November 3PERSON COUNTY BOARD OF COMMISSIONERS November 3, 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.
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The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, November, 3, 2008 at 6:30 p.m. in the Commissioners’
meeting room in the Person County Office Building.
Chairman Lunsford called the meeting to order.
The Board held interviews for applicants for the vacancy on the Planning Board.
The three applicants were: Derrick Smith, Kenneth Hill, Lindsay T. Wagstaff, II;
however, Mr. Smith was unable to attend due to a scheduling conflict.
Upon completion of interviews with Mr. Wagstaff and Mr. Hill, a motion was
made by Commissioner Puryear, seconded by Commissioner Clayton and carried to
close the interview process.
At 7:00 p.m. Chairman Lunsford called the regular meeting to order.
Commissioner Clayton led in prayer and Commissioner Bowes led the Pledge of
Allegiance.
PUBLIC HEARING:
REQUEST FOR A TEXT AMENDMENT TO APPENDIX C:
Table of Permitted Uses to Allow Torrified Biomass Product
A motion was made by Commissioner Puryear, seconded by Commissioner
Yarborough and carried to open the duly advertised Public Hearing at 7:00 p.m.
Planning Director Paula Murphy explained that the request from the Planning
Board was to add torrefied biomass product to the Table of Permitted Uses (Appendix C).
These uses will be allowed in the GI and RC Districts with a Special Use Permit. She
further explained that torrefaction is a thermo-chemical process during which woody
biomass is transformed into a product that does not absorb water and is able to be used to
generate electricity.
The Planning Board reviewed this item at its October 9, 2008 meeting and voted
unanimously to forward with a favorable recommendation.
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Chairman Lunsford asked if there was anyone who wished to speak to the issue.
No one spoke.
A motion was made by Commissioner Bowes, seconded by Commissioner
Clayton and carried to close the Public Hearing.
A motion was made by Commissioner Puryear, seconded by Commissioner
Yarborough and carried to approve the text amendment to Appendix C: Table of
Permitted Uses to allow Torrefied Biomass Product.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Commissioner Clayton requested that Mr. Sam Winstead be allowed to speak in
the place of Kay Reynolds who was not able to attend the meeting due to family illness.
A motion was made by Commissioner Lunsford, seconded by Commissioner
Yarborough and carried to grant the request.
A motion was made by Commissioner Yarborough, seconded by Commissioner
Clayton and carried to approve the agenda with the approved adjustment.
INFORMAL COMMENTS:
Eunice Jones: Asked two questions: 1. When, and if, the Board of
Commissioners will do anything to clean up junk from the county. She expressed concern
about water contamination and devaluation of homes caused by these junk piles. 2. What
is one thing the Board has done for the entire county this past year.
Sue Whitt: 395 Carver Huff Well - Concerned about junk cars and well
contamination.
APPROVAL OF MINUTES:
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to approve the minutes of October 20, 2008.
ADMINISTRATIVE REPORTS:
A motion was made by Commissioner Bowes, seconded by Commissioner
Yarborough and carried to accept the following Administrative Reports: E-911, Surplus
Vehicles, Tax Administration & Collection.
RESOLUTION OPPOSING THE NATIONAL BIO-AND AGRO-DEFENSE
FACILITY:
Sam Winstead, speaking on behalf of Kay Reynolds, asked that the Board
reconsider approval of the Resolution Opposing the national Bio-and Agro-Defense
Facility. Ms. Reynolds, by letter, stated that it is the duty of the Board of Commissioners
to protect the citizens of this county in every way possible. That includes protecting the
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air we breathe, the land we live on farm on, and surrounds us and also the water supplies
including the underground table water.
A motion was made by Commissioner Clayton and seconded by Commissioner
Bowes to approve the Resolution to Oppose the National Bio-and Agro-Defense Facility.
The motion was defeated by a 2/3 vote. Commissioners Lunsford, Yarbrough and
Puryear cast the dissenting votes.
PRESENTATION OF PARTNERSHIP FOR CHILDREN’S ANNUAL REPORT:
Ms. Judy Batten, Executive Director, Person County Partnership for Children,
appeared before the Board to present the Partnership’s 2007-2007 Annual Report. Upon
completion of her presentation, she asked that the County reinstate financial support to
the Partnership for Children for this year and subsequent years.
Chairman Lunsford commented on how the funds have benefitted the children of
Person County and thanked Ms. Batten for the services provided to the citizens of the
county.
RESOLUTION ADOPTING A POLICY FOR MUTUAL ASSISTANCE
BETWEEN THE SHERIFF’S OFFICE AND OTHER LAW ENFORCEMENT
AGENCIES:
Sheriff Dewey Jones appeared before the Board to request approval for the
Sheriff’s Office to enter into mutual aid agreements with other law enforcement agencies
for the purpose of assisting and receiving assistance as needed during emergencies and
special operations.
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to approve the Resolution Adopting a Policy For Mutual Assistance
With Other Law Enforcement Agencies.
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APPROVAL OF USE OF FUNDS FROM THE RESTRICTED UNAUTHORIZED
SUBSTANCE TAX:
Sheriff Jones appeared before the Board to request approval to use funds from the
“Restricted Unauthorized Substance Tax”, in accordance with N.C.G.S. 159. The use of
these funds will be used for the purchase of equipment not funded by current budget and
placement of a mobile classroom (donated by the school system) at the firearms range.
A motion was made by Commissioner Puryear, seconded by Commissioner
Yarborough and carried to grant approval of the use of the funds in the amount of
$82,555 from the “Restricted Unauthorized Substance Tax”.
APPROVAL OF CERTIFICATION FOR WILSON AMBULANCE SERVICE
AND SUPPORT:
Emergency Services Director Michael Day appeared before the Board and
informed the Board that Emergency Services has received an application from Wilson
Ambulance Service and Support to begin operating a private ambulance service in the
county. As a start-up company, they have completed the application to the best of their
current ability but there are certain sections that cannot be answered until they are able to
move forward with securing funds and implement a business plan. Those sections are as
follows:
2.1 (C) Roster/resume of agents and employees
2.1 (D) Description of ambulances – no current fleet
2.1 (E) Description of place of business – no current location to operate from.
2.1 (F)Audited financial statement and financial plan – none available as the
business is not in operation.
Mr. Day stated that the Wilson AS&S application has four sections that cannot be
completed until county approval is granted. Per Section III of the Person County
Ambulance Franchise Ordinance, a franchise may be granted if the county finds the
following three conditional sections are met. The discrepancies for each section are
listed:
3.1 (A) Public convenience and necessity – considering the financial
responsibility, experience an character of the applicant. There is no foundation to
review the financial responsibility and experience. This will not be available until
Wilson AS&S is nearing completion of the business and can provide specific
details to their business.
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3.1 (B) Ambulance, equipment and premises designated by the applicant
certified by the county an or State of NC as meeting current rules and regulations
– None of this exists at this point and cannot be verified until the business is
nearing operational readiness.
3.1 (C) Duly credentialed EMT’s employed – There are no current employees
and an evaluation cannot be done until the business is nearing operational
readiness.
With all things considered, Mr. Day recommended approval of a Certificate of
Compliance with of the conditions in the Franchise Ordinance except for Section II
2.1(C), 2.1 (D), 2.1 (E), 2.1 (F). He said this would allow Wilson AS&S to move
forward with their plan to begin securing funds, equipment, facilities and employees to
establish their business. Once all the criteria has been met, the necessary information will
be submitted back to the county for verification and reported to the Board for full
franchise approval.
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear and carried to grant Wilson Ambulance Service and Support a Certificate of
Compliance with all conditions in the Person County Ambulance Franchise Ordinance
except for:
Section II:
2.1 (C) A roster/resume of the training and experience of the applicant, its
agents and employees in the transportation and care of patients – There are
no current employees.
2.1(D) Description of ambulances – No current fleet.
2.1(E) Description of place of business – No Current Location to operate
from.
2.1 (F) Audited financial statement and financial plan – None available as
the business is not in operation.
BOARD AND COMMITTEE APPOINTMENTS:
Juvenile Crime Prevention Council:
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to appoint Melanie H. Puryear to an unexpired term (7/31/09) for a
DSS Representative on the Juvenile Crime Prevention Council.
Planning Board:
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A motion was made by Commissioner Puryear, seconded by Commissioner
Bowes and carried to appoint Lindsay T. Wagstaff, III to fill an expired term (6/30/09)
on the Planning Board.
Roxboro/Person County Human Relations Commission:
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to appoint Angelas Garcia Hunt to a 3-year term on the
Roxboro/Person County Human Relations Commission.
Work Force Development Board:
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear and carried to appoint Ken Hill to a one-year initial term on the Work Force
Development Board representing private industry.
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to appoint Beverly Warren to a 2-year reappointment representing
DSS.
CHAIRMAN’S REPORT:
None
MANAGER’S REPORT:
Next Board meeting will be at FEMA Shelter due to Local Government Day.
3% budget cuts due by Friday - Piedmont Community College and Board of Education
have also been asked to submit budget cuts.
COMMISSIONER REPORT/COMMENTS:
Commissioner Yarborough – Commented that the election process had been a learning
process for him. He thanked the citizens of Person County for allowing him to serve
them for the past four years.
Commissioner Clayton - Expressed his appreciation to the citizens of Person County for
allowing him to serve for the past eight years.
Commissioner Bowes - Thanked people of county and associates on Board for the
opportunity to serve the citizens for the past four years. He said any decisions he made
during his tenure as Commissioner were made for the benefit of the county.
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ADJOURNMENT:
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear and carried to adjourn the meeting at 8:05 p.m.
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Faye T. Fuller, CMC Johnny Myrl Lunsford
Clerk to the Board Chairman