1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to be given to Planning and Zoning prior to issuance of a zoning permit. 2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the approved plan and approval letter to be given to Planning and Zoning prior to issuance of Zoning Permit. 3. A final “as built” to be submitted to Planning and Zoning prior to issuance of a Certificate of Occupancy. 4. Access to the site to be minimum of 20 feet in width, parking to accommodate two vehicles (each 9’ x 18’) and turnaround minimum of seventy feet (driving surface) for emergency vehicles. 5. Applicant to obtain all Federal, State and Local permits that are required. 6. Applicant to meet all conditions of the Person County Zoning Ordinance. 7. Applicant will need to obtain a Zoning Permit and Building Permit from Person County prior to any construction. Commissioner Blalock suggested consideration for the company to maybe plant trees across from Mr. Owen’s driveway to possibly block the view of the solar farm. 32 June 3, 2013 20 PUBLIC HEARING: REQUEST BY STRATA SOLAR, LLC FOR A SPECIAL USE PERMIT FOR A SOLAR ENERGY GENERATOR ON 34+ ACRES OF A 479 ACRE TRACT (TAX MAP A68 PARCEL 9) ON BOSTON ROAD, HOLLOWAY TOWNSHIP, OWNED BY MARY WINSTEAD MERRITT: A motion was made by Commissioner Blalock, and carried 5-0 to open the duly advertised public hearing for a request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 34+ acres of a 479 acre tract on Boston Road (Tax Map A68 Parcel 9) Holloway Township, owned by Mary Winstead Merritt. The public hearing set to hear a request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 34+ acres of a 479 acre tract on Boston Road (Tax Map A68 Parcel 9) Holloway Township, owned by Mary Winstead Merritt required a quasi-judicial zoning decision whereby witnesses are to be sworn in and subject to cross examination, no ex parte communication and requires findings of fact. Chairman Clayton administered the Oath of Sworn Testimony to the following individuals who would offer testimony during the public hearing: Paula Murphy Lance S. Williams Brent Niemann Richard Kirkland Planning Director, Paula Murphy stated the County has received a Special Use Permit request from Strata Solar, LLC, for a solar energy generator on Boston Road (US 501). The company will lease 34.83 acres of a 479 acre tract owned by Mary Winstead Merritt. Electrical Generating Facilities are allowed with a Special Use Permit in the Rural Conservation District. The property is currently used as farmland. Ms. Murphy noted the site plan shows the proposed solar panels with up to 27,000 PV solar panels (approximately 62’ x 14.5’), ten 500 kw inverters and access to the site. The construction of the project includes erecting erosion control measures, pile driving metal racking (not set in concrete), and installing rows of stationary, silicon based PV solar panels. These are solid state panels with an estimated useful life of more than thirty years. The panels create Direct Current Power which is created onsite through the referenced inverters. Both the panels and inverters are commonly used equipment available through many manufacturers. The power is then sold through a Power Purchase Agreement to Progress Energy. Most aspects of the financial contract are regulated through the North Carolina Utilities Commission. This site is not equipped to store power and does not involve known hazardous materials. Ms. Murphy stated this site will not require a well or septic system. The use will be unmanned and only visited periodically for routine maintenance. Due to the construction of the solar panels, water is able to flow through, therefore, the panels are not considered in impervious calculations for the site. 33 June 3, 2013 21 Ms. Murphy stated the plan shows access to the site by an existing gravel drive off US 501 with a parking area and a turnaround area for emergency vehicles. The drive is shown as 24 feet in width. The Ordinance requires 20 feet for two way travel. The Ordinance also requires that the entranceway and driving areas to be paved. A driveway permit will have to be obtained from NCDOT. A six foot chain link fence with barbed wire will enclose the facility. Ms. Murphy stated the solar farm as shown on the site plan meets all conditions of the Zoning Ordinance. PHYSICAL CHARACTERISTICS: Watershed: Located in the Roanoke River Basin. Flood Hazard: There are no one hundred flood areas on the leased area per FEMA Firm Panel Number 3720092900J. There are numerous streams located on the property. Any streams classified as WS-IV or above has development restrictions. CHARACTER OF THE SURROUNDING AREA: Ms. Murphy noted the property in question consists of 34.83 acres of a 479 acre tract on Boston Road and is used as farmland. The parcel is predominantly pasture land with some wooded areas. The surrounding uses consist of single family dwellings, farmland and an old Truck Service Building. ORDINANCE PROVISIONS: Article VII, Section 74-4: Ms. Murphy told the Board that on receiving the recommendation of the Planning Board, the County Commissioners shall consider the application and said recommendation to which the Board may grant or deny the Special Use Permit requested. The Special Use Permit, if granted, shall include such approved plans as may be required. In granting the permit, the County Commissioners shall find: 1. that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2. that the use meets all required conditions and specifications. 3. that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity, and 4. that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan. Ms. Murphy stated Section 160-5(B) of the Zoning Ordinance states: “The Planning Board shall provide a written recommendation to the Board of County Commissioners that addresses that the proposed amendment is consistent with the comprehensive plan, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of County Commissioners. Prior to adopting or rejecting any zoning amendment, the Board of County Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and why such action is reasonable and in the public interest. The land in question is listed 34 June 3, 2013 22 as Suburban Residential which states “Residential land uses including subdivisions and manufactured home parks at densities of 1-3 dwelling units per acre; commercial, office, industrial, public/institutional uses meeting locational criteria. Locational criteria for non- residential uses within this land use category would include frontage and access to a major State highway or secondary road, proximity to similar uses and spatial separation from non-compatible uses such as existing residential development. Land uses within this category could develop with or without public sewer.” The Land Use Plan in Section 2.1 states “Promote continued economic investment through retention and expansion of existing industrial concerns and the recruitment of new industries and commercial businesses.” Ms. Murphy stated that should the Board decide to grant approval of the Special Use Permit, the following conditions should be included: 1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to be given to Planning and Zoning prior to issuance of a zoning permit. 2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the approved plan and approval letter to be given to Planning and Zoning prior to issuance of Zoning Permit. 3. A final “as built” to be submitted to Planning and Zoning prior to issuance of a Certificate of Occupancy. 4. Access to the site to be minimum of 20 feet in width, parking to accommodate two vehicles (each 9’ x 18’) and turnaround minimum of seventy feet (driving surface) for emergency vehicles. 5. Applicant to obtain all Federal, State and Local permits that are required. 6. Applicant to meet all conditions of the Person County Zoning Ordinance. 7. Applicant will need to obtain a Zoning Permit and Building Permit from Person County prior to any construction. Ms. Murphy reminded the Board to address the findings of fact in Section 74-4 and whether the plan is consistent with the comprehensive plan. PLANNING BOARD REVIEW: Ms. Murphy stated the Planning Board held a Public Hearing on May 9, 2013 and voted 4 to 0 to recommend approval with the conditions outlined above, that it was in keeping with Section 74-4 and consistent with the comprehensive plan. Ms. Murphy told the group the technology is basically the same for this solar park as presented for the previous request. Commissioner Blalock asked Ms. Murphy if there were any residents to speak at the Planning Board Public Hearing. Ms. Murphy stated there were none to speak noting there were two individuals that attended that were in support of the solar farm. Ms. Murphy showed on a map in the room the footprint is a large parcel to which only a portion will be used with the farm as the majority of surrounding property. Ms. Murphy noted property owners bordering the large parcel were notified. 35 June 3, 2013 23 Commissioner Newell added there are a lot of trees to be moved. It was confirmed that trees will have to be moved by the Site Development Manager, Mr. Lance Williams. Ms. Murphy stated Strata Solar has done a thorough job as the Board can see from the information in the packet to cover items, i.e., endangered species, streams and wetlands. Speaking to the Board as a proponent of the request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 34+ acres of a 479 acre tract on Boston Road (Tax Map A68 Parcel 9) Holloway Township, owned by Mary Winstead Merritt included the following: Mr. Lance S. Williams of 1119 S. US 15-501 Highway, Chapel Hill and Manager of Site Development for Strata Solar presented to the Clerk to the Board and any commissioners that wished to have copy of affidavits of testimony for himself, Brent Niemann and Richard Kirkland along with an Appraisal Report prepared by Mr. Kirkland. A copy of such Appraisal Report is incorporated in these minutes by reference and will be on file in the office of the Clerk to the Board. The affidavits include written responses for findings of fact. Mr. Williams stated this request is very similar to the previous request whereby he spoke to the rural character of the solar farm as well as diversifying the income for large landowners to stabilize landholding. Mr. Williams noted this landowner has a historical site just north of the solar farm site and is looking for ways to make income to maintain ownership to prevent further dividing of the parcel and to keep the historical land there. Mr. Williams reminded the Board of the added tax base without the addition of expenses for services. Mr. Williams stated, as Commissioner Newell pointed out, the proposed site is an atypical site for Strata Solar in that a lot of trees will have to be harvested. Mr. Williams explained the main reason related to a pond with a dam behind it with a separate owned property near the pond. Mr. Williams pointed to the large map to show where the house is located near the pond noting the intent was to keep the farm on one side of the driveway instead of the solar farm being on both sides of the driveway and not to locate the solar farm behind the dam to risk it giving way. Mr. Williams stated Mr. Niemann will point out that Strata Solar is held to a higher standard than normal timber operations noting they will get all the DENR permits as required. Mr. Williams stated initially Strata Solar thought they would locate the solar farm on both sides of Boston Road as one side had fields, but upon learning of the long range road plans of Person County and the State to build a 501 bypass that would come through a portion of that property, it only made sense to develop the solar farm on the side with the trees based on the future usage of the other side of the road. Commissioner Blalock stated she had wondered why Strata Solar would take down trees when there was open land available, but she understood after his explanation. 36 June 3, 2013 24 Mr. Williams noted there is a substation north of the site that Progress put in not too long ago with a significant electrical infrastructure that runs from there back to Roxboro that will support the solar farm project. Mr. Williams’ affidavit of record is below: 37 June 3, 2013 25 38 June 3, 2013 26 39 June 3, 2013 27 Mr. Brent Niemann of 1119 S. US 15-501 Highway, Chapel Hill and a licensed NC professional engineer employed by Strata Solar stated the solar farm site on Boston Road was not the preferred site due to the amount of trees. Mr. Niemann stated Strata Solar has not yet completed the plans for DENR but will prior to construction as that time gets closer noting a driveway permit has been received. Mr. Niemann noted the only main difference from this request to the previous is that a stream is present that will have to be permitted with the Army Corp and DWQ noting good experience with the nation- wide permit. Mr. Niemann’s affidavit of record is below: 40 June 3, 2013 28 41 June 3, 2013 29 42 June 3, 2013 30 43 June 3, 2013 31 Mr. Richard Kirkland of 3540 Layton Ridge Drive, Apex and a licensed NC real estate appraiser with an MAI Designation stated as the previous request, he was asked to review the impact of the solar farm which involved the same process as outlined in the last hearing noting first for matched pairs, then the breakout that would cause any impact on value. Mr. Kirkland stated it was his conclusion that the proposed solar farm would not have any impact on value nor any negative impact on the adjoining properties and is consistent with the neighborhood. Mr. Kirkland noted this project is 35 acres of a 479 acre tract, around 7% of the overall tract with the primary adjoining user being the owner of the property. Mr. Kirkland’s affidavit of record is below: 44 June 3, 2013 32 45 June 3, 2013 33 46 June 3, 2013 34 There were no individuals appearing before the Board to speak in opposition to the request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 34+ acres of a 479 acre tract on Boston Road (Tax Map A68 Parcel 9) Holloway Township, owned by Mary Winstead Merritt. A motion was made by Commissioner Blalock, and carried 5-0 to close the public hearing for a request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 34+ acres of a 479 acre tract on Boston Road (Tax Map A68 Parcel 9) Holloway Township, owned by Mary Winstead Merritt. CONSIDERATION TO GRANT OR DENY THE REQUEST BY STRATA SOLAR, LLC FOR A SPECIAL USE PERMIT FOR A SOLAR ENERGY GENERATOR ON 34+ ACRES OF A 479 ACRE TRACT (TAX MAP A68 PARCEL 9) ON BOSTON ROAD, HOLLOWAY TOWNSHIP, OWNED BY MARY WINSTEAD MERRITT: A motion was made by Commissioner Newell, and carried 5-0 to approve the request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 34+ acres of a 479 acre tract on Boston Road (Tax Map A68 Parcel 9) Holloway Township, owned by Mary Winstead Merritt as recommended by the Planning Board including the following conditions and agreeing that the request was in keeping with Section 74-4 and consistent with the comprehensive plan: 1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to be given to Planning and Zoning prior to issuance of a zoning permit 2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the approved plan and approval letter to be given to Planning and Zoning prior to issuance of Zoning Permit. 3. A final “as built” to be submitted to Planning and Zoning prior to issuance of a Certificate of Occupancy. 4. Access to the site to be minimum of 20 feet in width, parking to accommodate two vehicles (each 9’ x 18’) and turnaround minimum of seventy feet (driving surface) for emergency vehicles. 5. Applicant to obtain all Federal, State and Local permits that are required. 6. Applicant to meet all conditions of the Person County Zoning Ordinance. 7. Applicant will need to obtain a Zoning Permit and Building Permit from Person County prior to any construction. INFORMAL COMMENTS: There were no comments from the public. 47 June 3, 2013 35 APPROVAL OF MINUTES: A motion was made by Commissioner Blalock, and carried 5-0 to approve the minutes of May 20, 2013. TAX ADMINISTRATIVE REPORT: A motion was made by Commissioner Newell, and carried 5-0 to approve the Tax Administrative Report noting the Releases for the month of April, 2013. OLD BUSINESS: ZONING ORDINANCE PERTAINING TO NONCONFORMING AND ACCESSORY USES: Assistant County Manager, Sybil Tate reminded the Board of Commissioners had originally requested that the Planning Board provide recommendations for amending the nonconforming use and accessory use sections of the Zoning Ordinance. Recommendations from the Planning Board were presented to the Commissioners in October. A public hearing on the recommended changes was conducted at the Commissioners’ January 7, 2013 meeting at which time the Board asked to further discuss sections 101-2, 102-1, 60-5 and 60-6 of the current Zoning Ordinance. At the Board’s April 1, 2013 meeting, the Board approved changes to section 101-2 and decided to make no changes to section 102-1 and instructed staff to gather information from other counties regarding zoning regulations of accessory units related to sections 60-5 and 60-6 to be discussed further at the May 20, 2013 meeting. At the May 20, 2013 meeting, the Board amended section 60-5, deleted section 60-6, added section 60-6A and amended section 101-7b and asked staff to provide language for grandfathering-in existing accessory structures, such as old tobacco barns. Ms. Tate presented to the Board the changes to the zoning ordinance that have been recommended by the Planning Board and approved by the BOC thus far as well recommended the following language to allow grandfathering-in of certain accessory structures: 60-6C 60-6A and 60-6B shall not apply to any barns, hay sheds, or similar structures existing prior to the adoption of this amendment; however, this Ordinance shall apply to any new construction of these structures. Ms. Tate noted Commissioner Blalock, upon review, requested to amend section 101-6 to delete reference to a certain time period for repair or restoration to begin within six months and completed within twelve months as follows: 48 June 3, 2013 36 ACTION: Amend section 101-6 If a nonconforming structure or a conforming structure devoted to a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall not exceed 60 percent of the cost of reconstructing the entire structure based on the assessed structure value, as recorded by the County Tax Assessor., it may be repaired or restored, provided such repair or restoration is started within six months of the damage and completed within twelve months. However, any nonconforming building which is damaged may only be replaced by a structure of equal or smaller size and square footage as that of the previous structure. Relief to the time limits may be granted by the Board of Adjustment. Ms. Tate confirmed for Vice Chairman Jeffers that the amendments reflect the least restrictive option for accessory structures without any reference to a certain number of such structures. A motion was made by Blalock, and carried 5-0 to adopt the Zoning Ordinance text amendments as presented incorporating the amendment to section 101-6. Listed below are the Zoning Ordinance text amendments adopted by the Board of Commissioners: ACTION: Add DEFINITIONS: Nonconforming Building – A building or structure that is not in conformance with the provisions (Section 75-Table of Dimensional Requirements) of the district in which it is located. Nonconforming Lot – Surveyed and recorded lots that met existing zoning regulations when created but no longer conform with the adopted regulations. Nonconforming Use – A lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations before adoption of this Ordinance or the predecessor Person County Zoning Ordinance. ACTION: No change 101-1 Nonconforming uses may not be changed to another nonconforming use unless the Board of Adjustment determines that such change shall be no more detrimental to the neighborhood than the existing use; however, no change of title or possession, or right to possession of property shall be construed to prevent the continuance of a nonconforming use. 49 June 3, 2013 37 ACTION: Amend 101-2 Any structure existing at the time of adoption of this Ordinance which does not comply with setback or yard requirements, or which exceeds height requirements, may be continued in use but shall not be enlarged or extended unless such extensions or enlargements comply with all the provisions of this ordinance. No enclosed portion of a building may be enclosed if the setback or height requirements are not met. ACTION: No change 101-3 Nothing in this ordinance shall be construed to prevent the reconstruction of any building, conforming or nonconforming, damaged by any means. However, any nonconforming building which is damaged may only be replaced by a structure of equal or smaller size and square footage as that of the previous structure. No reconstruction or new construction shall be allowed which creates any new or additional nonconformity than that which existed at the time of damage. ACTION: No change 101-4 If a nonconforming use is discontinued for a period of 180 days or for more than eighteen months in any three year period, the future use of the building or land must be a conforming use. ACTION: No change 101-5 A nonconforming use may be changed to a use of higher classification and whenever the use is changed to a higher or conforming classification then it shall not be allowed to change to the original use or to a lower use. For the purposes of this section, the order of classification of use, form the highest to the lowest shall be as follows: R, B-1, B-2, GI and RC. ACTION: Amend 101-6 If a nonconforming structure or a conforming structure devoted to a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall not exceed 60 percent of the cost of reconstructing the entire structure based on the assessed structure value, as recorded by the County Tax Assessor. However, any nonconforming building which is damaged may only be replaced by a structure of equal or smaller size and square footage as that of the previous structure. Relief to the time limits may be granted by the Board of Adjustment. 50 June 3, 2013 38 Action: Amend 101-7 A nonconforming structure or a conforming structure devoted to a nonconforming activity that is damaged by any casualty to an extent more than 60 percent of its assessed value, based on County Tax Assessor records, shall not be restored except as follows: a. As a conforming use. b. If the use is a one-family dwelling, restoration shall be permitted. c. For structures except a one family dwelling, restoration of a nonconforming structure shall require approval by the Board of Adjustment. A site plan according to Section 80 will be required. In approving such permit, the Board will consider the stated purpose for establishing the zoning district in which the structure is located, the uses in the area immediately surrounding the structure in question, particularly the other nonconforming uses, and the hardship which would result from a denial of the Conditional Use Permit. The permit shall include conditions as to time for repair to be completed and any other conditions deemed necessary to carry out the intent of this section of the ordinance. ACTION: Delete 101-8 A nonconforming use may be extended or enlarged with a Special Use Permit provided that the addition is no more than fifty percent of the original structure and a landscape buffer is provided to buffer the new portion from adjacent land owners and all setbacks, height, and area requirements of the Planning Ordinance are met. Single family dwellings are exempt from Section 101-6. ACTION: Add 101-9 Nonconforming lots of record: Permitted Structures may be erected upon any single lot of record at the time of adoption of this Ordinance, provided the minimum yard requirements are met. A variance to the zoning ordinance is required if the yard width or setback requirements can not be met. ACTION: Add 101-10 The creation of a lot with a width or area smaller than allowed by existing zoning requirements is prohibited, except by governmental action, such as a road widening. Any lot, which, by reason of realignment of a public street or highway or by reason of condemnation proceedings, has been reduced in size to an area less than that required by law, shall be considered a nonconforming lot of record subject to the provisions set forth in this section; and any 51 June 3, 2013 39 lawful use or structure existing at the time of such highway realignment or condemnation proceedings which would thereafter no longer be permitted under the terms of this ordinance shall be considered a nonconforming use or structure as that term is used in this ordinance. ACTION: Add 101-11 When any nonconforming use is superseded by a permitted use, the use shall thereafter conform to the regulations for this district, and no nonconforming use shall thereafter be resumed. ACTION: No change 102-1 Nothing in this ordinance shall prevent the restoring or strengthening of a nonconforming structure to a safe condition, provided that the square feet of the structure shall not be increased. ACTION: No change 102-2 Should any nonconforming structure be moved for any reason within the Zoning Jurisdiction of Person County, it shall conform to the regulations for the district in which it is to be located. ACTION: Delete 103-1 In any district, notwithstanding the dimensional requirements for the district in regards to lot width and minimum area, buildings, may be erected on any legally created lot of record existing at the effective date of adoption to this ordinance. Accessory Structures ACTION: Amend An accessory building - An accessory building, structure or use is a building or structure or use on the same lot or site with, of a nature customarily incidental or subordinate to, and of a character related to the principal use or structure. Accessory buildings are, but not limited to: sheds, garages, lean to, storage buildings, carports, pool, but not to include well houses (not to exceed 6’ x 6’), gazebo or pool house if attached to footprint of pool. Pools - Pools are considered accessory uses if they are above ground or in ground if not attached by either a deck or solid material such as brick, stone, concrete, etc. to the principal structure. ACTION: Amend 60-5 Unless otherwise specified in this ordinance, accessory buildings may be allowed within five feet of rear and side yard lot lines. 52 June 3, 2013 40 ACTION: Delete 60-6 Unless otherwise specified in this ordinance, every principal building hereafter erected or moved shall be located on a separate lot and in no case shall there be more than one principal building and three permitted accessory buildings on all lots under three acres. There shall be allowed one additional accessory building for every acre over three acres. Industrial operations located in the GI district shall be exempted from this provision. ACTION: Add 60-6A Accessory structures may be placed in the front yard, if at least 25ft from the front property line. For lots located on NC and US highways, accessory structures may be placed in the front yard, if at least 40ft from the front property line. ACTION: Add 60-6B Accessory buildings shall only be allowed on a lot upon which a primary dwelling, multifamily dwelling, business use or industrial use exists. ACTION: Add 60-6C 60-6A and 60-6B shall not apply to any barns, hay sheds, or similar structures existing prior to the adoption of this amendment; however, this Ordinance shall apply to any new construction of these structures. NEW BUSINESS: CDBG MONTHLY REPORTING: County Manager, Heidi York presented to the Board the CDBG monthly activities report and a Monthly Performance Status Report for May 2013 that is due to be submitted to the Division of Community Assistance. A motion was made by Commissioner Blalock, and carried 5-0 to accept the monthly report as presented. 53 June 3, 2013 41 BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Chairman Clayton, and majority vote (5-0), the Board of Commissioners of Person County does hereby amend the Budget of the Fund(s) listed below on this, the 3rd day of June 2013, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 58,524 Human Services 201,677 Culture & Recreation 7,597 REVENUES General Fund Intergovernmental Revenues 206,527 Other Revenues 4,654 Charge for Services 56,617 EXPENDITURES Airport Capital Projects Fund Vis100-2010 (7,200) RW-6&24 PAPI Survey 7,200 REVENUES Airport Capital Projects Fund Federal-Vis100-2010 (6,480) Federal-RW-6&24 PAPI Survey 6,480 Local-Vis100-2010 (720) Local-6&24 PAPI Survey 720 EXPENDITURES Capital Improvements Projects Fund Transfer to Courthouse Renov & Roofing Project 136,655 REVENUES Capital Improvements Projects Fund Fund Balance Appropriation 136,655 EXPENDITURES Courthouse Renovation & Roofing Project Fund Courthouse Renovation Construction 145,000 REVENUES Courthouse Renovation & Roofing Project Fund Interest Earnings 8,345 Transfer from CIP Project 136,655 Explanation: 54 June 3, 2013 42 Appropriating additional revenue received for Concealed Weapons Fees ($1,180); Judicial Transports ($1,640); Jail Fees and Concessions ($3,257); Commissions and Sales on Inmate Phone Cards ($2,844); Past Due EMS Fee Collections ($46,311); Animal Fees, Rabies Vaccinations and Animal Services Donations ($2,117); Spay and Neuter Program and Reimbursement Revenues ($1,175); Adjustments in Health Department Grants including the Health Communities Grant ($12,480), Medical Reserve Corps ($4,000), Community Transformation Grant ($150,000), Breast & Cervical Grant ($4,700), and Environmental Health Grant ($5,000); Public Library received a new grant from the Rural Economic Development Center ($5,000) to cover an internship program and related costs; various program adjustments ($25,154) and a donation ($150) in DSS; utilizing a portion of 2010 Vision 100 Funds (-$7,200) in the Airport Construction Fund to cover additional work for Runways 6 & 24 ($7,200); and using available and applicable funds in the CIP Fund ($136,655) and accrued interest ($8,345) in the Courthouse Renovation Project Fund to cover remaining project expenditures in the Courthouse Renovation Project Fund. Commissioner Blalock asked Ms. Wehrenberg what areas are due to be completed with the Courthouse Renovation Project Fund. Ms. Wehrenberg stated all the roofing associated with that project has been completed and it will cover any remaining items due to be complete by the end of this month. 55 June 3, 2013 43 COMPENSATION FOR THE BOARD OF EQUALIZATION AND REVIEW: Commissioner Newell stated he was asked to address the Board concerning the time to fulfill the Board of Equalization and Review appeal process related to the $50 compensation rate to be increased to $250 however; he felt in all fairness a rate of $150 is more in order. Commissioner Newell stated the shortest meeting has been 3 hours with the longest 5 ½ hours. Commissioner Newell requested consideration to raise the Board of Equalization and Review member stipend from $50 to $150. County Manager, Heidi York stated prior to the creation of a special Board of Equalization and Review, there was no compensation. Ms. York noted the intention was to keep the session to a 3 hour block to which $10,000 was budgeted for the remainder of the current fiscal year. Ms. York further noted if an increase in compensation is approved, additional funds would need to be allocated. Tax Administrator, Russell Jones stated there has been a push by the Tax Office and the budget process to get the appeals completed by June 30, 2013. Mr. Jones noted eight more meeting days are scheduled and there is a need to add an extra day or to extend the meetings longer than the 3 hour sessions. Mr. Jones told the group that the Board of Equalization and Review has been meeting three days per week. Mr. Jones noted the budget for next fiscal year will be impacted as well with an increase in the stipend. Mr. Jones stated 17 meetings have been scheduled not including the training meetings. Mr. Jones requested clarification if the training meetings would be subject to the stipend as well as it was his understanding that Commissioner Newell would like the increase in the rate to be retroactive. Commissioner Newell stated he did not think the training meetings should be subject to the stipend. Commissioner Blalock summed up that 17 meetings with 5 members at $150 per meeting would total $12,750. Mr. Jones stated he would be able to stay within the budget with the increase set at $100 per meeting but anything higher would dictate additional funding. Again, Mr. Jones commented on the need for additional budgeted funds for next fiscal year, even though it will not be a revaluation year noting that once citizens get their tax bill this year, they may want to appeal next year. Commissioner Newell stated the watershed requirements will be more known and its effect on the value of property next fiscal year as well. A motion was made by Commissioner Blalock, to double the current compensation rate for the Board of Equalization and Review to $100 per meeting retroactive but not to include the training meetings so to stay within the budget. Vice Chairman Jeffers asked Commissioner Newell is his request was a recommendation of the Board of Equalization and Review. Commissioner Newell confirmed such. 56 June 3, 2013 44 Commissioner Puryear asked Mr. Jones if any other Board of Equalization and Review members have declined compensation for serving. Mr. Jones confirmed that Commissioner Puryear was the only member to decline noting there is a member that was willing to decline compensation for a portion of the meetings. Mr. Jones added he initially polled other counties to compare Board of Equalization and Review compensation for its members and the results noted a stipend of $100 or less other than one case whereby a Chairman was compensated at a higher rate. Ms. York stated staff had recommended the average of $50 initially based on the poll provided to the Board of Commissioners during the appointment process. A substitute motion was made by Vice Chairman Jeffers to raise the Board of Equalization and Review compensation rate to $150 per meeting retroactive not to include the training meetings. Commissioner Puryear stated his support for the $150 rate for the appointed members noting his preference for the commissioner representatives to only receive the $50 compensation rate. Commissioner Puryear did not want the commissioners participating on the Board of Equalization and Review to in effect give themselves a raise as he views the task as a duty/responsibility of an elected official. Commissioner Puryear asked Vice Chairman Jeffers to amend the motion to such prior to the vote. Vice Chairman Jeffers stated his motion stands based on Commissioner Newell and the Board of Equalization and Review’s recommendation. The substitute motion carried by majority vote 3-2. Vice Chairman Jeffers, Commissioner Newell and Chairman Clayton voted in favor of the substitute motion. Commissioners Blalock and Puryear cast the dissenting votes. CHAIRMAN’S REPORT: Chairman Clayton had no report MANAGER’S REPORT: County Manager, Heidi York reminded the Board of the next scheduled budget work session is June 10, 2013 at 6:00 pm in the Board’s usual meeting room and asked the Board members to send along any topics for the agenda to her. COMMISSIONER REPORT/COMMENTS: There were no reports/comments from the commissioners. 57 June 3, 2013 45 CLOSED SESSION #1 A motion was made by Chairman Clayton, and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(4) for the purpose of discussion of matters relating to the location or expansion of industries or other businesses in the county (economic development) at 8:39 pm and to permit the following individuals to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Economic Development Director, Stuart Gilbert, County Attorney, Ron Aycock Assistant County Manager, Sybil Tate and Homestead Steakhouse owners, Randy and Debby Cash. IT Staff member, Chris Puryear was allowed to attend to facilitate the telephone conference call with Vice Chairman Jeffers. A motion was made by Commissioner Newell, and carried 5-0 to return to open session at 9:10 pm. A motion was made by Commissioner Newell, and carried 5-0 to approve a Resolution Supporting Person County submitting economic development infrastructure grants totaling up to $35,000 to the NC Rural Center to assist local businesses in gas line extensions with such uses of funds granted to be in compliance with the NC Economic Development law. 58 June 3, 2013 46 59 June 3, 2013 47 CLOSED SESSION #2 A motion was made by Chairman Clayton, and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property at 9:12 pm and to permit the following individuals to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate, General Services Director, Ray Foushee, Person Industries Director, Wanda Rogers, Person Industries and Assistant Director, Becky Clayton. IT Staff member, Chris Puryear was allowed to attend to facilitate the telephone conference call with Vice Chairman Jeffers. A motion was made by Commissioner Blalock, and carried 5-0 to return to open session at 9:26 pm. CLOSED SESSION #3 A motion was made by Chairman Clayton, and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property at 9:27 pm and to permit the following individuals to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate, IT Director, Gary Latta, and IT Staff, Chris Puryear. A motion was made by Commissioner Blalock, and carried 5-0 to return to open session at 9:30 pm. 60 June 3, 2013 48 RECESS: A motion was made by Chairman Clayton, and carried 5-0 to recess the meeting at 9:30 pm until June 10, 2013 at 6:00 pm in the Board’s usual meeting room for the purpose of holding a budget work session. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 61 AGENDA ABSTRACT Meeting Date: June 17, 2013 Agenda Title: Kerr-Tar Locally Coordinated Human Service Transportation Plan (LCP) Adoption Summary of Information: For federal funding to continue for Person Area Transportation Service (PATS), an LCP must be completed and updated every 3 years. The Kerr-Tar Regional Transportation Planning Organization (RPO) has recently completed the update of the LCP. The governing Board of each transportation provider must endorse the plan to avoid disruptions in funding received. (Plan attached) Recommended Action: Resolution to adopt Submitted By: Michael Ciriello, Planning Director, Kerr-Tar Regional Council of Governments & Kathy Adcock, Executive Director, PATS 62 RESOLUTION ADOPTING THE LOCALLY-COORDINATED HUMAN SERVICES TRANSPORTATION PLAN FOR THE KERR-TAR COG PLANNING REGION A motion was made by Commissioner __________ for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, the federal MAP-21 transportation authorization passed by Congress in 2012 requires a “locally developed, coordinated public transit-human services transportation plan” intended to improve transportation services for persons with disabilities, individuals who are elderly, and individuals with lower incomes; and WHEREAS, a coordinated public transit-human services transportation plan is required of in the Kerr-Tar COG region; and WHEREAS, The Kerr-Tar COG held a workshop on April 5, 2013 that included representatives from human service providers and advocates, special transportation providers, and others concerned with transportation in the region; and WHEREAS, The Kerr-Tar COG has created inventories of special transportation needs, and of the various existing transportation programs, services, and other assets for transportation disadvantaged groups necessary for development of The Kerr-Tar COG’s Locally-Coordinated Human Service Transportation Plan; NOW, THEREFORE, BE IT RESOLVED that the Person County Board of Commissioners hereby adopts The Kerr-Tar COG’s Locally-Coordinated Human Service Transportation Plan. This resolution adopted this 17th day of June, 2013. Person County Board of Commissioners ____________________________________________ Jimmy B. Clayton, Chairman Attest: ____________________________________________ Brenda B. Reaves, NCCCC, CMC Clerk to the Board of Commissioners 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 AGENDA ABSTRACT Meeting Date: June 17, 2013 Agenda Title: Renewal of CDBG Debarment Certification Summary of Information: Attached is a debarment certification for Person County for the 2011 CDBG Scattered Site Housing Rehabilitation Project. The debarment certification is a document that certifies that the County is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency. See the attached debarment certification for further details. The debarment certification must be renewed annually. The existing certification expires June 30, 2013. We were informed by the Division of Community Assistance that a new debarment certification for this fiscal year should be adopted by the Board of Commissioners and signed by the Chairman. The signed copy should be submitted to Kerr-Tar Regional COG and the COG will submit it to the Division of Community Assistance (DCA). Recommended Action: The Board should carefully read the attached debarment certification. If they concur with the information contained, then the Board should adopt the debarment certification and have the Chairman of the Board sign the certification on behalf of the Board. Submitted By: Karen Foster, Community Development Planner, Kerr-Tar Regional COG 138 CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below. Applicants should also review the instructions for certification included in the regulations before completing this form, signature on this form provides for compliance with certification requirements implementing Federal Executive Order 12549 and guidance issued in the Federal Register, Volume 70, No. 168, pages 51863 through 51880 for “Government wide Debarment and Suspension (Nonprocurement).” The certification shall be treated as a material representation of fact upon which reliance will be placed when the Department of Commerce determines to award the covered transaction, grant or cooperative agreement. DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, for prospective participants in primary covered transactions: 1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property: c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification(s). Name of Applicant/Grantee Person County Grant Number and Project Name 11-C-2322 SSR/UR Printed Name and Title of Authorized Representative Jimmy B. Clayton Signature Date 139 Instructions for Debarment Certifications 1. By signing and submitting this form, the prospective participant is providing the certification set out on the “Certification Regarding Debarment, Suspension and Other Responsibility Matters” in accordance with these instructions. 2. Consequences of False Certification - The certification is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. Errors in Certifying. - The prospective participant shall provide immediate written notice to the person to which this proposal is submitted if, at any time, the prospective participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. Definitions and Further Guidance - The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” ”lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” ”principal,” “proposal,” and “voluntarily excluded,” as used in this clause have the meanings set out in the Definitions and Coverage section of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations or you may refer to the Federal Register, Vol. 70, No. 168, pages 51863 –51880. 5. Certification Extends to Subcontractors - The prospective participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. Certification Included in Subcontracts - The prospective participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. Reliance on Certification - A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transition, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it 140 determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. New System of Records Not Required - Nothing contained in the foregoing should be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Consequences for Use of Ineligible Subgrantees - Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment 141 AGENDA ABSTRACT Meeting Date: June 17, 2013 Agenda Title: Request for Special Use Permitting at specific Recreation, Arts, and Parks Facilities and Person County Museum Grounds Summary of Information: The Recreation Advisory Board is requesting consideration for Special Use Permitting of Alcohol Beverages for specific rental facilities and performance venues. At their June 5, 2013 meeting, the Recreation Advisory Board voted unanimously to adopt the proposed Special Use Permit/Policy and Revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property. The Recreation Advisory Board is requesting consideration from the Board of Commissioners to adopt the Special Use Alcohol Permit/Policy and the revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property for specific facilities including: DESIGNATED BOUNDARIES: 1. Mayo Park Amphitheater in the concrete seating areas directly in front of the stage, the grass seating area directly in front of the stage in an area 200 feet long by 130 feet wide and in the stage area within 50 feet from the left, right and back of the stage. 2. Mayo Park Environmental Community Center within the center and within 50 feet from all sides of the building. 3. Kirby Cultural Arts Complex within Gallery front room (main gallery), Community Gallery (Hallway) and main theatre seating area (both upstairs and downstairs). 4. Person County Museum Grounds within the museum and no closer than 50 feet from the property line. Recommended Action: Review and discuss the following policies and ordinance: 1. Special Use Alcohol Permit and Policy for Specific County Recreation Facilities 2. Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property (Revised) Note: A Public Hearing is not required for adoption of the proposed ordinance. The Board of Commissioners may call for a public hearing to be scheduled, if desired. If a public hearing is not held for public comments, adoption at first reading must be by unanimous vote. If not unanimous, a second reading will take place at the Board’s next regular scheduled meeting to which a majority vote will rule. Submitted By: John Hill, Director of the Recreation, Arts, and Parks & Donald Long, Chairman of the Recreation Advisory Board 142 Page 1 of 2 An Ordinance RegulatingAn Ordinance RegulatingAn Ordinance RegulatingAn Ordinance Regulating Possession Possession Possession Possession OOOOr r r r Consumption Of Consumption Of Consumption Of Consumption Of Malt Beverages OMalt Beverages OMalt Beverages OMalt Beverages Or Ur Ur Ur Unfonfonfonfortified Wine rtified Wine rtified Wine rtified Wine OOOOn County Propertyn County Propertyn County Propertyn County Property WhereasWhereasWhereasWhereas, North Carolina General Statute 18B-300 authorizes a county to regulate or prohibit the possession or consumption of malt beverages or unfortified wine on property owned, occupied or controlled by that county; and WheWheWheWhereas, reas, reas, reas, in May of 2008 the Person County Board of County Commissioners enacted an ordinance which prohibited use or consumption of malt beverages or unfortified wine on all property owned, occupied or controlled by Person County; and WhereasWhereasWhereasWhereas, the Person County Board of County Commissioners desires to prohibit the possession or consumption of such malt beverages or unfortified wine on most property owned, occupied or controlled by the County and to regulate the use of such beverages on other property. NowNowNowNow, Therefore B, Therefore B, Therefore B, Therefore Be e e e It OIt OIt OIt Ordained by the Person County Board of County rdained by the Person County Board of County rdained by the Person County Board of County rdained by the Person County Board of County CommissionersCommissionersCommissionersCommissioners: SSSSection 1ection 1ection 1ection 1:::: The ordinance adopted on May 19th 2008 prohibiting the possession or consumption of malt beverages and unfortified wine on County property is hereby repealed. Section Section Section Section 2222:::: No person shall possess open containers or consume malt beverages or unfortified wine on property owned, occupied or controlled by Person County except in those locations specified below and in accordance with an approved Person County Permit and a North Carolina State Alcohol Beverage Permit: 143 Page 2 of 2 · Mayo Park AmphitheMayo Park AmphitheMayo Park AmphitheMayo Park Amphitheaterateraterater in the concrete seating areas directly in front of the stage, the grass seating area directly in front of the stage in an area 200 feet long by 130 feet wide and in the stage area within 50 feet from the left, right and back of the stage, and · Mayo Park EnvironmentalMayo Park EnvironmentalMayo Park EnvironmentalMayo Park Environmental Community Community Community Community CenterCenterCenterCenter within the center and within 50 feet from all sides of the building, and · Kirby Cultural Arts ComplexKirby Cultural Arts ComplexKirby Cultural Arts ComplexKirby Cultural Arts Complex within Gallery front room (main gallery), Community gallery (Hallway) and main theatre seating area (both upstairs and downstairs), and · Person County Museum GroundsPerson County Museum GroundsPerson County Museum GroundsPerson County Museum Grounds within the museum and no closer than 50 feet from the property line SectionSectionSectionSection 3333:::: Definitions. The definitions of “malt beverages”, “unfortified wine” and “open containers” shall be as defined in Chapter 18B of the North Carolina General Statutes. Section Section Section Section 4444:::: Penalties. Violations of this ordinance shall be a misdemeanor as provided for in North Carolina General Statute 14-4. Adopted this the Adopted this the Adopted this the Adopted this the __________ day of __ day of __ day of __ day of _________________________, 2013_____, 2013_____, 2013_____, 2013.... Person Person Person Person County BoaCounty BoaCounty BoaCounty Board rd rd rd ofofofof CommissionersCommissionersCommissionersCommissioners ________________________________________________________________________________________________________________________________ Jimmy B. Clayton, Jimmy B. Clayton, Jimmy B. Clayton, Jimmy B. Clayton, ChairmanChairmanChairmanChairman Attest:Attest:Attest:Attest: ________________________________ Brenda B. Reaves, Brenda B. Reaves, Brenda B. Reaves, Brenda B. Reaves, NCCCC, CMCNCCCC, CMCNCCCC, CMCNCCCC, CMC Clerk to the BoardClerk to the BoardClerk to the BoardClerk to the Board of Commissionersof Commissionersof Commissionersof Commissioners 144 PARKS AND RECREATION FACILITIES SPECIAL USE ALCOHOL PERMIT The consumption of malt beverages and unfortified wines is ONLY allowed at the following locations with approved Person County Permit and North Carolina State Alcohol Beverage Permit: 1. Mayo Park Amphitheater (See Designated Boundaries) 2. Mayo Park Environmental Community Center (See Designated Boundaries), 3. Kirby Cultural Arts Complex 4. Person County Museum Grounds Facilities as evidenced by a permit approved by the Recreation, Arts, and Parks Director. If permitted to serve malt beverages and/or unfortified wines, certain activity/space restrictions may be enforced. Person signing as the “Responsible Party” is responsible for any and all types of liability related to this event. NAME OF APPLICANT / RESPONSIBLE PARTY ________________________________________________________________________ NAME OF GROUP (IF APPLICABLE) ________________________________________________________________________ STREET ADDRESS:______________________________________________________ CITY____________________ STATE:_____________ ZIP CODE:_____________ DAY TELEPHONE:________________________________ EVENING TELEPHONE:___________________________ CELL PHONE:____________________________________ REQUESTED PARK FACILTY:__________________________________________ FROM: ________________________________ TO:___________________________ 145 2 DATE REQUESTED:__________________ HOURS OF USE:_____________ DESCRIPTION OF RENTAL: (In detail, attach additional information if needed): ________________________________________________________________________ ________________________________________________________________________ TYPE(S) OF ALCOHOL TO BE SERVED (Beer or Wine): _____________________ HOW DO YOU PROPOSE TO SERVE THE ALCOHOL? (i.e. plastics cups, glass, bottle, cans, keg, etc.) ______________________________________________________________________ Quantities of Alcohol to be served (see regulations 5, 6, 7, 8) ______________________________________________________________ Will bartenders be used / employed? Yes ☐ No ☐ If “yes”, are they certified? ______________________________________ Yes ☐ No ☐ If “yes”, attach a copy of certificate b. If “yes”, are they from an agency? Yes ☐ No ☐ AGENCY NAME: _______________________________________________________ AGENCY CONTACT PERSON: ___________________________________________ AGENCY ADDRESS: ____________________________________________________ AGENCY PHONE NUMBER: _____________________________________________ Will alcohol be sold? Yes ☐ No ☐ Will donations be taken to defray costs? Yes ☐ No ☐ Will there be a fee paid to purchase a ticket to this event? Yes ☐ No ☐ IF YES TO ANY OR ALL, a copy of the ABC Board permit will be required no later than 7 calendar days in advance of the event’s beginning time. (According to ABC Regulations, to “sell” by one of the above methods, you must be a non-profit group [501 c(3)]. Individuals may not obtain one.) The cost is $50 and the ABC Board must have their application at least three weeks prior to the event. Certificate of 501(c) must be provided with this application. ABC Board phone number: 1-336-599-8294. http://abc.nc.gov/permits/special.aspx 146 3 EXPECTED NUMBER OF ATTENDANTS / GUESTS AGE 21 OR OLDER: ________________________________________________________________ EXPECTED NUMBER OF ATTENDANTS UNDER 21:___________________ PERSON COUNTY RESERVES THE RIGHT TO REQUIRE OFFICIALLY SWORN CITY OF ROXBORO POLICE OFFICERS OR PERSON COUNTY SHERIFF DEPUTY TO BE ON DEPUTIES FOR EVENTS EXPECTING 150 OR MORE GUESTS. It is the responsibility of the rental group to pay for the sworn officers cost in addition to the rental fee. The number of officers required will be determined by the Person County Recreation, Arts and Parks Department along with the advisement of the Roxboro Police Department and/or Person County Sheriff Department is based on the rental description and event (generally 1:150 persons). Officers are not allowed to be in the room where alcohol is being served. They will remain in close proximity just outside the area where the alcohol is being served. Officers will take no part in the serving of alcohol, including determination of intoxication. Should their services be needed because of a disturbance or the like, the officer’s presence must be requested. Please make sure the information above is as accurate as possible, as providing incorrect information will cause this permit to be null and void. The names and correct phone numbers of the officer(s) will be required no later than 7 calendar days in advance of the event’s beginning time. ACKNOWLEDGMENTS: Carefully read and initial each statement below: ________ I am familiar with and hereby agree to abide by all state, county and city regulations governing the transport, sale, and distribution of alcoholic beverages while using Person County owned property and/or premises. ________ I hereby acknowledge that no Person County Government employee, while on duty/work time will engage in the serving of alcohol in connection with this permit. ________ I hereby acknowledge that no guest or attendee of the function to which this permit applies will be served alcohol while intoxicated. ________ I hereby acknowledge that adequate precaution has been taken to insure that intoxicated guests or attendees will be identified and prohibited from operating motor vehicles. EQUAL OPPORTUNITY: Person County Recreation, Arts, and Parks Department does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual orientation or disability in employment opportunities or the provision of service, programs or activities. A participant alleging discrimination on the basis of any of the aforementioned areas may file a complaint with the Director of the Person County Recreation, Arts, and Parks Department or the Office of Equal Opportunity, US 147 4 Department of the Interior, Washington, D.C. 20240. Failure to provide full disclosure of the requested information may be grounds for denial of an activity permit. The Applicant / Responsible Party herein affirms that he/she has read and understands the statements and disclosures made in this form, that the information disclosed herein is true and correct to the best of his/her knowledge and belief, and that all acknowledgments herein, including the attached Release and Indemnification Agreement, were provided by the undersigned while under oath. This the ________________ day of _____________________, 20_______. __________________________________(SEAL) Signature of Applicant / Responsible Party ______________________________________________________________________ Printed Name ______________________________________________________________________ Title / Position Sworn to and subscribed before me this the ________________________ day of ________________, 20____________________ Notary Public My Commission Expires: ________________________________________________ 148 5 RELEASE AND INDEMNITY AGREEMENT WHEREAS, the undersigned has requested the use of services, equipment, or facilities belonging to or under the auspices of Person County Government, North Carolina, and do engage in activities for the exclusive benefit of the undersigned; and WHEREAS, the Person County Government is not liable for any damages arising from personal injury or property damage sustained thereby; NOW, THEREFORE, In consideration of the mutual promises and other good and valuable consideration, the undersigned does hereby for himself, his heirs, executor, employers, successors or administrator, and personal representatives: A. Assume full responsibility for any personal injury or any damage to his/her personal property which may occur directly or indirectly in the course of (fully describe the activity/rental and date of occurrence) B. Fully and forever release and discharge Person County Government, its agents, officials, and employees, from any and all claims, demands, damages, rights or action, or causes of action, present or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of the above described activity/rental. C. Agree to fully indemnify Person County Government for any costs, expenses or damages incurred as a result of any personal injury or property damage resulting from or arising out of the above described activity/rental, such costs to include reasonable attorney fees. D. Agree that it is the intent of the undersigned that this RELEASE AND INDEMNITY AGREEMENT shall be in full force and effect any time after the execution hereof. Approval for this alcohol permit is at multiple levels. Three (3) weeks will be required by Person County Government to route it for signature. Not adhering to this timetable may result in the inability to serve alcohol at your event, and the facility reservation will not be refunded. I have read and understand the above information and agree that it is true and accurate. I accept the responsibility of the actions of the persons attending this rental. Responsible Party Signature:________________________________________________ Date:________________________________ 149 6 PERSON COUNTY EXECUTION: All signatures are by the position listed or his/her designee. Facility Manager:________________________________________Date:____________ Superintendent of Parks:___________________________________Date:____________ Approve ☐ Deny ☐ Parks and Recreation Director:______________________________Date____________ Approve ☐ Deny ☐ Person County Manager:__________________________________ Date:____________ Approve ☐ Deny ☐ If denied, state reason for denial___________________________________________________________________ APPROVED AS TO FORM PERSON COUNTY ATTORNEY BY:_____________________________________________ 150 7 SPECIAL USE PERMIT RULES AND REGULATIONS 1. Requesting person must provide proof that he/she is at least 21 years of age. 2. Only beer and/or wine is permitted in the boundaries of the special use permit areas with approval. All other Person County grounds and facilities are prohibited from possession or consumption of alcoholic beverages. 3. Requesting person is personally responsible for monitoring all activities relating to alcohol and for bringing all approved alcohol to the designated County facilities. 4. Requesting person must sign and hold harmless Agreement with Person County government. 5. The Amounts of alcoholic beverages to be served at each event shall fall within the legal limits of North Carolina State Law as defined by the North Carolina Alcoholic Beverage Control Laws and Regulations. 6. Permit will not be granted to college fraternities or sororities, unless a letter of support from the college or university president or designee accompanies the request for special use permit. 7. Individuals, organizations, companies, or family reunions that fail to abide to County facility and parks rules and regulation or cause problems due to alcohol will have their permit revoked and run the risk of future permit denials and/or harsher legal penalties. 8. Sign must be posted stating “NO ALCOHOLIC BEVERAGES WILL BE SERVED TO ANYONE BORN AFTER ____________” 9. No Alcohol shall be served or consumed within one hour of event or rental end time. This does not apply to events that are not scheduled to exceed two hours. 10. Person County Government reserves that right to refuse permits to any County owned recreation facility at the discretion of the Director of Recreation, Arts, and Parks Department based on, nature of the event/performance, failure to disclose all details of the event, disregard of the rules, laws, and policies, or any related reason that will have to potential to negatively effect the quality of the facilities, public safety, image/perception of the facilities, and/or any other negative effect toward Person County Recreation, Arts, and Parks Department. I have read and agree to the rules and regulations of this special use permit policy and application. I have proved accurate information in my application for special use permit. 151 8 Print Name:___________________________ Signature: ________________________ Date: ________________________________ DESIGNATED BOUNDARIES. 1. Mayo Park Amphitheater in the concrete seating areas directly in front of the stage, the grass seating area directly in front of the stage in an area 200 feet long by 130 feet wide and in the stage area within 50 feet from the left, right and back of the stage. 2. Mayo Park Environmental Community Center within the center and within 50 feet from all sides of the building. 3. Kirby Cultural Arts Complex within Gallery front room (main gallery), Community gallery (Hallway) and main theatre seating area (both upstairs and downstairs). 4. Person County Museum Grounds within the museum and no closer than 50 feet from the property line. 152 AGENDA ABSTRACT Meeting Date: June 17, 2013 Agenda Title: Funding Person County’s Pay for Performance Program Summary of Information: With almost 400 fulltime employees, Person County Government’s most valuable asset and the largest component of the County’s annual operating budget lies in personnel. There are two main issues concerning the County’s personnel: pay compression and turnover. Pay compression is occurring because once an employee is hired at a certain rate, there is no movement through the pay range. Turnover is predicted to escalate (currently at 8.3%) as the economy improves, which is very costly for an organization. We estimate that turnover costs between 66%-125% of an employee’s salary. Funding a merit pay or performance pay program will address both compression and turnover. Over the last four years, the County has been committed to establishing a standardized performance review system. In April 2010, the Board of Commissioners adopted the Performance Review and Development System for Person County as well as the Performance Pay Program. From July 2010 through June 2011, the County piloted the performance review system with the Board intending to provide funding beginning in July 2011. The program has never been funded, although the performance review process is well engrained in county operations. The purposes of the Performance Pay Program are: 1. To provide a systematic program to reward employees based on job performance, accomplishments, and contributions to the organization; 2. To provide recognition and demonstrate appreciation for job performance; and 3. To provide incentive for improved performance and productivity and to maintain a high level of employee performance and morale. There are established performance standards for which employees are held accountable. Supervisors then review employees’ performance based on those agreed upon standards at the employee’s annual anniversary date. Performance is categorized as: exceeds standards; achieves standards; or fails to achieve standards. 153 The Manager is recommending the removal of the Market Adjustment portion and narrowing the implementation to simply the performance pay: either 2% salary increase for ‘achieves standards;’ or 3% salary increase for ‘exceeds standards.’ Funding the Performance Pay Program will not require a new appropriation, as I am recommending using lapsed salaries from current year (FY13). Lapsed salaries are the money saved during the time when an employee leaves Person County and a new employee is hired. Lapsed salaries usually roll into fund balance. Instead of rolling into fund balance, I recommend setting aside these funds each year to fund a merit pay program. In FY11, $518,834 in lapsed salaries was accrued and in FY12 $404,028 in lapsed salaries was accrued (average over the last two years is $461,432). A performance pay program will cost approximately $376,248 for FY14. Based on the data we have tracked over the last two years the distribution may be: · 31.21% of employees receive “exceeds” 3% increase: $154,492 · 67.21% of employees receive “achieves” 2% increase: $221,756 · 1.59% of employees receive “fails to achieve” 0% increase: $0 Employees must have two years of service with the County before they are eligible for merit pay. These costs estimates do not include individuals hired after 7/1/12. Any leftover funds in the merit pay set- aside will be rolled to the next year. Recommended Action: Receive the proposed funding for Performance Pay and approve if appropriate. Submitted By: Heidi York, County Manager Below Midpoint Above Midpoint Fails to Achieve Standards No increase No increase Achieves Standards Market adjustment plus 2% Market adjustment Exceeds Standards Market adjustment plus 3% Market adjustment plus 2.5% 154 Performance Review and Development System Person County I. Purpose To establish and maintain a performance review and development system that contributes to the organization achieving its mission and goals and focuses on continuous performance improvement and recognition for all employees of the County. II. Objectives 1. Communications: To create and nurture an atmosphere for open and direct two-way communications between supervisors and employees concerning job performance and expectations, to ensure that performance is discussed on a regular, on-going basis between supervisors and employees so that there are no surprises in the annual performance review. To build a partnership based on mutual respect and increase trust in the relationship between employees and supervisors. To provide a format for supervisors, when they choose, to request and receive feedback from employees. To enable employees to establish clear, challenging and achievable goals in consultation with their supervisors. To ensure that employees know how their jobs and their goals fit into overall organizational and departmental mission, vision, and goals. 2. Continuous Performance Improvement: To regularly discuss the performance of all county employees based on job-related criteria; to provide performance coaching, encouragement, and exploration of optional approaches where needed; to identify during discussions both accomplishments and areas for performance development for each employee; to discuss specific plans to bring about continuous improvement for each employee and the organization as a whole that translates into increasing service excellence for our customers and citizens. 3. Employee Development: To develop information which can be used jointly by supervisors and employees to determine appropriate training needs and resources including on-the-job training. To discuss and identify how employees can prepare for potential advancement opportunities where appropriate. 4. Motivation: To hold performance review meetings that develop encouragement, a sense of purpose in the job, and help employees increase their motivation to achieve important results for the County. 5. Personnel Actions: To provide background information and documentation for consideration in conjunction with any personnel actions that may occur, including performance pay and promotions. 6. Recognition: To establish a system of on-going feedback whereby employees receive recognition and appreciation for their good performance, accomplishments and achievements and feel affirmed for the contributions they make to the organization. III. System 1. Work Planning. Many employees in professional and managerial jobs will, depending on supervisory discretion, develop an annual work plan to use as a tool to establish job related performance objectives with measurable and observable standards. Each employee covered by this approach to performance evaluation will participate in a workshop designed to help the employee prepare a first draft of the work plan. 155 Performance Review and Development System Page 2 The work plan will be negotiated with the employee’s supervisor as a method of communicating supervisory expectations and agreeing on a program of work for the year including benchmarks, time frames and outcomes. 2. Occupational Groups. All position classifications of the County whose incumbents are not using work planning have been assigned to an occupational group to allow for more specific performance criteria. These occupational groups are found in the Appendix to this document. 3. Performance Standards. Performance standards will be used for all positions. The performance standards are developed for each job classification by the employees in that classification and their supervisors. The forms cover all employees of the County. Performance standards are based on the following criteria: a. Clearly job-related b. Stated in terms of behavior that can be observed c. Specific and descriptive of the behavior d. Focused on results/outputs, not inputs, effort, etc. e. Measurable when possible and feasible 4. Supervisory Supplement. A supplemental form is available to help focus on the supervisory aspects of an employee's job. Where employees have significant responsibility for supervising other employees (including conducting performance evaluations), this form should be used along with the appropriate occupational forms. 5. Lead Worker Supplement. A supplemental form is available to help discuss the lead worker performance for employees who have such responsibilities. Lead worker tasks are those involved in training, assigning and reviewing the work of co-workers when the employee is not the direct supervisor, and therefore, many of the Supervisory Supplement elements are not applicable. 6. Weights. Weights should be established in a conference jointly with the employee(s) and supervisor(s) at the beginning of the performance review period as part of communicating and understanding job expectations and requirements. All weights should add up to 100%. IV. Responsibilities Each person or group identified below has a very important role to play in the Performance Review and Development Program to ensure the overall system's success. Because this program has a significant interdependence component, the effectiveness of each person in performing each aspect of his/her role may substantially affect the overall effectiveness of the program for the County. 1. Board of County Commissioners: The Board of County Commissioners responsibilities include: - supporting the system when the public and employees inquire about it; - adopting policies to govern the system; - respecting the County Manager’s role as program administrator; and - providing consistent resources (funding) to support the program. 2. County Manager. The County Manager's responsibilities include: - ensuring a mechanism to evaluate effectiveness of the Performance Review and Development System; 156 Performance Review and Development System Page 3 - helping establish and communicate organizational goals and objectives with all department heads regularly and working with departments and the Board on changing priorities; - jointly developing management performance standards with department heads; - monitoring the progress and success of the implementation and administration of the performance review program; - educating, promoting, and keeping the Board informed of program status; - working with department heads to make any needed improvements and approving changes to the administrative procedures in the system; - monitoring the system for the degree to which the program is meeting its purpose; - communicating expectations and giving feedback to department heads on their individual performance throughout the year and coaching them in the effective use of the system; - keeping department heads informed of relevant Board activities; - fairly and objectively conducting employee appeals of performance ratings; and - conducting performance review conferences with department heads. 3. Department Heads. The responsibilities of department heads include: - helping develop and communicate organizational goals and objectives to their employees; - educating, promoting, and involving employees in program development, implementation, use, monitoring, and ensuring that new employees are oriented to the system; - providing on-going feedback to their employees, including identifying specific ways employees can improve performance; - identifying employee development and advancement needs and interests and recommending appropriate training opportunities; - supporting the training activities of the program; - ensuring that Performance Review and Development conferences are conducted in a timely fashion; - ensuring that interim performance reviews are completed when supervision changes occur; - keeping management informed on the effectiveness of the system and monitoring the performance ratings in their departments for logical documentation and consistency among divisions, sections, and different supervisors to ensure departmental fairness; - conducting Performance Review and Development conferences with employees answering directly to the department head; and - conducting any employee appeals fairly and objectively and making decisions based on valid performance ratings. Department heads are accountable for the quality and effectiveness of the program in their departments. 4. Supervisors. The responsibilities of supervisors are: - communicating department goals and expectations regularly, as well as the benefits of the performance review system; - clarifying specific job expectations, communicating them to employees, and providing on-going performance feedback to their employees including identifying specific ways employees can improve their performance; - conducting thorough Performance Review and Development conferences in a timely fashion, including making performance rating recommendations; 157 Performance Review and Development System Page 4 - keeping department heads informed on the effectiveness of the system including the contents of the performance review forms and recommending changes necessary to maintain an accurate and fair system following the chain of command; - following the policies and procedures established for the system and applying them fairly and consistently; - identifying employee development and advancement needs and interests and recommending appropriate training opportunities; - fairly and objectively considering all performance rating appeals; and - training new employees in the performance review and development program purpose, objectives, procedures and expectations of employees as well as reviewing forms and performance standards and relating them specifically to the job and setting weights as appropriate. Supervisors are accountable for the Performance Review and Development forms they complete and the recommendations regarding employee performance that they make. 5. Lead Workers. Lead workers are employees who make work assignments, monitor work quality and provide on-the-job training and coaching to co-workers. Lead workers may participate in performance review and development conferences or provide input for them. Lead workers are responsible for: - providing accurate, thorough input regarding the performance of employees on their team including accomplishments/strengths and areas for improvement; - respecting and maintaining the confidentiality of all personnel matters in which they are involved; - assisting supervisors with documentation of performance, both positive and “needs improvement” when assigned; - participating in performance review and development conferences fully and honestly when assigned; and - assisting supervisors with communicating performance expectations and providing on- going feedback and coaching throughout the year. 6. Employees. Each employee is responsible for: - knowing his/her job description, duties and responsibilities; - keeping the mission and goals of the department and job in mind; - working with his/her supervisor on a mutual understanding of work expectations; - providing input and feedback into the Performance Review and Development conference including identifying accomplishments and areas for improvement and performing periodic self assessments regarding own performance; - following the policies and procedures established for the program; - following the chain of command to express concerns and make appeals; - providing candid open feedback to supervisors concerning their satisfaction with the performance review program; and - making suggestions regarding any needed changes in the performance dimensions related to their jobs. 7. Human Resources Department. The Human Resources Department is responsible for: - continuing to provide training and information on implementing the system to Manager, department heads, supervisors, and employees; - working with department heads to make recommendations for any needed improvements to the system; - keeping materials and resources up to date and communicating changes; 158 Performance Review and Development System Page 5 - facilitating/mediating performance review system appeals and processes; - monitoring the system for a) county-wide consistency from department to department; b) adherence to policies and procedures; c) training needs; d) consistency with other personnel actions; e) legality; and f) overall effectiveness, progress, and success of implementation and administration; - providing feedback where needed to manager and departments regarding timeliness, thoroughness, legal issues, fairness, consistency, and system statistical data; - processing personnel transactions and ensuring appropriate documentation; - providing internal consultation on the use of the system to employees, supervisors, and management; - being a resource on information regarding training programs for skills enhancement and continuous improvement as well as identifying trends that lead to training needs for the organization; - notifying departments of upcoming review dates one month in advance; and - tracking the status of reviews that are due. 8. Other Boards and Elected Officials. Members of other boards including Social Services, Health, Soil and Water and Elections and elected officials have the following responsibilities: - Evaluate their appointees or staff; - Have at least one board member participate in training in use of the system; and - Understand the concepts of the Performance Evaluation and Development Program. V. Performance Categories The overall performance of all employees will be rated in one of three categories initially with the possibility of adding a fourth category two to three years after implementation and after the organization has gained skill in using the system: Important Note: The purpose of the Performance Review and Development form is not to dictate a performance rating to the supervisor, but rather to help the supervisor 1) focus on job- related criteria; 2) review the whole period (three months, six months, or a year), not just most recent months; 3) give feedback on relevant aspects of the employee's performance; 4) help document performance, and 5) think through a logical decision on the overall performance rating. The performance standards are not necessarily the only indication of performance; some categories or standards are more important than others; other important aspects for consideration, such as disciplinary actions, may only be found in the summary comments. The supervisor is expected to use reasoned logic and good judgment in determining the overall rating of performance. Documentation is available to support the rating level. Employees should be rated against performance expectations, not against each other. Exceeds Standards. Fully meets all major job requirements identified for the position. In addition, performance frequently exceeds job requirements in several areas. Supervision is required only for special or unusual assignments or problems. (Rating of 2) Achieves Standards. Meets all major job requirements in a competent manner. The employee may occasionally exceed some job requirements. Accomplishes duties in a reasonable and consistent manner demonstrating full proficiency in the job. If there are occasional lapses in performance, they do not create any substantial problems for the organization, nor have any major impact on service delivery. Normal supervision is required. (Rating of 1) Performance Review and Development System 159 Page 6 Fails to Achieve Standards. Performance is inconsistent and one or more major job requirements are not met. Work tasks are not performed or must be repeated due to low quality. Remedial attention and close supervision are required. Failure to correct performance deficiencies in an appropriate amount of time may result in suspension, demotion, or dismissal. A rating at this level should be coordinated with the progressive disciplinary process. (Rating of 0). VI. Procedures 1. Performance Review and Development Conferences and Dates. Performance Review and Development conferences with all County employees will be conducted by the employee's review date. Performance Review and Development conferences will be conducted by the employee's supervisor who may also be accompanied by the next level of supervision. The conference will encompass one year. Informal interim Performance Review and Development conferences may be conducted when needed or according to departmental policies. Performance Review dates will be the anniversary date of the employee’s initial hire or rehire. Performance Review dates will remain unchanged by promotion, reclassification or salary range reassignment. 2. Performance Coaching. (A No Surprises Approach to performance review) An integral part of the Performance Review and Development System is on-going performance feedback and coaching. Whenever a supervisor observes good performance or performance needing improvement, the supervisor should provide specific, timely feedback to the employee. Performance improvement feedback should be designed to help the employee become more successful. Other coaching activities include helping employees identify optional approaches and develop problem-solving skills, planning projects, providing encouragement for difficult tasks, identifying training and resource possibilities, and general problem-solving discussions designed to help employees learn, develop their capacities, and develop their careers. The No Surprises Approach also includes keeping documentation on both positive and improvement feedback provided to employees throughout the year to ensure accurate details at performance review time. 3. Probationary Performance Review and Development Conferences. Probationary Performance Review conferences with new or promoted employees will be conducted before the end of the probationary period. Additional/interim conferences may be held at the employee's or supervisor's request. An employee must receive a rating of no less than "Achieves Standards" in order to move from probationary to regular status. An employee whose performance fails to meet expectations but shows clear promise of successful performance may have the probationary period extended for three months and up to a maximum of an additional six months. This provision in no way restricts the County from dismissing an employee whose performance or conduct is considered unsatisfactory at any point in the probationary period. 4. Performance Review and Development Forms. Departments/divisions may update and revise Performance Review and Development forms as needed to maintain current and accurate performance criteria. The reviewing supervisor shall be responsible for notifying the department head through appropriate channels when updates are needed. Department heads are responsible for initiating changes due to changes in position classifications. All revisions must be reviewed and approved by the Human Resources Director. Revisions will be reviewed for the degree to which they are objective, observable, and job-related performance criteria. 5. Coordination with Discipline. Overall performance ratings of “Fails to Achieve Standards” will be coordinated with the County’s graduated disciplinary policies and procedures. Such a rating 160 Performance Review and Development System Page 7 may be followed by a written warning. When such a rating is earned, additional counseling sessions and performance review sessions will be conducted in six to 12 weeks and careful performance monitoring and coaching will occur. In no case should an employee’s performance remain in the “Fails to Achieve Standards” level for more than six months. 7. Changes in Supervision. Upon the decision of the department head or Human Resources Director, when a change in supervision is imminent due to promotion, transfer or other action involving the employee or supervisor, the current supervisor should conduct an interim Performance Review and Development conference including meeting with the employee and completing all necessary forms. The interim Performance Review and Development information should be considered by the new supervisor, along with performance observed and documented by the new supervisor in determining the employee's overall rating for the performance period. In addition, when there is a change in supervision, the new supervisor and employee should jointly review the employee's performance standards, discuss meanings of words and expectations, and set weights. 8. Documentation. All Performance Review and Development forms will be signed by the employee, supervisor, intermediate levels of supervision, and department head and forwarded to the Human Resources Department no later than 10 working days following the anniversary date of the employee. The employee shall be given a copy of the forms and other documents to keep after all signatures and comments have been completed. All relevant sections of Performance Review and Development forms, including all signatures, will be completed by the appropriate person prior to processing the forms. A personnel action form should accompany all forms. 9. Appeals. Any employee who believes that the application of this policy or his or her performance rating is unfair or inaccurate may make a formal appeal by writing the specific disagreement(s) and filing it with the evaluating supervisor within ten calendar days. The supervisor will provide a written response within seven calendar days after investigation of the appeal. If the employee is dissatisfied with the response from the supervisor, the employee may follow the chain of command to continue to appeal the decision using the County’s Complaint Resolution Procedures, a copy of which is available from the supervisor or Human Resources Department. 10. Training. Department heads are responsible for identifying training needs of supervisors and ensuring that these are met to ensure that Performance Review and Development conferences are conducted effectively. New supervisors will participate in some form of training in the County's policies and procedures as well as effective techniques for conducting performance and development conferences prior to performing them. The Human Resources Department will coordinate this training. 161 Performance Pay Program Person County I. Purposes The purposes of the Performance Pay Program are: 1. To provide a systematic program to reward employees based on job performance, accomplishments, and contributions to the organization; 2. To provide recognition and demonstrate appreciation for job performance; and 3. To provide incentive for improved performance and productivity and to maintain a high level of employee performance and morale. II. Definitions The pay table will be designed with the following rates for each grade: Hiring - the entry level rate for the pay grade. Employees meeting the requirements on their respective class specification should be hired at the Hiring Rate. Applicants who significantly exceed the education and experience requirements on their respective class specification may be considered for hiring above the hiring rate. Minimum - the probation completion position for employees who are hired at the hiring rate. This rate is 5% above the hiring rate. Midpoint - a rate that is half way between the Hiring Rate and the Maximum Rate. The midpoint represents the average salary for the job. The County’s Performance Pay philosophy includes a belief that employees should not be compensated above the Midpoint (average pay) unless their performance is above average (Exceeds Standards). Maximum - a rate that is 55% greater than the Hiring Rate. No employee should be compensated above the maximum rate for his/her job. Definitions for performance levels are found in the Performance Review and Development Policy. III. Responsibilities 1. County Manager. The County Manager will recommend to the Board sufficient funding to ensure an effective Performance Pay program. The County Manager will make decisions regarding Performance Pay awards to department heads. The County Manager will monitor the Performance Pay program in the organization for consistency, fairness, and accurate and complete information. The County Manager may overturn the decision of department managers to award performance pay increases where inconsistencies, failure to follow established policies and procedures, funding availability, or other circumstances dictate. The County Manager will make periodic reports to the Board and Department Heads on the effectiveness of the Performance Pay Program. 2. Department Heads. Department heads will make performance pay decisions in the department, subject to the review and approval of the County Manager, assisted by the 162 Performance Pay Program Page 2 Human Resources Director, based on completing and/or reviewing the Performance Review and Development forms completed by immediate supervisors and upon any other information that is needed. Department Heads will make performance pay decisions regarding increases for their direct subordinates. They will communicate their recommendations to employees, explaining that the recommendation is subject to the review and approval of the County Manager. Department Heads are accountable to the County Manager for the pay decisions they make. 3. Human Resources Department. The Human Resources Department will monitor the Performance Pay Program in the organization for consistency, fairness, adherence to policies, and accurate and complete information. The Human Resources Director will periodically report to the County Manager on the effectiveness of the Performance Pay Program. IV. Performance Pay Amounts Performance pay amounts (includes performance bonus) will be awarded based on the overall performance rating the employee receives for the full year on the final performance review form. Performance pay amounts will include both the market adjustment (cost of living) and performance (merit) increases. These amounts may vary from year to year depending on budget availability and market adjustment amount. Unless a different schedule is published by the County Manager by July 15 of any given year, the following schedule will apply: Below Midpoint Above Midpoint Fails to Achieve Standards No increase No increase Achieves Standards Market adjustment plus 2% Market adjustment Exceeds Standards Market adjustment plus 3% Market adjustment plus 2.5% An employee whose performance fails to meet expectations will have the performance review scheduled again in six weeks to three months. If the employee’s performance is rated “Achieves Standards” at that time, the employee will receive a market adjustment only at that time. If the employee’s performance is rated “Fails to Achieve Standards” the disciplinary process will continue. 163 Performance Pay Program Page 3 V. Performance Pay Bonus. Employees who are at the top of the salary range for their position classification are eligible to be considered for a Performance Pay Bonus. These bonuses shall be awarded based upon the performance of the employee as described in the Performance Review and Development forms. They shall be awarded in lump sum amounts and not built into base pay. If an employee’s current salary is below the maximum of the salary range but awarding the full performance pay amount places an employee above the maximum, then the employee will have the amount that would place him or her above the maximum awarded in a lump sum amount. VI. Probationary Pay Amounts Employees whose salary is at the hiring rate or below the minimum rate for their salary grade shall move to the minimum rate of the established salary range upon successful completion of probation. VII. Promotions The review date for employees will not change because of a promotion. All promoted employees will serve a probationary period and have a probationary review. If the employee is promoted to the hiring rate of the new salary range, and is eligible to receive a 5% probationary increase, the amount received during that fiscal year for Performance Pay will be the market adjustment as long as performance “Achieves Standards”. This means that within a period of 12 months, the employee will have received a promotion increase, a probationary increase and a market adjustment. If the employee is promoted above the hiring rate of the new salary range, the employee is eligible to receive the amount earned based on his/her level of performance in the performance pay system. VIII. Procedure 1. Performance Pay Eligibility Dates. Employees will be considered for a performance pay increase on their anniversary date. Performance pay begins on the first day of the payroll period immediately following the anniversary review date. 2. Documentation. All Performance Review and Development forms will be signed by the employee, supervisor and department head and forwarded to the Human Resources Department with any accompanying memoranda or other documentation for review and filing, along with the Personnel Action Form (PAF). The employee shall be given a copy of the forms and other documents to keep. 3. Appeals. Any employee who believes that his or her performance pay decision is unfair or inaccurate may make a formal appeal by following the appeals procedure described in the appeals section of the Performance Review and Development Policy. 164 Person County Occupational Groups Administrative / Administrative Support 4 - H Yes Program Assistant Accounting Specialist Accounting Technician **Accounting Supervisor Administrative Support Specialist Administrative Assistant Animal Shelter Assistant Clerk to the Board - Executive Assistant Deputy Register of Deeds Desk Officer EMS Billing and Insurance Specialist Finance Technician Library Technician Appraisal Technician Business Personal Property Appraiser Data Entry Operator Deputy Elections Director Deputy Register of Deeds Deputy Tax Collector Desk Officer Detention Administrative Officer Land Records Technician Office Assistant Office Deputy Permits Technician Planning Technician Processing Assistant Public Works Safety Officer Senior Administrative Support Specialist Senior Office Deputy Senior Finance Technician Senior Appraisal Technician Senior Tax Customer Service Representative Tax Customer Service Representative Veterans Services Officer Public Safety Animal Control Officer Deputy Sheriff **Deputy Sheriff - Division Supervisor *Deputy Sheriff - Special Assignment **Deputy Sheriff - Unit Supervisor Detention Administrative Officer **Detention Shift Supervisor Detention Officer *EMT Assistant Shift Supervisor EMT-Intermediate EMT – Paramedic **EMT-Shift Supervisor *Senior Detention Officer *Senior Telecommunicator Telecommunicator Labor and Trades Building Maintenance Mechanic Building Maintenance Technician **Building Maintenance Supervisor **Grounds Maintenance Supervisor Custodian Grounds Maintenance Worker Facility Technician Heavy Equipment Operator Human Services After School Program Coordinator Child Support Agent Community Health Technician Community Social Services Assistant Foreign Language Interpreter Transit Monitor Transit Specialist Family Connections Social Worker Income Maintenance Caseworker (*III) Income Maintenance Investigator **Income Maintenance Supervisor Human Resources Technician Physical Therapy Assistant Practical Nurse Public Health Nurse Public Health Educator Social Worker Technical and Professional Environmental Health Program Specialist Environmental Health Specialist Code Enforcement Officer Fire Code Enforcement Officer GIS Technician Medical Laboratory Technician Medical Laboratory Technologist Network Administrator Park Ranger Recreation Specialist Senior Code Enforcement Officer SOS / One-on-One Program Coordinator Work Planning Adult Medicaid Supervisor Adult Service Supervisor Animal Control Manager Assistant County Manager Assistant Finance Director Assistant to the Library Director 165 March 2010 Athletic Program Supervisor Building Codes Administrator Building Maintenance Supervisor Chief Deputy Sheriff Child Protective Services Supervisor Child Support Supervisor County Engineer County Planner Cultural Arts Program Supervisor Deputy Sheriff - Investigations Commander Deputy Sheriff - Operations Commander Detention Center Administrator Detention Center Operations Manager District Technician DSS Clerical Supervisors DSS Administrative & Accounting Supervisors Elections Director Emergency Services Director Emergency Medical Services Manager EMT Paramedic Training Officer Environmental Health Supervisor Facility Maintenance Program Supervisor Finance Director Fire Marshal Food Assistance Supervisor Foster Care Supervisor GIS Analyst Grounds Maintenance Supervisor Human Resources Director Income Maintenance Program Manager Information Technology Director Library Director Nutritionist Parks and Recreation Director Park Supervisor Person Industries Director Physical Therapist PI Program Manager PI Production Manager PI Job Coaches PI Productions Assistants PI Habilitation Assistants PI Program Specialist PI Field Supervisors PI Vocational Evaluator PI Business Officer PI Production/Maintenance Technician Property Revaluation Manager Public Health Accounting Technician III Public Health Director Public Health Education Specialist Public Health Nursing Supervisor Public Transit Director Public Works Director Recreation Program Supervisor Register of Deeds Self Sufficiency Unit Supervisor Sheriff Social Services Director Social Services Program Manager Social Work Supervisor Tax Administrator Telecommunications Supervisor Telecommunications Technology Specialist * Lead Worker Supplement ** Supervisory Supplement 166 March 2010 Performance Review and Development System Development and Training Schedule I. Focus Groups for Occupational Group Standards Tuesday March 23, 2010 – FEMA Space 9:30 – 11:30 Administrative Support Occupational Group Up to 3 employees in jobs in the occupational group and 1 supervisor who supervises one or more employees from the occupational group from each of the following: Tax Department Register of Deeds Department Social Services Department Public Health Department Sheriff Plus 1 employee from any other department that has employees in this occupational group 1:00 – 3:00 Labor and Trades Occupational Group One employee from each classification in the occupational group, plus to two supervisors from each department that has employees in the occupational group 3:00 – 5:00 Public Safety Occupational Group One employee from each classification plus up to three supervisors from each department represented in the occupational group Wednesday, March 31, 2010 - Person County Office Building Auditorium 9:30 – 11:30 Technical and Professional Occupational Group One employee from each classification plus one supervisor from each department represented in the occupational group 1:00 – 3:00 Human Services Occupational Group One employee from each classification plus one to two supervisors from each department in the occupational group 3:00 – 5:00 Lead Worker Supplement (these are the single asterisks) One to two employees from each classification plus one supervisor of each classification Thursday, April 1, 2010 – Annex (old Social Service Building) 9:30 – 11:30 Supervisory Supplement – (these are the double asterisks) One to two employees from each classification plus one supervisor of each classification 167 March 2010 II. Work Planning Training Workshops There are three possible times for employees in the classifications that will be developing work plans to attend a workshop. They are as follows: Wednesday, March 24, 2010: either 9:00 – 12:00 or 1:30 – 4:30 – Annex (old Social Services building) Thursday April 1 1:30 – 3:30 - Annex – (Old Social Services building) III. Supervisory Training Each supervisor who will conduct performance evaluations should participate in 2 days of training, one Session I and one Session II. It appears there are approximately 90 supervisors who will be conducting performance evaluations. Each session is limited to 30 participants. Possible dates are as follows: Session I: all sessions at FEMA space April 13 9:00 – 4:30 April 14 9:00 – 4:30 April 20 9:00 – 4:30 Session II: April 21 9:00 – 4:30 April 28 9:00 – 4:30 April 29 9:00 – 4:30 IV. Employee Orientation Each employee who did not attend supervisory training will attend a one half day employee orientation session for the new Performance Review and Development System. The MAPS Group will conduct the first two sessions (MAY 11) and then the Human Resources Director will conduct the remaining sessions. Employee Orientation Sessions: There are a maximum of 40 employees in each – Email Gladys who will attend which sessions Date Location Times May 11 FEMA space - 9:30 – 12:00 and 1:30 – 4:00 May 12 Person County Office Building Auditorium 9:30 – 12:00 and 1:30 – 4:00 May 13 Person County Office Building Auditorium 9:30 – 12:00 and 1:30 – 4:00 May 14 Person County Office Building Auditorium 9:30 – 12:00 and 1:30 – 4:00 ***** IT needed May 11 – 14 for PowerPoint presentation setup 168 AGENDA ABSTRACT Meeting Date: June 17, 2013 Agenda Title: Boards and Committees Appointments Summary of Information: Attached are citizen applications for consideration for appointment in response to Person County’s ad soliciting volunteers published in the Courier Times on May 15, 2013 with a deadline to submit application by noon on June 4, 2013. The highlighted boards denote a competitive board and are eligible for the informal interview process if the Board so desires. Please direct the Clerk to organize and inform the applicants of the informal interviews date as set by the Board or consider waiving the process. I would ask the Board to nominate the applicants for appointment if appropriate. - ABC Board 3-Year Term: 1 position available 1) Norman Carden requests appointment 2) Michael Laws requests reappointment - Adult Care Home Community Advisory Committee 1-Year Initial Term; 3-Year Reappointment: 2 positions available and 1 unexpired term to 6/30/14 1) Cornelia W. Jay requests reappointment 2) Lydia Royster requests reappointment - Board of Adjustment 3-Year Term: 2 positions available 1) Leon Martin requests reappointment - Board of Health 3-Year Term: 1 position representing a dentist 1) Dr. Jeff Noblett requests reappointment 1 position representing the general public 1) Dr. Stephen Saunders requests reappointment - Home Health and Hospice Advisory Committee 3-Year Term: 1 position each representing the local hospital and a nurse 1) Janine Wall requests reappointment representing as a nurse - Industrial Facilities and Pollution Control Financing Authority 6-Year Term; 4 positions available 1) Alan Hicks requests reappointment 2) John R. Bradsher requests reappointment 169 - Juvenile Crime Prevention Council 1-Year Initial Term; 2-Year Reappointment each for: a member of the faith community – no applications received, a member of the business community – no applications received, a person under the age of 21 1) Anderson Breeze Clayton requests appointment a representative of United Way or other non-profit agency. 1) Jayne Bremer requests reappointment 2-Year Term: 3 citizens-at- large positions – no applications received, an unexpired term to 12/31/13 representing Mental Health – no applications received, the Chief of Police or designee – no applications received, the District Attorney or designee – no applications received, a representative of the Department of Social Services – no applications received an unexpired term to 12/31/13 representing Juvenile Defense Attorney 1) Brent Groce requests appointment - Jury Commission 2-Year Term; 1 position available – no applications received - Library Advisory Board 3-Year Term; 1 position available 1) Eva Arcuni requests reappointment - Mayo Lake Advisory Committee 2-Year Term; 5 positions available 1) James E. Poindexter, Jr. requests reappointment 2) Dudley Dawson requests appointment - Nursing Home Advisory Committee 1-Year Initial Term; 3-Year Reappointment; 1 position available – no applications received - Person Area Transportation System Board 3-Year Term; 1 position for a citizen that can represent or is affiliated with: economic development 1) Stuart Gilbert requests appointment 2 citizens-at- large positions – no applications received - Person-Caswell Lake Authority 3-Year Term: 1 position available 1) Lindsay T Wagstaff, Jr. requests reappointment - Piedmont Community College Board of Trustees 4-Year Term; 1 position available 1) Tim Gilliam requests reappointment 170 - Planning Board 3 positions available for a 3-Year Term and 1 position with an unexpired term to 6/30/15 1) Steve Carpenter requests appointment 2) Barry Walker requests reappointment - Recreation Advisory Board 3 Year Terms: 2 positions available 1) Donald Long requests reappointment 2) Arnold Ashley requests reappointment - Region K Aging Advisory 3-Year Term: 1 position available – no applications received - Roxboro/Person County Human Relations Commission 3-Year Term; 3 positions available for county residents – no applications received - Social Services Board 3 Year Term: 1 position available 1) Barbara Blackwell requests appointment - Work Force Development Board 1-Year Initial Term; 2-Year Reappointment: 2 positions available representing private industry and 1 position available representing organized labor 1) Tonya Wilson requests reappointment representing private industry - Research Triangle Regional Partnership Randy Reynolds term expires 6/30/13 (this seat is held by the EDC Chairman) By virtue of the position, the recommendation is for appointment for another two years to 6/30/15 - Kerr Tar Regional Council of Government (COG) Board nomination/recruitment to represent private sector Recommended Action: Board nomination for appointment as deemed appropriate. Submitted By: Brenda B. Reaves, Clerk to the Board 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 AGENDA ABSTRACT Meeting Date: June 17, 2013 Agenda Title: Designate NACo Voting Delegate for the 2013 Annual Conference Summary of Information: Voting Credentials for the 2013 Annual Conference to be held July 19-22, 2013, in Tarrant County, Texas, must be submitted by June 28, 2013 in order for Person County’s delegate to participate in the association’s annual election of officers and policy adoption. Recommended Action: Designate Chairman Clayton or Vice Chairman Jeffers as Person County’s delegate with the other designated as the alternate. Submitted By: Chairman Clayton 202 AGENDA ABSTRACT Meeting Date: June 17, 2013 Agenda Title: Resolution Supporting the NC Rural Center Vacant Building Grant Application for Project P90X Summary Information: Person County Economic Development Director seeks to submit a Vacant Building grant to the North Carolina Rural Center ($480,000) to support Project P90X new facility in Roxboro, NC and create 80 new jobs within the next 18 months. According to NC Rural Center grant guidelines, a local government needs to be the applicant for the grant. The Resolution is supporting Person County providing up to $25,000 for the Project P90X as part of the financial cash grant. Recommended Action: Motion to approve Resolution and authorize County Commission Chair to sign resolution and send resolution to North Carolina Rural Center. Submitted by: Stuart C. Gilbert, Economic Development Director 203 RESOLUTION SUPPORTING THE NC RURAL CENTER VACANT BUILDING GRANT APPLICATION FOR PROJECT P90X WHEREAS, while Project P90X has expressed their desire to locate a manufacturing plant in Person County to the Economic Development Director and others, Project P90X has not yet announced this project in Person County, this is a competitive economic development project and therefore the name of this manufacturer is confidential at this time; and WHEREAS, Project P90X has expressed their desire to locate a manufacturing plant in Person County and plans to hire up to 250 employees in the next six years and create additional new capital investments of $22 million dollars; and WHEREAS, to stimulate/encourage economic development and job creation, Person County partners with other organizations to provide financial incentives to induce such new economic development in Person County; and WHEREAS, Person County has held a public hearing on June 17, 2013 in support of providing financial incentives for Project P90X; and WHEREAS, The North Carolina Rural Center has a Vacant Building Grant and an Economic Development Infrastructure Grant and Project P 90X has requested Person County’s support in applying for these grants that could be available through the North Carolina Rural Center. THEREFORE, BE IT RESOLVED that the Person County Board of Commissioners authorizes the County Manager and Economic Development Director to work with and submit to the NC Rural Center all building reuse grants/loans available and to furthermore authorize the Person County Manager and/or Person County Chair of the Board of Commissioners to sign appropriate agreements that may need to be signed with Project P90X and with the NC Rural Center to induce Project P90X to bring a manufacturing facility to Person County. This resolution shall be effective upon adoption. Adopted, this 17th day of June 2013. PERSON COUNTY BOARD OF COMMISSIONERS __________________________________________ Jimmy B. Clayton, Chairman Attest: __________________________________________ Brenda B. Reaves, NCCCC, CMC Clerk to the Board of County Commissioners 204 AGENDA ABSTRACT Meeting date: June 17, 2013 Agenda Title: Fiscal Year 2013-2014 Annual Budget Ordinance Summary of Information: General Statute 159-13(a) directs that the annual budget must be adopted by July 1. The budget ordinance may be adopted at any regular or special meeting at which a quorum is present, by a majority of those present and voting. The Ordinance for FY 13-14 is before the Board for adoption having fulfilled the legal requirements including the conducting of a public hearing. Recommended Action: Adopt the Fiscal Year 13-14 Budget Ordinance Submitted By: Heidi York, County Manager and Amy Wehrenberg, Finance Director 205 Upon a motion by Commissioner __________________________, and a second by Commissioner _____________________________ and majority vote, the Board of Commissioners of Person County does hereby amend the Budget of the Fund(s) listed below on this, the 17th day of June 2013, as follows: Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 14,400 Culture & Recreation 6,497 REVENUES General Fund Charge for Services 19,889 Other Revenues 1,008 Explanation: BUDGET AMENDMENT Appropriating additional revenue received for Concealed Weapons Fees ($2,945); Sheriff's Fees ($1,832); Past Due EMS Fee Collections ($8,577); Animal Fees, Rabies Vaccinations and Animal Services Donations ($1,046); and Recreation Fees for Mayo Park ($3,384) and the Kirby ($2,152), as well as some additional concessions revenue generated from various recreational events ($961). Budget Amendment 18 206