November 5PERSON COUNTY BOARD OF COMMISSIONERS November 5, 2007
MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford, Chairman Steve Carpenter, County Manager
Jimmy B. Clayton, Vice-Chairman Ronald 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, November 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.
RECOGNITION OF VOLLEYBALL TEAM: PROCLAMATION
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear and carried to add to the agenda the approval of a Proclamation honoring the
Person High School Girls Volleyball Team.
Chairman Lunsford recognized the team members, congratulated them on their
State Championship and presented them with the following Proclamation.
PROCLAMATION
PERSON HIGH SCHOOL GIRLS VOLLEYBALL DAY IN PERSON COUNTY
WHEREAS, hundreds of Personians traveled to Reynolds Coliseum, Saturday, November 3, 2007
to witness the Person High School Rocket Girls Volleyball team face the Charlotte Myers Park Mustangs;
and
WHEREAS, the Rockets were victorious in their 3-1 win over the Mustangs to earn the State 4A
Girls Volleyball Championship; and
WHEREAS, the Person High School Rocket Girls Volleyball Team is the first volleyball team
from Person County to ever advance to the State Finals and win two consecutive State championships, a
feat no other team has accomplished; and
WHEREAS, the success of the 2007 Rocket Girls Volleyball Team can be credited to their
individual talents, which was exhibited by the players’ devotion and commitment to hard work and
determination necessary to win; and
WHEREAS, Coach Sandy Mathews led her “Dream Team” to another remarkable winning
season, whereby proving her motto “team work makes the dream work”.
NOW, THEREFORE, the Person County Board of Commissioners hereby congratulates the 2007
Rocket Girls Volleyball Team for its outstanding season and expresses the gratitude of all of Person County
for its accomplishments in winning the 4-A State Girls Volleyball Championship.
THEREFORE, Wednesday, November 7, 2007 is hereby declared Person High School Girls
Volleyball Day in Person County.
(signed) Johnny Myrl Lunsford, Chairman, Person County Board of Commissioners
November 5, 2007 1
A motion was made by Commissioner Puryear, seconded by Commissioner
Bowes and carried to open the duly advertised Public Hearing.
PUBLIC HEARINGS:
1. Request from Sara Poindexter to Rezone Tax Map A26, Parcel 11 on
NC 57 (Semora Road) from Residential to Rural Conservation (RC)
County Planner Paula Murphy told the Board that the County received an
application from Sarah Poindexter to amend the official zoning map. The request was to
rezone Tax Map A26, Parcel 11 on Semora Road from Residential to Rural Conservation.
If rezoned, all land uses permitted in the RC District would be allowed. The general
intent of the RC District is to provide only limited land use controls in areas with limited
non-agricultural development.
The Person County Land Use Plan’s “Future Land Use Map” shows this area as
Rural Residential/Agricultural (poor soils). It is defined as low-density residential (single
site-built and manufactured homes); agriculture, forestry, churches; very limited
commercial, office, or public/institutional uses meeting locational criteria. Locational
criteria for non-residential uses within this land use category would include frontage and
access to a major State highway or secondary road, proximity to similar uses and spatial
separation from non-compatible uses such as existing residential development.
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.
Section 2.2.1 of the land Use Plan states “Encourage development of small
service oriented commercial activities only at existing intersections or median crossovers
on US 501 and other major thoroughfares. Section 2.2.2 states “Discourage strip
commercial development by limiting highway access.”
This parcel consists of 20,000 square feet (100’ x 200’), therefore, it is a
nonconforming lot. There is an existing single family dwelling located on the property.
There is a well and septic system on the property. If this property is developed
for anything other than single family, it will have to meet the site plan requirements in
Section 81 of the Zoning Ordinance. It should be noted that no parking will be allowed
in the septic area which is the area to the rear of the existing structure.
Access to the site is on Semora Road (NC57). A driveway permit will be required
by NCDOT for any changes to the use.
Typical uses permitted by right in the RC District are as follows: ABC store,
retail sales, auto repair, auto sales, banks, bowling alley, builders supply, camping area,
November 5, 2007 2
carwash, construction trades, convenience store, dry cleaners, single family dwelling,
restaurant, fire station/law enforcement center, professional office.
There are many other uses allowed with a Special Use Permit such as Planned
Building Group, electrical generating facility, industrial operations, mobile home park,
private recreation, etc. The storage of coal by-products is allowed with a Conditional use
Permit.
If the property were to remain residential, the following uses would be permitted
by right: single family dwelling, Class “A” and Class “B” manufactured homes, modular
homes, family care homes, nursery operation, horse stables, etc.
The area is not located with a designated watershed and there are no one-hundred
year flood areas on the property. The surrounding area is primarily farmland. At the
intersection of Concord-Ceffo Road there are two businesses and a church.
The request is to rezone a 20,000 square foot lot with an existing single family
dwelling from Residential to Rural Conservation. The lot in question is a
nonconforming lot. The surrounding property is farmland with some residential uses.
There are some commercial uses at the closest crossroads. The properties immediately
adjacent are all zoned Residential. There are some properties along NC 57 that were
rezoned to Highway Business approximately twenty years ago when there was only
zoning for Hyco and Roxboro Township in Person County.
There are four factors in determining a reasonable basis for spot zoning. They are
as follows:
1. Size of tract. The general rule is the small the tract, the more likely the rezoning will be
held invalid.
2. Compatibility with Plan. Need to see if the rezoning fits into a larger context involving
rational planning for the community.
3. Benefits and Detriments. Who benefits and who is harmed from the rezoning. Need to
look at the property owner and the neighbors.
4. Relationship of Uses. Need to look at the relationship between the proposed uses and the
current uses of adjacent properties.
Any change to the use of the property will require a site plan and the requirements
of Section 81 (Site Plan Review) to be met. A new driveway permit from NCDOT will
be required and the new use will need to meet the parking requirements.
The Planning Board held a Public Hearing on October 11, 2007 and voted 7 to 0
to forward to the County Commissioners with an unfavorable recommendation due to
spot zoning.
Chairman Lunsford asked if there was anyone who wished to speak in favor or
opposition to the request. No one spoke.
A motion was made by Commissioner Puryear, seconded by Commissioner
Yarborough and carried to close the Public Hearing.
November 5, 2007 3
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to accept the recommendation from the Planning Board to deny the
rezoning request.
2. Request from Force Protection Industries for a Variation From the
Subdivision Ordinance Pertaining to Road Standards
A motion was made by Commissioner Puryear, seconded by Commissioner
Yarborough and carried to open the duly advertised Public Hearing.
County Planner Paula Murphy stated that the County received a variation request
from Force Protection Industries to allow the abandonment of Cattle Drive and Katmandu
Drive. In place of these two roads, a new fifty foot access easement will be created.
Force Protection is asking for a variation to the Subdivision Ordinance to not require the
new road to be built to NCDOT standards. Per Section 71 of the Subdivision Ordinance,
it states “Where, because of topographical or other conditions peculiar to the site, strict
adherence to the provisions of the regulations of this Ordinance would cause an
unnecessary hardship (monetary considerations are not a proper criterion in determining
hardship), the subdivider may request a variation.
Attached to the request was a letter from Neal Hamlett, Surveyor, addressing the
issues. The justification listed was that Cattle Drive and Katmandu Drive presently do
not meet the new required NCDOT standards.
The Planning Board held a Public Hearing on October 11, 2007 and voted 7 to 0
to recommend approval with the following staff conditions:
1. Road plans to be submitted to the Planning Department and approved by the
County Engineer. Road construction to be approved by the County Engineer.
Road entrance onto Halifax Road to be approved by NCDOT and a copy of
the approval to be given to the Planning Department.
2. An Erosion and Sedimentation Control Plan to be approved by NCDENR and
a copy to be presented to the Planning Department.
3. A copy of the Road Maintenance agreement to be presented to the County
Attorney for approval.
County Planner Murphy stated that all of the items addressed by the Planning
Board have been answered by Force Protection.
Chairman Lunsford asked for comments in favor or in opposition to the request.
Jim Stovall, Chairman Roxboro/Person County Development Board – This road
was one of the incentives offered to Force Protection. It was required that the road be
relocated as a requirement by the Department of Defense. Cattle Drive, which was a
November 5, 2007 4
fifteen foot prescriptive easement would be replaced by a fifty foot easement built to
Class A specifications, which would be four inches of gravel. Cattle Drive has been
replaced which connects unpaved roads at both ends. All property owners were
agreeable to the road work. He said this request is for the second phase of the project
which will be done at Force Protection’s total expense if they so choose to. Force
Protection is closing this week on other properties that would relocate a portion of
Katmandu Drive. Force Protection would also provide a maintenance fund to guarantee
maintenance of the road for a minimum of ten years.
No one spoke else spoke in favor or opposition of the request.
A motion was made by Commissioner Puryear, seconded by Commissioner
Yarborough and carried to close the Public Hearing.
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to approve the request.
3. Request from Bryant and Katie Gravitte for a Change to the Road
Standards Approved in the Special Use Permit for Holloway Landing on
Bowmantown Road, Holloway Township
A motion was made by Commissioner Puryear, seconded by Commissioner
Bowes and carried to open the duly advertised public hearing.
On September 13, 2007, Ernie Wood, surveyor, submitted a proposed change to
the road standards that were approved for a Cluster Open Space (Holloway Landing) off
Bowmantown Road, SR 1512, Holloway Township.
On June 4, 2007, a Special Use Permit was approved for Holloway Landing for a
cluster Open Space Development. The parent tract is a 150 acre parcel owned by Bryand
and Katie Gravitte. Access to the site is off of Bowmantown Road. The approved plan
was to create 39 (.5 acre minimum) lots off of Bowmantown Road on Lake Mayo.
Each lot will be served by individual water and sewer. The approved plan was for
roads to be built to NCDOT standards. Road plans for the subdivision have been
reviewed and approved by the State. The Erosion and Sedimentation plan has been
reviewed and approved by the State. The roads within the subdivision have been built.
The developer is requesting that the road standards be lowered to Class “A” paved roads
rather than NCDOT standards. This is permitted per Section 77-6 (minimum road
design). The reason for the requested change is due to the contractor not meeting of the
NCDOT requirements per the approved plans. The actual pavement, width and depth,
does meet the NCDOT requirements. The developer would like to be able to record the
plat and start selling lots while he works out the road issues with the contractor.
November 5, 2007 5
Since this is a change to the conditions set forth in the Special Use Permit, it
required a revision to the Special Use Permit.
The Planning Board held a Public Hearing on October 11, 2007 and voted 7 to 0
to recommend the allowance of Class “A” roads in the Cluster Space Subdivision.
Ernie Wood, Summit Consulting Engineers, spoke in favor of the allowance of
the Class “A” roads. He said the road did not meet NCDOT specifications due to a
problem with the vertical alignment in one area. Other than that, there is nothing wrong
with the road with the exception of this one item.
No one else spoke in favor or opposition to the request.
A motion was made by Commissioner Puryear, seconded by Commissioner
Bowes and carried to close the Public Hearing.
Commissioner Yarborough acknowledged that he is involved in land development
on Mayo Lake and asked to be recused from voting as his involvement might constitute a
conflict of interest.
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear and carried to approve Commissioner Yarborough’s abstinence from voting.
A motion was made by Commissioner Puryear, seconded by Commissioner
Clayton and by a 4/0 vote to approve the allowance of Class “A” roads in the Cluster
Open Space Subdivision.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Commissioner Clayton requested to add discussion of Sections 80 and 81 of the
Planning Ordinance relative to heating and air conditioning businesses in Industrial
Zones.
Commissioner Puryear requested to add discussion of additional appointments to
the Parks and Recreation Advisory Committee.
A motion was made by Commissioner Clayton, seconded by Commissioner
Puryear and carried to add the two additional items to the Agenda.
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to approve the adjusted agenda.
INFORMAL COMMENTS:
No one spoke.
November 5, 2007 6
APPROVAL OF MINUTES:
A motion was made by Commissioner Clayton, seconded by Commissioner
Bowes, and carried to approve the minutes of October 15, 2007.
ADMINISTRATIVE REPORTS:
The following Administrative Reports were received and accepted by the Board:
Fire Marshal, Public Library, Tax Administration & Collections by motion of
Commissioner Puryear and second by Commissioner Bowes.
APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES:
(At 6:00 p.m. the Board conducted interviews for applicants for the Animal
Control Advisory Committee. There were six applicants, but only four appeared for the
interview process.)
A motion was made by Commissioner Yarborough, seconded by Commissioner
Bowes and carried to appoint Deborah J. Whitfield, Cherie Damron, Rhonda C. Beach
and Virginia Stewart to Citizen-at-Large positions for an unspecified term on the Animal
Control Advisory Committee.
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to add a designated slot on the Animal Control Advisory Committee
for the Animal Cruelty Investigator (Kay Farrell).
N. C. OFFICE OF EMERGENCY MANAGEMENT – DRPP:
County Manager Carpenter told the Board that the Office of Emergency
Management has formed a new committee to work on regionalized planning and support
of emergency response. Person County is in District IV. Person County has been asked
to submit names of individuals to serve on ten identified public safety response groups.
He suggested the following individuals be named to the committee:
Jeff Insley, Chief of Police; Tommy Warren, Assistant City Manager; Kenneth
Torain, Fire Chief; Janet Clayton, Health Director; Dewey Jones, Sheriff; Johnny Gentry,
Fire Marshal; Steve Bray, Roxboro/Person County Rescue Squad; Michael Day,
Emergency Services Director; Tracey Blivens, Person Memorial Hospital; Melissa
Russell, Emergency Management.
A motion was made by Commissioner Bowes, seconded by Commissioner
Clayton and carried to approve the recommended list of individuals to serve on the
DRPP.
November 5, 2007 7
DISCUSSION OF SECTION 80 & 81 OF PLANNING ORDINANCE:
Commissioner Clayton told the Board that two businesses within the County have
expressed interest in swapping business locations. However, HVAC businesses are not a
permitted use in an industrial zoned district.
Ernie Wood, Surveyor, told the Board that there was a misinterpretation of the
impervious surface at the location sought by the HVAC business. The original site plan
showed an excessive impervious surface. He said the two business owners are
negotiating the cost for the minor BMP’s for compliance with standards. The business
must comply with the Neuse River Watershed regulations. Paving issues are required by
NCDOT must also be corrected.
Following a lengthy discussion, a motion was made by Commissioner Puryear,
and seconded by Commissioner Bowes that the Board proceed with action to allow
HVAC businesses in the Industrial District.
County Manager Carpenter reminded the Board that the proper process must be
followed when making a zoning change in order to allow citizen input. Without a public
hearing the public is left out of the process.
A substitute motion was offered by Commissioner Clayton, seconded by
Commissioner Bowes to refer the matter to a Public Hearing to be scheduled for
November 19, 2007. The motion carried unanimously.
ADDITIONAL POSITION ON RECREATION ADVISORY BOARD:
Commissioner Puryear informed the Board that he and Commissioner Bowes met
with representatives of the county booster clubs. He told the Board that the booster clubs
are concerned that their voices are not being heard by the Recreation Advisory
Committee on certain issues. Commissioner Puryear then offered the following motion
to add six additional positions (one from each booster club) with full voting rights to the
Recreation Advisory Board. The motion was seconded by Commissioner Clayton.
Commissioner Yarborough expressed some concern about the substantial change
in the number of Board members. However, Commissioner Puryear said the additional
six members would allow for representation from over the county. Chairman Lunsford,
who serves on the Recreation Advisory Committee, asked if these members were to be
appointed without a recommendation from the Advisory Board. Commissioner Puryear
said he did not see that it was necessary to listen to a recommendation from the Advisory
Board. Chairman Lunsford said there is a process in place to make Board and Committee
appointments when vacancies occur. He further asked if it was the desire of
Commissioner Puryear to usurp that authority and appoint individuals to Boards without
following the appointment process. Mr. Puryear said it was not his intent to override
committees, but to place members in order for their voices to be heard.
November 5, 2007 8
The motion was approved by a 4/1 vote with Chairman Lunsford casting the
dissenting vote.
BUDGET AMENDMENT:
Upon a motion by Commissioner Clayton, and a second by Commissioner Lunford and majority vote, the Board of Commissioners of
Person County does hereby amend the Budget of the General Fund(s) on this, the 5th of November 2007, as follows:
Dept./Acct No.Department Name $Amount
Incr/Decr(-)
EXPENDITURES General
Public Buildings and Grounds 10,000
Public Safety 2,499
Contingency – Undesignated (-) 10,000
Human Services (Health) 40,000
Human Services (DSS-Carry forwards) 60,791
Human Services (DSS grant adjustments) (-) 241,569
REVENUES General
Intergovernmental Revenues (-) 201,569
Other revenues 2,499
Fund Balance Appropriation 60,791
Explanation:
Appropriate" insurance proceeds to repair Sheriff's vehicle $2,499; from Contingency to Central Services for
Commissioner meeting room renovations $10,000; new Health Grant for HIV / AIDS prevention initiatives $40,000;various
DSS carry forwards $60,791and grant adjustments (-)$241,569.
CHAIRMAN’S REPORT: None
MANAGER’S REPORT:
> Joint Meeting with Board of Education on Tuesday – 11/6/07
> Farm City Week Breakfast on Wednesday - 11/7/07
> Farm City Week Lunch on Friday – 11/9/07
> Veteran’s Day Holiday on Monday – 11/12/07
> Visioning Process with Animal Control – Tuesday, 11/13/07 @ 6:00 p.m.
> Arts, Parks and Recreation and Soil and Water Conservation dinners –
11/15/07
> Roxboro Florist has been sold to Homestead Country Florist - Lease to be
advertised and approved at November 19, 2007 meeting.
> County Attorney will lead the Landfill Public Hearing. He has drawn up
procedures to be followed.
COMMISSIONER REPORTS/COMMENTS:
None
ADJOURNMENT:
November 5, 2007 9
November 5, 2007 10
A motion was made by Commissioner Yarborough, seconded by Commissioner
Puryear and carried to adjourn the meeting at 8:34 p.m.
_________________________________ ______________________________
Faye T. Fuller, CMC Johnny Myrl Lunsford
Clerk to the Board Chairman