February 5PERSON COUNTY BOARD OF COMMISSIONERS February 5, 2007
MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford, Chairman Steve Carpenter, 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
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, February 5, 2007 at 7:00 p.m. in the Commissioners’ Room of the Person
County Office Building.
Chairman Lunsford called the meeting to order. Commissioner Clayton led in prayer and
Commissioner Bowes led the Pledge of Allegiance.
PUBLIC HEARINGS: 7:00 p.m.
A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and
carried to open the duly advertised public hearing.
#1 - CLOSEOUT PUBLIC HEARING –CDBG GRANT #02-C-0964
Dera Adair, CDBG Grants Administrator, Kerr-Tar Regional Council of Governments,
appeared before the Board and presented the following information on the closeout of Grant #
02-C-0964. Ms. Adair said the Public Notice is required by NCAC 19-L and the Community
Assistance for the closeout of Grant # 02-C-0964, Scattered Site Housing Grant. No equipment
was purchased, therefore, no property disposition. $360,510.08 was spent as shown on the
Certificate of Completion. $39,489.92 was returned and out of that amount $15,282.18 was
Administrative funds not used. Only $14,000 remained which was not enough to do a rehab
house and urgent repairs were not allowed under this grant; therefore, the remaining funds were
returned to the state.
Of the $40,000 budgeted for Administration, only $24,717.82 was spent; $14,000 was
budgeted and spent in Clearance activities. One household with three people was benefited in
the Clearance. In Relocation, $76,000 was budgeted and $69,382.24 was spent. In Rehab of
private houses there was a budget of $270,000 and $252,410.02 was expended.
Ms. Adair asked if there were any questions. There were none.
A motion was made by Commissioner Bowes, seconded by Commissioner Clayton to
close the public hearing.
February 5, 2007 1
PUBLIC HEARING #2:
A motion was made by Commissioner Bowes, seconded by Commissioner Clayton and
carried to open the duly advertised public hearing.
COMMUNITY TRANSPORTATION PROGRAM APPLICATION
In the absence of PATS Director Gerald Lunsford, County Manager Carpenter explained
to the Board that this is the second public hearing held on the proposed Community
Transportation Program Application to be submitted to the North Carolina Department of
Transportation. State advertising requirements changed and required that project costs be
identified in the notice when published. To comply with the rule change, a second public notice
was published in the paper with general circulation and the Total Funding Request of $357,716
with a Total Local Share of $42,248.30 was advertised. There were no other changes.
A motion was made by Commissioner Yarborough, seconded by Commissioner Bowes
and carried to close the duly advertised public hearing.
A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and
carried to authorize the submission of the Community Transportation Program Application.
DISCUSSION/ADJUSTMENT OF AGENDA:
A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and
carried to add discussion of appointment of an Animal Cruelty Investigator and a Mental
Health Board appointee.
INFORMAL COMMENTS:
Mitch Pergerson, Director of Recreation, Arts & Parks – Recently notified of award
given by the Racquet Sports Industry/American Sports Builders Association 2006 Distinguished
Facility-of-the-Year Awards for construction of the four court complex at Person High School.
The complex is a new project, complete with lights, player seating, shaded areas, and spectator
viewing areas. Construction required extensive rock removal, including blasting holes for four
of the light poles, and building concrete swales for drainage. The nomination was made by
Court One, Youngsville, NC.
This was a joint project with the Person County Board of Education. Mr. Pergerson
thanked the Board of Commissioners for funding the project.
APPROVAL OF MINUTES:
A motion was made by Commissioner Bowes, seconded by Commissioner Puryear, and
carried to approve the minutes of December 18, 2006, January 8, 16, 2007.
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ADMINISTRATIVE REPORTS:
The following Administrative Reports were received and accepted by the Board:
Airport, Detention, Fire Marshal and Tax Administrator.
REVIEW OF PROPOSED MAJOR SUBDIVISION CONCEPT PLAN FOR LEGACY
LAND GROUP OFF NC 57 AND BAREFOOT LANDING, AND A VARIATION TO THE
ROAD REQUIREMENTS OF THE SUBDIVISION ORDINANCE FOR BAREFOOT
LANDING LANE:
County Planner, Paula Murphy appeared before the Board and explained the request for
the Major Subdivision Concept Plan was made by Legacy Land Group, LLC. The parent tract is
a 39.4 acre parcel owned by Legacy Land Group LLC. The developer is proposing to cut 9.3
acres off which abuts NC 57, south of the power line as shown on the plat. Access to the site if
off of NC 57, Rainey Ridge and Barefoot landing Lane. The proposal as presented is to create
11 (15,000 square foot minimum) lots off of Barefoot Landing Lane, a Class A paved road. Per
Section 75, the minimum size for lots with central septic systems is 15,000 square feet. These
lots will all front on Hyco Lake. Roads within the subdivision will be built to NCDOT
standards.
The property in question is located in Cunningham Township in a residential zoning
district and shown on Tax Map A3, Parcel 36.
On October 12, 2006, a Special Use Permit for a cluster development was submitted by
Neal Hamlett, surveyor, for property located off of Semora Road, NC 57, in the Cunningham
Township. A Public Hearing was held on November 9, 2006 by the Planning Board. The
developer decided to withdraw the SUP for the Cluster Development and proceed with a Major
Subdivision proposal. The developer is still seeking a variation for the upgrade of Barefoot
Landing. The lots will be served by individual well and community septic system. The
property is presently vacant land that is partially wooded with some open land. A power line
with a one hundred foot easement crosses the property. It is not located within a designated
watershed and there are no flood areas on the property.
The developer is requesting a variation to the Subdivision Ordinance in not to be required
to upgrade Barefoot Landing to NCDOT standards. Section 50-1(d) of the Subdivision
Ordinance states that if a road is expanded it must be brought up to NCDOT standards. Section
71-1 allows a variation to those standards. A stub-out is shown for any future access that might
be required if the adjacent tract is ever developed.
Planning Staff recommended that if this approval is granted, the following conditions be
included:
1. The roads are to be constructed to NCDOT standards. Road construction plans are to
be submitted to and approved by NCDOT. A copy of the approved road construction
plans are to be submitted to the Planning Department. Board to make a
recommendation on the requested variation.
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2. An Erosion and Sedimentation Control Plan to be submitted to NCDHNR, Division
of Land Resources, Land Quality Section and a copy of the approved plan to be
submitted with the construction plan.
3. A Road Maintenance agreement to be prepared, reviewed and approved by the
County Attorney prior to approval of the final plat.
4. Road name to be presented to the County prior to approval of the final plat.
5. All other requirements of the Subdivision Regulations of Person County, North
Carolina be met prior to submittal of the final plat.
The Planning Board reviewed this item at their January 11, 2007 meeting and made the
following recommendation:
1. Recommended that a variation be granted for Barefoot Landing Lane because of
the quality of Barefoot Landing (pavement) and that it meets all the requirements
of the ordinance except for the vertical sight distance.
2. Recommended approval of the Major Subdivision Concept Plan with staff
recommendations.
Both recommendations were approved by a 6 to 0 vote.
The Board had no questions for the developer.
A motion was made by Commissioner Clayton, seconded by Commissioner Yarborough
and carried to approve the request as presented with staff recommendations and Planning Board.
REPORT OF UNPAID TAXES THAT ARE LIENS ON REAL PROPERTY:
Russell Jones, Tax Administrator, as required by G.S. 105-369(a), reported unpaid taxes
as of February 5, 2007. The unpaid taxes as of 5:00 p.m. this date were $1.5 million on real
estate for the 2006 tax year and 3,600 bills. He stated there is no one single bill unpaid, just
small bills. He said these numbers were in line with previous years. He predicted a high
collection rate for the end of the year.
ORDER FOR ADVERTISEMENT OF UNPAID REAL ESTATE TAXES:
A motion was made by Commissioner Yarborough, seconded by Commissioner Clayton
and carried to set the advertisement date for delinquent 2006 real property taxes as March 10,
2007.
ESTABLISHMENT OF DATE FOR BOARD OF EQUALIZATION AND REVIEW:
A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and
carried to set the date of April 2, 2007 at 1:00 p.m. with adjournment no later than 4:30 p.m. for
the Board of Equalization and Review.
February 5, 2007 4
CONSIDERATION OF COST ESTIMATE FOR BOARD OF ELECTIONS/IT
PROJECT:
County Manager Carpenter reviewed project details for the Elections/IT upfit project. A
cost estimate of $167,789 for the project was provided. Discussion ensued relative to change out
of door frames for installation of solid core doors and electrical receptacles in the floor.
After discussion, the Manager was given authorization to execute a change order to
facilitate the installation of drops in the floor for electrical receptacles. However, the Board
recommended that the door frames not be changed to accommodate solid core doors.
CONSIDERATION OF ANIMAL CRUELTY INVESTIGATOR APPOINTMENT:
A motion was made by Commissioner Bowes, seconded by Commissioner Clayton and
carried that Patrick Walters be removed as Animal Cruelty Investigator and that the Animal
Control Director or the Sheriff of Person County be authorized to retrieve any County owned
property (i.e. badge, manuals, ordinances, other documents) from Mr. Walters. The motion
further included the appointment of Cathy Williams to the Animal Control Advisory Board .
Ms. Williams is the new president of APS of Person County
This action follows action taken by the APS to remove Mr. Walters from the Animal
Control Advisory Committee.
CONSIDERATION OF APPOINTMENT TO OPC MENTAL HEALTH BOARD:
A motion was made by Commissioner Bowes, seconded by Commissioner Clayton and
carried to remove Mr. Patrick Walters as an appointee to the OPC Mental Health Board and that
the vacancy be advertised.
CHAIRMAN’S REPORT:
None
MANAGER’S REPORT:
City-County Manager’s meeting Wednesday – Friday this week.
Board Retreat February 13, 2007 – 9:00 a.m. – Tricia’s Expresso
COMMISSIONER REPORTS/COMMENTS:
Commissioner Yarborough – Attended RPO meeting last week – No one from NCDOT was in
attendance.
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Commissioner Clayton – A bill has been introduced to cap Medicaid at present level and reduce
Medicaid cost a percentage over a number of years
Commissioner Puryear – inquired about contact with Dr. Jim Johnson (County Manager will see
him on Wednesday in Raleigh.
RECESS:
At 8:05 p.m. a motion was made by Commissioner Clayton, seconded by Commissioner
Bowes, and carried to recess the meeting until Tuesday, February 13, 2007 at 9:00 a.m. for a
Board Retreat.
______________________________ _________________________________
Faye T. Fuller, CMC Johnny Myrl Lunsford
Clerk to the Board Chairman