Agenda Packet August 20 2012PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
August 20, 2012
9:00 a.m.
CALL TO ORDER…………………………………………………. Chairman Clayton
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
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.
APPROVAL OF MINUTES:
ITEM #1
August 6, 2012
OLD BUSINESS:
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NEW BUSINESS:
ITEM #2
2011 CDBG Scattered Site Rehabilitation Program ……………………… Julie Reid
ITEM #3
Annual Report from PC Tourism Development Authority …….. Margaret McMann
ITEM #4
Board and Committee Appointments …………………………………. Brenda Reaves
ITEM #5
DSS Attorney Contracts ……………………………………………….. Carlton Paylor
ITEM #6
Utility Easement for Person County Schools’ New
Learning Academy ……………………………………………………….. Ray Foushee
ITEM #7
Recycling grants for Person County schools …………………. Commissioner Blalock
ITEM #8
Broadband Granting Authority ………………….………………………… Sybil Tate
ITEM #9
Budget Amendment ……………………………………………...…. Amy Wehrenberg
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION (if desired by the Board)
ITEM #10
Board orientation training using iPads …………………Gary Latta & Chris Puryear
Note: All Items on the Agenda are for Discussion and Action as deemed
appropriate by the Board.
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PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 6, 2012
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
Samuel R. Kennington
Frances P. Blalock
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, August 6, 2012 at 7:00 p.m. in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Clayton called the meeting to order, led invocation and asked
Commissioner Kennington to lead the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers
and carried 5-0 to move item #7 on the agenda to follow item #3 as requested by
Chairman Clayton.
A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear, and carried 5-0 to add a Closed Session for personnel to the agenda and to
approve the agenda as adjusted.
PUBLIC HEARING:
REQUEST FOR A REVISION TO A SPECIAL USE PERMIT FROM
CAROLINA SOLAR ENERGY, LLC FOR A SOLAR FARM OFF OF FRANK
TIMBERLAKE ROAD:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 5-0 to open the duly advertised Public Hearing for a request for a
revision to a Special Use Permit from Carolina Solar Energy, LLC for a solar farm off of
Frank Timberlake Road.
The public hearing set to hear a request for a revision to a Special Use Permit
from Carolina Solar Energy, LLC for a solar farm off of Frank Timberlake Road
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:
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Ms. Paula Murphy and Mr. Richard Harkrader
Planning Director, Paula Murphy told the Board that on February 20, 2012, the
Person County Board of County Commissioners approved a Special Use Permit request
from Carolina Solar Energy, LLC, for a solar energy generator off Montgomery Drive,
Flat River Township, adjacent to the Person County Airport. The proposal was to
purchase 24.2 acres off of a 36.4 acre parcel for a solar farm. Ms. Murphy stated the new
request shows the solar farm site (Parcel A) with 22.22 acres and Parcel B with 14.68
acres. A subdivision of the property will be required. Electrical Generating Facilities are
allowed with a Special Use Permit in the Rural Conservation District.
Ms. Murphy noted the facility is a 2.4 MWac solar photovoltaic generating
system. The system is similar in design to the two previous solar farms installed by
Carolina Solar Energy. Ms. Murphy stated the design is the same as approved in the
special use permit on February 20, 2012 except for the access to the site. The new Special
Use Permit is to allow a change in the access to the property from Montgomery Drive to
Frank Timberlake Road. Montgomery Drive will not be used for access as was approved
in the initial special use permit. The applicant is requesting to allow access on a proposed
fifty foot easement off Frank Timberlake Road (SR 1129). The fifty foot easement
crosses property owned by Curtis Moore, the estate of Doreen Lunsford and the Helena
Hunt Club. Ms. Murphy noted the easement also has a thirty foot existing Piedmont EMC
easement within the fifty foot easement. Ms. Murphy further noted the subdivision
ordinance requires a Class B road as described in “Minimum Construction Standards for
Private Road, Person County, North Carolina” which will require plans to be submitted
and approved by the County as well as the final inspection of the road. The drive is
shown as 12 feet in width with 4 inches ABC stone. The applicant will have to show that
they have legal authority to use this private easement. Ms. Murphy stated the easement
will need to have a road name for emergency access purposes and addressing. The new
access will need documentation on existing impervious surface and new proposed
impervious including disturbed areas per the Falls Lake Rules. It should be noted that any
new disturbance will be included in each lots’ totals which are cumulative in acquisition
and should they exceed one half acre for single family residential or 12,000 square feet
for commercial, industrial, multi-family, etc., this will require stormwater plans.
Ms. Murphy reminded the Board that the site will not require a well or septic
system and the use will be unmanned and only visited periodically for routine
maintenance. The plans show three parking spaces but the size is not shown. Ms. Murphy
noted Person County’s ordinance requires parking spaces to be a minimum of 9’ x 18’.
Within the Special Use Permit process, all setbacks per the Zoning Ordinance must be
met. The setback requirements are 25 feet for front and rear yards and 20 feet for side
yards.
PHYSICAL CHARACTERISTICS:
Watershed: Located in the Flat River Balance of Watershed, WSIII.
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Flood Hazard: There are no one hundred flood areas on the property. Parcel A, the
location of the solar farm, will have 6038 square feet of impervious area or .624%. Per
the new Falls Lake Rules, anything over 12,000 square feet of disturbed area, not
impervious requires Best Management Practices for commercial or Industrial property.
This would require both parcels to provide some type of stormwater control per the Falls
Lake Rules. It should be noted that any redevelopment of structures or improvements that
existed prior to December 2006 and would not result in an increase of built upon area
and provides stormwater control at least equal to the previous development is not
required to meet the nutrient loading targets of the rules. Retrofits will be required of all
property developed after December 2006.
ORDINANCE PROVISIONS:
Article VII, Section 74-4;
On receiving the recommendation of the Planning Board, the County
Commissioners shall consider the application and said recommendation and 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.
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 Use Plan has this area identified as Office and
Institutional/Commercial which is defined as “commercial uses, office and
public/institutional uses, light industrial, limited residential uses. Residential uses can be
located near non-residential uses with appropriate buffers. Development should be
limited to areas identified for economic development and with public water and 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.
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Ms. Murphy requested the Board’s consideration to the following conditions be
included should they decide to grant approval of the Special Use Permit:
1. Applicant to obtain all Federal, State and Local permits that are required.
2. Applicant to subdivide the property as shown on the plat and the recorded plat
presented to the Planning Department prior to the issuance of a zoning permit.
3. Access to the site by a “Class B” private road per the Person County Subdivision
Ordinance. Construction plans (drawn by a licensed professional) to be submitted
to the County Planning Department for approval. Final Road approval to be
approved by the Planning Department prior to the issuance of a Zoning Permit.
4. Parcel A to meet the new Falls Lake Rules with Best Management Practices and
the reduction of nitrogen and phosphorus if they exceed state requirements.
Applicant to show existing and new disturbance amounts for the access easement.
5. Applicant to show that they have legal access to use the private portion of the
access easement. The access must have a road name for emergency purposes.
6. Applicant to present a final “as built” showing setbacks, drives, parking, etc. This
is to include Parcel A as well as the access easement to the site. Impervious
calculations including disturbed areas must be shown for Parcel A and the access
easement.
7. Applicant to meet all required conditions and specifications of the Person County
Zoning Ordinance.
Ms. Murphy also requested the Board to address the findings of fact in Section
74-4 and whether this proposal is in keeping with the comprehensive plan.
Ms. Murphy stated the Planning Board held a Public Hearing on July 12, 2012
and voted 4 to 0 to recommend approval of the special use permit request with staff
comments and noted that it is in keeping with the Land Use Plan, Section 2.1 and Section
74-4 of the Zoning Ordinance. The Board stipulated that the easement agreement signed
by the three property owners must be presented and an update to the map showing the
entire easement and access prior to forwarding to the County Commissioners.
Commissioner Jeffers asked Ms. Murphy to confirm if the new Falls Lake rules
would apply as the project was approved the 20th of February. Ms. Murphy confirmed
the rules would apply due to it being a commercial business noting the county would be
responsible for retrofitting everything if it was not addressed. Ms. Murphy added that
none of the solar farms go over the 12,000 threshold to implement plans but are counted
as existing. Should there be future new development on those parcels that goes over
12,000 square feet, the grandfathered part will be lost. Ms. Murphy stated they are
starting a basis for the parcels to be grandfathered noting the other land is vacant off the
access easement, and part of that access easement is not showing as already existing,
noting it is all cumulative, i.e. if they divide up the property, it can hurt them in the
future.
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Commissioner Jeffers asked if the rules added any extra costs to the project other
than what was approved in February. Ms. Murphy stated no, noting they look at
impervious calculations with the only difference now is to review the actual disturbance.
Commissioner Blalock asked Ms. Murphy why the property is required to be
subdivided. Ms. Murphy stated the property was divided into two lots and already done
and recorded creating Parcel A which is the Solar Farm, and Parcel B.
Commissioner Kennington asked Ms. Murphy if the new request was only to
change the easement access. Ms. Murphy confirmed noting it is a major change from the
original approval for access to be off Montgomery which came across Parcel B to the
new request with access off Frank Timberlake crossing other people’s property, further
noting those property owners and people within 500 feet had to have a chance to speak on
the new proposed access as a part of the public hearing process.
Commissioner Kennington asked Ms. Murphy where the gate would be located.
Ms. Murphy stated the gate is on the applicant’s property noting she thought the gate is
already up. Commissioner Kennington asked Ms. Murphy to confirm the gate was at the
entrance of the applicant property and not at the entrance of Frank Timberlake. Ms.
Murphy confirmed the gate is not at the entrance of Frank Timberlake and is on the
applicant property.
Commissioner Jeffers confirmed with Ms. Murphy the solar panels are not
counted as impervious. Ms. Murphy confirmed noting just the poles.
Commissioner Jeffers asked Ms. Murphy if the new access road would be
impervious and be paved or graveled. Ms. Murphy stated the access road will be
graveled and from what she was told, it already existed, not sure if they had to expand
noting that is why they will see it as built as to what was existing and the only thing they
added was more gravel.
Commissioner Jeffers asked Ms. Murphy if the property was subdivided prior to
the project. Ms. Murphy stated no and confirmed the requested access road was just a
gravel road with no name.
Commissioner Blalock stated the gravel road will be impervious and will be the
property owners with an easement for the applicant. Ms. Murphy confirmed noting a
road name is needed to address the access into the Solar Farm for easier use for EMS and
Fire Departments, etc., in case of an emergency out there. Ms. Murphy stated if the
property is further subdivided, the road name would be there and the Solar Farm would
have its own address.
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Commissioner Jeffers referred to the subdivision noted in the paragraph and asked
if it fell under the other subdivision rules related to road and name. Ms. Murphy stated it
was only the access easement going into the one lot, different, in that, it has more lots on
it.
Vice Chairman Puryear asked Ms. Murphy if the access road is required to meet
DOT standards. Ms. Murphy stated no, noting it is a Class B only 10 feet in width and 4
inches of gravel and further noted she has been told it already meets the conditions.
Commissioner Jeffers asked Ms. Murphy who chooses the road name. Ms.
Murphy asked the applicant, Mr. Richard Harkrader, and he stated, he, in conjunction
with the other property owners, agreed and signed off on the road name.
The following individuals spoke in favor of the request for a revision to a Special
Use Permit from Carolina Solar Energy, LLC for a solar farm off of Frank Timberlake
Road.
Mr. Richard Harkrader of 1320 Shepherd Street, Durham, stated he was available
to answer any questions confirming what the Planning Director had said that the only
change is the access which is considered a major change in the Zoning Ordinance and
due to come back before the Board.
Commissioner Kennington asked Mr. Harkrader why the change. Mr. Harkrader
stated the access during construction via Montgomery was a very wet and swampy area.
Mr. Harkrader noted the other access already existed noting Piedmont UMC built that
road to service their line coming into the airport.
There were no individuals appearing before the Board to speak in opposition to a
revision to a Special Use Permit from Carolina Solar Energy, LLC for a solar farm off of
Frank Timberlake Road.
A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear, and carried 5-0 to close the Public Hearing for a request for a revision to a
Special Use Permit from Carolina Solar Energy, LLC for a solar farm off of Frank
Timberlake Road.
CONSIDERATION TO GRANT OR DENY SPECIAL USE PERMIT FROM
CAROLINA SOLAR ENERGY, LLC FOR A SOLAR FARM OFF OF FRANK
TIMBERLAKE ROAD:
A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear, and carried 5-0 to approve the special use permit request with all
recommendations noting that it is in keeping with the Land Use Plan, Section 2.1 and
Section 74.4 of the Zoning Ordinance.
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PUBLIC HEARING:
PROPOSED INSTALLMENT FINANCING AGREEMENT TO FINANCE A
PORTION OF THE COST OF CERTAIN IMPROVEMENTS TO SCHOOL
FACILITIES AND ACQUISITION OF CERTAIN PROPERTY:
A motion was made by Commissioner Blalock, seconded by Vice Chairman
Puryear, and carried 5-0 to open the duly advertised Public Hearing for the proposed
Installment Financing Agreement to finance a portion of the cost of certain improvements
to School Facilities and Acquisition of Certain Property.
Finance Director, Amy Wehrenberg stated the purpose of the Public Hearing is to
present the option to consider whether the Board of Commissioners for Person County
should approve a proposed installment financing agreement and certain related
documents associated with the repair and/or replacement of roofing for Southern Middle
School and Person High School. The provision of proceeds will not exceed 3,132,537.50
for these projects, and Person County will secure the repayment with the conveyance of
Southern Middle School from the Board of Education as a security interest that will be
defined in the financing documents. Ms. Wehrenberg noted the Notice of the Public
Hearing was published in The Courier Times not less than 10 days before the date of the
Public Hearing.
Ms. Wehrenberg described the Project proposed included an installment financing
agreement for the purpose of providing funds in an amount not to exceed $3,132,537.50,
with the remaining cost to be funded from available funds in the County's Capital
Improvement Plan that were initially approved for the Project. Ms. Wehrenberg stated an
increase in taxes to fund the repayment of the debt described is not anticipated, and the
County's current debt structure has been determined to be sound and sufficient to support
the additional debt that is the subject of the Public Hearing.
Ms. Wehrenberg stated Person County received bids on August 1, 2012 from the
banking lenders in response to the County’s request for proposals on the $3,132,537.50
proposed installment financing agreement to repair and/or replace roofing for Southern
Middle School and Person High School, which is the Project and subject of the Public
Hearing noting the proposal requested a fixed taxable interest rate-financing for the
principal amount stated with a desired term of 10 to 15 years with an effective interest
rate that accounts for 100% interest credit allowable under the Qualified School
Construction Bonds.
Ms. Wehrenberg referenced the bid sheet that was provided to the Board on
Friday via email and with a hard copy prior to the meeting that summarizes the bids. Ms.
Wehrenberg noted there are many variables on which to base the comparison with the
primary factor to compare are the interest rates. Ms. Wehrenberg stated given that this is
a financing on a Qualified School Construction Bond, it is anticipated that each of the
bidding banks will attempt to lock in on a rate that achieves a 100% interest
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reimbursement to the County, making all bids equal with regards to the provided rates.
Ms. Wehrenberg stated other factors considered in the bid proposals to be more heavily
weighted, such as the costs for banking issuance fees, terms offered, and other account
options. Out of the three responses, Ms. Wehrenberg stated BB&T's proposal appeared
to be the most appropriate of the proposals received by the County to meet its needs and
recommended to the Board to be the lending institution for the proposed financing
agreement.
Ms. Wehrenberg explained her recommendation for BB&T over the other lenders
was due in part for the terms offered, i.e. PNC offered 10 years with no other terms
offered and Person County wanted to lengthen the time for the debt payoff up to 15 years
noting BB&T and SunTrust did accommodate that request. Ms. Wehrenberg stated legal
fees were also a consideration noting BB&T have the lowest quoted fees than the other
two lenders, further noting Person County will not get reimbursed for these costs.
Commissioner Jeffers asked Ms. Wehrenberg the amount, if any, is in the Capital
Improvement Plan (CIP) being set aside for Southern Middle School. Ms. Wehrenberg
stated a recommended amount is in the CIP based on the roofing study estimating
$72,000. Ms. Wehrenberg confirmed that the roofing project was slated for later in the
CIP noting it was bumped up due to the opportunity to receive Qualified School
Construction Bonds that sunset the end of this year. Ms. Wehrenberg and County
Manager, Heidi York confirmed the roofing project was a priority of the School Board.
Ms. Wehrenberg stated prepayment was not a factor in this financing due to the 100%
interest credit reimbursement.
Commissioner Jeffers asked Ms. Wehrenberg if school lottery funds would be
available for this project debt. Ms. Wehrenberg noted $2.1 lottery funds have been
designated by the Board of Education for the Alternative School project. Ms. York told
the Board no further conversations have taken place related to future lottery funds and the
priority of the School Board for those funds. Commissioner Jeffers supported the idea of
using future lottery fund allocations to go toward the roofing financing debt. Ms. York
stated it would be a good topic to discuss at the Fall joint meeting with the School Board.
Commissioner Kennington asked if the Board of Education has approved
conveying Southern Middle School to Person County to use as the collateral for the
financing. Ms. Wehrenberg stated the Board of Education has passed certain documents
pertaining to the financing affirmatively.
Commissioner Blalock inquired to the legal costs to transfer the property to the
county. Ms. Wehrenberg stated the legal fees are built into the total $3.1 million
financing.
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There were no individuals appearing before the Board to speak in favor or in
opposition to the proposed Installment Financing Agreement to finance a portion of the
cost of certain improvements to School Facilities and Acquisition of Certain Property.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 5-0 to close the Public Hearing for the proposed Installment
Financing Agreement to finance a portion of the cost of certain improvements to School
Facilities and Acquisition of Certain Property.
APPROVAL OF LENDER FOR FINANCING OF SOUTHERN MIDDLE
SCHOOL (SMS) AND PERSON HIGH SCHOOL (PHS) RE-ROOFING
PROJECTS:
Vice Chairman Puryear respectively requested Board permission to recuse
himself from the vote for Board action related to the approval of the lender for financing
of Southern Middle School and Person High School Re-roofing projects due to the
recommended lender is his employer.
A motion was made by Commissioner Kennington, seconded by Commissioner
Blalock, and carried 4-0 to recuse Vice Chairman Puryear from the vote for Board action
related to the approval of the lender for financing of Southern Middle School and Person
High School Re-roofing projects.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 4-0 to (a) proceed with the proposed financing of a portion of the
cost of the Project and approve on a preliminary basis the Proposal to finance a portion of
the cost of the Project in an amount not to exceed $3,132,537.50 substantially as
presented, (b) to authorize the Chairman of the Board of Commissioners and the County
Manager and the Finance Director of the County to negotiate further with BB&T the
terms of the Proposal as they consider to be necessary or advisable and to execute and
deliver the Proposal to the Bank at such time as they determine to be appropriate and (c)
to acquire the fee or any lesser interest in the real and personal property included in the
Project, including specifically the site of Southern Middle School and the improvements
thereon, for use by the Person County Schools in order to proceed with such plan by the
County and the Board of Education to finance a portion of the cost of the Project.
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INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Ms. Melanie Steele of 158 Patterson Drive, Roxboro addressed the Board related
to animal welfare in Person County with the following comments:
Inhumane to gas animals
Requested a no kill shelter
Encouraged the county to work with animal rescues
Requested law enforcement to enforce the laws and investigate animal cruelty
complaints
Advocated stopping use of the gas chamber completely without phasing it out
Stated workers at the shelter should be concerned for the animals
Requested the Board to do more for the helpless animals
Ms. Steele gave the Board a copy of photos of horses located in the Berea area
that are malnourished noting Animal Control has been notified.
APPROVAL OF MINUTES:
A motion was made by Commissioner Blalock, seconded by Commissioner
Jeffers, and carried 5-0 to approve the minutes of June 20, 2012 and July 2, 2012.
TAX ADMINISTRATIVE REPORT:
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers, and carried 5-0 to approve the Tax Administrative Report noting the Releases for
the month of June, 2012.
POLICY AND FEE UPDATES FOR PERSON COUNTY PUBLIC LIBRARY:
Library Director, Christy Bondy told the Board that the dissolution of the
Hyconeechee Regional Library System went into effect on June 30, 2012 necessitating a
review of all policies concerning library procedures. Ms. Bondy stated at the first Library
Advisory Board meeting on July 9, 2012, the advisory board appointed officers and
adopted the group’s bylaws, circulation policy, rules of conduct and courtesy, registration
policy, computer use policy and meeting room use policy. In addition, the advisory board
recommended the Board’s consideration of the following changes to the fee schedule:
1. A $3 fee per request for Interlibrary Loans was added to the circulation policy to
aid in the cost of postage for borrowing items from other libraries. The fee will
be waived for requests from high school students. Fines for overdue interlibrary
loan items will be $1/day.
2. The advisory board also reviewed the registration policy and recommended an
out-of-county fee of $25 per year for any individual wishing to obtain a library
card, excluding Caswell and Orange County patrons who will be issued cards
free of charge for a 5 year period through the Memorandum of Understanding
approved by the Board of County Commissioners.
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3. The advisory board further recommended a fee of $75 per year for an out-of-state
individual wishing to obtain a library card.
4. Replacement costs for lost or damaged items will be the item’s list price plus a $2
service charge per item.
The Board discussed the new, proposed $75 per year out-of-state fee further. Ms.
Bondy told the Board that Danville charges $50 out-of-county fee and South Boston
charges $25 out-of-county fee.
Commissioner Blalock noted the advisory board discussed the difficulty in getting
materials from out-of-state delinquent users. Ms. Bond confirmed there are currently 25
out-of-state delinquent users. County Manager, Heidi York added that the county did not
have any means to collect past due accounts for out-of-state patrons which is different for
in-state users. Ms. Bondy stated the average cost per book is approximately $30 noting
each user is eligible to check out 25 items at one time.
Ms. Bondy noted the current policy is for a free card within a 50-mile radius of
the library. Ms. Bondy stated they noticed the out-of-state users within that radius are
many who are delinquent failing to return the library materials. Ms. Bondy stated should
the Board approve the out-of-state fee that the 50-mile radius will no longer be in effect
for out-of -state users.
A motion was made by Commissioner Kennington, seconded by Commissioner
Blalock, to approve the policy and fee updates for the Person County Public Library as
presented.
A substitute motion was made by Commissioner Jeffers, seconded by Vice
Chairman Puryear, to approve the policy and fee updates for the Person County Public
Library as presented with the exception to change the $75 per year out-of-state individual
fee to $50 for a one-year trial period with the fees to be revisited. The substitute motion
died 2-3 for lack of majority. Commissioner Jeffers and Vice Chairman Puryear voted
in favor of the substitute motion. Chairman Clayton and Commissioners Kennington and
Blalock voted in opposition to the substitute motion.
The original motion carried 3-2 Chairman Clayton and Commissioners
Kennington and Blalock voted in favor while Vice Chairman Puryear and Commissioner
Jeffers cast the dissenting votes.
Ms. Bondy announced that Person County Library has been selected as a pilot
library for strategic planning with the state library in which a Steering Committee will
soon meet to create a Strategic 5-year Plan to align with Person County’s Strategic Plan.
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BUDGET AMENDMENTS:
Finance Director, Amy Wehrenberg presented and explained the following two
Budget Amendments.
Upon a motion by Commissioner Jeffers, and a second by Commissioner
Kennington and majority vote (5-0), the Board of Commissioners of Person County does
hereby amend the Budget of the General Fund(s) on this, the 6th day of August 2012, as
follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES Capital Improvement Plan Project Fund 1,372,133
REVENUES Capital Improvement Plan Project Fund
Other Funds 27,822
Transfer from Other Funds 1,344,311
Explanation:
Recording new and closing out completed projects that were part of the FY2013
Adopted CIP.
Ms. Wehrenberg clarified for the Board that $53,343 is budgeted in the CIP for
Southern Middle School (full roof) and $22,211 budgeted in the CIP for Person High
School (portion of the roof), for roofing projects and combined is $75,554 noting as a
part of the above budget amendment will be moved to a project fund to cover any
additional costs that may be incurred with the roofing project. Ms. Wehrenberg stated the
financing of the roofing projects will move up the project by one year.
Commissioner Kennington inquired about who and the amount of the low bid on
the roofing projects. General Services Director, Ray Foushee stated the low bid was from
AAR of Kernersville, NC ($1.60 million) but staff elected to award to the second low
bidder, Triangle ($1.67 million) due to AAR having a 40% mark up on any change orders
(anticipating $800,000-$900,000 in change orders) whereas Triangle would only charge
25% mark up on change orders. Mr. Foushee noted all roofing will be the flat school
roofs.
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Upon a motion by Commissioner Blalock, and a second by Commissioner
Kennington and majority vote (5-0), the Board of Commissioners of Person County does
hereby amend the Budget of the General Fund(s) on this, the 6th day of August 2012, as
follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 53,239
Human Services (53,239)
Public Safety 15,000
Education 2,000,000
Contingency (11,508)
REVENUES General Fund
Intergovernmental Revenues 2,015,000
Fund Balance Appropriation (11,508)
Explanation:
Transferring costs associated with new position adopted in FY 2013 from Dept. of
Social Services (-$53,239) to Information Technology ($53,239) to correctly account for
indirect cost reimbursement; recording the School Lottery funds approved by the
Department of Public Instruction for the Alternative School renovation in the old VFW
Building ($2,000,000); reducing the appropriation of fund balance for the FY 2013
adopted contingency funds for appointed board and committee members as approved in
the Board of Commissioners meeting on July 2, 2012 (-$11,508); and appropriating
Unauthorized Substance Tax Distribution revenues in the Law Enforcement Restricted
Fund for various equipment expenditures ($15,000).
DESIGNATE NCACC VOTING DELEGATE:
Clerk to the Board, Brenda Reaves stated voting credentials for the 2012 NCACC
Annual Conference must be submitted by August 10, 2012 in order for Person County’s
delegate to participate in the association’s annual election of officers and policy adoption.
Ms. Reaves asked the Board to designate Chairman Clayton or Commissioner
Jeffers as Person County voting delegate at the upcoming NCACC Annual Conference.
A motion was made by Commissioner Kennington, seconded by Vice Chairman
Puryear, and carried 5-0 to designate Chairman Jimmy B. Clayton as Person County
voting delegate at the upcoming NCACC Annual Conference.
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NATIONAL HEALTH CENTER WEEK PROCLAMATION:
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Blalock, to adopt the National Health Center Week Proclamation.
August 6, 2012
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August 6, 2012
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PRESENTATION OF THE RECREATION AND SENIOR CENTER AND
ATHLETICS COMPLEX FEASIBILITY STUDY:
John Hill, Director of Recreation, Arts, and Parks Department introduced the
architects and engineering firm to present the Board with an overview and conceptual
plan for the proposed Recreation and Senior Center including an Athletics Complex
Feasibility Study.
Mr. Bill McCaffrey with MHA Works (Michael Hining Architecture) of Durham,
Mr. Dan Jewell and Mr. Kevin Burke with Coulter Jewel Thames, Civil
Engineer/Landscape Architect of Durham presented the Person County Board of
Commissioners the findings, results and recommendation of the Person County
Recreation, Arts, and Parks Recreation and Senior Center and Athletic Complex
Feasibility Study. The feasibly study included the following elements:
1. Project Summary
2. Data Analysis of Participants, Meeting input, and Research of wants and need.
3. Design process and meeting reports:
Site Plan Building Design Concepts including Space Programs and Building
Narratives (Includes engineering answers to: best design practices, best location,
cost effective construction locations and practices)
4. Design Concept and Space Narratives
5. Building Cost Analysis and Development Time Line
6. Operational Cost Analysis
7. Market Analysis
8. Conclusion and Recommendations
Mr. McCaffrey told the Board the study was undertaken to examine the
advantages and disadvantages of combining a new Person County Recreation Center and
the Senior Center into one facility. Mr. McCaffrey stated information was gathered by
holding three public hearings held at Huck Sansbury Gymnasium, Senior Center, and in
the County Auditorium. A survey was passed out during the public hearings to which
208 surveys were returned. The top five amenities based on the survey included 1)
Swimming Pool, 2) Exercise Equipment (Machines), 3) Exercise Programs, 4) Aerobics
Classes, 5) Water Aerobics. Mr. McCaffrey summarized the sites identified and
examined:
1) the Huck Sansbury site, 11.78 acres, existing infrastructure includes a full
gymnasium, 11,000 square feet of available space, heavily used walking track and
tennis courts with inadequate restroom facilities and ADA accessibility
2) the Critcher/Wilkerson site, an undeveloped site, remote in location that could be
utilized as an expanded ball field site but costly development makes it unsuited
for a full combined center, and
3) the existing Senior Center site in downtown Roxboro, two floors without an
elevator with a variety of spaces; inadequate restrooms with a number of NC
Building code violation and structural issues. To find land for all the requested
uses such as a swimming pool, gymnasium, track, etc., would be difficult and
costly.
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August 6, 2012
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The Feasibility Study called for use of the existing facility at Huck Sansbury, plus
some new construction. The site with renovations and new construction totaled 45,000
square feet. The new construction addition total would be 21,000 square feet. The
proposed facility would include a swimming pool, a covered walking track, exercise
room, a multi-purpose area, the Senior Center, recreation office space, and a slightly
smaller softball field.
Mr. McCaffrey outlined a conceptual floor plan of the facility functions and
spaces identifying both common use space and dedicated use by each program using the
Huck Sansbury site given the various parameters such as reusing and recycling of
existing facilities, the amount of county owned property, central location and available
funding budget. The Critcher-Wilkerson site could be developed solely as a new ball
field center with room for ball fields, concessions, restrooms and parking.
Mr. McCaffrey stated the total project budget of $3,700,000 included site work,
building construction and design fees, and will be allocated over several years beginning
in the fiscal year budget 2013 and ending at the end of the 2014 fiscal year. Other
potential funding sources might be grants from the State or Federal government for both
the Park and Recreation side and the Senior Center side with other potential funding
sources available through local public and private entities.
Mr. McCAffrey provided a project budget for each location option:
Huck Sansbury Site: $82.22 per square foot $3,700,000
Critcher/Wilkerson Site: $168.62 per square foot $7,588,000
Roxboro Town Center Site: $157.53 per square foot $7,588,000 plus land costs
Mr. McCaffrey noted the un-budgeted items as the study could not find
development funds for all requested amenities. The un-budgeted items total $2,000,000
and included an additional gymnasium, racquetball courts, additional aquatic facilities,
and a Skateboard Park.
Mr. McCaffrey indicated the existing staff at the recreation office and senior
center may be sufficient to maintain the new combined facility. Mr. Hill estimated a
increase in part-time staff at an estimated cost of $100,000. Related to the revenue and
expenditures, it is anticipated that membership and usage will increase. Total revenues
presented were based on actual totals from the previous year at the existing Huck
Sansbury facility. Projected revenues presented are based on similar activities offered at
the Recreation Department or similar venues in the state. Expenditures for the Huck
Sansbury facility for the past few years have been approximately $200,000 per year.
There is a potential for revenues to exceed expenditures based on the conservative
revenue forecasts. Mr. Hill stated a projected need to operate at an additional $200,000
which includes the additional part-time staff estimated at $100,000.
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August 6, 2012
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Mr. McCaffrey stated each facility is currently paying their respective utility costs
and thus having a combined center would add usable square footage to each facility and
allow combined utility costs nearly equaling their present costs.
Senior Center Utilities for fiscal year 2011-12 $24,822.08
Huck Sansbury Utility for fiscal year 2011-12 $14,022.61
Combined Facility Utilities (projected) $38,300.00
Mr. McCaffrey stated the next step was to receive input from the Board of
Commissioners, and from the community and to include further analysis on the operating
costs and liability insurance costs.
The Board directed Mr. McCaffrey and Mr. Hill to include all the unbudgeted
items so they may see the total package. Commissioner Kennington requested to see a
drawing for the use of ball fields on the Crither/Wilkerson site. The costs indicated for
the proposed complex is at $1.4 to $1.6 million for 1 baseball field, 1 softball field, and a
field to be used for soccer and football as well as concessions/restrooms. The
Critcher/Wilkerson site would fall in the Falls Lake Watershed and the new rules would
apply.
Commissioner Jeffers suggested the final concept include phases. Mr. Hill noted no
grants have been sought at this point in time.
When asked about the architect fees included in the project budget, Mr.
McCaffrey stated the total architect cost is 8% of the total cost. In the presented study
using a $3.7 million budget, the architect costs are $320,000. The Feasibility Study will
be linked on the county web site.
CHAIRMAN’S REPORT:
Chairman Clayton reported the following:
NC Association of County Commissioners Annual Conference in the upcoming
week noting he is the Chairman of the Environmental Committee and a meeting
will be held.
Two ribbon cuttings on Thursday, August 9, 2012 10:30 am and 11:00 am.
MANAGER’S REPORT:
County Manager, Heidi York reminded Vice Chairman Puryear that he may want
to discuss with the Board the possibility to reschedule the September 4, 2012 Board
meeting.
COMMISSIONER REPORT/COMMENTS:
Commissioners Kennington and Jeffers neither had comments.
Commissioner Blalock stated she has been working on the Partnership Agreement
related to the Schools and increasing recycling noting it may be on the next Board
agenda.
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August 6, 2012
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Vice Chairman Puryear requested Board consideration to reschedule the Board’s
Tuesday, September 4, 2012 meeting to the following Monday, September 10, 2012.
Chairman Clayton asked the County Manager, Heidi York if she had any idea what the
agenda would look like in September. Ms. York stated she had the consultant scheduled
to come to the Board’s September 4, 2012 meeting related to the feasibility study for the
Durham/Person counties joint park noting that presentation could be moved to the
September 17, 2012 meeting.
A motion was made by Commissioner Kennington, seconded by Vice Chairman
Puryear, and carried 5-0 to cancel the Board of Commissioners September 4, 2012
regular scheduled meeting.
Vice Chairman Puryear stated the State of NC has deregulated some of the
counties authority to partner with private entities to provide high speed capability
throughout the county and requested the County Manager to bring to the Board’s next
meeting details of the process, advocating the Board to strongly consider moving forward
to bring Person County to 100% access to high speed internet.
CLOSED SESSION:
A motion was made by Commissioner Kennington, seconded by Vice Chairman
Puryear, and carried 5-0 to enter into Closed Session at 8:56 pm, per General Statute
143-318,11(a)(6) for the purpose to discuss personnel with the following individuals
permitted to attend: County Attorney, Ron Aycock, County Manager, Heidi York, Clerk
to the Board, Brenda Reaves, Assistant County Manager, Sybil Tate, Summer Intern,
Will Brooks, Roxboro Mayor, Merilyn Newell, City Manager, Stephen Steese, Economic
Development Commission Chairman, Phillip Allen, and Jim Stovall.
A motion was made by Commissioner Blalock, seconded by Commissioner
Kennington, and carried 5-0 to return to open session at 10:17 pm.
A motion was made by Commissioner Kennington, seconded by Commissioner
Blalock, to support the County Manager in the direction that was given to her to hire an
Economic Development Director.
A substitute motion was made by Vice Chairman Puryear, seconded by
Commissioner Jeffers, to not take action and to extend an invitation to a joint, open
meeting with City Council to receive direction and input from the presentation and
proposal given by Mr. Stovall in Closed Session.
Vice Chairman Puryear stated the group heard from the Mayor and she felt the
proposal had merit and that input should be received by City Council noting he and
Commissioner Jeffers (2 of the 5 Board members felt there was merit) were asking the
Board to consider giving City Council the opportunity to hear the proposal and not to
move forward until all options are reviewed.
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August 6, 2012
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Commissioner Kennington disagreed with Vice Chairman Puryear noting all 5
Board members noted potential merit and suggested the leader of Economic
Development to review what the merit is.
Commissioner Jeffers stated if the Board calls the City a partner and asks them to
be a financial partner; they should be privy to the proposal presented.
Chairman Clayton noted when the City agreed to put the $20,000 in their budget;
the County had already decided to hire an Economic Development Director that would be
funded by the City and the County, answering to the City and County Managers.
Chairman Clayton added the new Economic Development Director would evaluate the
situation for a different perspective as they go forward involving the City and the County.
Chairman Clayton further noted the County has the responsibility for the making this hire
and needs to follow through and move forward.
Vice Chairman Puryear stated a disservice for using the City’s funds if there is an
option available to do the job better and more effectively but not allowing input on the
new proposal.
Commissioner Jeffers stated both governing bodies agreed to fund as was done
noting his point that the Board should not have allowed a new proposal to be heard if all
partners involved are not allowed to hear that proposal. Commissioner Jeffers stated his
appreciation to Mayor for being present as a non-voting member of Council adding, if the
Board was to hear proposals and vote down or vote to continue then all parties involved
should have an opportunity to hear all proposals.
The substitute motion died 2/3 for lack of majority with Vice Chairman
Puryear and Commissioner Jeffers voting in favor while Chairman Clayton and
Commissioners Blalock and Kennington voting in opposition.
The original motion carried 3-2 with Commissioners Kennington, Blalock and
Chairman Clayton voting in favor while Vice Chairman Puryear and Commissioner
Jeffers voted in opposition.
ADJOURNMENT:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 5-0 to adjourn the meeting at 10:23 pm.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman
(Draft Board minutes are subject to the Board approval).
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AGENDA ABSTRACT
Meeting Date: August 20, 2012
Agenda Title: Recycling grants for Person County schools
Summary of Information: The purpose of the recycling grants is to encourage public and
private schools to provide public outreach and education to students, parents and staff about
recycling.
The amount of funds available for the grant program will be 50% of the average annual revenue
generated per ton for each ton over the previous year’s collection. Funds will come from the
County’s General Fund. The amounts used in the formula will be determined in August after the
end of the fiscal year. Allocations will be made once annually and the total amount available is
$25,000.
Formula
For example, if funds had been allocated in FY13 budget process using this formula, then the
county would have allocated $14,490 to the school recycling grant program. Any k-12 school
located in Person County could apply for the funds. Funds that are not allocated during the grant
process would go back into the General Fund.
Sample Calculation for FY2013
FY-1 = FY12
FY-2 = FY11
FY12 tons recycled=1658
FY11 tons recycled=1406
FY12 average $ per ton = $115
(1658-1406) * $115*.50= $14,490
Money must be used to promote recycling and the schools will be required to report annually to
Person Industries and the Person County SWAC about how the money was used and what
programs were implemented to promote recycling.
Recommended Action: Discuss whether the BOC would like to include the recycling grants
program in the FY2014 budget process.
Submitted By: Commissioner Frances Blalock
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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 General Fund(s) on this, the 20th day of August 2012, as follows:
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 60,000
Human Services 757,784
Community Development Block Grant (400,000)
Waterline Extension Construction Project-ARRA (1,512,000)
REVENUES General Fund
Intergovernmental Funds 757,784
Fund Balance Appropriation 60,000
Community Development Block Grant
Intergovernmental Funds (400,000)
Waterline Extension Construction Project-ARRA
Intergovernmental Funds (1,512,000)
Explanation:
BUDGET AMENDMENT
Appropriating fund balance in Law Enforcement Restricted Fund for the purchase of eligible equipment
under the federal seizure and forfeiiture guidelines ($60,000); recording the Community Transformations
Grant received from the Center for Disease Control (CDC) in the Health Department for smoke-free
strategies and healthy living incentives ($757,784); closing out Community Development Block Grant (-
$400,000) that was completed in FY 2011; and closing out the ARRA Waterline Extension Construction
Project (-$1,512,000) which was completed in FY 2012.
Budget Amendment 3283