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September 17PERSON COUNTY BOARD OF COMMISSIONERS September 17, 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. ***************************************************************************** The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, September 17, 2007 at 9:00 a.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: Add: Presentation of Certificate of Achievement for Financial Reporting A motion was made by Commissioner Yarborough, seconded by Commissioner Bowes and carried to accept the addition to the agenda and approve same as amended. PUBLIC HEARING: Asphalt Plant Moratorium A motion was made by Commissioner Clayton, seconded by Commissioner Yarborough, and carried to open the duly advertised Public Hearing. County Planner Murphy told the Board that a subcommittee has been appointed to review the RC zoning district within the Planning Ordinance. The review for possible revision will take about three months. The following comments were heard from citizens: David Brooks - Lives across the road from Sunrock – At last meeting voiced his opposition to asphalt plant- People in Woodsdale area ask that Board hold Sunrock to a higher standard to make them respect county and do the right thing - Feels Sunrock has been reckless in their business behavior. Skip Carden – Requested that the Board put a band on asphalt plants in Person County. County needs no more plants. Recommended the zoning district be reviewed to protect citizens of county. Choose to protect citizens by enacting a moratorium or a permanent band on asphalt plants. Asphalt plants bring trucks which destroy roads. Sees no advantage to having asphalt plants. Faye Boyd – live in Timberlake community. Moved to Person County in 2001 - Concerned about traffic, road conditions, air quality, property values in community created by September 17, 2007 1 trucks going and coming from asphalt plant. Asked that the Board ban asphalt plants in community. A motion was made by Commissioner Bowes, seconded by Commissioner Clayton and carried to close the Public Hearing. A motion was made by Commissioner Clayton, seconded by Commissioner Yarborough and carried to adopt the Asphalt Plant Moratorium. ASPHALT PLANT MORATORIUM Whereas, The Person County Board of County Commissioners at its August 20, 2007 meeting enacted a moratorium on the issuance of new permits for asphalt plants for a six months period under the authority of its general police power G.S. 153A-321; and Whereas, the Person County Planning Department has begun a review of several zoning classifications and districts; and Whereas, the Board now finds that it would be desirable to enact a new and complementary moratorium on new asphalt plants and related petroleum manufacturing facilities permits for a twelve (12) month period beginning on September 17, 2007 and ending twelve (12) months thereafter under the authority of Article 18 of G.S. Chapter 153A. Now, Therefore Be It Resolved that the Person County Zoning Ordinance be, and is hereby amended by adding the following provision: Notwithstanding any provision in this Zoning Ordinance to the contrary, no manufacturing and processing facility involving petroleum products as one of the materials being manufactured and/or processed (including, but not limited to, refineries for gasoline and other fuels, liquefied gas refineries, asphalt plants, finished petroleum products plants, plants which manufacture asphalt paving mixtures and blocks, asphalt shingles and/or coating materials, and plants manufacturing or processing petroleum lubricating oils and greases) shall be permitted, and no application for any permit or approval to operate such a facility shall be accepted, processed, reviewed or considered by the County for a period of twelve (12) months from and after September 17, 2007. Attest: (signed) Faye T. Fuller, CMC Johnny Myrl Lunsford, Chairman Clerk to the Board Person County Board of Commissioners INFORMAL COMMENTS: None APPROVAL OF MINUTES: A motion was made by Commissioner Bowes, seconded by Commissioner Puryear, and carried to approve the minutes of August 22, September 4, 6, 2007. ADMINISTRATIVE REPORTS: September 17, 2007 2 A motion was made by Commissioner Clayton, seconded by Commissioner Yarborough and carried to accept and approve the following Administrative Reports: Emergency Medical Services, Fire Marshal, Inspection Department. APPROVAL OF RESOLUTION AUTHORIZING PUBLICATION OF INTENT TO SUBLEASE PROPERTY – ROXBORO FLORIST: County Manager Carpenter advised the Board that the rental price reflects fair market rent for the space occupied by Roxboro Florist. A motion was made by Commissioner Bowes, seconded by Commissioner Clayton and carried to adopt the Resolution Authorizing Publication of Intent to Sub-Lease Property. RESOLUTION AUTHORIZING PUBLICATION OF INTENT TO SUB-LEASE PROPERTY Whereas, the Person County Board of Commissioners desires to lease excess real estate owned by the County at the Kirby Building designated as 217 North Main Street, Roxboro, N. C. Now, Therefore Be It Resolved by the Person County Board of County Commissioners that: The property proposed to be leased is 2,100 square feet now occupied by Roxboro Florist, Inc. The proposed lease is for a five-year (5) period with one additional five-year (5) renewal option at a rental of $3.84 per square foot and a rate per square foot for the renewal period determined by a rental value appraisal agreed to by the parties. The property proposed to be leased will not be needed by the County for term of the proposed lease. The Board intends to authorize execution of the lease at its October 1, 2007 meeting. The Board directs that a notice of its intent to lease be published at least ten (10) days prior to its October 1, 2007 meeting. This 17th day of September, 2007. Signed: Faye T. Fuller, CMC Johnny Myrl Lunsford Clerk to the Board Chairman APPROVAL OF VISION 100 –AIRFIELD IMPROVEMENTS-FUNDS: County Manager Carpenter advised the Board that $150,000 has been allocated for the Person County Airport under VISION 100. The allocation will be based upon a 90% federal and 10% ($16,667.00) local share for all eligible, approved project costs. He told the Board that local funds are available in the Airport Reserve Fund and no additional dollars would be required. September 17, 2007 3 A motion was made by Commissioner Clayton, seconded by Commissioner Yarborough and carried to accept the Airfield Improvement funds. APPOINTMENT TO JUVENILE CRIME PREVENTION COUNCIL: A motion was made by Commissioner Yarborough, seconded by Commissioner Puryear and carried to appoint Ahmad Arthur to a one year term as a person under the age of 21 and Catherine Waugh to fill an unexpired term (12/31/08) in the citizen-at-large position on the Juvenile Crime Prevention Council. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING: Chairman Lunsford presented the Certificate of Achievement for Excellence in Financial Reporting to the Finance Department for the year ending June 30, 2006. This marks the 19th consecutive year the award has been presented to the Finance Department. Finance Director Andy Davenport recognized his entire staff for their excellent work in the department. Chairman Lunsford also offered words of praise and congratulations to the entire staff. BUDGET AMENDMENT: Upon a motion by Commissioner Clayton, and a second by Commissioner Bowes and majority vote, the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 17th day of September 2007, as follows: Dept./Acct No.Department Name $Amount Incr/Decr(-) EXPENDITURES General General Government (-) 2,400 Professional Services 10,000 Environmental Protection 14,928 Human Services 6,236 Transfers 2,400 Reappraisal Fund General Government 2,400 REVENUES General Intergovernmental Revenues 6,236 Fund Balance Appropriation 24,928 Reappraisal Fund Transfer from General Fund 2,400 September 17, 2007 4 Explanation: Appropriate fund balance to carry forward unspent Soil & Water Conservation District Funds $14,928 and for equipment purchases by Sheriff $10,000; transfer from Tax Administration Department to Reappraisal Fund for equipment purchase $2,400;and Health promotion grant $6,236. CHAIRMAN’S REPORT: COG Banquet – September 27, 2007 MANAGER’S REPORT: ► Hal Oakley, Communications Director, was the recipient of the 9-1-1 Director of the Year at the NENA Annual Conference held in Sea Trail ► Animal Control Advisory Board to be expanded - Asked Board to give names for inclusion on Board. ► Code Red and CT Connect – A brief explanation of the two systems was given and estimated cost for each. Following discussion, the Manager was directed to obtain proposals and make a presentation to the LEPC (Local Emergency Planning Committee) to determine if there was any interest from within the business community to share in the funding and use of such a system. ► Caswell County Commissioners – Attempt being made to resume discussion with them. ► Security vehicle for PCC – Advised Board that the County gave an old Sheriff’s Department car PCC several years ago. They have now requested another surplus vehicle due to the age and repair expense on the first one. Commissioner Yarborough made a motion to transfer a car to PCC that would otherwise be sold on GovDeals and to assess the type of vehicle to be transferred to PCC as well as the amount of use of the vehicle. The motion carried by consensus. ► Manager met with Dr. Johnson & Ron Fisher on Wednesday – Set a tentative date of October 22-26 for a lunch meeting to meet with focus group to identify the top priority items identified in the strategic planning process. In November Dr. Johnson will led a discussion on how to finance items - November September 17, 2007 5 September 17, 2007 6 COMMISSIONER REPORTS/COMMENTS: None RECESS: A motion was made by Commissioner Bowes, seconded by Commissioner Yarborough and carried to recess the meeting at 9:55 a.m. until 7:00 p.m. for the scheduled Public Hearing. _________________________________ _________________________________ Faye T. Fuller, CMC Johnny Myrl Lunsford Clerk to the Board Chairman