July 23PERSON COUNTY BOARD OF COMMISSIONERS July 23, 2007
MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford, Chairman Steve Carpenter, County Manager
Jimmy B. Clayton, Vice-Chairman Ronald C. Aycock, County Attorney
Kyle W. Puryear Faye T. Fuller, Clerk to the Board
Larry H. Bowes Brenda 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, July 23, 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.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and
carried to add District Attorney Joe Brewer to the agenda for a presentation.
A motion was made by Commissioner Puryear, seconded by Commissioner Clayton and
carried to approve the agenda as adjusted.
INFORMAL COMMENTS:
Kathy Williams, President of Person County APS: – Thanked the Board for
providing an expanded state-of-the-art animal shelter. Concerned there should be more of an
increase in pet adoptions. Spoke of customer service concerns. Spoke about limited shelter
hours which do not allow for more citizen accessibility. Asked that Board review information
which she distributed and bring back for board discussion, survey surrounding counties for
shelter hours and that shelter personnel attend customer service training. Also asked that the
Animal Control Advisory Committee hold regular meetings. Felt that the shelter needs an up-to-
date mission statement that would be displayed on the Animal Control website.
APPROVAL OF MINUTES:
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to approve the minutes of May 21, 29, June 4, 7, 8, 11, 13, 18, 26 and July
11, 2007.
ADMINISTRATIVE REPORTS:
The following Administrative Reports were received and accepted by the Board: Airport,
Detention Center, Fire Marshal, Inspections, Public Library, Tax Administration & Collections.
A motion was made by Commissioner Bowes, seconded by Commissioner Clayton and carried
to accept the reports as presented.
July 23, 2007 1
7:00 – PUBLIC HEARING
Request to Amend Table of Permitted Uses and Definition for Group Homes in
Planning Ordinance
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to open the duly advertised Public Hearing.
County Planner Paula Murphy stated the county received a request from Sharon and
Jonathon McNeil to amend the Planning Ordinance to allow a group home, a residential
treatment facility for children or adolescents as a Special Use Permit in a Residential and Rural
Conservation District and to amend Appendix B which is the definition section which describes
a residential treatment facility. It describes a residential treatment facility as a residence which
provides services for two to eight children or adolescents with histories of:
1. Diagnosis of psychiatric problems such as mood disorders, adjustment disorders,
ADHD, oppositional defiant disorder and behavioral disorders.
2. Dysfunction within the home, community, or school system.
3. Children who are involved with Department of Social Services and children
adjudicated delinquent or undisciplined involved with the Department of Juvenile
Justice who met the criteria for admission.
4. Children or adolescents who demonstrate the capacity to respond favorably to
rehabilitative counseling and re-integration back into their family and
community.
Ms. Murphy stated that presently under State law, Person County Ordinance allows
Family Care Homes and Group Homes by right in the Residential, B-1, B-2 and Rural
Conservation districts. The Ordinance defines this as follows: A home with support and
supervisory personnel that provides room and board, personal care and habitation services in a
family environment for not more than six resident handicapped persons. A handicapped person
is the key to family care in a group home.
In order to qualify for this treatment, the facility must be designed to provide room,
board and care for six or fewer handicapped persons in a family environment. Handicapped
persons include those with physical, emotional, or mental disabilities, but not those who have
been deemed dangerous to themselves or to others.
Ms. Murphy stated this had been a difficult issue for the Planning Board. The Planning
Board held a public hearing on May 10, 2007 and June 14, 2007 and voted in a four to two vote
to recommend unfavorably the request to allow a Group Home-Residential Treatment facility
with a Special Use Permit in the Residential and Rural Conservation Districts with the definition
and reference to Section 1700 of the North Carolina Administrative Code.
Chairman Lunsford as for comments in favor of the request.
Sharon McNeil: She and her husband plan to open the residential facility for youth from
the ages of 5 to 19. She said they hoped to open here and eventually branch out.
Nan Jeffers: consultant to Phoenix Center – did not know they had to been zoned in the
July 23, 2007 2
County until she started to file licensure. She reinterated that the youth are not handicapped
persons, they are adjudicated, youth with mental disabilities, etc.
Chairman Lunsford then asked for comments from anyone present who is opposed to the
request.
Beverly Warren – understanding that this home is a private endeavor. Concerned about
where they would turn for consultation when children give problems. DSS does not have staff or
expertise to handle cases. Concern that resources do not exist in county to offer services which
will be needed. Adjudicated children will present different problems. DSS does not have staff
to provide professional consultation or mental health staff to provide professional consultation
for persons with types of problems.
No one else spoke.
A motion was made by Commissioner Puryear, seconded by Commissioner Bowes and
carried to close the Public Hearing.
Chief Deputy Al Rhew said this type of facility, based on prior history, would put a
burden on law enforcement.
Chairman Lunsford made a motion to accept the recommendation from the Planning
Board to deny the requests. The motion was seconded by Commissioner Clayton and carried
unanimously.
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Rural Operating Assistance Program (ROAP) for FY 2007-08
A motion was made by Commissioner Clayton, seconded by Commissioner Yarborough
and carried to open the duly advertised Rural Operating Assistance Program Public Hearing.
Person Area Transportation System Director Gerald Lunsford informed the Board that
six requests were received for the allocation of the Rural Operating Assistance Program (ROAP)
for Fiscal Year 2007-2008. He said the six requests totaled $140,431. A State appropriation of
$90,553 is anticipated. The recommended 2007-08 allocation is as follows: PATS- $37,726;
Person County Council on Aging- $14,825; Person Counseling Center/Club Creative- $13,785;
Person County Group Homes- $8,096; Person County Department of Social Services- $7,664;
Person Industries- $8,457.
Mr. Lunsford said it may be possible for Person County to receive Supplemental Funding
totaling $59,548 and if these funds are awarded they would be distributed in the following
manner: PATS- $24,934, COA- $6,737; Counseling Center/Club Creative- $6,737; Group
Homes- $6,737; DSS- $7,664 PI- $6,739.
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Chairman Lunsford asked for comments from the public in attendance. No one spoke in
favor or opposition.
A motion was made by Commissioner Puryear, seconded by Commissioner Bowes and
carried to close the public hearing.
CONSIDERATION OF APPROVL OF MAJOR SUBDIVISION CONCEPT PLAN FOR
CHARLOTTE WEAVER:
County Planner Paula Murphy informed the Board that the Planning Board reviewed a
request for a Major Subdivision Concept Plan (Charlotte Weaver) on SR 1128, Tom Oakley
Road and SR 1131, Cates Mill Road. The property consists of 120 acres and three lots are
proposed. The property will be served by individual well and septic. No new roads are
proposed, all access will be on existing Secondary roads. The property is directly adjacent to the
Person County Executive Airport and part of the property is within the Industrial Zoning District.
Tract One consists of 3.80 acres and is located on Cates Mill Road. A large portion of
this tract is zoned Industrial. Residential structures are not permitted in Industrial zones. Tract
Two consists of 36.8 acres and access will be off Cates Mill Road. Tract Three consists of 79.57
acres and access will be off Tom Oakley Road. Any future subdivision of these lots will require
major subdivision process.
The Planning Board reviewed this item at their June 14, 2007 meeting and recommended
approval with staff comments in a 6 to 0 vote.
Planning Staff recommended the following conditions:
1. Driveway entrances to be approved by NCDOT.
2. All water features to have a fifty-foot buffer.
3. Any further subdivision will require major subdivision approval.
4. No residential uses within the Industrial district.
5. All other requirements of the Subdivision Ordinance
A motion was made by Commissioner Clayton, seconded by Commissioner Lunsford
and carried to approve the request with staff comments.
REQUEST FOR WATER LINE EXTENSION – PROGRESS ENERGY, ROXBORO
PLANT:
Assistant County Manager/Engineer Paul Bailey told the Board that the City of Roxboro
has received a request for a water line extension to serve the Progress Roxboro Plant located at
1700 Dunaway Road, Semora, NC. This request is being made by Progress Energy to allow the
Roxboro Plant domestic water supply to be connected to the City of Roxboro’s water system.
Progress Energy has not requested assistance with the cost of this extension.
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In accordance with the City-County Joint Water and Sewer Agreement, the Person
County Board of County Commissioners must approve any water line extension outside the
Roxboro City limits. Roxboro City Council has approved this request.
Mr. Bailey recommended approval of the request.
A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and
carried to approve the request as presented.
CONSIDERATION OF RECYCLING CENTER HAULING AGREEMENT:
Assistant County Manager/Engineer Paul Bailey presented a request for approval of a
Recycling Center Hauling Agreement. He said a new Agreement was necessitated by the closing
of a company in South Boston, Virginia that processed half of the materials received at the
Person County Recycling Center. The term of the Recycling Center Hauling Agreement is one
year. Mr. Bailey reviewed the Agreement with the Board.
A motion was made by Commissioner Bowes, seconded by Commissioner Puryear and
carried to authorize Assistant County Manager/Engineer Paul Bailey to execute a Recycling
Center Hauling Agreement with First Piedmont Corporation for term of one-year.
CONFIRMATION OF AWARD OF JUSTICE ASSISTANCE GRANT (JAG):
Chief Deputy Al Rhew informed the Board that the Sheriff’s Department applied for and
was awarded a technology grant which will allow sharing of information with some adjoining
counties/cities through a database. Mr. Rhew asked for a transfer of $10,000 from the Drug
Seizure Fund to be used to purchase equipment for the SRT team.
A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and
carried to approve the request for transfer of funds.
CONSIDERATION OF DETENTION CENTER MEDICAL SERVICES CONTRACT BY
AND BETWEEN PERSON COUNTY SHERIFF’S DEPARTMENT AND SOUTHERN
HEALTH PARTNERS, INC.:
Chief Deputy Al Rhew appeared before the Board to explain a proposed medical service
contract with Southern Health Partners. Southern Health Partners will supply medical
personnel, prescriptions, and supplies for the Detention Center for a population up to one
hundred for an annual cost of $117,300. SHP will pay up to $30,000 for outside services. SHP
will also provide medical professional liability insurance cover of $1 million per claim and will
hold harmless the Sheriff and the County should any medical litigation arise concerning their
medical care responsibilities.
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A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and
carried to authorize the Sheriff to execute the contract by and between Person County Sheriff’s
Department and Southern Health Partners, Inc. following review by the County Attorney.
CONSIDERATION OF APPOINTMENT TO RPO-RTAC:
As a Rural Transportation Planning Organization (RPO), Person
County has a voting seat on the Transportation Advisory Committee (RTAC) that is filled by a
County Commissioner. The appointment to the RTAC will serve a two-year term from 2007 to
2009.
Commissioner Yarborough stated he would be willing to be reappointed. He did,
however, state that the Thoroughfare Advisory Committee feels the City and County should
move forward with joining the MPO.
A motion was made by Commissioner Clayton, seconded by Commissioner Bowes and
carried to reappoint Commissioner Larry Yarborough as Person County’s appointee on the
RTAC for a period of two years.
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 B. Clayton as Person County’s voting delegate to the
NCACC Annual Conference to be held in Fayetteville, NC.
APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES:
Juvenile Crime Prevention Council:
By unanimous vote Froncello Bumpass was appointed to fill an unexpired term ending
12/31/08 for a Citizen-at-Large position.
There were no applicants for the Person Under the Age of 21 position.
Will Carver, by unanimous vote, was appointed to fill an unexpired term ending 12/31/08
for a Member of the Business Community.
Kristy Walker, by unanimous vote, was appointed to a 2-year term as the designee from
the Police Department.
William H. Whitfield, Jr. was the lone applicant for the designee from the Sheriff’s
Department. However he was not appointed. The vacancy will be re-advertised.
Nathan Baskerville, by unanimous vote, was appointed for a 2-year term as the designee
from the District Attorney’s Office.
July 23, 2007 6
Judith Akers, by unanimous vote was appointed to a 2-year term as the designee from the
Department of Social Services.
Mayo Lake Advisory Committee:
Applicants for two positions on the Mayo Lake Advisory Committee were Greta Paith,
Doug Mabe, and Grant M. Christy. By unanimous vote, Doug Mabe and Grant M. Christy were
appointed to two-year terms on the Advisory Committee.
Person County Mentors:
County Manager Carpenter explained that the Mentor’s grant program expired. It is
unclear at the present time if the program will be re-formed.
Person County Nursing Home Advisory Committee:
Elizabeth Blackwell was the only applicant for a term on the Person County Nursing
Home Advisory Committee. By unanimous vote, Ms. Blackwell was appointed to a 3-year
reappointment. The remaining three positions available will be re-advertised.
Person Area Transportation System Board of Directors:
There were no applicants for the 2 available positions. Both will be re-advertised.
Adult Care Home Community Advisory Committee:
There were no applicants for one available position. It will be re-advertised.
Home Health and Hospice Advisory Committee:
There were no applicants and will be re-advertised.
Hyconeechee Regional Library Board:
By unanimous vote, Carol O. Reed, was appointed to a 3-year term on the Hyconeechee
Regional Library Board.
Industrial Facilities and Pollution Control Financing Authority:
Alan Hicks, Conley Mangum, Leon Martin and Dr. John Bradsher were appointed to 6-
year terms on the Industrial Facilities and Pollution Control Financing Authority. The one
remaining vacancy will be re-advertised.
Jury Commission:
There were no applicants and will be re-advertised.
DISTRICT ATTORNEY JOE BREWER:
District Attorney Joe Brewer appeared before the Board on behalf of the shareholders in
the Courthouse. Register of Deeds Amanda Garrett and Clerk of Court Deborah Barker also
were in attendance.
July 23, 2007 7
District Attorney Brewer spoke to the Board about various space, sanitation and security
needs in the Courthouse. He reminded the Board that the Courthouse Space Needs Committee
had met and proposed a floor plan, but the architect had not met the committee in months.
He asked the Board to direct the County Manager to direct architects to meet with the
courthouse committee. The committee can come up with cost wise solutions for
recommendation back to the Board.
BUDGET AMENDMENT:
Upon a motion by Commissioner Clayton, and a second by Commissioner Puryear and majority
vote, the Board of Commissioners of Person County does hereby amend the Budget of the General
Fund(s) on this, the 23rd day of July 2007, as follows:
Dept./Acct No.Department Name $Amount
Incr/Decr(-)
EXPENDITURES General
Human Services 41,239
REVENUES General
Intergovernmental Revenues 41,239
Explanation:
Appropriate: Special WIC Mini-Grant for equipment, furniture and supplies $41,239.
CHAIRMAN’S REPORT:
County Manager evaluation due by end of week.
MANAGER’S REPORT:
● Rotary Club plans to erect memorial at courthouse in honor of World War II
Veterans.
● County will advertise and hold a Public Hearing prior to any agreements with FPI
July 23, 2007 8
July 23, 2007 9
COMMISSIONER REPORTS/COMMENTS:
Commissioner Clayton –
● Reported on NACo conference.
• Mentors Program - $7500 appropriated for local match – since program was not
funded, county could reallocate those funds to roots&wings. Suggested that
Ronnie Dunevant and a representative from Good Samaritans be invited to the
next Board meeting.
Commissioner Yarborough said he would like for the requests to be evaluated by
the Department of Social Services prior to being brought to the Board.
Commissioner Larry Yarborough – County should move forward with renovation of
top floor of courthouse.
County Attorney Ron Aycock – introduced Minnesota State Executive Director - Jim
Mulder.
ADJOURNMENT:
A motion was made by Commissioner Yarborough, seconded by Commissioner Bowes
and carried to adjourn the meeting at 8:45 p.m.
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Faye T. Fuller, CMC Johnny Myrl Lunsford
Clerk to the Board Chairman