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July 21July 21, 2008 1 PERSON COUNTY BOARD OF COMMISSIONERS July 21, 2008 MEMBERS PRESENT OTHERS PRESENT Johnny Myrl Lunsford, Chairman Heidi N. York, County Manager Jimmy B. Clayton, Vice-Chairman C. Ronald Aycock, County Attorney Kyle W. Puryear Faye T. Fuller, Clerk to the Board Larry H. Bowes Brenda B. Reaves, Deputy Clerk to the Board Larry E. Yarborough, Jr. ************************************************************************ The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, July 21, 2008 at 9:00 a.m. in the Commissioners’ meeting room in the Person County Office Building. Chairman Lunsford called the meeting to order. Commissioner Clayton led in prayer. Commissioner Bowes led the Pledge of Allegiance. Chairman Lunsford introduced the new County Manager Heidi York and welcomed Ms. York to Person County. PUBLIC HEARINGS: A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and carried to open the duly advertised Public Hearing for the 2009 NCDOT Secondary Roads Construction Program. Ms. Tasha Johnson, District Engineer, Division Engineer Wally Bowman, Brandon Jones, Anthony Talley, Michelle Bray, and Michael Goodman were in attendance representing the Department of Transportation. Ms. Johnson stated that highways are ranked every 4th year-based on schools, traffic, etc. She said the last ranking was done in 2005 and will be re-ranked in 2009. The total miles to be paved is 3.20 for a total cost of $1,287,500. The following roads are scheduled for paving: SR 1161 –Vanhook Road from NC 49 to Dead End $237,500 SR 1158 – Chandler Road from SR 1542 to Dead End 380,000 SR 1758 – Roy Rogers Road from US 501 to Dead End 190,000 SR 1566 – McFarland Road from SR 1536 to the Granville County line 380,000 SR 1126 – Charlie Cash Road from US 501 to NC 57 (Partial Funding) 100,000 $1,287,500 General Secondary Paved Road Improvements: 2’ widening, drainage improvements, shoulder Improvements, pavement strengthening, and/or Realignments 590,000 Funds reserved for surveying, right of way acquisition, acquisition, July 21, 2008 2 road additions, contingencies, overdrafts and paving entrances to certified fire departments, r escue squads, etc. 92,500 $1,970,000 No one from the public spoke in support or in opposition relative to the Program. A motion was made by Commissioner Bowes, seconded by Commissioner Clayton and carried to close the Public Hearing. A motion was made by Commissioner Yarborough, seconded by Commissioner Bowes and carried to adopt the 2009 NCDOT Secondary Roads Construction Program as presented. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and carried to open the duly advertised Public Hearing for the Community Development Block Grant Program. The Public Hearing is the second (2nd) required Public Hearing for the Scattered Site Housing Program as required by the Department of Commerce, Division of Community Assistance in order to submit the Application for the housing program. Although Scattered Site Housing Programs are given to all counties with the exception of Entitlement Counties every three (3) years through the Department of Commerce, Division of Community Assistance, a County must hold two (2) Public Hearings as part of the application procedure. The second Public Hearing was advertised on July 9, 2008 in THE COURIER TIMES. Ms. Dera Adair, Grants Administrator for Kerr-Tar Regional Council of Governments informed the Board that the Advisory Committee selected five (5) houses to benefit from whole-house repairs. Two (2) homes are to be rehabilitated and three (3) homes are to benefit from demolition and on-site relocation. In addition, the Advisory Committee allocated $30,000 to Urgent Repairs and selected six applicants to benefit from Urgent Repairs. All applicants chosen are homeowners in the low to moderate income range. Changes were made by the Division of Community Assistance in the application process this year. Two of the important changes are: 1. Most of the “Conditions” required to release funds are to be submitted with the application. Work write-ups showing what needs to be completed on a house are required to be submitted with the application along with tax cards. July 21, 2008 3 2. This will help speed up the release of funds so work on houses can begin much earlier. Both of these requirements will help speed up the process of beginning CDBG work on houses much earlier. Ms. Adair also briefly touched on the subject of manufactured homes as there are three (3) relocations. Any manufactured homes replaced with a manufactured home will be placed on a permanent foundation with the tongue and axel removed in order to make it real property. It may be possible to replace the existing mobile homes with traditional stick built homes. IF this is the process used, the Board needs to realize that the stick built homes may be smaller than the existing manufactured home due to cost of construction and that the process will take longer. Also, the homeowner must make the decision that this is an acceptable replacement, will fit their needs and the homeowner must sign a statement to that effect. (It has always been the program’s policy to try to replace homes with similar homes in size, however as people’s needs change, they sometimes do not need as much space and may decide to select a home with lesser space and/or a different type of construction. It is the homeowner’s CHOICE, but it must always be within the financial parameters of the program.) If the County can complete its houses quickly it may be possible to apply for some additional funding to complete more houses. Ms. Adair told the Board if there were any questions concerning the Scattered Site application or the Public Hearing, she would try to answer them. She stated, on behalf of the applicants and recipients, a thank you for the continued interest and participation in the Scattered Site Housing Program. No one spoke in favor or in opposition to the proposed Community Development Block Grant Program. A motion was made by Commissioner Bowes, seconded by Commissioner Yarborough and carried to close the Public Hearing. A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and carried to approve the CDBG Program as outlined. PERSON COUNTY AMBULANCE FRANCHISE ORDINANCE: A motion was made by Commissioner Puryear, seconded by Commissioner Bowes and carried to open the duly advertised Public Hearing for the revised Person County Ambulance Franchise Ordinance. Emergency Services Director Michael Day explained the changes reflected in the revised version of the Ordinance. He explained that the Ordinance, which had not been July 21, 2008 4 updated since 1990, contained specific outdated language relative to radio communications. He told the Board that the Ordinance revisions had been reviewed and approved by the County Attorney. Chairman Lunsford asked for comments on the proposed Ambulance Franchise Ordinance. Mr. Ryan Wilson and Mrs. Brenda Wilson, representing Wilson Ambulance Service, spoke in opposition to certain sections of the proposed Ordinance. No one else spoke. A motion was made by Commissioner Puryear, seconded by Commissioner Clayton and carried to close the Public Hearing. A motion was made by Commissioner Bowes, seconded by Commissioner Clayton to direct the County Attorney, County Manager, Emergency Services Director and the Wilson’s to work together to arrive at a mutually agreed upon legal document. The motion carried unanimously. (It was understood that the Wilson’s may have their attorney present) ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and carried to approve the agenda as presented. INFORMAL COMMENTS: Frances Blalock – PCPride - 1504 Surl-Mt. Tirzah Rd. – Spoke about the proposed National Bio-Agro-Defense Facility for a site in Butner. Person County is at risk – 5 water systems will be compromised – Citizens and Commissioners need to make concerns known to Homeland Security. Urged attendance on July 29th from 12:30- 4:30p. m. in Butner at Stem Middle School. APPROVAL OF MINUTES: A motion was made by Commissioner Bowes, seconded by Chairman Lunsford and carried to approve the minutes of June 9, 16, 19, 23, 26, 30, 2008 ADMINISTRATIVE REPORTS: A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and carried to accept the following Administrative Reports: Airport. Detention Center, Inspections, Planning & Zoning, Public Library, Public Works-Surplus Property Report; Tax Administration & Collections. July 21, 2008 5 REVIEW OF A PROPOSED MAJOR SUBDIVISION CONCEPT PLAN FOR THOMAS PHILLIPS, JR., OLIVE HILL TOWNSHIP: County Planner Paula Murphy appeared before the Board to present a Major Subdivision Concept Plan for Thomas Phillips, Jr. She told the Board that the Planning Board reviewed the request for a Major Subdivision Concept Plan for Thomas Phillips Jr. on Newton Pleasant Loop Road. The property consists of 22.5 acres and one, five acre lot is proposed. The remaining acreage in the parent tract will be 17.5 acres. On May 15, 2006, a Minor Subdivision Concept Plan was approved for Lots A through E. The owner is now requesting an additional lot which makes this six lots out of a parent tract, requiring Major Subdivision approval. Any future subdivisions of these lots will require Major Subdivision process. Access to these lots is by a fifty foot easement which was created at the time. Access is off of New Pleasant Loop Road. There are no one-hundred year flood areas per Flood Insurance Rate Map 3710996400J, dated June 13, 2003. It is in the South Hyco WSII, Watershed Protection Overlay District. Planning Staff made the following recommendations: 1. Driveway entrances to be approved by NCDOT 2. Water features should be noted on the plat. 3. Any further subdivision will require major subdivision approval. 4. Any other requirements of the Person County Subdivision Ordinance. The Planning Board reviewed this item at their June 12, 2008 meeting and voted 5 to 1 to forward this item with a favorable recommendation with staff comments. A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and carried to approve the Major Subdivision Concept Plan for Thomas Phillips, Jr. with staff recommendations. APPROVAL OF FUNDS FOR VISION 100 GRANT: Public Works Director David Rogers appeared before the Board to request approval of the Airport Vision 100 funds. The allocations, based on a 90% federal and 10% local share for all eligible and approve project cost consist of maintenance items at the airport. The 90% federal allocation is $111,240 and the county’s 10% share is $12,360 which are available in the Airport Budget (Fund 40). A motion was made by Commissioner Yarborough, seconded by Commissioner Puryear and carried to approve the request as presented. APPROVAL OF ANNUAL SETTLEMENT FOR TAXES: A motion was made by Commissioner Puryear, seconded by Commissioner Bowes and carried to approve the Annual Settlement for Taxes. July 21, 2008 6 PROPERTY TAX SETTLEMENT 2007 COLLECTION ACTIVITY FOR PERSON COUNTY AND ROXBORO LEVY COLLECTIONS RECEIVABLES PERCENT 2007 30,922,208.59 30,267,850.00 654,358.59 97.88% 2006 633,722.56 465,920.88 167,801.68 73.52% 2005 422,906.27 332,927.06 89,979.21 78.72% 2004 96,229.29 43,187.38 53,041.91 44.88% 2003 64,665.43 22,987.05 41,678.38 35.55% 2002 52,628.42 15,824.30 36,804.12 30.07% 2001 37,388.82 9,357.72 28,031.10 25.03% 2000 28,863.09 4,897.64 23,965.45 16.97% 1999 22,561.01 2,163.02 20,397.99 9.59% 1998 19,207.82 2,675.09 16,532.73 13.93% 1997 12,202.52 1,293.48 10,909.04 10.60% TOTAL 32,312,583.82 31,169,083.62 1,143,500.20 2007 COLLECTION ACTIVITY FOR PERSON COUNTY LEVY COLLECTIONS RECEIVABLES PERCENT 2007 26,909,640.96 26,350,461.69 559,179.27 97.92% 2006 526,561.36 383,652.74 142,908.62 72.86% 2005 321,241.75 249,688.51 71,553.24 77.73% 2004 78,680.71 37,976.92 40,703.79 48.27% 2003 49,857.47 19,626.63 30,230.84 39.37% 2002 39,814.84 12,921.57 26,893.27 32.45% 2001 28,368.34 7,750.64 20,617.70 27.32% 2000 21,368.50 3,814.21 17,554.29 17.85% 1999 16,789.90 1,776.49 15,013.41 10.58% 1998 14,505.21 2,244.95 12,260.26 15.48% 1997 8,923.23 1,053.27 7,869.96 11.80% TOTAL 28,015,752.27 27,070,967.62 944,784.65 July 21, 2008 7 COLLECTION ACTIVITY FOR ROXBORO LEVY COLLECTIONS RECEIVABLES PERCENT 2007 4,012,567.63 3,917,388.31 95,179.32 97.63% 2006 107,161.20 82,268.14 24,893.06 76.77% 2005 101,664.52 83,238.55 18,425.97 81.88% 2004 17,548.58 5,210.46 12,338.12 29.69% 2003 14,807.96 3,360.42 11,447.54 22.69% 2002 12,813.58 2,902.73 9,910.85 22.65% 2001 9,020.48 1,607.08 7,413.40 17.82% 2000 7,494.59 1,083.43 6,411.16 14.46% 1999 5,771.11 386.53 5,384.58 6.70% 1998 4,702.61 430.14 4,272.47 9.15% 1997 3,279.29 240.21 3,039.08 7.33% TOTAL 4,296,831.55 4,098,116.00 198,715.55 PROPERTY TAX SETTLEMENT 2007 RECEIVABLES FOR REAL PROPERTY AND OTHER PROPERTY PERSON COUNTY RECEIVABLE REAL PROPERTY MOTOR VEHICLES OTHER PROPERTY 2007 559,179.27 302,024.62 237,258.47 19,896.18 2006 142,908.62 103,950.10 27,149.64 11,808.88 2005 71,553.24 46,192.93 18,089.34 7,270.97 2004 40,703.79 24,528.96 12,262.27 3,912.56 2003 30,230.84 13,085.47 12,462.26 4,683.11 2002 26,893.27 9,782.58 13,507.21 3,603.48 2001 20,617.70 6,029.35 10,636.38 3,951.97 2000 17,554.29 3,956.40 9,625.29 3,972.60 1999 15,013.41 2,831.95 7,888.82 4,292.64 1998 12,260.26 2,154.95 6,614.92 3,490.39 1997 7,869.96 1,156.42 6,090.93 622.61 TOTAL 944,784.65 515,693.73 361,585.53 67,505.39 July 21, 2008 8 PROPERTY TAX SETTLEMENT 2007 RECEIVABLES FOR REAL PROPERTY AND OTHER PROPERTY PERSON COUNTY AND ROXBORO RECEIVABLE REAL PROPERTY MOTOR VEHICLES OTHER PROPERTY 2007 654,358.59 339,446.46 286,824.49 314,912.13 2006 167,801.68 117,611.83 33,822.83 50,189.85 2005 89,979.21 53,681.57 22,982.51 36,297.64 2004 53,041.91 28,149.47 16,827.91 24,892.44 2003 41,678.38 15,353.79 17,177.90 26,324.59 2002 36,804.12 11,352.36 18,169.39 25,451.76 2001 28,031.10 6,589.01 14,254.91 21,442.09 2000 23,965.45 4,424.98 13,800.80 19,540.47 1999 20,397.99 3,246.75 10,734.02 17,151.24 1998 16,532.73 2,566.05 8,871.27 13,966.68 1997 10,909.04 1,400.14 8,108.56 9,508.90 TOTAL 1,143,500.20 583,822.41 451,574.59 559,677.79 July 21, 2008 9 PROPERTY TAX SETTLEMENT 2007 RECEIVABLES FOR REAL PROPERTY AND OTHER PROPERTY ROXBORO RECEIVABLE REAL PROPERTY MOTOR VEHICLES OTHER PROPERTY 2007 95,179.32 37,421.84 49,566.02 8,191.46 2006 24,893.06 13,661.73 6,673.19 4,558.14 2005 18,425.97 7,488.64 4,893.17 6,044.16 2004 12,338.12 3,620.51 4,565.64 4,151.97 2003 11,447.54 2,268.32 4,715.64 4,463.58 2002 9,910.85 1,569.78 4,662.18 3,678.89 2001 7,413.40 559.66 3,618.53 3,235.21 2000 6,411.16 468.58 4,175.51 1,767.07 1999 5,384.58 414.80 2,845.20 2,124.58 1998 4,272.47 411.10 2,256.35 1,605.02 1997 3,039.08 243.72 2,017.63 777.73 TOTAL 198,715.55 68,128.68 89,989.06 40,597.81 ISSUANCE OF ORDER OF COLLECTION TO TAX COLLECTOR: A motion was made by Commissioner Yarborough, seconded by Chairman Lunsford and carried to issue the Order of Collection to the Tax Collector of the County of Person as follows: County of Person To the Tax Collector of the County of Person: You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the office of Person County Tax Office and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Person, and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Witness my hand and the official seal, this 21st day of July, 2008. (signed) Johnny Myrl Lunsford, Chairman, Board of Commissioners of Person County (attest) Faye T. Fuller, CMC, Clerk to the Board July 21, 2008 10 REQUEST FOR APPOINTMENT OF COUNTY ASSESSOR: A motion was made by Commissioner Yarborough, seconded by Commissioner Clayton and carried to appoint Russell Jones as County Assessor to serve a term of not more than four years pursuant to G.S. 105-294. The term shall be effective July 1, 2008. REQUEST FOR ADDITIONAL APPOINTMENT TO SOLID WASTE ADVISORY COMMITTEE: Ken Hill, Chairman of the Solid Waste Advisory Committee appeared before the Board to request that two additional positions be added to the Solid Waste Committee and that they be filled by Wanda Rogers and Jerry Ball. A motion was made by Commissioner Clayton, seconded by Commissioner Yarborough and carried to appoint Wanda Rogers and Jerry Ball to the Solid Waste Advisory Committee. APPOINTMENT OF VOTING DELEGATE TO NCACC ANNUAL CONFERENCE: A motion was made by Commissioner Puryear, seconded by Commissioner Bowes and carried to appoint Commissioner Jimmy Clayton as Person County’s voting delegate to the NCACC Annual Conference to be held in New Bern. CHAIRMAN’S REPORT: Urged all members to attend NCACC in New Bern in August. MANAGER’S REPORT: Encouraged Board members to come by and update her on issues. Meeting with staff today and will visit all departments within the next few weeks. COMMISSIONER REPORTS/COMMENTS: Commissioner Clayton - Thanked Paul Bailey for serving as Interim County Manager NCACC – Urged fellow Board members to attend the 100th Session of the NCACC NACo- Concern about economy brought out at meeting. July 21, 2008 11 CLOSED SESSION: A motion was made by Commissioner Puryear, seconded by Commissioner Bowes and carried to go into Closed Session at 10:15 a.m. pursuant to G. S. 143-318.11(a)(3) To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. Upon returning to open session at 12:19 p.m., there was no public statement. RECESS: A motion was made by Commissioner Bowes, seconded by Commissioner Yarborough and carried to recess the meeting until 7:00 p.m. July 21, 2008 12 7:00 P. M. – RECESSED SESSION Interviews for Boards, Commissions, Authorities and Committees Chairman Lunsford called the meeting back to order and stated the Board would go into Closed Session for the purpose of conducting interviews for various Boards, Commissions, Authorities and Committees. A motion was made by Commissioner Yarborough, seconded by Commissioner Clayton and carried to go into Closed Session at 7:00 p.m. pursuant to G. S.143- 318.11(a)(5) – To consider the initial employment or appointment of an individual to any office or position, other than a vacancy in the board of county commissioners or any other public body, and to consider the qualifications, competence, performance, character, and fitness of any public officer or employee, other than a member of the board of commissioner or of some other public body. Upon returning to open session following the interviews, a motion was made by Commissioner Puryear, seconded by Commissioner Bowes and carried to make the following appointments for the stated terms: Adult Care Home Community Advisory Committee: 1-Year initial term; 3-year Reappointment Donald Bingman Nancy Winter Airport Commission: 3-Year term; Dr. Anderson White Animal Control Advisory Committee: Unspecified Term: 1 citizen-at-large position Phyllis Sutton Board of Adjustment: 3-Year term; Ronald Perkins Lois McIver Winstead Herbert Harris – Alternate Board of Health: 3-Year Term: Allision Porterfield – Pharmacist Leon R. Martin – General public Steven Bailey – Engineer July 21, 2008 13 Economic Development Commission: 3-Year Term Gordon Phillip Allen, Jr. Jim Stovall (Note: Commissioner Yarborough suggested Clyde Kelly as an appointee) Home Health and Hospice Advisory Committee: 3-Year Term Gloria Skinner-Pettiford – DSS Representative Leigh Ann Creson – Health Department Representative Orange-Person-Chatham Area Mental Health Board: 4 year Term Dr. Rachel Winstead – 4-year term Debbie Carson – Fill unexpired term to 12/31/09 Person-Caswell Lake Authority: 3-Year Term William Bullock Piedmont Community College Board of Trustees: 4-Year Term Sheila Carden-Pashales Planning Board: 3-Year Term: Kenneth Malcolm Montgomery Recreation Advisory Board: 3-Year Term Froncello Bumpass Connie Munday Roxboro/Person County Human Relations Commission: Fill an unexpired term of 11/2/09 Ronald F. Dunevant, Jr. July 21, 2008 14 Work Force Development Board: 1-Year Initial Term; 2-Year Reappointment Kimberly Fox – Private Industry Chris Wilson – Private Industry Dr. H. James Owen – Education/Public Agency RECESS: A motion was made by Commissioner Puryear, seconded by Commissioner Bowes and carried to recess the meeting at 9:30 p.m. until Tuesday, July 22, 2008 at 8:00 a.m. _________________________________ _______________________ Faye T. Fuller, CMC Johnny Myrl Lunsford Clerk to the Board Chairman