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PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
March 16, 2015
9:00 am.
(Meeting to be held in the County Office Building Auditorium)
CALL TO ORDER…………………………………………………. Chairman Puryear
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION OF LOCAL GOVERNMENT DAY ….. Welcome & Introductions
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10 minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
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ITEM #1
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Approval of Minutes of February 16, 2015, B. Approval of Minutes of March 2, 2015,
C. Budget Amendment #13, and D. Tax Adjustments for the month of March 2015
a. March 2015 Tax Releases, and b. March 2015 NC Vehicle Tax System pending refunds
UNFINISHED BUSINESS:
ITEM #2
Second Reading of Abandoned Structure Ordinance ............................ Sam Hobgood
NEW BUSINESS:
ITEM #3
Preliminary Options on Senior Center Sites ……………. Heidi York & Ray Foushee
ITEM #4
County Employee Health Benefits Plan for FY 15-16 ……………………. Heidi York
& Angie Warren
ITEM #5
Strategic Plan focusing on Community and Economic
Development ……………………………………………… Sybil Tate & Stuart Gilbert
ITEM #6
Cooperative Extension Service Update …………………………………. Paul Westfall
ITEM #7
Public Sale of “Library House” ………………………………………….. Ray Foushee
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
Closed Session per General Statute 143-318.11(a)(4) for the purpose of discussion of
matters relating to the location or expansion of industries or other businesses in the
county (economic development).
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 16, 2015 MEMBERS PRESENT OTHERS PRESENT
Kyle W. Puryear Heidi York, County Manager David Newell, Sr. C. Ronald Aycock, County Attorney B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Jimmy B. Clayton Tracey L. Kendrick
The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, February 16, 2015 at 9:00 am in the Commissioners’ meeting room in the Person County Office Building. Chairman Puryear called the meeting to order. Vice Chairman Newell was absent until 9:24 am. Commissioner Kendrick led invocation and Commissioner Clayton led the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Kendrick and carried 4-0 to approve the agenda.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Andy Withers of 42 Lakeview Estates Road, Semora addressed the Board on his thoughts related to Person County pursuing a Unified Development Ordinance asking why normal governance was not sufficient. Mr. Johnny Lunsford of 179 Carrington Lane, Roxboro reminded the Board of the Strategic Plan direction and the voters’ desire in 2008 to have adequate planning for a Senior Center and a Recreation Center. Ms. Margaret McMann of 303 Windsor Drive, Roxboro advocated for the Board to approve the request for alcohol to be permitted at the Person County Museum, the Kirby Theatre, Mayo Park Amphitheatre and the Mayo Educational Community Center noting the opportunities to have great concerts and wedding venues at these locations. Ms. Patricia “PJ” Gentry of 541 Byrd Creek Lane, Hurdle Mills and a commercial real estate broker commended the work by the County and City officials toward finding a Senior Center location but asked the Board to proceed cautiously as considering a recreation center and pool noting the enormous expense and liability of such unless the Board expenses the operations costs to those using the facility.
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Ms. Marji Stehle of 159 Possum Trot Lane, Semora expressed support for the Board to approve the request for alcohol to be served on certain county property noting she agreed with Margaret McMann’s comments. In addition, Ms. Stehle advocated for a senior center combined with a recreational center noting the need of seniors to have access to water aerobics as well as an opportunity to increase tourism and revenue. Mr. Michael Slaughter of 435 Holly Springs Drive, Timberlake and a representative of the Person County Arts Council noted his support of the request to serve alcohol on the proposed county property facilities in a responsible manner. Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont gave the Board a handout illustrating a map she drew outlining the streams nearby the landfill noting deaths, diseases and elevated levels of toxics associated. Ms. Blossom Gardner of 1001 Gardner Road, Roxboro and Chair of the Person County Museum Board of Directors spoke in support of the request to serve alcohol on county owned property noting the Museum Board will work hard to regulate events in a responsible manner.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Kendrick and carried 4-0 to approve the Consent Agenda with the following items:
A. Approval of Minutes of January 20, 2015, B. Approval of Minutes of February 2, 2015, C. NC DOT Title VI Plan for Person Area Transportation System, D. Budget Amendment #12, and E. 3-Year Renewal of Audit Contract for Fiscal Years 2015-2017
Vice Chairman Newell arrived to the meeting and participated at this point in the
agenda.
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UNFINISHED BUSINESS:
SECOND READING OF THE REVISIONS TO THE ANIMAL SERVICES
ORDINANCE:
A motion was made by Commissioner Kendrick and carried 5-0 to revive consideration for the Second Reading of the Revisions to the Animal Services Ordinance.
County Attorney, Ron Aycock explained the procedure that an ordinance requires
unanimous adoption at the First Reading or by a simple majority at the Second Reading. Mr. Aycock noted that even as the Board did not take a vote at the First Reading, it is still valid and counted for the introduction of the topic. Mr. Aycock confirmed any such vote by the Board this date would prevail by majority vote.
County Manager, Heidi York stated the proposed revisions to the Animal Services
Ordinance were discussed at the Board’s February 2, 2015 meeting noting staff was requested to clarify the exemption for hunting dogs both during hunting season and during off seasons, as well as to determine whether the citations would be retained by the County or given to the schools. Ms. York told the group that both Sections 3 and 19 contained the proposed revisions. Mr. Aycock explained to the Board that Article IX section 7 of the NC constitution provides as follows: "The clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal laws of the State, shall belong to and remain in the several counties, and shall be faithfully appropriated and used exclusively for maintaining free public schools." Ms. York noted the revised effective date was changed from April 1, 2015 to May 1, 2015 to allow time to educate citizens of the ordinance’s changes, if adopted by the Board. Commissioner Jeffers noted he was not supportive of the revisions to the Animal Services Ordinance as he did not agree with the high fees nor the running at large rules especially as the county does not have a leash law. Commissioner Jeffers asked if the committee had looked at comparable fees from other counties. Animal Services Director, Ron Shaw stated the Animal Services Committee spent a lot of time discussing the fees and considered fees from other shelters. Commissioner Newell stated the county would not accomplish its goal with the ordinance if the fees were not severe. Chairman Puryear and Commissioner Kendrick stated agreement with Commissioner Jeffers issue with animal running at large without a county lease law.
A motion was made by Commissioner Jeffers and failed 2-3 to amend the Citation Violation Fees as follows:
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No current or displayed Rabies Tag From $50 to $25
Permitting a dog to run at large From $50 to $25
Allowing a female “in heat” to run at large From $100 to $25
Cruelty to animals Keep at $100
Interfering with an Animal Services Officer Keep at $100
Not surrendering animal for quarantine no fee (strike from fees due to the law gives Officers the ability to take animal)
Nuisance From $100 to $25
Leaving a dangerous dog unattended unless Confined indoors or in secrely enclosed and locket pen Keep at $100
Commissioner Jeffers and Chairman Puryear voted in favor of the motion. Vice
Chairman Newell and Commissioners Kendrick and Clayton voted in opposition to the motion.
Chairman Puryear suggested the Board add this item to the work session topics to
discuss following the meeting.
A motion was made by Chairman Puryear and carried 3-2 to add this item to the work session following the regular meeting. Chairman Puryear, Vice Chairman Newell and Commissioner Kendrick voted in support of the motion and Commissioners Clayton and Jeffers cast the dissenting votes. NEW BUSINESS:
VOLUNTEER FIRE AND RESCUE CAPITAL FUNDING OPTIONS:
Finance Director, Amy Wehrenberg presented to the Board two possible capital funding options for the Volunteer Fire and Rescue Agencies 1) Revolving Loan Program, and 2) Capital Reserve Program. Ms. Wehrenberg included a summary of the structure, funding elements, benefits, concerns, and on what basis the funds would be distributed noting if either program should be chosen, staff would bring back a formal Policy and Resolution for the next meeting that will include the authority necessary to transfer remaining funds from the existing Revolving Loan Program for Small Business Development ($181,246) to the new approved fire and rescue capital program. Ms. Wehrenberg recommended should the Board approve one of the capital programs that the program begins at the start of the next fiscal year 2015-16. The two capital funding options are as follows:
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Ms. Wehrenberg estimated whichever program the Board decided upon would need funding for at least five years.
Commissioner Clayton stated the rotation program used years ago worked well for
the volunteer fire departments to plan for capital purchases. Commissioner Jeffers asked staff about purchasing supplies in bulk. Ms.
Wehrenberg stated the volunteer fire departments have the ability to pool purchases noting the county would not have any more buying power. Ms. Wehrenberg stated the initial requests she had reviewed included equipment that was due to be upgraded. Commissioner Jeffers noted the desire of the Fire Chiefs was to have the same equipment compatible across all volunteer fire stations.
Commissioner Kendrick asked if the Capital Reserve Program could be available
to county departments. Ms. Wehrenberg stated affirmatively noting it was a decision for the Board.
Vice Chairman Newell asked about and advocated for the state grants available to
the volunteer fire departments and county departments. Ms. Wehrenberg encouraged fire and rescue departments to pursue such grants and to use the Capital Reserve Program to apply for the matching funds.
Commissioner Jeffers, the commissioner representative on the Fire Chief’s
Association, requested for the County Manager and staff to attend the next Chief’s meeting in March to present the capital options and to get feedback from them.
It was the consensus of the Board to direct staff to proceed with the Capital Reserve
Program for 2015-2016 and present such to the Fire Chiefs in March.
REQUEST FOR SPECIAL USE PERMITTING POLICY AT SPECIFIC
RECREATION, ARTS AND PARKS FACILITIES AND PERSON COUNTY
MUSEUM AND THE FIRST READING OF A REVISED PERSON COUNTY
ORDINANCE REGULATING POSSESSION OR CONSUMPTION OF MALT
BEVERAGES OR FORTIFIED WINE ON COUNTY PROPERTY:
Mr. Donald Long, Chairman of the Recreation Advisory Board requested on the behalf of the Person County Recreation Advisory Board (RAB) consideration for Special Use Permitting of Alcohol Beverages for specific rental facilities and performance venues. At the February 4, 2015 meeting the RAB voted unanimously to bring the request back to the Person County Board of Commissioners to reconsider the proposed Special Use Permit/Policy and Revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property. The Recreation Advisory Board is requesting consideration from the Board of Commissioners to adopt the Special Use Alcohol Permit/Policy and the revised Person County Ordinance Regulating
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Possession or Consumption of Malt Beverages or Fortified Wine on County Property for specific facilities including: DESIGNATED BOUNDARIES.
1. Mayo Park Amphitheater in the concrete seating areas directly in front of the stage, the grass seating area directly in front of the stage in an area 200 feet long by 130 feet wide and in the stage area within 50 feet from the left, right and back of the stage.
2. Mayo Park Environmental Community Center within the center and within 50 feet from all sides of the building.
3. Kirby Cultural Arts Complex within Gallery front room (main gallery), Community Gallery (Hallway) and main theatre seating area (both upstairs and downstairs).
4. Person County Museum Grounds within the museum and no further than 50 feet from the property line.
Mr. Long presented for Board approval for the following policies and ordinance:
1. Special Use Alcohol Permit and Policy for Specific County Recreation
Facilities, and 2. Revised Person County Ordinance Regulating Possession or Consumption
of Malt Beverages or Fortified Wine on County Property.
The revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property as presented would need to be adopted at the first reading by unanimous vote. If not unanimous, a second reading will take place at the Board’s next regular scheduled meeting to which a majority vote will rule.
A motion was made by Commissioner Jeffers and carried by majority vote 3-2 to approve the Special Use Alcohol Permit and Policy for Specific County Recreation Facilities, and Revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property as presented. Chairman Puryear and Commissioners Jeffers and Kendrick voted in support of the motion. Vice Chairman Newell and Commissioner Clayton cast the dissenting votes noting philosophical and liability issues with serving alcohol at events where youth attend. As the vote at the First Reading was not unanimous the Second Reading for this item will be on the Board’s March 2, 2015 agenda.
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KIRBY SECOND FLOOR RENTAL RATES AND FEES:
Mr. John Hill, Director of the Person County Recreation, Arts, and Parks Department stated the Person County Recreation, Arts, and Parks Department along with its partners from Piedmont Community College (PCC) Cultural Arts Division have worked together to devise the fee structure for the newly renovated second floor of the Kirby Cultural Arts Complex. The fee structure was devised through research conducted by the Assistant Manager’s intern, Parks and Recreation Staff, and PCC Cultural Arts Staff. Research was conducted by viewing neighboring cities and counties that have like facilities with similar uses. The fee structure was devised in a manner that will generate revenue while preventing the facility from being price restrictive to all user groups. Mr. Hill noted the fee structure for the Kirby second floor was presented to the Recreation Advisory Board at their February 4, 2015 meeting for discussion and input. The Recreation Advisory Board unanimously agreed with the fees and recommended for approval by the Board of Commissioners. Mr. Hill explained the categories and fees for use of the space: Category I users from public supported schools and county government agencies will not have a charge unless the Kirby staff is utilized outside normal operational hours (8:00 am – 5:00 pm) and/or additional staff is needed. Category II users include private, non-profit organizations and agencies in Person County that have a tax exempt number or are supported by tax funds of the community will be charged a fee as recommend. Category III users include private, profit making organizations and agencies will be charged a fee as recommended. Mr. Hill advocated to have the Kirby second floor rental rates and fees to be in place for the second floor operation/business in March 2015. Mr. Hill and County Manager, Heidi York confirmed the fees will be reevaluated during the budget process.
A motion was made by Commissioner Kendrick and carried 5-0 to approve the Kirby Second Floor Rental Rates and Fees as presented.
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RENTAL, PERSONNEL, AND EQUIPMENT RATES FOR KIRBY CULTURAL ARTS COMPLEX Fees for holiday dates will be double the regular rental fees for the facility as well as equipment and
personnel, if available.
A. SECURITY DEPOSIT $200.00 - FOR AUDITORIUM AND WHOLE SECOND FLOOR RENTAL
B. EXPLANATION OF CATEGORIES AND FEES FOR BUILDING USE:
CATEGORY I Public supported schools of Person County and Person County governmental agencies
PERFORMANCES, REHEARSALS, SECOND FLOOR STUDIO RENTAL, SECOND FLOOR HALL
RENTAL & SECOND FLOOR WHOLE FLOOR RENTAL No Charge – Unless Kirby Staff is
utilized outside normal operational hours (8-5) and/or additional staff is needed.
CATEGORY II Private, non-profit organizations and agencies in Person County that have a tax-
exempt number or are supported by tax funds of the community. (Documentation of tax-
exempt status must be provided.)
AUDITORIUM PERFORMANCES $200.00 per
performance
AUDITIORIUM REHEARSALS $25.00 per hour
SECOND FLOOR STUDIO RENTAL $10/hour,
$40/day
SECOND FLOOR HALL RENTAL $20/hour,
$80/day
SECOND FLOOR - WHOLE FLOOR RENTAL $75/hour,
$300/day
CATEGORY III Private, profit making organizations and agencies
AUDITIORIUM PERFORMANCES $300.00 per
performance
AUDITIORIUM REHEARSALS $25.00 per hour
SECOND FLOOR STUDIO RENTAL $20/hour,
$80/day
SECOND FLOOR HALL RENTAL $30/hour,
$120/day
SECOND FLOOR - WHOLE FLOOR RENTAL $100/hour,
$400/day
ALL CATEGORIES CONCESSION FEE: $25 per day
C. EVENT PERSONNEL AND EQUIPMENT RATES
1. LIGHTING:
SPOTLIGHT TECHNICIAN $12.00 per hour (minimum 2 hour rental)
SPOTLIGHT EQUIPMENT
Category I No Charge
Category II & III $10.00 per hour (minimum 2 hour rental)
LIGHTING TECHNICIAN $17.00 per hour (minimum 2 hour rental)
2. SOUND:
SOUND TECHNICIAN $17.00 per hour (minimum 2 hour rental)
SOUND EQUIPMENT
Category I No Charge
Category II $10.00 per hour for rehearsals and performances
Category III $50.00 per performance
$10.00 per hour for rehearsals
3. HOUSE MANAGERS/EVENT STAFF: $10.00 per hour
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4. PIANO TUNING ON DEMAND $150.00
5. PIANO RELOCATION TUNING – (Done upon return to auditorium floor level) – Lessee
uses own manpower under Kirby staff supervision and are responsible for any damage
when moving the piano from auditorium floor level to stage level and the return of the
piano to the floor level after performance. Tuning of piano is mandatory when returned
to floor. $150.00
6. TICKET SALES – Transactions for tickets will be For tickets $1-10 $0.50
processed by Person County and check will be For tickets $11-$15 $1.00
requested minus the ticket fees after last rental For tickets $16-$20 $1.50
date. Ticket Sales are subject to any additional For tickets $21-up $2.00
sales tax and processing fees.
Adopted – July 10, 2002 – Recreation Advisory Board, Effective – July 10, 2002; Revised – March
3, 2004 – Recreation Advisory Board, Effective – March 15, 2004; Revised – April 7, 2004; Revised –
January 19, 2011; Adopted – March 7, 2012 – Recreation Advisory Board; Revised – July 1, 2012; Revised
July 3, 2013 – Recreation Advisory Board; Adopted – January 8, 2014 – Recreation Advisory Board;
Adopted – February 4, 2015 – Recreation Advisory Board
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Chairman Puryear announced a brief recess at 10:45 am and the meeting reconvened at 10:54 am.
PUBLIC SAFETY COMMUNICATION TOWERS LEASE DOCUMENTS:
Assistant County Manager, Sybil Tate presented the final lease document for the Bethel Hill tower noting the terms of the lease were agreed upon at the Board’s February 3, 2015 meeting. Ms. Tate noted the Woodland tower site belongs to the county and is leased to the Board of Education. In order to lease the tower site to the State, the county must amend the lease with the Board of Education, releasing the area where the tower will be built. Ms. Tate presented a draft of the lease amendment to the Board noting once the amendment is approved, the State will lease the property from the county. Ms. Tate stated the State Highway Patrol will follow the same leasing procedure as was used to lease the Critcher-Wilkerson site from Person County. Ms. Tate requested Board approval of both the Bethel Hill tower lease and the lease amendment for the Woodland tower. Ms. Tate stated the leases would be ready for the Chairman to sign when the final surveys were completed.
A motion was made by Commissioner Kendrick and carried 5-0 to approve both the Bethel Hill tower lease and the lease amendment for the Woodland tower.
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EATON ADMINISTRATIVE CLARIFICATION OF EXISTING FINANCIAL
INCENTIVE AGREEMENT:
Economic Development Director, Stuart Gilbert presented to the Board a request to allow 41 ATS Corporation employees to be included in the baseline numbers of “employees” for the Eaton Corporation financial incentive agreement with Person County. ATS is a temporary agency managing these 41 employees through a contract with Eaton. The new corporation tax manager for Eaton Corporation requested this clarification so that both Eaton Corporation and the Person County Board of Commissioners were in support of this administrative clarification that was not thoroughly quantified in the existing economic development financial incentive agreement approved years ago.
Mr. Gilbert stated the Economic Development Commission (EDC) at its January meeting approved the administrative clarification for Eaton’s financial incentives agreements. Mr. Gilbert confirmed the EDC supported an administrative clarification to the existing Eaton Corporation Financial Incentive Agreement with Person County.
In addition, Mr. Gilbert requested Board approval to of the draft letter to Eaton Corporation as a follow up to Eaton’s request for clarification related to the financial incentive agreements with both the City of Roxboro and Person County noting the County’s Attorney, Ron Aycock has approved the legal ability of Person County to follow this course of action. Mr. Gilbert noted he appeared before City Council on February 10, 2015 at which time the same request for an administrative clarification was reviewed and approved.
A motion was made by Commissioner Clayton and carried 5-0 to allow 41 ATS
Corporation employees to be included in the baseline numbers of employees for the Eaton Corporation financial incentive agreement as well as approve sending a letter confirming such action. CHAIRMAN’S REPORT:
Chairman Puryear reported that the Economic Development Commission will be meeting on February 19, 2015 at 8:00 am as well as the Homebuilders Association will be meeting to discuss storm water issues on February 17, 2015. MANAGER’S REPORT:
County Manager, Heidi York reported the Airport Commission would be meeting on February 17, 2015 at 2:00 pm in the Board room.
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COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers asked the County Manager to report back to the Board related to volunteer fire department training opportunities offered by EMS as well as the number attending such training sessions.
Commissioner Jeffers reported a warming center would be offered February 18-20,
2015 from 5:00 pm – 10:00 pm at Warren’s Grove United Methodist Church.
Commissioner Kendrick requested a copy of the contract between Person County and the attorney representing the Granville County Storm water Utility. Commissioner Kendrick stated his request derived from a non-government agency requesting the attorney to discuss storm water issues to which a fee would be charged to the contract. Chairman Puryear added that a clarification for staff to review related to Board members being fined by the EPA for penalty for noncompliance. Commissioner Clayton requested the Planning Director, Mike Ciriello to review the Storm water Ordinance. Vice Chairman Newell had no comments. CLOSED SESSION #1:
A motion was made by Commissioner Kendrick and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate, General Services Director, Ray Foushee and Finance Director, Amy Wehrenberg at 11:06 am.
A motion was made by Vice Chairman Newell and carried 5-0 to return to open session at 11:33 am. RECESS THE MEETING TO TIME OF WORK SESSION
A motion was made by Vice Chairman Newell and carried 5-0 to recess the meeting briefly prior to reconvening the meeting for the Board to hold a work session to address the following topics:
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FUTURE WASTE MANAGEMENT OPTIONS:
County Manager, Heidi York introduced Mr. Chris Gustin who has been hired by Republic for the position formerly held by Greg Duhon.
Ms. York stated at the Board’s January 5th meeting, Commissioner Kendrick requested that the Board of Commissioners begin discussing the existing landfill contract with Republic Services. The contract is set to expire on August 7, 2017. Specifically, he directed the Manager and Attorney to begin negotiations with Republic Services for a contract renewal, while at the same time, he wanted the Manager to research other options for solid waste disposal for Person County. These options included operating a county-owned landfill, setting up transfer stations, and/or taking our trash to another regional landfill outside of Person County. Ms. York presented to the Board the following memo in response to Commissioner Kendrick’s requests. Also included in the research are additional definitions requested by Commissioner Newell; a map of nearby landfill and transfer stations; a comparison of tipping fees across the State; and a summary of the highlights of landfill franchise contracts with Republic Services for the City of Concord and Caldwell County as comparisons. Ms. York noted that a folder titled Landfill Documents has been added to the Board’s Drop Box that contains the memo, the comparable landfill contracts. The Board requested another contract to add for informational use is the contract for Brunswick in Lawrenceville VA.
Future Waste Management Options for Person County
Background
The contract and franchise agreement between Republic and the County for the operation of Upper Piedmont Landfill expires on August 7, 2017. Currently, the County receives an estimated $530,000/year in host fee revenues, an additional $25,000/year in funding for promoting recycling and $30,214/year in tax revenues. The County does not have any direct costs associated with solid waste because it does not provide waste collection services to citizens, but the City of Roxboro provides collection service to all of its residents. City residents do not pay a solid waste collection fee, the cost of collection is paid for from their General Fund. Private collection companies may collect from residents in the unincorporated portions of the County. Both the City and private haulers currently pay tipping fees to Republic. The current tipping fee plus tax is $40.22 per ton. Impact of PCPride Lawsuit
In 2008, Republic sought authority to extend the “footprint” of its landfill. In order to do so, Republic needed the Board of County Commissioners to approve a special use permit. PCPride filed a lawsuit to effectively enjoin the County from issuing the special use permit. The final disposition of the lawsuit was the entry of a voluntary dismissal of its lawsuit by PCPride with the right to file it again in the future and an agreement between the County
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and PCPride that no further action on the special use permit would be taken by the County until certain further analysis was undertaken by the County and that PCPride would be informed of that analysis. The County was required to inform PCPride of its intention to move forward on the special use application prior to taking any further action. Subsequent to this settlement agreement, Republic determined that it no longer needed the extension of the footprint of its landfill site and abandoned the special use permit. This lawsuit affected only the proposed additional land and had no effect on the existing land fill site. The lawsuit will have no effect on a new contract regarding the existing site or a new franchise, which would have to be granted. Options for Future Waste Management
1. Negotiate up to a 30 year contract and adopt a franchise agreement for up to 30 years.
a. Budgetary Impact: potential to increase revenues b. Process:
i. Authorize negotiating team to begin discussions ii. Send a letter of intent to negotiate in good faith to Republic iii. Provide negotiating team with parameters for negotiating iv. Conclude negotiations and agree to a contract v. 30 day public notice before a required public hearing on the franchise
ordinance vi. Franchise ordinance must be adopted at two regular meetings vii. Republic begins new permit process, includes public hearings and
various studies c. Timeframe: 1.5 – 2 years
Ms. York stated when she and Mr. Duhon met, he shared interest in renegotiating
in good faith upon a letter of intent from the county noting Republic requested ability to extend the area(s) from which waste can be accepted as well as to increase the cap of receivables.
2. Extend the franchise agreement up to 10 years. Even though the contract allows the
County to extend the contract for 10, 1 year agreements, it would be impractical to renew the franchise agreement and contract each year.
a. Budgetary Impact: May be able to negotiate some additional funding b. Process:
i. 30 day public notice before the public hearing ii. Franchise agreement must be adopted at two regular meetings A contract would follow the adoption of the franchise agreement.
c. Timeframe: Minimum of 3 months
This option to extend the franchise agreement would provide the quickest solution past the 2017 contract expiration as well as for the County to exercise its right for the same terms as in the existing contract.
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3. Let the contract expire. The landfill will close. Republic will pay the closure and maintenance costs for at least 30 years. The county would lose $585K in annual revenues. If the contract expires, then the county would have the following options for solid waste management:
a. Build a county-owned and operated landfill i. Budgetary Impact: $3.8M capital, $1.1M annual operating (estimate based on Granville County’s new landfill)
ii. Process: Hire a consultant to determine the costs, location, tipping fee, etc. Cost: $50,000. The Board was interested in knowing what exactly the consultant would do for $50,000.
iii. Timeline:2-3 years b. Build a transfer station/upgrade the existing transfer station and haul waste
to Granville County’s landfill or other nearby landfill. The existing transfer station may be able to be up-fitted. The County would need to obtain a new permit, hire staff and charge a tipping fee. Board members felt more transfer stations would need to be added throughout the county. i. Budgetary impact: $1M capital cost, $2.7M annual operating (estimate based on Vance and Franklin County’s transfer stations; Vance County charges $65/ton at their transfer station)
ii. Process: Hire a consultant to determine the costs, location, tipping fee, etc. Cost: $30,000
iii. Timeline: 2 years c. Individuals/Businesses can direct haul waste to Granville County’s landfill
or other nearby landfill. Commissioner Kendrick stated item c as not a viable option due to air pollution with a result of more individual barrel burning. i. Budgetary Impact: No budgetary impact on County government but county residents would have to travel further and pay a higher tipping fee (Republic charges $40.22 compared to Granville charges $42 per ton) Granville’s tipping fee covers the costs of operating.
ii. Process: No action required. d. Find another private waste company to own and operate a landfill
i. Budgetary Impact: potential to increase revenues ii. Process:
1. Release an RFP for landfill services 2. Negotiate a contract 3. Adopt a franchise ordinance
iii. Timeline: 3-4 years
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Appendix A: Definitions
Hazardous Waste (as defined by the EPA) • Listed Wastes: Wastes that EPA has determined are hazardous. The lists include
the F-list (wastes from common manufacturing and industrial processes), K-list (wastes from specific industries), and P- and U-lists (wastes from commercial chemical products).
• Characteristic Wastes: Wastes that do not meet any of the listings above but that exhibit ignitability, corrosivity, reactivity, or toxicity.
• Universal Wastes: Batteries, pesticides, mercury-containing equipment (e.g., thermostats) and lamps (e.g., fluorescent bulbs).
• Mixed Wastes: Waste that contains both radioactive and hazardous waste components.
Daily Cover/Alternative Daily Cover (as defined by NCDENR) - Part .1626(2)(a) states: Except as provided in Sub-Item (b) of this Item, the owners or operators of all MSWLF
units must cover disposed solid waste with six inches of earthen material at the end of each
operating day, or at more frequent intervals if necessary, to control disease vectors, fires,
odors, blowing litter, and scavenging.
Part .1626(2)(b) states: Alternative materials of an alternative thickness (other than at least
six inches of earthen material) may be approved by the Division if the owner or operator
demonstrates that the alternative material and thickness control disease vectors , fires ,
odors , blowing litter, and scavenging without presenting a threat to human health and the
environment, in accordance with 40 CFR Part 258.21. A MSWLF owner or operator may
apply for a generic approval of an alternative cover material, which would extend to all
MSWLF units.
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Appendix B: Nearby Landfill/Transfer Station map (NC and VA)
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Appendix C: Comparison of tipping fees, FY13-14
Permit_Name PrimaryWaste_Type County Tip Fee Include Tax?
Austin Quarter C&D Unit CD Alamance $ 32.00 Yes
Cobles C&D Landfill CD Alamance $ 30.00 Yes
Alexander County CDLF CD Alexander $ 50.00 Yes
Avery County C&D Landfill CD Avery $ 45.00 Yes
Buncombe County C&D Unit CD Buncombe $ 43.00 Yes
Cabarrus County CDLF CD Cabarrus $ 37.00 Yes
Highway 49 C&D Landfill And
RecyclingGreenway Waste CD Cabarrus $ 37.00 Yes
Blackburn Resource Recovery
Facility CD Catawba $ 23.00 Yes
Fort Bragg C&D Landfill CD Cumberland $ - No
Dare County C&D Landfill CD Dare $ 65.00 Yes
Davidson County CDLF CD Davidson $ 31.00 Yes
Old Salisbury Road CDLF CD Forsyth $ 28.00 No
High Point C&D Debris Landfill CD Guilford $ 36.00 Yes
A-1 Sandrock C&D Landfill CD Guilford $ 36.00 Yes
Harnett Co Anderson Crk C&D
Landfill CD Harnett $ 40.00 Yes
Johnston County C&D Landfill CD Johnston $ 27.00 Yes
Lincoln County C&D Unit CD Lincoln $ 20.00 No
BFI-Lake Norman Landfill CD Lincoln $ 38.75 Yes
Madison County C&D Unit CD Madison $ 34.00 Yes
Martin County C&D Landfill CD Martin $ 40.00 Yes
Greenway Waste Solutions at
North Meck CD Mecklenburg $ 40.00 Yes
Moore County C&D Landfill CD Moore $ 44.80 Yes
Nash County C&D Landfill CD Nash $ 48.00 Yes
Orange County C&D Landfill CD Orange $ 40.00 Yes
Pasquotank County C&D Landfill CD Pasquotank $ 50.00 Yes
C & D Landfill Inc CD Pitt $ 41.00 Yes
Gold Hill Road C&D Debris
Landfill CD Randolph $ 36.00 Yes
Rutherford County C&D CD Rutherford $ 37.00 Yes
WI-Sampson County C&D Unit CD Sampson $ 43.19 Yes
Shotwell Landfill Inc. CD Wake $ 35.00 Yes
Red Rock Disposal, LLC CD Wake $ 26.93 Yes
Greenway Waste Solutions of
Apex, LLC CD Wake $ 34.00 Yes
Material Recovery C&D Landfill CD Wake $ 38.60 No
Washington County C&D Landfill CD Washington $ 52.00 Yes
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Wilson County Westside C&D
Landfill CD Wilson $ 40.00 Yes
Brunswick County CDLF CD Brunswick $ 56.00 Yes
Burke County CDLF CD Burke $ 32.55 Yes
Cleveland County CDLF CD Cleveland $ 21.55 Yes
Cumberland County C&D Unit CD Cumberland $ 37.00 No
Edgecombe County CDLF CD Edgecombe $ 41.00 Yes
Gaston County C&D Landfill CD Gaston $ 24.00 Yes
Granville County CDLF CD Granville $ 38.00 Yes
Greene County CDLF CD Greene $ 46.00 Yes
Greensboro, City Of CD Guilford $ 31.00 Yes
Halifax County Landfill CD Halifax $ 47.00 Yes
Harnett County CDLF CD Harnett $ 40.00 Yes
Lenoir County CDLF CD Lenoir $ 39.00 Yes
Robeson County CDLF CD Robeson $ 26.50 No
Scotland County CDLF CD Scotland $ 45.25 Yes
Albemarle, City Of, CDLF CD Stanly $ 33.00 No
Union County C&D CD Union $ 36.00 Yes
Wayne County CDLF CD Wayne $ 31.50 No
Permit_Name PrimaryWaste_Type County Tip Fee Include Tax?
Austin Quarter SWM Facility MSW Alamance $ 38.00 Yes
Chambers Development MSWLF MSW Anson $ 41.00 Yes
Ashe County Landfill MSW Ashe $ 62.00 Yes
East Carolina Reg Landfill MSW Bertie $ 69.03 Yes
Buncombe County MSW Landfill MSW Buncombe $ 43.00 Yes
BFI-Charlotte Mtr Speedway Landfill V MSW Cabarrus $ 52.40 Yes
Foothills Environmental Landfill MSW Caldwell $ 51.06 No Blackburn Resource Recovery
Facility MSW Catawba $ 33.00 Yes
Cherokee County MSW Facility MSW Cherokee $ 57.00 Yes
Cleveland County Landfill Self-
McNeilly MSW Cleveland $ 37.65 Yes
CRSWMA - Long Term Regional
Landfill MSW Craven $ 40.00 Yes
Cumberland County Landfill MSW Cumberland $ 30.00 No
Davidson County MSW Lined
Landfill MSW Davidson $ 36.00 Yes
Hanes Mill Road Landfill MSW Forsyth $ 34.00 No
Gaston County Landfill MSW Gaston $ 26.00 Yes
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Oxford Subtitle D MSWLF MSW Granville $ 38.00 Yes
High Point City Of - Landfill MSW Guilford $ 38.00 Yes
Greensboro, City Of MSW Guilford $ 41.00 Yes
Haywood Co White Oak Landfill MSW Haywood $ 22.25 Yes
Iredell County Sanitary LF MSW Iredell $ 35.00 No
Johnston County Landfill MSW Johnston $ 35.00 Yes
Lenoir County MSW Landfill MSW Lenoir $ 44.00 Yes
Lincoln County Landfill MSW Lincoln $ 32.00 No
Macon County Landfill Open MSW Macon $ 66.00 Yes
Mecklenburg County Landfill MSW Mecklenburg $ 39.00 Yes
Uwharrie Env. Reg. Landfill MSW Montgomery $ 37.00 Yes
New Hanover County Landfill MSW
New
Hanover $ 59.00 Yes
Camp Lejeune MSW Landfill MSW Onslow $ 26.33 No
Onslow County Subtitle D
Landfill MSW Onslow $ 49.00 Yes
Upper Piedmont Reg Landfill MSW Person $ 38.22 No
Robeson County Landfill MSW Robeson $ 36.50
Rockingham County Landfill MSW Rockingham $ 36.00 No
Rowan County Landfill MSW Rowan $ 34.00 Yes
WI-Sampson County Disposal Inc MSW Sampson $ 43.19 Yes
Albemarle, City Of-Landfill MSW Stanly $ 39.00 No
Surry County MSWLF MSW Surry $ 38.00 Yes
Transylvania County Landfill MSW Transylvania $ 50.00 Yes
Wake County South Wake
MSWLF MSW Wake $ 32.00 Yes
Wayne County Landfill MSW Wayne $ 31.50 No
Wilkes County MSWLF MSW Wilkes $ 41.00 Yes
Permit_Name PrimaryOperation County Tip Fee Include Tax?
River City Transfer Station Trans Cumberland $ 40.00 No
AAA Hauling Of NC Inc Trans Cumberland $ 37.00 No
Soundside Recycling &
Materials, Inc Trans Currituck $ 70.00 No
Todco, Inc. - C&D Transfer Trans Davidson $ 31.00 No
Abbey Green Inc Trans Forsyth $ 32.00 No
WI Burnt Poplar Transfer LLC Trans Guilford $ 39.50 Yes
Russo Dumpster Service Trans Mecklenburg $ - No
The Linda Consruction Co., Inc. Trans Mecklenburg $ - No
Raleigh Transfer Station Trans Wake $ 42.50 Yes
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Apex C&D Waste Transfer
Facility Trans Wake $ 39.00 Yes
Wake Transfer Station Trans Wake $ 46.90 Yes
Capitol Waste C&D Transfer
Station Trans Wake $ 45.00 Yes
Alexander Co. Transfer Station Trans Alexander $ 60.00 Yes
Alleghany County Transfer
Facility Trans Alleghany $ 60.00 Yes
Avery County Transfer Station Trans Avery $ 45.00 Yes
Beaufort Transfer Station Trans Beaufort $ 57.96 No
Bladen County Transfer Station Trans Bladen $ 45.00 Yes
Yancey-Mitchell Transfer Station Trans Yancey $ 55.45 No
Brunswick County Transfer
Station Trans Brunswick $ 56.00 Yes
Waste Management Of Asheville Trans Buncombe $ 57.56 Yes
Buncombe County Transfer
Station Trans Buncombe $ 47.00 Yes
Burke County Transfer Facility Trans Burke $ 60.00 Yes
Carteret County Transfer Station Trans Carteret $ 52.50 Yes
City Of Hickory Transfer Station Trans Catawba $ - No
Waste Man. - Chatham Co
Transfer Station Trans Chatham $ 53.50 Yes
Town Of Edenton Transfer
Station Trans Chowan $ 43.97 Yes
Clay County Transfer Station Trans Clay $ 80.00 Yes
Columbus County Transfer
Station Trans Columbus $ 58.93 Yes
Cherry Point Transfer Station Trans Craven $ 40.00 Yes
Fort Bragg Transfer Station Trans Cumberland $ - No
City Of Fayetteville/ Waste
Industries Transfer Station Trans Cumberland $ 43.85 Yes
Currituck Transfer Station Trans Currituck $ 71.00 Yes
Bay Disposal Inc. Currituck
Transfer & Recovery Facility Trans Currituck $ 65.00 No
Dare County Transfer Station Trans Dare $ 73.15 Yes
Duplin County Transfer Station Trans Duplin $ 42.00 Yes
City Of Durham Transfer Station Trans Durham $ 42.50 Yes
Stone Park Court Transfer
Station Trans Durham $ 42.50 Yes
Edgecombe County Transfer
Station Trans Edgecombe $ 48.50 Yes
Overdale Road Transfer Station Trans Forsyth $ 43.00 Yes
Franklin County Transfer Station Trans Franklin $ 60.00 No
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Waste Management Of
Carolinas Trans Gaston $ 49.00 Yes
Graham County Transfer Station Trans Graham $ 60.00 Yes
Bishop Road Transfer Station Trans Guilford $ 43.00 Yes
Greensboro Transfer Station Trans Guilford $ 44.00 Yes
Halifax County Landfill Trans Halifax $ 44.58 Yes
Town of Weldon Transfer
Facility Trans Halifax $ 54.00 Yes
Harnett Cnty-Dunn/Erwin
Transfer Station Trans Harnett $ 40.00 Yes
Anderson Creek Landfill Transfer
Station Trans Harnett $ 40.00 Yes
Henderson County Transfer
Facility Trans Henderson $ 57.00 Yes
Hertford County Transfer Station Trans Hertford $ 66.00 No
Hoke County Transfer Station Trans Hoke $ 50.75 Yes
Iredell County Transfer Station Trans Iredell $ 45.00 No
Jackson County Scott Creek
Transfer Station Trans Jackson $ 64.00 Yes
Waste Man. - Lee Co. Transfer
Station Trans Lee $ 48.50 Yes
Sanford Transfer Station Trans Lee $ 59.00 Yes
Lenoir County Transfer Facility Trans Lenoir $ 44.00 Yes
Deep Run Transfer Station Trans Lenoir $ 50.50 Yes
McDowell Co Transfer Facility Trans McDowell $ 44.00 Yes
Highlands Transfer Station Trans Macon $ 66.00 Yes
Madison County Transfer Trans Madison $ 44.00 Yes
Queen City Transfer Station Trans Mecklenburg $ 57.50 Yes
O'Leary Resource Recovery
Center Trans Mecklenburg $ - No
Uwharrie Env Inc/Moore Cty
Transfer Station Trans Moore $ 44.80 Yes
Rocky Mount Transfer Station Trans Nash $ 54.50 No
City Of Rocky Mount Transfer
Station #2 Trans Nash $ 54.50 No
Waste Management Of
Wilmington Transfer Trans New Hanover $ - No
Pamlico County Transfer Station Trans Pamlico $ 52.50 Yes
Pasquotank County Transfer
Station Trans Pasquotank $ 69.00 Yes
Pender Co Transfer Station Trans Pender $ 74.00 Yes
Perquimans-Chowan-Gates
Transfer Trans Perquimans $ 67.00 Yes
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EJE Recycling Transfer Station Trans Pitt $ 46.25 Yes
Polk County Transfer Station Trans Polk $ 45.00 Yes
Randolph County Transfer
Facility Trans Randolph $ 50.00 Yes
City Of Asheboro Recycling/Solid
Waste Transfer Station Trans Randolph $ 48.00 Yes
Richmond County Transfer
Station Trans Richmond $ 57.00 Yes
Reidsville, City Of Transfer
Facility Trans Rockingham $ 36.00 No
City of Eden Transfer Trans Rockingham $ - No
Rutherford County Transfer
Facility Trans Rutherford $ 47.00 Yes
Scotland County T.S. Trans Scotland $ 55.75 Yes
Swain County Transfer Facility Trans Swain $ 42.00 Yes
Union County Transfer Station Trans Union $ 42.00 Yes
Waste Industries-Vance County Trans Vance $ 65.00 Yes
Cary Town Of - Transfer Station Trans Wake $ - No
Waste Management Of Ral-Dur Trans Wake $ 58.77 No
Waste Industries Garner
Transfer Station Trans Wake $ 38.00 Yes
East Wake Transfer Station Trans Wake $ 38.00 Yes
Warren County Transfer Station Trans Warren $ 67.00 Yes
Watauga Co Transfer Facility Trans Watauga $ 49.00 Yes
Goldsboro Transfer Station Trans Wayne $ 31.50 Yes
Waste Industries Wilson
Transfer St. Trans Wilson $ - No
Waste Industries- Blk. Crk. Rd.
Transfer Trans Wilson $ 55.20 Yes
Yadkin County Transfer Facility Trans Yadkin $ 53.00 Yes
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Appendix D: Comparison of landfill franchise agreements
Person County
• 20 year agreement
• Limit of 600 tons of waste per day
• Limits service area to the county and the city; unless 600 ton limit cannot be met
• Limits waste disposal from Raleigh and Durham; unless 600 ton limit cannot be met
• Tipping fee set at $25.44; adjusted using CPI – FY13/14 tipping fee $40.22
• Host fees:
� 0-150 tons per day =$.75 per ton
� 151-300 tons per day = $1.25 per ton
� 300-600 tons per day = $1.75 per ton
� Over 600 tons per day = $2.00 per ton
• $25,000/year for recycling objectives
• Must provide a recycling center at the landfill; requires Republic to provide marketing
for recycling and technical assistance to the county
City of Concord
• 30 year agreement
• No limit on tons of waste per day; however, landfill must provide airspace or a transfer
station for MSW generated in the City for 30 years
• No limit to service area
• No tipping fee charged for the City of Concord’s Municipal Solid Waste (MSW) – FY13-14
tipping fee is $52.40
• Host fee of $.75 per ton; $.25 of the $.75 is put in an account and repaid to Republic at
the end of the contract; adjusted using CPI
• Sets minimum monthly amount generated by host fee at $38,200
• Pays for all of the costs of the curbside recycling program in the City
Caldwell County
• 30 year agreement; 10 year franchise review date (amended from 20 years to 30 years
in Amendment 1)
• Limit of 727.27 tons of waste per day from outside of Caldwell County
• Limits collection area to certain counties
• No tipping fee for Caldwell County’s MSW – FY14/15 tipping fee is $53.06
• Sets Commercial rate for Caldwell County businesses is $28.00/ton; adjusted using CPI
• Host fee of $2.00 (waste generated outside of Caldwell County); adjusted using CPI
• $25,000/year for recycling education
• Free collection at county convenience centers
• $500,000 for safety and transportation purposes
• $100,000 to establish a park near the landfill
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• Includes disposal of yard waste
• Amendment 1: increased service area; no dumpster rental fees charged to the county;
increase contact length from 20 to 30 years; 10 year review date to review the terms and
conditions; franchise renewal fee of $125,000
• Amendment 2: County is entitled to 50% of Landfill gas sales each month
• Amendment 3: Increased the service area
Vice Chairman Newell advocated for testing at the landfill. Ms. York stated the
State of NC performs air testing twice a year and quarterly ground water testing. Commissioner Kendrick noted without data prior to the existence of the landfill to use as a baseline, the testing will be irrelevant. County Attorney, Ron Aycock noted data may be available as the state standard to gain a permit for the landfill would require testing. Mr. Gustin told the group the ground water quarterly testing was measured against the background sample which is monitored by DENR and conducted by a third party, all of which are public records. It was the consensus of the Board to support staff proceeding to issue a RFP for a consultant for the following:
• to obtain a unbiased opinion,
• to have environmental testing without influence,
• to explore all options in detail with the associated costs,
• to find out the zoning requirements and the number of needed transfer stations,
and
• if recycling is included at the transfer stations.
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PUBLIC NUISANCE ORDINANCE:
Planning Director, Michael Ciriello stated at the Board’s January 5, 2015 meeting, staff was asked to propose language to combine with the Automotive Graveyards and Junkyard Ordinance to address abandoned properties and litter because of the threat to public health, safety and welfare. Mr. Ciriello presented the following Abandoned Structures and Litter key points as proposed additions to the ordinance as well as the language that would be combined with the Automotive Graveyards and Junkyard Ordinance to create a Public Nuisance Ordinance.
Abandoned Structures Key Points
• Covers manufactured mobile homes and abandoned residential and commercial structures,
• Ordinance shall not apply to structures further than 500’ from residential or public uses (schools, playgrounds) on adjacent properties; and, not visible from transportation right-of-way,
• Exceptions for farm structures and historic properties,
• Abandoned structure standards would be enforced by Building Inspections,
• Mobile home grant program (optional) would be administered by the Planning Department,
• County can pay for removal costs; however, removal costs cannot be collected via the property tax bill only through a lien on the property, and
• Appeals heard by Board of Commissioners.
Cost
• $15,000-$51,000
• FTE: .5 FTE, $31,000–The State has limited grant funds for county programs that remove abandoned mobile homes from property. Implementing the grant program will require .5 FTE
• Operating: $15,000 - $20,000 – Some operating funds would be needed to pay for clean-up of abandoned structures
Litter Key Points
• Does not apply to properties that are not visible from residential or public uses (schools, playgrounds) on adjacent properties or from transportation right-of-way,
• Exceptions for farms as defined by State statute and construction sites with currently active permits,
• Enforcement process managed by the Planning Department,
• Specific abatement process would apply to “chronic offenders”; costs would be applied to property tax bill, and
• Appeals heard by Board of Adjustment
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Costs
• $31,000- $62,000
• FTE: .5 - 1FTE ($26,000-$52,000)- the amount of staff time needed depends on whether the BOC wants this position to coordinate public clean-up events
• Operating cost: $5,000 - $10,000
Mr. Ciriello presented the following proposed language and asked the Board to provide feedback to staff about what language should be combined with the Automotive Graveyard and Junkyard Ordinance.
Abandoned Structures
Definitions
“Abandoned Structure” a residential or commercial building shall be considered an abandoned structure if it is unoccupied and damaged or in disrepair to the point of being condemnable as defined by NCGS §153A-366 and is found to be a nuisance because it creates or fosters one (1) or more of the following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests;
b. The collection of pools or ponds of water; c. Concentrated quantities of gasoline, oil, or other flammable or
explosive materials; d. A source of danger for children because of the possibility of
entrapment or injury from exposed sharp surfaces of metal, glass, or other rigid materials;
e. A source of danger from the building structure, or parts thereof, falling or turning over;
f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of any kind;
g. Accumulation of sewage or animal waste; h. Concentrated quantities of hazardous materials; i. The presence of dead animals; or, j. Any building structure specifically declared a public health and
safety hazard by the Board of Commissioners. “Abandoned Manufactured Home” shall be considered an abandoned structure if it is in a wrecked, scrapped, disassembled, unusable, cannibalized, burnt, inoperable or if available, is not connected to an approved sewer system and not occupied and is found to be a nuisance because it creates or fosters one (1) or more of the following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests;
b. The collection of pools or ponds of water; c. Concentrated quantities of gasoline, oil, or other flammable or
explosive materials;
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d. A source of danger for children because of the possibility of entrapment or injury from exposed sharp surfaces of metal, glass, or other rigid materials;
e. A source of danger from the home, or parts thereof, falling or turning over;
f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of any kind;
g. Accumulation of sewage or animal waste; h. Concentrated quantities of hazardous materials; i. The presence of dead animals; or, j. Any manufactured home specifically declared a public health and
safety hazard by the Board of Commissioners “Manufactured Home” is a structure, transportable in one or more sections, which in the traveling mode whose body is 8 feet or more in width or 40 feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Department of Housing and Urban Development (HUD) and complies with the standards established under that Federal agency. For purposes of this ordinance, “manufactured home” includes both factory-built single-family structures built to meet standards established under The National Manufactured Housing Construction and Safety Standards Act of 1974 and mobile homes built prior to the effective date of those standards (June 15, 1976). The Federal Standards became effective on June 15, 1976, and all homes with a date of manufacture on or after this date were required to have a HUD label indicating compliance with the standards. “Historic Structure” or, “Historic Property” is as defined by the State Historic Preservation Office and the National Register of Historic Places
“Agricultural purpose” and “bona fide farm” as defined by NC GS §153A-340: 1. A farm sales tax exemption certificate issued by the Department of Revenue. 2. A copy of the property tax listing showing that the property is eligible for
participation in the present use value program pursuant to G.S. 105-277.3. 3. A copy of the farm owner's or operator's Schedule F from the owner's or
operator’s most recent federal income tax return. 4. A forest management plan. 5. A Farm Identification Number issued by the United States Department of
Agriculture Farm Service Agency.
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Exceptions
• This ordinance shall not apply to any structure used or previously used for
agricultural purposes
• This ordinance shall not apply to historic properties or structures
• Ordinance shall not apply to structures further than 500’ from residential or public
uses (schools, playgrounds) on adjacent properties; and, not visible from
transportation right-of-way
Illustration to show distances from adjacent properties to burned-out house; distance
measured using Person County GIS mapping software
Process
1. Upon receipt of a complaint, the Building Inspections Department will conduct an
investigation to determine if the structure meets the definition of an “Abandoned
Structure” as defined by this ordinance. The Building Inspections Department will be
responsible for mailing notices, overseeing the removal of abandoned structures. The
Building Inspections Director shall keep an accurate record of all enforcement
proceedings begun pursuant to the provisions of this chapter.
2. In exercising these powers, each member of the inspection department has a right, upon
presentation of proper credentials, to enter on any premises within the territorial
jurisdiction of the department at any reasonable hour for the purposes of inspection or
other enforcement action. Nothing in this section shall be construed to prohibit periodic
inspections in accordance with State fire prevention code or as otherwise required by
State law.
3. Upon determining that a violation of this ordinance exists, written notice shall be issued
to:
a. The registered owner or person(s) entitled to possession of the abandoned or
neglected structure;
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b. The registered owner, lessee, or person(s) entitled to the land on which the abandoned or neglected structure is located;
c. Shall affix a notice of the dangerous character of the building to a conspicuous place on its exterior wall. (§ 153A-366) (If a person removes a notice that has
been affixed to a building by a local inspector and that states the dangerous
character of the building, he is guilty of a Class 1 misdemeanor). 4. The notice shall be provided by registered or certified mail. The notice shall:
a. Identify the property and describe the abandoned structure located thereon to be removed, abated, or remedied;
b. (1) Notify the owner that the building is in a condition that appears to constitute a fire or safety hazard or to be dangerous to life, health, or other property; (2) Notify the owner that a hearing will be held before the inspector at a designated place and time, not later than 10 days after the date of the notice, at which time the owner is entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and (3) Notify the owner the following the hearing, the inspector may issue any order to repair, close, vacate, or demolish the building that appears appropriate.
c. Inform an owner who has received an order under G.S. 153A-369 that they may appeal from the order to the board of commissioners by giving written notice of appeal to the inspector and to the clerk within 10 days following the day the order is issued. In the absence of an appeal, the order of the inspector is final. The board of commissioners shall hear any appeal within a reasonable time and may affirm, modify and affirm, or revoke the order;
d. State that the costs incurred by the county to remove, abate, or remedy the abandoned structure, if not paid by the violator(s), shall be a lien upon the property.
5. If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building in question at least 10 days before the day of the hearing and a notice of the hearing is published at least once not later than one week before the hearing.
Penalties
If the owner of a building fails to comply with an order issued pursuant to G.S. 153A-369 from which no appeal has been taken, or fails to comply with an order of the Board of Commissioners following an appeal, he is guilty of a Class 1 misdemeanor.
Appeal
An owner who has received an order under G.S. 153A-369 may appeal from the order to the Board of Commissioners by giving written notice of appeal to the inspector and to the clerk within 10 days following the day the order is issued. In the absence of an appeal, the order of the inspector is final. The Board of Commissioners shall hear any appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
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LITTER Definitions
“Litter” shall include junk materials; machinery and equipment; appliances or other household items; lumber and building materials; and dirt, sand, fill, rock, stone or other materials not forming part of a structure or landscaping. “Litter” shall encompass the definitions of “object”. “Chronic offender” shall mean a person who owns property whereupon, in the previous calendar year, the county gave notice of violation at least three times under any provision of the public nuisance ordinance. “Object” shall mean any item of personal property other than a vehicle, boat or trailer-type vehicle with a current and valid registration, which is not related to the use and purpose for which the real property is occupied or owned or permitted by the applicable zoning classification. “Objects” under this chapter shall also include junk materials; machinery and equipment; appliances or other household items; lumber and building materials; and dirt, sand, fill, rock, stone or other materials not forming part of a structure or landscaping. “To place” shall mean to establish the presence on property of an object which: a. Is capable of being moved or removed which is not affixed to the real property; and b. Is present for a period of ten (10) consecutive days whether or not the location of the item on the property is changed. “Person” shall mean any natural person, corporation, and partnership, authority created by statute, association or other entity or combination thereof. “Unsafe Equipment” included any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
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Exceptions
• The provisions of this section shall not apply to material which is being used in connection with a construction activity taking place on the premises provided the construction activity associated with an active permit, is being diligently pursued, and complies with applicable ordinances and codes
• This ordinance shall not apply to bona fide farm properties as defined by NCGS §153A-340
• Ordinance shall not apply to properties that are not visible from residential or public uses (schools, playgrounds) on adjacent properties or from transportation right-of-way
Enforcement
1. This Ordinance is effective to all residential zoned properties and in the zones that abut residential zones. Applies to litter as defined in this Ordinance that is visible from an adjacent property, and/or transportation public right of way;
2. It shall be unlawful for the occupant of premises or the owner of premises to have, to place, or to allow any of the following on the premises to the extent and in a manner that could threaten or endanger the public health, safety or welfare or could adversely affect and impair the economic value of adjacent property: a. Any accumulation of litter, objects or unsafe equipment as defined in this
section of the Ordinance on any front, side or rear yard visible from an adjacent property, and/or transportation public right of way
b. Any object or objects, on the side or rear yards that is visible from a street or lane unless covered or enclosed so as not to be visible from an adjacent property, and/or transportation public right of way
Process
1. Upon determining that a violation of this ordinance exists, the Planning Department shall issue written notice to the registered owner, lessee, or person(s) entitled to the land;
2. The notice shall be provided by registered or certified mail. The notice shall: a. Identify the property and describe the violation located thereon to be
removed, abated, or remedied; b. State that the costs incurred by the county for chronic offenders to remove,
abate, or remedy the violation, if not paid by the violator(s), shall be subject to NCGS §153A-140.2 for chronic offenses.
3. If the violation is not removed, abated or remedied within thirty (30) days of the initial notice, and an appeal has not been filed, a second notice shall be issued. The notice shall: a. Direct that the violation be removed, abated or remedied; b. Advise that the property must comply by a specific date, such date not to be
less than ten (10) days nor more than one hundred thirty (30) days from date of the second notice;
c. Advise that civil penalties, are being accessed daily as of the date of the second notice; and,
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d. Advise that in addition to any and remedies above, the Person County Board of Commissioners may request criminal penalties in accordance with this Ordinance.
Penalties
Penalties would be consistent with our existing standards except for chronic offenders. 1. Any person, firm or corporation who violates any provision of this ordinance shall
be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500). Each day a violation exists shall be a separate violation hereunder.
2. This Ordinance may be enforced by an appropriate equitable remedy, including temporary restraining order, preliminary injunction and permanent injunction was issued by a court of competent jurisdiction.
3. Pursuant to NCGS §153A-140.2, the County Planning Director may issue annual notice to chronic violators. The County may notify a chronic violator of the County's public nuisance ordinance that, if the violator's property is found to be in violation of the ordinance, the county shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes.
Appeals
Unless the owner is a chronic violator, an owner who has received a violation notice under this section may appeal from the order to the Board of Adjustment by giving written notice of appeal to the Planning Department and to the clerk within 10 days following the day the order is issued. In the absence of an appeal, the order of the Planning Director is final. Without exception, the County may notify a chronic violator of the county's public nuisance ordinance that, if the violator's property is found to be in violation of the ordinance, the county shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by certified mail. Mr. Ciriello stated the next step would be to bring back to the Board a draft ordinance for consideration noting the junk yard ordinance does not address residential property. Vice Chairman Newell asked if clarifying definitions and language can be added to the County’s current junk yard ordinance. Mr. Ciriello stated he would provide text amendments which could be done with no cost for the Litter and the minimum amount of $15,000 for the Abandon Structures. Chairman Puryear asked Mr. Ciriello the status of the Yarborough case. Mr. Ciriello stated the case had been resolved noting the Judge’s Order demanded the trailer to be removed however the remnants along with other junk remains on the property.
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When asked how many legitimate junk yards are in Person County, Mr. Ciriello replied that there were two. UNIFIED DEVELOPMENT ORDINANCE:
Planning Director, Michael Ciriello stated at the Board’s January 5, 2015 meeting staff was asked to compile additional information about creating a Unified Development Ordinance (UDO) which is a single document that contains all development guidance in one place. In addition, the benefit of going through the UDO process is that it results in the following:
• Improves formatting for ease of use,
• Creates consistency in permitting, approvals, enforcement and administration,
• Ensures changes are consistent with state current statutes, and
• Modernizes language to reflect contemporary circumstances Below are two examples of how the UDO process could impact our ordinances:
1. Update to the Table of Permitted Uses. The current table does not include new terms such as “solar farms”, making it difficult and confusing to find what uses are permitted where.
2. Currently, each separate ordinance has similar information pertaining to administration, enforcement and permitting. Each of these separate sections could be condensed into one section that can be used for all ordinances. This reduces redundancy and ensures that, whenever possible, we are using the same rules for administration, enforcement and permitting.
Cost:
Year 1 Year 2 Total
$30,000 $30,000 $60,000
2-year Process:
• Hire consultant,
• Conduct public engagement,
• Present frequent updates to Board of County Commissioners and Planning Board for feedback, and
• Present final draft for approval.
Mr. Ciriello asked the Board for direction on how to proceed. Vice Chairman Newell asked Mr. Ciriello if he could prepare the UDO. Mr. Ciriello noted he could not without increasing his personnel to which would be more effective to hire a consultant.
There was no direction given by the Board of Commissioners.
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Vice Chairman Newell requested the Board to excuse him from the remainder of the work session noting he had called to appear for jury duty.
A motion was made by Commissioner Jeffers and carried 5-0 to excuse Vice Chairman Newell from the remainder of the meeting at 12:44 pm. SECOND READING OF THE REVISIONS TO THE ANIMAL SERVICES
ORDINANCE:
Chairman Puryear reminded the Board of the efforts by the Animal Services Advisory Committee and staff to bring the revisions to the Animals Services Ordinance including the fee structure. Chairman Puryear asked for Board consideration to implement the revised Animal Services Ordinance noting the Citation Violation Fees could be reviewed and adjusted should data warrant to do so.
A motion was made by Commissioner Jeffers and carried 3-1 to adopt the Animal Services Ordinance with the amended Citation Violation Fees as follows:
No current or displayed Rabies Tag $25
Permitting a dog to run at large $25
Allowing a female “in heat” to run at large $25
Cruelty to animals $100
Interfering with an Animal Services Officer $100
Not surrendering animal for quarantine no fee (strike from fees due to the law gives Officers the ability to take animal)
Nuisance $25
Leaving a dangerous dog unattended unless Confined indoors or in securely enclosed and locked pen $100
Chairman Puryear and Commissioners Jeffers and Kendrick voted in favor of the
motion. Commissioner Clayton cast the lone dissenting vote.
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ADJOURNMENT:
A motion was made by Commissioner Kendrick and carried 4-0 to adjourn the meeting at 12:51 pm.
_____________________________ ______________________________ Brenda B. Reaves Kyle W. Puryear Clerk to the Board Chairman (Draft Board minutes are subject to Board approval).
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PERSON COUNTY BOARD OF COMMISSIONERS MARCH 2, 2015 MEMBERS PRESENT OTHERS PRESENT
Kyle W. Puryear Heidi York, County Manager David Newell, Sr. C. Ronald Aycock, County Attorney B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Jimmy B. Clayton Tracey L. Kendrick
The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, March 2, 2015 at 7:00 pm in the Commissioners’ meeting room in the Person County Office Building. Chairman Puryear called the meeting to order. Commissioner Kendrick led invocation and Vice Chairman Newell led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Puryear requested a Closed Session to consider the acquisition of property be added to the agenda. A motion was made by Commissioner Kendrick and carried 5-0 to add a Closed Session to the agenda and to approve the agenda as adjusted.
INFORMAL COMMENTS:
Chairman Puryear announced each individual signed up to address the Board will have two minutes each. The following individuals appeared before the Board to make informal comments: Mr. Michael Slaughter of 435 Holly Springs Drive, Timberlake and a representative of the Person County Arts Council asked to Board to consider adoption of the ordinance to allow wine and/or alcohol to be served at the Kirby, Mayo Center, and the Museum. Ms. Margaret McMann of 303 Windsor Drive, Roxboro advocated for the Board to approve the Special Use Permit request for alcohol to be permitted at special events held at the Person County Museum, the Kirby Theatre, Mayo Park Amphitheatre and the Mayo Educational Community Center noting she was a supporter of both SADD and MADD organizations and personal choice. Ms. Benita Purcell of PO Box 3337, Roxboro invited the Board to attend the third event addressing mental health issues in rural communities that is scheduled to be held on April 16, 2015 at City Hall from 7:00-9:00 pm.
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Mr. Mike Whitt of 616 Aubrey Clayton Road, Hurdle Mills, pastor of New Life Baptist Church and a businessman for over 30 years in Person County stated opposition to the request for a Special Use Permit to allow alcohol on county property noting his experience working with youth in the county and his opinion that approval of such request sends the wrong message to youth. Ms. Lawrie Ira of 123 S. Morgan Street, Roxboro and a member of the Arts Council encouraged the Board to support the request for a Special Use Permit to allow the option to serve wine and/or alcohol in a regulated manner at certain events. Ms. Pat Hill of 916 Mann Oakley Road, Rougemont gave the Board a handout representing PCPRIDE’s study on what would be the best solution for Person County’s waste generated by its citizens with five possible alternatives: 1) open a transfer station where recyclables will be separated from trash with the trash taken to Granville County’s landfill and the recyclables taken to the Recycling Center, 2) build a county owned landfill, 3) let the contract with Republic continue on a year by year basis for 10 years, 4) give Republic a new contract for 30 years and increase the tonnage, and 5) do nothing at this time. The handout containing the five options also listed the consequences of each alternative with human, environmental and economic impacts. Ms. Blossom Gardner of 1001 Gardner Road, Roxboro represented the Person County Museum in support of the request to serve alcohol on county owned property noting Museum Board will work hard to regulate events in a responsible manner. Mr. Norwood Walker of 2556 Burlington Road, Roxboro, a member of the Arts Council and an educator of 48 years advocated for personal responsibility and choice as the Board considers approval of the request for the ability to have alcohol at certain county facilities. Ms. Patricia “PJ” Gentry of 541 Byrd Creek Lane, Hurdle Mills urged the Board to support the request for allowing alcohol and wine to be served on certain county properties advocating that county owned property is owned by all citizens not specific groups. Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont thanked Vice Chairman Newell and Commissioner Clayton for voting against the request to allow alcohol and wine at certain county facilities and described the many deaths in the community that have occurred within a one-half to three-fourths mile proximity of the landfill and linked to environmental causes.
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DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Kendrick and carried 5-0 to approve the Consent Agenda with the following item:
A. Approval of Minutes of February 5, 2015
UNFINISHED BUSINESS:
SECOND READING FOR A REQUEST FOR SPECIAL USE PERMITTING
POLICY AT SPECIFIC RECREATION, ARTS AND PARKS FACILITIES AND
PERSON COUNTY MUSEUM AND REVISED PERSON COUNTY ORDINANCE
REGULATING POSSESSION OR CONSUMPTION OF MALT BEVERAGES OR
FORTIFIED WINE ON COUNTY PROPERTY:
Mr. John Hill, Director of the Recreation, Arts, and Parks and Chairman of the Recreation Advisory Board, Mr. Donald Long, requested Board consideration to approve the Special Use Alcohol Permit and Policy for Specific County Recreation Facilities, and Revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property at its Second Reading. Mr. Hill and Mr. Long reminded the Board that the Person County Recreation Advisory Board requested Board consideration for Special Use Permitting of Alcohol Beverages for specific rental facilities and performance venues at the Board’s February 16, 2015 meeting. The Recreation Advisory Board requested consideration from the Board of Commissioners to adopt the Special Use Alcohol Permit/Policy and the revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property for specific facilities with the designated boundaries as listed below:
1. Mayo Park Amphitheater in the concrete seating areas directly in front of the stage, the grass seating area directly in front of the stage in an area 200 feet long by 130 feet wide and in the stage area within 50 feet from the left, right and back of the stage.
2. Mayo Park Environmental Community Center within the center and within 50 feet from all sides of the building.
3. Kirby Cultural Arts Complex within Gallery front room (main gallery), Community Gallery (Hallway) and main theatre seating area (both upstairs and downstairs).
4. Person County Museum Grounds within the museum and no further than 50 feet from the property line.
Mr. Hill and Mr. Long outlined the approval process for an alcohol permit noting input and approval on many levels including law enforcement. The individual responsible for the event would incur the fees as required by law with enforcement regulated by paid officers.
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Commissioner Jeffers noted future review of any incidents could result in an amendment or repeal of the ordinance should that be necessary.
A motion was made by Commissioner Jeffers and carried by majority vote 3-2 to approve the Special Use Alcohol Permit and Policy for Specific County Recreation Facilities, and a Revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property as presented. Chairman Puryear and Commissioners Jeffers and Kendrick voted in support of the motion. Vice Chairman Newell and Commissioner Clayton cast the dissenting votes.
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FIRST READING FOR AN AMENDMENT TO THE AUTOMOBILE
GRAVEYARD AND JUNKYARD ORDINANCE:
Planning Director, Michael Ciriello stated the Board, at its February 16, 2015
meeting, requested staff to propose language to amend the existing Automotive Graveyards
and Junkyard Ordinance to clarify the applicability of the existing ordinance to commercial
and residential properties. Mr. Ciriello outlined the proposed amendments for Board input
as follows:
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Mr. Ciriello stated the proposed amendments add clarification how the ordinance applies to residential properties related to visibility upon complaints. Mr. Ciriello stated the proposed amendments do not impact existing commercial operations. The proposed ordinance does not apply to residential properties that are not visible from adjacent residential or public uses (schools, playgrounds) on adjacent properties or from public roads or to farms as defined by State statute and construction sites with currently active permits
Commissioner Jeffers noted the process involved the Planning Department sending a letter to a property owner for non-compliance giving 30 days to become compliant; and after 30 days, should the property owner remain non-compliant, a second notice will be sent allowing no less than 10 days and no more than 30 days. Commissioner Jeffers advocated to be more consistent with the number of days allowable at the second notice stage. Mr. Ciriello stated the easy solution was to consistently allow 30 days for each notice.
Chairman Puryear noted with any ordinance amendment, unintended consequences
may occur further noting the appeal process authority would be with the Board of Commissioners.
Commissioner Kendrick stated issue with the language under the Applicability section noting the Ordinance applies to all residential zoned properties and uses and applies to junk as defined in the Ordinance from an adjacent property, and/or road. The definition of junk in the Ordinance is old or scrapped copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked automobiles or parts thereof., iron, steel, and other old or scrap ferrous or non-ferrous-materials. County Attorney, Ron Aycock made the Board aware that a public hearing is not required to amend the existing Automotive Graveyards and Junkyard Ordinance. Mr. Aycock stated the Board may adopt the amended ordinance as presented at the First Reading by unanimous vote or by simple majority vote at the Second Reading. Chairman Puryear asked the Board to consider not taking a vote on the proposed amendments to the existing Automotive Graveyards and Junkyard Ordinance with instruction to Mr. Ciriello to bring back to the Board with adjustments. A motion was made by Vice Chairman Newell and carried 3-2 to table the proposed amendments to the existing Automotive Graveyards and Junkyard Ordinance. Vice Chairman Newell and Commissioners Kendrick and Jeffers voted in favor of the motion. Chairman Puryear and Commissioner Clayton cast the dissenting votes.
Mr. Ciriello stated he would further clarify the language in the Process section to specify 30 days upon a second notice as well as suggest a definition of junk.
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FIRST READING OF THE ABANDONED STRUCTURE ORDINANCE:
Planning Director Michael Ciriello stated the Board, at its February 16, 2015 meeting, requested staff to craft language for an Abandoned Structure Ordinance in response to citizen complaints and concerns about public safety and property values. Mr. Ciriello stated the following were key points to the proposed Abandoned Structure Ordinance:
• Covers manufactured mobile homes and abandoned residential and commercial structures,
• Ordinance shall not apply to structures further than 500’ from residential or public uses (schools, playgrounds) on adjacent properties; and, not visible from transportation right-of-way,
• Exceptions for farm structures and historic properties,
• Abandoned structure standards would be enforced by Building Inspections,
• Mobile home grant program (optional) would be administered by the Planning Department,
• County can pay for removal costs; however, removal costs cannot be collected via the property tax bill only through a lien on the property,
• Appeals heard by Board of Commissioners,
• Costs are projected $15,000-$20,000, and
• Some operating funds would be needed to pay for clean-up of abandoned structures Mr. Ciriello presented the Board with the following proposed Nuisance Ordinance
for Abandoned Structures for input:
Proposed Nuisance Ordinance for Abandoned Structures
Authority
Person County hereby exercises its authority to enact Abandoned Structure regulations pursuant to N.C.G.S 153A-12, 121,123 &140; 160A-443.
Jurisdiction
The jurisdiction of this Ordinance shall be described as any part of Person County not within the corporate limits or the extra territorial jurisdiction of any municipality. However, this ordinance shall not apply to any structure used or previously used for agricultural purposes.
Short Title
This ordinance shall be known as the Abandoned Structure Ordinance of Person County, North Carolina, and may be cited as the Abandoned Structure Ordinance.
Purpose
The purpose of this ordinance is to promote the public safety, health, and welfare of the citizens of Person County through the regulation of abandoned structures in the county. All
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abandoned structures defined herein are hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare, and safety of the residents of Person County. This ordinance is adopted pursuant to the authority contained in N.C.G.S. 153A-12, 121,123 &140; 160A-443. Definitions
“Abandoned Structure” a residential or commercial building shall be considered an abandoned structure if it is unoccupied and damaged or in disrepair to the point of being condemnable as defined by NCGS §153A-366 and is found to be a nuisance because it creates or fosters one (1) or more of the following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests; b. The collection of pools or ponds of water; c. Concentrated quantities of gasoline, oil, or other flammable or explosive materials; d. A source of danger for children because of the possibility of entrapment or injury
from exposed sharp surfaces of metal, glass, or other rigid materials; e. A source of danger from the building structure, or parts thereof, falling or turning
over; f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of
any kind; g. Accumulation of sewage or animal waste; h. Concentrated quantities of hazardous materials; i. The presence of dead animals; or, j. Any building structure specifically declared a public health and safety hazard by
the Board of Commissioners.
“Abandoned Manufactured Home” shall be considered an abandoned structure if it is in a wrecked, scrapped, disassembled, unusable, cannibalized, burnt, inoperable or if available, is not connected to an approved sewer system and not occupied and is found to be a nuisance because it creates or fosters one (1) or more of the following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests; b. The collection of pools or ponds of water; c. Concentrated quantities of gasoline, oil, or other flammable or explosive materials; d. A source of danger for children because of the possibility of entrapment or injury
from exposed sharp surfaces of metal, glass, or other rigid materials; e. A source of danger from the home, or parts thereof, falling or turning over; f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of
any kind; g. Accumulation of sewage or animal waste; h. Concentrated quantities of hazardous materials; i. The presence of dead animals; or, j. Any manufactured home specifically declared a public health and safety hazard by
the Board of Commissioners.
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“Manufactured Home” is a structure, transportable in one or more sections, which in the traveling mode whose body is 8 feet or more in width or 40 feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Department of Housing and Urban Development (HUD) and complies with the standards established under that Federal agency. For purposes of this ordinance, “manufactured home” includes both factory-built single-family structures built to meet standards established under The National Manufactured Housing Construction and Safety Standards Act of 1974 and mobile homes built prior to the effective date of those standards (June 15, 1976). The Federal Standards became effective on June 15, 1976, and all homes with a date of manufacture on or after this date were required to have a HUD label indicating compliance with the standards. “Historic Structure” or, “Historic Property” is as defined by the State Historic Preservation Office and the National Register of Historic Places.
“Agricultural purpose” and “bona fide farm” as defined by NC GS §153A-340: 1. A farm sales tax exemption certificate issued by the Department of Revenue. 2. A copy of the property tax listing showing that the property is eligible for
participation in the present use value program pursuant to G.S. 105-277.3. 3. A copy of the farm owner's or operator's Schedule F from the owners or
operators most recent federal income tax return. 4. A forest management plan. 5. A Farm Identification Number issued by the United States Department of
Agriculture Farm Service Agency.
Exceptions
• This ordinance shall not apply to any structure used or previously used for agricultural purposes.
• This ordinance shall not apply to historic properties or structures.
• Ordinance shall not apply to structures further than 500’ from residential or public uses (schools, playgrounds) on adjacent properties; and, not visible from transportation right-of-way.
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Illustration to show distances from adjacent properties to burned-out house; distance
measured using Person County GIS mapping software
Process
1. Upon receipt of a complaint, the Building Inspections Department will conduct an
investigation to determine if the structure meets the definition of an “Abandoned
Structure” as defined by this ordinance. The Building Inspections Department will be
responsible for mailing notices, overseeing the removal of abandoned structures. The
Building Inspections Director shall keep an accurate record of all enforcement
proceedings begun pursuant to the provisions of this chapter.
2. In exercising these powers, each member of the inspection department has a right, upon
presentation of proper credentials, to enter on any premises within the territorial
jurisdiction of the department at any reasonable hour for the purposes of inspection or
other enforcement action. Nothing in this section shall be construed to prohibit periodic
inspections in accordance with State fire prevention code or as otherwise required by
State law.
3. Upon determining that a violation of this ordinance exists, written notice shall be issued
to:
a. The registered owner or person(s) entitled to possession of the abandoned or
neglected structure;
b. The registered owner, lessee, or person(s) entitled to the land on which the
abandoned or neglected structure is located;
c. Shall affix a notice of the dangerous character of the building to a conspicuous place
on its exterior wall. (§ 153A-366) (If a person removes a notice that has been
affixed to a building by a local inspector and that states the dangerous character
of the building, he is guilty of a Class 1 misdemeanor).
4. The notice shall be provided by registered or certified mail. The notice shall:
a. Identify the property and describe the abandoned structure located thereon to be
removed, abated, or remedied;
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b. (1) Notify the owner that the building is in a condition that appears to constitute a fire or safety hazard or to be dangerous to life, health, or other property; (2) Notify the owner that a hearing will be held before the inspector at a designated place and time, not later than 10 days after the date of the notice, at which time the owner is entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and (3) Notify the owner the following the hearing, the inspector may issue any order to repair, close, vacate, or demolish the building that appears appropriate.
c. Inform an owner who has received an order under G.S. 153A-369 that they may appeal from the order to the board of commissioners by giving written notice of appeal to the inspector and to the clerk within 10 days following the day the order is issued. In the absence of an appeal, the order of the inspector is final. The board of commissioners shall hear any appeal within a reasonable time and may affirm, modify and affirm, or revoke the order;
d. State that the costs incurred by the county to remove, abate, or remedy the abandoned structure, if not paid by the violator(s), shall be a lien upon the property.
3. If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building in question at least 10 days before the day of the hearing and a notice of the hearing is published at least once not later than one week before the hearing.
Penalties
If the owner of a building fails to comply with an order issued pursuant to G.S. 153A-369 from which no appeal has been taken, or fails to comply with an order of the Board of Commissioners following an appeal, the offender is guilty of a Class 1 misdemeanor.
Appeal
An owner who has received an order under G.S. 153A-369 may appeal from the order to the Board of Commissioners by giving written notice of appeal to the inspector and to the clerk within 10 days following the day the order is issued. In the absence of an appeal, the order of the inspector is final. The Board of Commissioners shall hear any appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
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Commissioner Jeffers asked Mr. Ciriello if the proposed Abandoned Structure Ordinance would remedy the Shotwell complaint to which Mr. Ciriello replied affirmatively assuming the structure was deemed not safe by the Building Inspections Department. Commissioner Clayton asked Mr. Ciriello if the proposed Abandoned Structure Ordinance would remedy the complaint from the Timberlake subdivision to which Mr. Ciriello stated only if the building were to be condemned but not for the structures; Mr. Ciriello stated the Automobile Graveyard Junkyard Ordinance could possibly address the complaint outside on the property. Commissioner Kendrick stated opposition to telling people what they can or cannot do on their property.
A public hearing is not required to adopt the proposed Abandoned Structure Ordinance. Chairman Puryear stated the Board may adopt the ordinance as presented at the First Reading by unanimous vote or by simple majority vote at the Second Reading. County Attorney, Ron Aycock confirmed the Board has the authority to amend or repeal said ordinance in the future. A motion was made by Commissioner Jeffers and carried 4-1 to approve the Abandoned Structure Ordinance as presented. Chairman Puryear, Vice Chairman Newell and Commissioners Clayton and Jeffers voted in support of the motion. Commissioner Kendrick cast the lone dissenting vote.
As the vote at the First Reading was not unanimous the Second Reading for this item will be on the Board’s March 16, 2015 agenda.
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NEW BUSINESS:
COMMUNITY CHILD PROTECTION TEAM ANNUAL REPORT:
Person County Department of Social Services (DSS) Director, Carlton Paylor introduced Dr. Terri Cates, Chair of the Person County Community Child Protection Team (CCPT). Mr. Paylor noted the CCPT was established as a means for the state and local communities to form a partnership to strengthen child protection in response to Executive Order 142 in May 1991. In North Carolina, each CCPT reviews active child welfare cases, fatalities, and other cases brought to the team for review. The purpose of the case reviews is to identify systemic deficiencies in child welfare services or resources. Once identified, teams develop strategies to address the gaps in the child welfare system within the county and report to the state areas of concern that warrant action by the state. Teams promote child well-being through collaboration. CCPT also promotes child well-being through public awareness.
Dr. Cates stated CCPT represents various county agencies and groups with a focus
on child advocacy and child welfare mandated by NC General Statutes to present to the Board an update of the past year CCPT activities. Dr. Cates stated CCPT meets monthly to review cases of child abuse and neglect to identify and address gaps in available services that may affect the welfare of children in Person County. Dr. Cates noted CCPT collaborates with community partners and raises public awareness wherever possible.
During 2014, Dr. Cates stated CCPT reviewed a total of twelve (12) cases. The
gaps identified were limited access to mental health services, substance abuse and rehab services as well as basic transportation. Dr. Cates stated domestic violence remains a barrier to parents seeking services. Dr. Cates noted there have been times where the number of children in foster care in Person County exceeded the number of foster homes available. Mentoring services for youth is also a need in Person County. Dr. Cates further noted that CCPT attended presentations on gangs and gang related activities, human trafficking and substance abuse, in particular, the role drugs play in addiction recovery. Dr. Cates told the group CCPT participated in an open forum with Debra Farrington with Cardinal Innovations (contractor for mental health services).
Commissioner Jeffers asked if Person County children were seeking mental health
services outside of Person County due the lack of therapists locally. Mr. Paylor stated there are currently therapists in Person County however there are occasions where a child has specific needs to be referred outside the county. No action was required by the Board. The Board of Commissioners thanked Dr. Cates and Mr. Paylor for the annual report.
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HOME & COMMUNITY CARE BLOCK GRANT FUNDING 2014-2015:
Ms. Maynell Harper, Interim Aging Services Director requested approval of the Home & Community Care Block Grant (HCCBG) Committee’s funding allocation revision for 2014-2015 for Person County. As a result of a 1.76% ($4,896.00) reduction in state funding, Person County HCCBG Committee elected to amend funding as reflected in the form 731 County Funding Plan Summary. The reduced funding is as follows: Person County Senior Center, a decrease of $4,234.80 for a total budget of $285,765.20 allocated between Congregate and Home Delivered Nutrition, Transportation, In-Home Aide, and Operations; Person County Department of Social Services, a decrease of $582.00 for a total of $32,494.00 allocated for In-Home Aide services; and Generations Adult Day Care, a decrease of $79.20 for a total of $4,420.80 allocated for Adult Day Care. The total HCCBG funding for Person County is $322,680.00. A motion was made by Commissioner Clayton and carried 5-0 to approve the Home & Community Care Block Grant Committee’s funding allocation revision for 2014-2015 for Person County as presented.
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FIRST READING OF A REVISED RECREATION ADVISORY BOARD
ORDINANCE:
John Hill, Director of the Recreation, Arts, and Parks Department, on behalf of the Recreation Advisory Board requested Board consideration to adopt revisions to the Person County Recreation Advisory Board Ordinance. Mr. Hill stated the proposed revisions prepare for future efforts to devise a non-profit (501c3) organization call the “Friends of the Parks”. The non-profit organization will lead efforts to raise funds to help subsidized programs and development of future facilities for the Person County Recreation, Arts, and Parks Department as well as increase promotions and awareness to programs and facility offering to citizens and visitors very similarly as the Arts Council. The Friends of the Parks and Lakes Committee “Friends of the Parks” replaces the title of Mayo Park and Lake Committee. The Board is not required to have a public hearing but may call for a public hearing if so desired. The Board may adopt the revised ordinance as presented at the First Reading by unanimous vote or by simple majority vote at the Second Reading. Commissioner Kendrick questioned one of the duties of the committee (item g): Committee may act as liaison between Duke Energy Progress and our citizens in matters related to Recreation, Arts, and Parks Department programs on Person County Lakes. County Attorney, Ron Aycock confirmed the committee would act only in an advisory capacity noting the final authority for action would be the responsibility of the Board of Commissioners. A motion was made by Commissioner Jeffers and carried 5-0 by unanimous vote to adopt the revised Recreation Advisory Board Ordinance as presented (at First Reading).
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FIRST READING OF AN AMENDED PERSON COUNTY WIRELESS
TELECOMMUNICATIONS FACILITIES ORDINANCE:
County Attorney, Ron Aycock outlined the process and procedure as set by Board’s Planning Ordinance as well as state law requirements for an amendment to the Person County Wireless Telecommunications Facilities Ordinance. Mr. Aycock stated the Planning Ordinance provides that the Planning Board reviews, holds a public hearing and makes a recommendation to the Board of Commissioners. Upon review by the Board of Commissioners, there is a state requirement for the Board of Commissioners to hold a public hearing as well prior to taking action. Mr. Aycock noted the Board of Commissioners may or may not rule with the recommendation from the Planning Board noting a simple majority is required to adopt the any such amendment or repeal following the public hearing. Mr. Aycock noted the options available to the Board of Commissioners as follows: 1) amend as proposed and thus send to the Planning Board, 2) consider exempting county wireless towers from the ordinance and thus send to the Planning Board, and 3) propose to repeal the existing ordinance and thus send to the Planning Board. Commissioner Jeffers asked the height of the proposed towers for the public safety communication system. Planning Director, Michael Ciriello stated the proposed height is 300 ft. which exceeds the existing county regulations.
Mr. Ciriello stated the Planning staff have been working with the Assistant County Manager, General Services Director and telecommunications engineers to review and recommend amendments to the existing ordinance to accommodate specific design standards for “self-supporting towers”. Mr. Ciriello noted the key points related to the proposed amendments are:
• Self-supporting towers have been shown to require a smaller “fall zone” in case of structural failure,
• A reduced fall zone warrants reconsideration of the setback standards for this type of tower,
• The reduced setback would be equal to ½ the height of the tower but not less than the setbacks otherwise required in the zoning district, and
• Proposed amendment incorporates additional definitions to support project reviews.
Mr. Ciriello presented the amended Person County Wireless Telecommunications
Facilities Ordinance as follows:
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PERSON COUNTY WIRELESS TELECOMMUNICATIONS FACILITIES
ORDINANCE I. Purpose and Legislative Intent
The County of Person finds that wireless telecommunications facilities may pose concerns to the health, safety, public welfare, character and environment of the County and its residents. The County also recognizes that facilitating the development of wireless service technology can be an economic development asset to the County and of significant benefit to the County and its residents. In order to assure that the placement, construction or modification of wireless telecommunications facilities is consistent with the County’s land use policies, the County is adopting a single, comprehensive, wireless telecommunications facilities application and permitting process. The intent of this Ordinance is to minimize the physical impact of wireless telecommunications facilities on the community, protect the character of the community to the extent reasonably possible, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the County of Person. II Severability
A) If any word, phrase, sentence, part, section, subsection, or other portion of this
Ordinance or any application thereof is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.
B) Any special use permit issued pursuant to this Ordinance shall be comprehensive
and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by such, the permit shall be void in total, upon determination by the County.
III. Definitions
For purposes of this Ordinance, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning as defined. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word “shall” is always mandatory, and not merely directory.
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1. “Accessory Facility or Structure” means an accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.
2. “Administrative Approval” means zoning approval that the Planning Director or designee is authorized to grant after administrative review.
3. “Amend” or “Amended” means any change in an application made subsequent to the submission of the application originally submitted, regardless of the reason.
4. “Applicant” means any wireless service provider submitting an application for a
special use permit for wireless telecommunications facilities. 5. “Application” means all necessary and required documentation that an applicant
submits in order to receive a special use permit or a building permit and zoning permit for wireless telecommunications facilities.
6. “Antenna” means a system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
7. “Board” means the Board of County Commissioners.
8. “Carrier on Wheels or Cell on Wheels” (COW) -- A portable self-contained telecommunications facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.
9. “Co-location” means the use of an approved telecommunications structure to support an antenna for the provision of wireless services.
10. “Commercial Impracticability” or “Commercially Impracticable” means the inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone and for a single site, shall not deem a situation to be “commercially impracticable” and shall not render an act or the terms of an agreement “commercially impracticable.”
11. “Completed Application” means all necessary and required information and data are included to enable an informed decision to be made with respect to an application.
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12. “DAS” or “Distributive Access System” means a technology using antenna combining technology allowing for multiple carriers or wireless service providers to use the same set of antennas, cabling or fiber optics.
13. “FAA” means the Federal Aviation Administration, or its duly designated and authorized successor agency.
14. “FCC” means the Federal Communications Commission, or its duly designated and
authorized successor agency.
15. “Height” means, when referring to a tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure including an antenna or lightening protection device.
16. “Maintenance” means plumbing, electrical or mechanical work that may require a building permit and zoning permit but that does not constitute a modification to the wireless telecommunications facility.
17. “Modification” or “Modify” means the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or change out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or site as a co-location is a modification.
18. “Monopole” --A single, freestanding pole-type structure supporting one or more antenna. For purposes of this Ordinance, a monopole is not a tower.
19. “Necessary” means what is technologically required for the equipment to function as designed by the manufacturer and that anything less will result in prohibiting or acting in a manner that prohibits the provision of service as intended and described in the narrative of the application. Necessary does not mean what may be desired or preferred technically.
20. “NIER” means Non-Ionizing Electromagnetic Radiation.
21. “Person” means any individual, corporation, estate, trust, partnership, joint stock
company, association of two (2) or more persons having a joint common interest, or any other entity.
22. “Personal Wireless Facility” See definition for ‘Wireless Telecommunications Facilities’.
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23. “Personal Wireless Services (PWS)” or “Personal Telecommunications Service (PTS)” shall have the same meaning as defined and used in the 1996 Telecommunications Act.
24. "Repairs and Maintenance" means the replacement or repair of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.
25. “Replacement” -- Constructing a new support structure of proportions and of equal height or such other height that would not constitute a Substantial Increase to a pre-existing support structure in order to support a telecommunications facility or to accommodate co-location and removing the pre-existing support structure.
26. “Self-Supporting Tower” refers to a four legged, self-supporting tower made of square angular elements designed on a square base pattern.
27. “Special Use Permit” means the official document or permit by which an applicant is allowed to file for a building permit and zoning permit to construct and use wireless telecommunications facilities as granted or issued by the County.
28. “Stealth” or “Stealth Technology” means a design or treatment that minimizes adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean building the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances. Stealth technology includes such technology as DAS or its functional equivalent or camouflage where the tower is disguised to make it less visually obtrusive and not recognizable to the average person as a wireless telecommunications facility.
29. “State” means the State of North Carolina.
30. “Telecommunications” means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
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31. “Telecommunications Facilities” – Any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:
a. Any satellite earth station antenna two meters in diameter or less which is
located in an area zoned industrial or commercial; or, b. Any satellite earth station antenna one meter or less in diameter, regardless of
zoning category.
32. “Telecommunications Site” See definition for wireless telecommunications facilities.
33. “Telecommunications Structure” means a structure used in the provision of services described in the definition of wireless telecommunications facilities.
34. “Temporary” means temporary in relation to all aspects and components of this Ordinance, something intended to, or that does, exist for fewer than ninety (90) days.
35. “Tower” means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
36. “Wireless Telecommunications Facility or Facilities (WTF or WTFs)” means and includes a “Telecommunications Site” and “Personal Wireless Facility” meaning a structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes without limit, towers of all types, kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the facility. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.
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IV. Summary of Approvals Required for Telecommunications Facilities and
Support Structures.
Administrative Review and Approval
Type of Structure Use Maximum
Height
Zoning District
New Support/Self-Supporting Telecommunications 60 feet Any except residential
Stealth Telecommunications 60 feet Any
New Support/Self-Supporting Wireless Broadband 120 feet Any
Stealth Telecommunications 150 feet Any except residential
New Support/Self-Supporting Telecommunications 199 feet Industrial
Monopole/Replacement
Poles
Telecommunications None
specified
Utility easements or
rights of way
COWs Telecommunications None
specified
Any
Special Use Permit
Any structure not meeting the above guidelines.
Exempt
1) Ordinary Maintenance 2) Antennas used by residential households solely for the reception of radio and
television broadcasts 3) Satellite antennas used sole for household or residential purposes 4) COWs placed in Person County for 120 days or less after declaration of emergency or
disaster 5) Television and AM/FM radio broadcast towers and associated facilities
V. Telecommunications Facilities and Support Structures Permitted by
Administrative Approval.
(A) Telecommunications Facilities Located on Existing Structures
(1) Telecommunications facilities are permitted in all zoning districts when located on any existing structure subject to administrative approval in accordance with the requirements of this section.
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(2) Antennas and accessory equipment may exceed the maximum building height limitations within a zoning district, provided they do not constitute a substantial increase.
(3) Minor modifications are permitted in all zoning districts subject to
administrative approval in accordance with the requirements of this section.
(B) New Support Structures
(1) New support structures less than sixty (60) feet in height shall be permitted in all zoning districts except residential districts in accordance with the requirements of this section.
(2) Stealth telecommunications facilities that are less than sixty (60) feet in
height shall be permitted in any residential district after administrative review and administrative approval provided that it meets the applicable standards in accordance with this Ordinance
(3) New support structures up to one hundred twenty (120) feet in height that
are used to provide wireless broadband service to specific geographical areas or neighborhoods shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this Ordinance.
(4) New support structures up to one hundred ninety-nine (199) feet in height
shall be permitted in all Industrial Districts in accordance with the requirements of this section. The height of any proposed support structure shall not exceed the minimum height necessary to meet the coverage or capacity objectives of the facility. The setback of the structure shall be governed by the setback requirements of the underlying zoning district.
(5) A monopole or replacement pole that will support utility lines as well as a
telecommunications facility shall be permitted within utility easements or rights-of-way, in accordance with the requirements of this section.
(a) The utility easement or right-of-way shall be a minimum of one
hundred (100) feet in width. (b) The easement or right-of-way shall contain overhead utility
transmission and/or distribution structures that are eighty (80) feet or greater in height.
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(c) The height of the monopole or replacement pole may not exceed by more than thirty (30) feet the height of existing utility support structures.
(d) Monopoles and the accessory equipment shall be set back a
minimum of fifteen (15) feet from all boundaries of the easement or right-of-way.
(e) Single carrier monopoles may be used within utility easements and
rights-of-way due to the height restriction imposed by Subsection (c) above.
(f) Poles that use the structure of a utility tower for support are
permitted under this Part. Such poles may extend up to twenty (20) feet above the height of the utility tower.
(6) Monopoles or replacement poles located on public property or within public rights-of-way that will support public facilities or equipment in addition to telecommunications facilities shall be permitted in accordance with requirements of this section. Examples include, but are not limited to, municipal communication facilities, athletic field lights, traffic lights, street lights, and other types of utility poles in the public right-of-way.
(C) Stealth Telecommunications Facilities
(1) Stealth telecommunications facilities shall be permitted in all zoning districts after administrative review and administrative approval in accordance with the requirements below. Stealth facilities in residential areas must not exceed sixty (60) feet and comply with the requirements below in order to qualify for administrative review.
(a) Antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer.
(b) Existing structures utilized to support the antennas must be
allowed within the underlying zone district. Such structures may include, but are not limited to, flagpoles, bell towers, clock towers, crosses, monuments, smoke stacks, parapets, and steeples.
(c) Setbacks for stealth facilities that utilize a new structure shall be
governed by the setback requirements of the underlying zoning district.
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(D) COW Facilities and Minor Modifications
(1) The use of COWs shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this Ordinance if the use of the COW is either not in response to a declaration or emergency by the Governor or will last in excess of one hundred-twenty (120) days.
(E) General Standards, Design Requirements, and Miscellaneous Provisions
(1) Unless otherwise specified herein, all telecommunications facilities and support structures permitted by administrative approval are subject to the applicable general standards and design requirements of Section VII and the provisions of Section VIII.
(F) Administrative Review Process
(1) All administrative review applications must contain the following:
(a) Administrative review application form signed by applicant. (b) Copy of lease or letter of authorization from property owner
evidencing applicant’s authority to pursue zoning application. Such submissions need not disclose financial lease terms.
(c) Site plans detailing proposed improvements which comply with
Section 81—Site Plan Requirements of the Person County Planning Ordinance. Drawings must depict improvements related to the requirements listed in this section, including property boundaries, setbacks, topography, elevation sketch, and dimensions of improvements.
(d) In the case of a new Support Structure:
i. Statement documenting why collocation cannot meet the
applicant's requirements. Such statement may include justifications, including why collocation is either not reasonably available or technologically feasible as necessary to document the reasons why collocation is not a viable option; and
ii. The applicant shall provide a list of all the existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation
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why the alternatives considered were either unavailable, or technologically or reasonably infeasible.
iii. Applications for new support structures with proposed telecommunications facilities shall be considered together as one application requiring only a single application fee.
(e) Administrative review application fee listed as Cellular Tower
Recertification, Cellular Tower Fee, and/or Collocation Fee as appropriate in the Person County Schedule of Fees.
(2) Procedure
(a) Within thirty (30) days of the receipt of an application for administrative review, the Planning Director shall either: (1) inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements; or (2) deem the application complete. If the Planning Director informs the applicant of an incomplete application within thirty (30) days, the overall timeframe for review is suspended until such time that the applicant provides the requested information.
(b) An applicant that receives notice of an incomplete application may
submit additional documentation to complete the application. An applicant’s unreasonable failure to complete the application within sixty (60) business days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.
(c) The Planning Director must issue a written decision granting or
denying the request within ninety (90) days of the submission of the initial application unless:
(ii) Planning Director notified applicant that its application was
incomplete within thirty (30) days of filing. If so, the remaining time from the ninety (90) day total review time is suspended until the applicant provides the missing information; or
(ii) Extension of time is agreed to by the applicant.
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Failure to issue a written decision within ninety (90) days shall constitute an approval of the application.
(d) Should the Planning Director deny the application, the Planning
Director shall provide written justification for the denial. The denial must be based on substantial evidence of inconsistencies between the application and this Ordinance.
(e) Applicant may appeal any decision of the Planning Director
approving, approving with conditions, or denying an application or deeming an application incomplete, within thirty (30) days to the Planning Board in accordance with this Ordinance.
VI. Telecommunications Facilities and Support Structures Permitted by Special
Use Permit.
(A) Any Telecommunications Facility or Support Structures Not Meeting the Requirements of Section V Shall Be Permitted by Special Use Permit in all Zoning Districts Subject to:
(1) The submission requirements of Section VI (B) below; and (2) The applicable standards of Sections VII and VIII below; and
(3) The requirements of the special use permit general conditions in Section 74 of the Person County Planning Ordinance.
(B) Submission Requirements for Special Use Permit Applications
(1) All special use permit applications for telecommunications facility and support structures must contain the following:
(a) Special Use Permit application form signed by applicant. (b) Copy of lease or letter of authorization from the property owner
evidencing applicant’s authority to pursue zoning application. Such submissions need not disclose financial lease terms.
(c) Written description and scaled drawings of the proposed support
structure, including structure height, ground and structure design, and proposed materials.
(d) Number of proposed antennas and their height above ground level,
including the proposed placement of antennas on the support structure.
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(e) When locating within a residential area, a written technical and
operational analysis of why a monopole or similar structure at a height of less than one hundred (100) feet cannot be used.
(f) Line-of-sight diagram or photo simulation, showing the proposed
support structure set against the skyline and viewed from at least four (4) directions within the surrounding areas.
(g) A statement justifying why collocation is not feasible. Such statement
shall include:
(i) Such technical information and other justifications as are necessary to document the reasons why collocation is not a viable option; and
(ii) A list of the existing structures considered as possible alternatives
to the proposed location and a written explanation why the alternatives considered were either unavailable or technologically infeasible.
(h) A statement that the proposed support structure will be made available
for collocation to other service providers at commercially reasonable rates.
(i) Proof that the proposed special use will not materially injure the value
of the adjoining or abutting property as required by Section 74 of the Person County Planning Ordinance.
(j) Special use permit application fee and Cellular Tower Recertification,
Cellular Tower Fee, and/or Collocation Fee as appropriate as listed in the Person County Schedule of Fees.
(C) Procedure
(1) Within thirty (30) days of the receipt of an application for administrative review, the Planning Director shall either: (1) inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements; or (2) deem the application complete and meet with the applicant. If the Planning Director informs the applicant of an incomplete application within thirty (30) days, the overall timeframe for review is suspended until such time that the applicant provides the requested information.
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(2) If an application is deemed incomplete, an applicant may submit additional materials to complete the application. An applicant’s unreasonable failure to complete the application within sixty (60) business days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.
(3) A complete application for a special use permit shall be scheduled for a
hearing date as required by Section 74 of the Person County Planning Ordinance.
(4) Applications for new support structures with proposed
telecommunications facilities shall be considered as one application requiring a single application fee.
(5) The posting of the property and public notification of the application shall
be accomplished in the same manner required for any special use permit application under this Ordinance.
(6) The Planning Director must issue a written decision granting or denying
the request within one hundred-fifty (150) days of the submission of the initial application unless:
(i) The Planning Director notified applicant that its application was
incomplete within thirty (30) days of filing. If so, the remaining time from the one hundred-fifty (150) day total review time is suspended until the applicant provides the missing information; or
(ii) Extension of time is agreed to by the applicant.
Failure to issue a written decision within one hundred-fifty (150) days shall constitute an approval of the application. VII. General Standards and Design Requirements.
(A) Design
(1) Support Structures shall be subject to the following:
(a) Shall be designed to accommodate a minimum number of collocations based upon their height:
(i) Support structures sixty (60) to one hundred (100) feet shall support at least two (2) telecommunications providers;
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(ii) Support structures from one hundred (100) to one hundred-fifty feet (150) shall support at least three (3) telecommunications providers;
(iii) Support structures greater than one hundred-fifty (150) feet in height shall support at least four (4) telecommunications carriers.
(b) The compound area surrounding the monopole must be of
sufficient size to accommodate accessory equipment for the appropriate number of telecommunications providers in accordance with Section VII(A)(1)(a).
(2) Stealth telecommunications facilities shall be designed to accommodate the
co-location of other antennas whenever feasible.
(3) Upon request of the applicant, the Planning Board may waive the requirement that new support structures accommodate the co-location of other service providers if it finds that co-location at the site is not essential to the public interest, or that the construction of a shorter support structure with fewer antennas will promote community compatibility.
(B) Setbacks
(1) Property Lines. Unless otherwise stated herein, support structures shall be set back from all property lines a distance equal to their height measured from the base of the structure to its highest point.
(2) Self-Supporting Towers. Self-support structures shall be set back from all property lines a distance equal to their ½ height measured from the base of the structure to its highest point but not less than the existing setbacks in the zoning district for other structures.
(3) Residential Dwellings. Unless otherwise stated herein, monopoles, towers
and other support structures shall be set back from all off-site residential dwellings a distance equal to the height of the structure. There shall be no setback requirement from dwellings located on the same parcel as the proposed structure. Existing or replacement structures shall not be subject to a setback requirement.
(4) Unless otherwise stated herein, all accessory equipment shall be set back
from all property lines in accordance with the minimum setback requirements in the underlying zoning district. Accessory equipment
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associated with an existing or replacement utility pole shall not be subject to a setback requirement.
(5) The Planning Board shall have the authority to vary any required setback
upon the request of the applicant if:
(a) Applicant provides a letter stamped by a certified structural engineer documenting that the proposed structure’s fall zone is less than the actual height of the structure.
(b) The telecommunications facility or support structure is consistent
with the purposes and intent of this Ordinance. (C) Height
(1) In non-residential districts, support structures shall be designed to be the minimum height needed to meet the service objectives.
(2) In residential districts, support structures shall not exceed a height equal to
one hundred ninety-nine (199) feet from the base of the structure to the top of the highest point, including appurtenances. Any proposed support structure shall be designed to be the minimum height needed to meet the service objectives.
(3) In all zoning districts, the Planning Board shall have the authority to vary
the height restrictions of this section upon the request of the applicant and a satisfactory showing of need for a greater height. With its waiver request the applicant shall submit such technical information or other justifications as are necessary to document the need for the additional height to the satisfaction of the Planning Board.
(D) Aesthetics
(1) Lighting and Marking. Telecommunications facilities or support structures shall not be lighted or marked unless required by the FCC or the FAA.
(2) Signage. Signs located at the telecommunications facility shall be limited
to ownership and contact information, FCC antenna registration number (if required) and any other information required by government regulation. Commercial advertising is strictly prohibited.
(3) Landscaping. In all districts, the Planning Board shall have the authority
to impose reasonable landscaping requirements surrounding the accessory
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equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The Planning Board may choose to not require landscaping for sites that are not visible from the public right-of-way or adjacent property or in instances where in the judgment of the Planning Board, landscaping is not appropriate or necessary.
(E) Accessory equipment, including any buildings, cabinets or shelters, shall be used
only to house equipment and other supplies in support of the operation of the telecommunication facility or support structure. Any equipment not used in direct support of such operation shall not be stored on the site.
The accessory equipment must conform to the setback standards of the applicable zone. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the Planning Board. VIII. Miscellaneous Provisions.
(A) Fencing
(1) Ground mounted accessory equipment and support structures shall be secured and enclosed with a fence not less than six (6) feet in height as deemed appropriate by the Planning Board.
(2) The Planning Board may waive the requirement of Subsection (1) above if
it is deemed that a fence is not appropriate or needed at the proposed location.
(B) Abandonment and Removal. If a support structure is abandoned, and it remains
abandoned for a period in excess of twelve (12) consecutive months, the County may require that such support structure be removed only after first providing written notice to the owner of said structure and giving them the opportunity to take such action(s) as may be necessary to reclaim said structure within thirty (30) days of receipt of written notice. In the event the owner of the support structure fails to reclaim said structure within the thirty (30) day period, they shall be required to remove it within six (6) months thereafter. The County shall ensure and enforce removal by means of its existing regulatory authority.
(C) Multiple Uses on a Single Parcel or Lot. Telecommunications facilities and
support structures may be located on a parcel containing another principal use on the same site or may be the principal use itself.
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IX. Telecommunications Facilities and Support Structures in Existence on the
Date of Adoption of this Ordinance.
(A) Telecommunications facilities and support structures that were legally permitted on or before the date this Ordinance shall be considered a permitted and lawful use.
(B) The provisions of this section are limited to those structures that do not meet the
height or setback requirements set forth in these regulations. (C) Non-conforming Support Structures
(1) Ordinary maintenance may be performed on a non-conforming support structure or telecommunications facility.
(2) Co-location and/or minor modifications of telecommunications facilities
on an existing non-conforming support structure shall not be construed as an expansion, enlargement or increase in intensity of a non-conforming structure and/or use and shall be permitted through the administrative approval process defined in Section IV.
(3) Major modifications may be made to non-conforming support structures utilizing the regulatory approval process defined in Section V.
X. Retention of Expert Assistance
(A) The County may hire any consultant and/or expert necessary to assist the County in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any site inspections.
(B) The hiring of any consultant will be based upon the findings of the County
Manager or their designee of a demonstrable need for assistance beyond the expertise of the County staff.
(C) The cost of retaining this expert will be borne by the applicant and shall not
exceed an amount of $4,000. XI. Effective Date This ordinance become effective on the 6th day of December, 2010, amended September 6, 2011 and further amended on the ___ day of ________, 2015.
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XII. Non Applicability to State Owned or Operated Facilities on County Owned
Property
This ordinance or any other provision of the Person County Planning Ordinances shall not apply to wireless telecommunications towers or facilities owned and/or operated by the state of North Carolina on property owned by Person County located on Critcher Wilkerson Road and identified on the records of Person County as Tax Map 118 Parcel 8.
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Commissioner Clayton asked staff if the existing ordinance was repealed, what would be the implications of such action. Mr. Ciriello stated if the ordinance is repealed, the request becomes an approval by right to which a zoning permit would be required only and the Board of Commissioners would not hear such requests nor would a Special Use Permit be needed. Mr. Ciriello stated the Rural Conservation district does not allow towers at this time as well as historical sites would be covered through state regulations. Commissioner Jeffers noted many towers proposals that come before the Board request to exceed the ordinance regulated height and ask why the County is limiting the height. Mr. Ciriello stated the primary concern is the height and the fall zone. Commissioner Clayton asked if FCC regulates tower fall zones to which Mr. Ciriello stated no. Chairman Puryear noted FCC regulates flight pattern and frequencies. Commissioner Kendrick stated he did not think the county needs the existing ordinance. A motion was made by Commissioner Clayton and carried 5-0 to repeal the Person County Wireless Telecommunications Facilities Ordinance. Mr. Aycock reminded the Board that the process following the Board’s action, according to the Board’s Planning Ordinance, was to send the request to the Planning Board to review and hold a public hearing to repeal the ordinance which then would come before the Board for a public hearing. Mr. Aycock noted state law dictates that any planning law action before the Board of Commissioners, a public hearing is required prior to action.
It was the consensus of the Board to direct the County Attorney to review the Board of Commissioners action to not send the request to the Planning Board to review and hold a public hearing.
A motion was made by Commissioner Clayton and carried 5-0 to call a public hearing related to the action to repeal the Person County Wireless Telecommunications Facilities Ordinance. Mr. Aycock recommended the Board schedule the public hearing for April 6, 2015 due to the advertising requirements. It was the consensus of the Board to hold the called public hearing on April 6, 2015 related to the action to repeal the Person County Wireless Telecommunications Facilities Ordinance.
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DRAFT REQUEST FOR PROPOSALS FOR SOLID WASTE MANAGEMENT:
Heidi York, County Manager and Sybil Tate, Assistant County Manager presented a draft Request for Proposals (RFP) for Solid Waste Management in response to direction at the Board’s last meeting, on February 16th, for a third-party consultant to provide information regarding Person County’s future solid waste management options. Ms. Tate outlined the proposed scope of the RFP with the projected associated costs as follows:
1. Cost-benefit analysis of solid waste management options
2. Recommend an option based on cost and service quality
3. Cost-benefit impact of each option on the City of Roxboro
4. Recommend sites for landfill, transfer stations and collection sites; include zoning recommendation
$30,000 - $35,000
5. Analysis of environmental testing at current landfill; pre and post-testing using DENR data,
$10,000 - $15,000 (Varies dependent upon what is tested and how many properties)
6. Analysis of current landfill capacity; analysis of landfill waste stream
$20,000 - $25,000
7. Review current recycling system and recommend appropriate changes that will increase recycling. Recommendations for increasing recycling in our future waste management system. Include cost estimates and anticipated revenues.
$30,000 - $35,000
8. Assist and/or lead negotiations with Republic, if contract renewal is outcome
$5,000 - $10,000
Ms. Tate stated the total cost estimate was projected to be between $35,000 - $120,000. Ms. York offered to bring in a state representative to present to the Board state testing data (pre-landfill data as well as data over the years) to possibly narrow the scope of the testing as listed in #5 above. Ms. Tate noted there is a possibility to work with the state with #6 above to obtain grant funds.
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Ms. Tate further noted that Person Industries may be requesting funds for an efficiency study related to improving the MRP process to increase recycling which could be made a part of #7 above. Commissioner Kendrick stated the scope was broad and covered what the Board has directed staff to include. Vice Chairman Newell added the most critical component for him was the air quality testing. Commissioner Jeffers stated preference for a third party to collect samples for testing. Ms. York stated the County Environmental Health department has been used to test residential wells and/or groundwater sampling and offered for Mr. Harold Kelly the director of Environmental Health to present to the Board as to what type of testing is available through the county. It was the consensus of the Board to start the process by asking the state to come to a Board meeting to address state data reporting as well as obtain information from the County Environmental Health Department. It was also the consensus of the Board to delay the release of the RFP until after those discussions. Commissioner Jeffers stated he was contacted by the Environmental Issues Advisory Committee’s Chair requesting a liaison from the county to which he volunteered to serve in that capacity. Commissioner Jeffers told the group he had put a representative into contact with Person Industries to encourage the separation of cartons that go into the recycling facility.
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Person County
Request for Proposals (RFP)
Solid Waste Management Study
March 2, 2015
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1. Project Overview
Person County, North Carolina is seeking proposals from qualified firms to perform a
comprehensive solid waste study. The county has identified major areas of research that
the final study must include. They are the following:
9. Cost-benefit analysis of solid waste management options
10. Recommend an option based on cost and service quality
11. Cost-benefit impact of each option on the City of Roxboro
12. Recommend sites for landfill, transfer stations and collection sites; include
zoning recommendation
13. Analysis of environmental testing at current landfill; pre and post-testing
14. Analysis of current landfill capacity; analysis of landfill waste stream
15. Review current recycling system and recommend appropriate changes that will
increase recycling. Recommendations for increasing recycling in our future waste
management system. Include cost estimates and anticipated revenues.
16. Assist and/or lead negotiations with Republic, if contract renewal is outcome
Attached is a memo that contains the solid waste management options shared with the
Person County Board of Commissioners at their Feb. 16, 2015 meeting.
2. Background
Person County is a rural county with a population of almost 40,000 residents. The City of
Roxboro is the only municipality and has a population of 8,344. The county provides
recycling services at a single drop-off point in the City of Roxboro, but it does not
provide any other solid waste management services, such as collection, collection sites,
or disposal services. The county contracts with Republic Services for disposal services
and private haulers operate collection services in the unincorporated areas of the
county. Individuals who do not wish to pay a private hauler may take their waste
directly to the landfill. The City of Roxboro provides collection services through its Solid
Waste department and pays a tipping fee to deliver the waste to Republic’s landfill.
Republic Services owns and operates the Upper Piedmont Environmental Landfill;
however, the contract and franchise agreement between Republic and the County
expires on August 7, 2017. Currently, the county receives an estimated $530,000/yr in
host fee revenues, an additional $25,000/yr in funding for promoting recycling and
$30,214/yr in tax revenues.
3. Proposal Requirements
Interested firms shall submit a proposal consisting of the following information, tabbed
as identified and in the order indicated below:
Section 1 – General Introduction (maximum of two (2) pages)
Provide a general introduction of your firm to include, but not be limited to, firm name,
year established, address, telephone number, fax number and contact person.
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Section 2 – Personnel
Specify professional qualifications of key management and staff personnel to be
assigned to the project.
Identify specialty, level of expertise, education and any direct work experience on
projects similar in scope to the one being proposed.
For the proposed project manager, provide the name and phone number of two (2)
clients with whom the project manager has worked on similar projects to include the
following information:
• Client name/type (private sector and/or government)
• Reference name and current contact information (phone and e-mail)
Section 3 – Consultants/Sub-consultants/Other Participants
Provide a list of consultants and/or sub-consultants, if any, who would be retained to
provide services on the project including qualifications and experience of all listed.
Highlight any unique experience relative to this type or scope of work.
Specify the percentage of work anticipated to be attributed to these consultants.
Identify any Disadvantaged Business Enterprise (DBE), minority, or local firms to be
used.
Section 4 – Past Experience
Provide a range of projects that most closely compare to the areas of concentration
described in the Project Overview section of this RFP. Describe the precise involvement
that your firm had in each of the cited examples to include, but not be limited to, the
following:
• A brief description of each project with status and outcome
• Examples of challenges you encountered when implementing projects of this
nature and the ensuing resolutions/decisions
Provide names and contact numbers for cited projects.
Section 5 – Project Approach and Timeline
Based on the project scope and objectives provided herein, describe the specific
services and activities your firm proposes to provide, identify key staff assignments for
each, and outline required actions/involvement by County personnel.
Provide a general schedule indicating the approximate amount of time required to
complete the various stages of the project.
Describe any unique qualities or experience you feel make your firm best suited to
perform this work.
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Section 6 – Fee Proposal
The fee proposal shall include a total fee for each component outlined in the proposal
with a not-to-exceed amount and hourly rates charged for team members, which may
be used to negotiate changes in the scope of work if necessary.
4. Selection Criteria for Completeness
Proposals will be reviewed to ensure that the proposals is received on time (March 23,
2015; 5:00 PM), is substantially complete and meets other eligibility requirements. If
these standards are not met, the proposal will be rejected. Proposals will not be
returned to the applicant.
(1) Timeliness. Proposals will be reviewed to verify submission by the submission
deadline. Person County will reject Proposals that do not meet the submission
deadline.
(2) Completeness. Proposals will be reviewed to verify completeness. All items in
Section 3 must be addressed. Person County will reject Proposals that do not
address all items in these sections and are thus materially incomplete.
(3) Quality of Personnel. Proposals will be reviewed to ensure that the project
personnel are qualified to complete the study.
(4) Quality of References. All proposals will be verified with reference checks from
previous customers.
5. Evaluation Criteria and Process
Proposals deemed complete will be reviewed, and scored in the following areas.
Scoring
Factor
Criteria Max
Points
Ability to complete
the project
A. Knowledge of key study requirements
B. Includes a well thought-out and realistic
project implementation timeline
C. Quality of project approach description
25
Capacity to
complete the project
A. Staff capacity and experience, relevant job
descriptions
25
Past Experience A. Depth of past/current experience
B. Quality of references
25
Cost A. Total project costs
B. Breakdown of component costs
25
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Scores for each rating factor will be added together to obtain a total score for each
proposal. Proposals will then be ranked from highest to lowest according to the total
combined score. Person County may choose a single vendor or multiple vendors. Person
County reserves the right to reject all proposals.
6. Award Schedule
March 2, 2015 Request for Proposals released by Person County
March 9, 2015 Questions from vendors due to Person County
March 23, 2015 Proposals due to Person County
March 24 –April 20, 2015 Review and recommendations
April 2015 Projected Date for award notification
The schedule is subject to change without notice.
7. Proposal Submission Process
One electronic copy of this Proposal, and all relevant materials, must be received by
5:00 PM on the deadline date. Faxes are not acceptable. The electronic copy should be
submitted by e-mail. When submitting materials by e-mail, you must have a reply from
Person County acknowledging receipt of materials. Please send submissions to
8. Corrections to Deficient Proposals
After the Proposal due date, no unsolicited information will be considered. However,
Person County staff may contact the applicant to correct non-substantive deficiencies.
In each case of a completeness deficiency, the applicant will be notified by telephone or
email documenting the deficiency. All supplemental information requested by the
County must be received within five business days of the date of notice or the proposal
will be rejected.
9. Questions
Person County will respond to questions submitted ONLY via e-mail to
[email protected]. The deadline for questions is 5:00 PM, March 9, 2015. The
questions will be answered to the submitter and all questions and responses will be
posted on the Person County website.
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10. Miscellaneous Requirements
Consultant agrees to hold harmless and indemnify County from any and all claims, loss,
liability, demands, damages or any other financial demands that may be alleged or
realized due to acts of nonfeasance, malfeasance, misfeasance, or negligence
committed by Consultant while in the performance of the duties or assignment
pursuant to this Agreement. Consultant agrees to procure and maintain, or cause to be
procured and maintained, commercial general liability insurance with liability limits of at
least one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) aggregate; Consultant shall also procure and maintain, or cause to be
procured and maintained, Workers’ Compensation coverage for its employees, as may
be required by law and Errors and Omission insurance in the amount of at least
$1,000,000.00. Consultant’s certificate of insurance shall be furnished to the County and
shall give the County a 30 day written notice of any changes, amendments or
termination by either the Consultant or insurance company.
Person County’s policy is to provide and encourage minority business the opportunity to
participate in the bidding process. Person County does not discriminate against any
persons or business in pursuit of these opportunities on the basis of color, national
origin, religion, sex, age, disability, or veteran’s status.
11. Certification by Applicant
The attached statements and exhibits are hereby made part of this Proposal and the
undersigned representative of the applicant certifies that the information in this
Proposal and the attached statements and exhibits is true, correct and complete to the
best of his/her knowledge and belief. He/She further certifies that:
1. As authorized representative, he/she has been authorized to file this
Proposal by formal action of the governing body;
2. That the governing body agrees that if a contract from the Person
County is awarded, the applicant will provide proper and timely
submittals of all documentation requested by the County;
3. That the applicant has substantially complied with or will comply
with all federal, state and local laws, rules and regulations and
ordinances as applicable to the project.
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______________________________________________________________________
Signature of Grantee/Authorized Representative
Typed Name and Title
Date
Checklist for Additional Forms:
Please enclose the additional items before submitting:
� Project Proposal (see proposal requirements)
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REQUEST FOR APPROVAL TO WRITE THREE GRANTS FOR THE PERSON
COUNTY SHERIFF’S OFFICE:
Sheriff Dewey Jones requested Board approval for the Sheriff’s Office to write and submit grants related to the following:
1. 2015-2016 United Way Grant for G.R.E.A.T. Summer Camp in the amount of $16,000.00 with no match required. The United Way grant is a yearly grant that is used to fund the G.R.E.A.T. summer camp and the application is due on March 4, 2015.
2. 2015-2016 JCPC Grant in the amount of $6,000.00 with no match required. The
JCPC is a grant that is used to fund the G.R.E.A.T. summer camp it is due on March 16, 2015.
3. 2015-2017 MacArthur Foundation Grant - The MacArthur Foundation Grant is a 3 year research based grant with no match that could bring in $4,150,000.00 it is due by March 31, 2015.
a. 2015 -$150,000.00 b. 2016- up to $2,000,000.00 c. 2017- up to $2,000,000.00
A motion was made by Commissioner Clayton and carried 5-0 to approve for the Sherriff’s Office to pursue grant funding through United Way, JCPC and the MacArthur Foundation as presented.
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APPOINTMENTS TO BOARDS AND COMMITTEES:
Clerk to the Board, Brenda Reaves presented to the Board interested citizen applications for consideration for Board nomination and appointment. The Person County Board of Commissioners solicited volunteers to fill positions on the following boards, commissions, authorities, and committees through advertisement in the Courier-Times on January 17, 2015 edition with notice to submit applications by February 10, 2015. Ms. Reaves encouraged the Board to recruit citizens to fill the current vacancies. Juvenile Crime Prevention Council: 1-Year Initial Term; 2-Year Reappointment 1 position available each for a member of the business community and a member of the faith community; and 1 position available for a substance abuse professional
A) Ben Sims requested reappointment to represent as member of the faith community for a 2-year term.
2-Year Term: 4 citizens-at-large positions and 1 position each to represent the Chief of Police, Chief Court Judge, the Health Department and the District Attorney
A) Lorenzo Gadson requested appointment as a citizen-at-large for a 2-year term, B) Judge Mark Galloway requested reappointment (Chief Court Judge) for a 2-
year term, and C) Harold Kelly, Health Department representative, requested reappointment for a
2-year term A motion was made by Commissioner Clayton and carried 5-0 to reappoint Ben Sims (member of the faith community), Judge Mark Galloway (Chief Court Judge), Harold Kelly (Health Dept) and appoint Lorenzo Gadson (citizen-at-large) to the Juvenile Crime Prevention Council, each for a 2-year term. Library Advisory Board: 1 position available to fulfill an unexpired 3-Year term to June 30, 2017
A) Lynn B. Jones requested appointment to fulfill an unexpired term to June 30, 2017
A motion was made by Chairman Puryear and carried 5-0 to appoint Lynn B. Jones to the Library Advisory Board to fulfill an unexpired term to June 30, 2017.
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Tourism Development Authority: An application for Denise Hallett, Hotel General Manager at the Hampton to replace Tammy Woods (relocated from Roxboro to Wake Forest) as the County’s designated representative for hotel/motel/B&B/lodging. Due to Ms. Hallett residency is outside Person County, a request for voting authority was also before the Board for the unexpired term to December 31, 2016. A motion was made by Commissioner Clayton and failed 2-3 to appoint Denise Hallett to fulfill the unexpired term to December 31, 2016 for the seat designated for the hotel/motel/B&B/ lodging representative with voting authority. Commissioners Clayton and Kendrick vote in favor of the motion; Chairman Puryear, Vice Chairman Newell and Commissioner Jeffers voted in opposition to the motion. A motion was made by Commissioner Clayton and carried 5-0 to repeal the requirement for board and committee applicants to reside inside Person County to have voting authority. A motion to reconsider the vote was made by Commissioner Jeffers and carried 5-0 to reconsider the failed motion to appoint Denise Hallett to fulfill the unexpired term to December 31, 2016 for the seat designated for the hotel/motel/B&B/ lodging representative. A motion was made by Commissioner Jeffers and carried 5-0 to appoint Denise Hallett to fulfill the unexpired term to December 31, 2016 for the seat designated for the hotel/motel/B&B/ lodging representative.
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CHAIRMAN’S REPORT:
Chairman Puryear reported the following:
o A ribbon cutting will be held on Thursday, March 5, 2015 at 11:30 am at Palace Pointe,
o The Board of Education’s Chairman and Vice Chairman has requested a meeting with the Board of Commissioners’ Chairman and Vice Chairman which will be held on March 4, 2015 at 9:00 am, and
o Piedmont Community College’s Board of Trustees Chairman and Vice Chairman has elected to schedule a meeting (date to be determined) with the Board of Commissioners’ Chairman and Vice Chairman in lieu of a joint meeting by both boards.
MANAGER’S REPORT:
County Manager, Heidi York had no report. COMMISSIONER REPORT/COMMENTS:
Commissioner Clayton told the group of the annual stew social at TG Brooks Store will be held on March 4, 2015 at noon.
Vice Chairman Newell and Commissioners Jeffers Kendrick had no report.
CLOSED SESSION #1:
A motion was made by Commissioner Kendrick and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate, and General Services Director, Ray Foushee at 9:05 pm.
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A motion was made by Commissioner Kendrick and carried 5-0 to return to open session at 9:33 pm.
A motion was made by Vice Chairman Newell and carried 5-0 to accept the property from the City of Roxboro as a gift to Person County Government.
Commissioner Jeffers stated the property is zoned B-3 and usable for all uses
concerning the Senior Center/Recreation Center noting the City’s Planning Director email states “Publicly owned and operated indoor and/or outdoor recreation facilities such as gym, athletic field, tennis courts, track, swimming pool, etc.” County Manager, Heidi York stated the senior center would be the primary use therefore falling under the Community Center definition “A publicly owned and operated facility used for recreation, social, educational and for cultural activities.” Commissioner Jeffers added that the senior center would be the main purposed activity with an opportunity in the future to add a recreational center to include any of the above noted amenities.
Chairman Puryear stated his intent to use the gift of property given by the City of
Roxboro solely as a senior center. A motion was made by Vice Chairman Newell to direct the County Manager to
begin dialogue with Brockwell Engineering Firm to obtain preliminary plans for the future of the site. Commissioner Kendrick requested direction to include a steel frame structure with a façade acceptable to the City so to have a free standing steel structure that would allow changes versus a fixed structure with load bearing walls that do not allow changes.
An amended motion was made by Vice Chairman Newell and carried 5-0 to direct
the County Manager to begin dialogue with Brockwell Engineering Firm to obtain preliminary plans for the future of the site that includes a steel frame structure with a façade acceptable to the City so to have a free standing steel structure that would allow changes versus a fixed structure with load bearing walls that do not allow changes.
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ADJOURNMENT:
A motion was made by Commissioner Newell and carried 5-0 to adjourn the meeting at 9:38 pm.
_____________________________ ______________________________ Brenda B. Reaves Kyle W. Puryear Clerk to the Board Chairman (Draft Board minutes are subject to Board approval).
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Dept./Acct No. Department Name AmountIncr / (Decr)
EXPENDITURES General Fund
General Government 148,303
Public Safety (22,084)
Human Services (16,923)
Culture and Recreation 207,081
Transportation (19,040)
Economic and Physical Development (2,992)
Environmental Protection (389)
Transfers to Other Funds 7,019
Contingency (82,345)
REVENUES General Fund
Intergovernmental 2,500
Other Revenues 216,130
EXPENDITURES
PI Community Rehabilitation Program Fund and
Material Recovery Facility Fund
PI Community Rehabilitation Program 8,186
Material Recovery Facility (1,167)
REVENUES
PI Community Rehabilitation Program Fund and
Material Recovery Facility Fund
Transfer from General Fund to PI 8,186
Transfer from General Fund to MRF (1,167)
Explanation:
BUDGET AMENDMENT
Transfer contingency funds (-$154,888) to cover property and liability insurance in Human Resources
Department ($154,888); transfer contigency funds (-$48,851) to cover unemployment insurance charges in
the Jail, PATS, PI, and Human Resources Departments ($48,851); recognize donations to Animal
Services ($1,333); receipt of grant for Mayo Cyclysm from Person County TDA ($2,500); receipt of
donation for Master Gardener project in Cooperative Extension ($500); receipt of general donations to
Coop Extension ($954); receipt of vehicle damage claim for vehicle in Sheriff's Department ($4,705);
receipt of general donations to Recreation, Arts, and Parks ($750); recognize contribution from PCC to the
Kirby Rebirth Project ($207,888); include correction for a duplicate entry posted in Budget Amendment #12
regarding vehicle insurance, transferring $121,394 back to the contingency fund from department budgets
(-$121,394)
BA 13149
AGENDA ABSTRACT
Meeting Date: March 16, 2015
Agenda Title: Tax Adjustments for March 2015
Summary of Information: Attached please find the tax releases and motor vehicle pending refunds March 2015.
1. March 2015 tax releases.
2. March 2015 North Carolina Vehicle Tax System (NCVTS) pending refunds.
Recommended Action: Motion to accept reports and authorize refunds.
Submitted By: Russell Jones, Tax Administrator
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COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 03062015 PAGE: 1
ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-"
38008 2012014 FOSTER LEWIS ALLEN PERSONAL 38008 201 36232 -5.25 0.00- 0 0.00- 0 0.00 -0.53 -0.12 0.00 -5.90 15400R 1523 RH 01282015 REASON:BOAT IN VA 38008 1132013 FOSTER LEWIS ALLEN PERSONAL 38008 113 56473 -5.25 0.00- 0 0.00- 0 0.00 -0.53 -0.60 0.00 -6.38 15401R 1524 RH 01282015 REASON:BOAT IN VA 36399 1132013 TEXS SMALL ENGINE REPAIR BUSINESS PERSONAL 36399 113 56639 -7.70 0.00- 0 0.00- 0 0.00 -0.77 -0.93 0.00 -9.40 15402R 1525 RH 01292015 -6.93-50 -0.69 -0.83 -8.45__________ -17.85 REASON:BUSINESS CLOSED IN 2012 36399 1012014 TEXS SMALL ENGINE REPAIR BUSINESS PERSONAL 36399 101 41870 -7.70 0.00- 0 0.00- 0 0.00 -0.77 -0.17 0.00 -8.64 15403R 1526 RH 01292015 -7.26-50 -0.73 -0.16 -8.15__________ -16.79 REASON:BUSINESS CLOSED IN 2012 13441 3022014 GENTRY JOCELYN ANITA 2 ACRES & HOUSE 13441 302 20455 -497.35 0.00- 0 -16.00-30 0.00 0.00 0.00 0.00 -513.35 15404R 1527 CW 01292015 REASON:HOUSE WAS DEMOLISHED BY WELLS FARGO FOR YEAR 2014 41352 1092009 WOLFE JASON SHAWN PICKUP F250 4X4 CREW TK 41352 109 44698 -33.24 0.00- 0 0.00- 0 0.00 0.00 -2.00 0.00 -35.24 15212R 1528 BSG 01302015 REASON:BANKRUPTCY DISCHARGE 1/28/15 9532 1082008 SMITH TERESA TERRELL GRAND AM GT CP 9532 108 44363 -0.08 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.08 2008R 1530 SRJ 01302015 REASON:UNDER ONE DOLLAR 53857 1132013 JONES LEQUANA ALEXNISA GRAND AM SE CP 53857 113 52784 -0.10 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.10 2013R 1531 SRJ 01302015 -0.18-50 0.00 0.00 -0.18__________ -0.28 REASON:UNDER ONE DOLLAR 16094 1132013 RAGLAND JAMES E & GERTIE C FR CLAYTON HOMES INC F02 16094 113 57609 -0.01 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.02 2013R 1532 SRJ 01302015 REASON:UNDER ONE DOLLAR 63943 1012014 AIR SERV C/O RYAN TAX BUSINESS PERSONAL 63943 101 33102 -0.62 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.62 2014R 1533 SRJ 01302015 REASON:UNDER ONE DOLLAR 3352 3022014 BOGUE JAMES W & HELEN S YARBOROUGH ST H/L 3352 302 10004 -0.05 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.05 2014R 1534 SRJ 01302015 -0.05-50 0.00 0.00 -0.05__________ -0.10 REASON:UNDER ONE DOLLAR 44962 1012014 COINMACH SERVICE CORP BUSINESS PERSONAL 44962 101 41099 -0.10 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.10 2014R 1535 SRJ 01302015 -0.10-50 0.00 0.00 -0.10__________ -0.20 REASON:UNDER ONE DOLLAR 19183 3092014 DANIEL CYNTHIA L COVINGTON PLACE/LT10/VL 19183 309 18848 -0.09 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.10 2014R 1536 SRJ 01302015 REASON:UNDER ONE DOLLAR 53023 3012014 FLOWE KENNETH DR & ANITA FAIRFIELD PARK/LT94/H&L 28147 301 10627 -0.76 0.00- 0 -0.01-30 0.00 0.00 -0.02 0.00 -0.79 2014R 1537 SRJ 01302015 REASON:UNDER ONE DOLLAR 53031 3022014 GILES DORA J LOT 7 BLACKWELL HGTS 53031 302 12507 -0.48 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.48 2014R 1538 SRJ 01302015 -0.46-50 0.00 0.00 -0.46__________ -0.94 REASON:UNDER ONE DOLLAR 5291 3022014 GRAY DAVID R & LAURA N DEERCREEK/LT17/H&L 5291 302 19564 -0.09 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.10 2014R 1539 SRJ 01302015 REASON:UNDER ONE DOLLAR 151
COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 03062015 PAGE: 2
ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-"
48400 3012014 MCCORD DEBRA K 66/100 ACRE & HOUSE 48400 301 8480 0.00 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.01 2014R 1540 SRJ 01302015 REASON:UNDER ONE DOLLAR 50266 3012014 SENTER JOSEPH KYLE RIDGEFIELD/H&L 50266 301 19899 -0.58 0.00- 0 -0.02-30 0.00 0.00 -0.01 0.00 -0.61 2014R 1541 SRJ 01302015 REASON:UNDER ONE DOLLAR 31629 3032014 SMITH MICHAEL HUGH & MARY LYNN 4 & 3/100 ACRES/HSE 31629 303 21348 -0.02 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.03 2014R 1542 SRJ 01302015 REASON:UNDER ONE DOLLAR 19869 3032014 STEPHENS JAMES W & MARGARET M 16 & 67/100 ACRES 19869 303 22966 -0.34 0.00- 0 -0.02-30 0.00 0.00 0.00 0.00 -0.36 2014R 1543 SRJ 01302015 REASON:UNDER ONE DOLLAR 60620 9012014 TIMBERLAKE VOLUNTEER FIRE DEPT GOVERNMENTAL 60620 901 5229 0.00 0.00- 0 -0.96-30 0.00 0.00 0.00 0.00 -0.96 2014R 1544 SRJ 01302015 REASON:UNDER ONE DOLLAR 17211 3052014 WARREN DANA A & WM ASHLEY JR VACANT 5 ACRES 17211 305 3874 -0.18 0.00- 0 -0.02-30 0.00 0.00 0.00 0.00 -0.20 2014R 1545 SRJ 01302015 REASON:UNDER ONE DOLLAR 53388 1072007 NASH DEBORAH SUETTE SW2 WAGON SW 53388 107 43613 -0.19 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.19 2007R 1546 SRJ 01302015 -0.37-50 0.00 0.00 -0.37__________ -0.56 REASON:UNDER ONE DOLLAR 21700 3022014 GLENN MAURICE W JR 8&50/100AC/LTB/VL 21700 302 25622 -0.02 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.03 15212R 1564 SA 02062015 REASON:UNDER ONE DOLLAR 46406 1132013 NEVILLE CHRISTINE MARIE HUNTERS EDGE/LT16A/VL 46406 113 57723 -0.68 0.00- 0 -8.00-30 0.00 0.00 -1.32 -3.00 -13.00 15405R 1582 CW 02182015 REASON:COMBINED WITH A84 180 FOR 2015 46406 3022014 NEVILLE CHRISTINE MARIE HUNTERS EDGE/LT16A/VL 46406 302 23900 -0.68 0.00- 0 -8.00-30 0.00 0.00 -0.24 0.00 -8.92 15406R 1583 CW 02182015 REASON:COMBINED WITH A84 180 F 2015 23787 3012014 DAYE CHELCIE L HOUSE & LOT 23787 301 8965 -7.01 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -7.01 15407R 1584 CW 02202015 -6.61-50 0.00 0.00 -6.61__________ -13.62 REASON:REMOVE A HALF BATH COMP FOR 2014 39537 1042004 BROGDEN MELISSA RENEE VAN GRAND VOYAGER SE SW 39537 104 42227 -0.35 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.35 2004R 1597 SRJ 03012015 REASON:UNDER ONE DOLLAR 38672 1042004 FERNANDEZ OSCAR PEREZ TAURUS LX 4S 38672 104 42102 -0.08 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.08 2004R 1598 SRJ 03012015 -0.17-50 0.00 0.00 -0.17__________ -0.25 REASON:UNDER ONE DOLLAR 22152 1052005 MCCALL JANET LOUISE P UP RAM C CAB 1/2 TN TK 22152 105 42522 -0.11 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.11 2005R 1599 SRJ 03012015 REASON:UNDER ONE DOLLAR 42121 1052005 WARREN LAURA ROBERTS CHEROKEE LAREDO 4WD 4DSW 42121 105 42548 -0.07 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.07 2005R 1600 SRJ 03012015 REASON:UNDER ONE DOLLAR 32913 1092009 PENA NELSON BENEROSO TAHOE 4DR 4X2 MP 32913 109 44912 -0.35 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.35 2009R 1601 SRJ 03012015 -0.39-50 0.00 0.00 -0.39__________ -0.74 REASON:UNDER ONE DOLLAR 48119 1102010 BENNETT JAMES HOWARD PICKUP F150 X CAB 1/2 TK 48119 110 45680 -0.06 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.06 2010R 1602 SRJ 03012015 REASON:UNDER ONE DOLLAR 152
COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 03062015 PAGE: 3
ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-"
30174 1102010 GULLAP NEHRU GANDHI SABLE GS 4S 30174 110 45514 -0.16 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.16 2010R 1603 SRJ 03012015 -0.29-50 0.00 0.00 -0.29__________ -0.45 REASON:UNDER ONE DOLLAR 47765 1112011 LONG TERRY LYNN CAVALIER CP 47765 111 47943 -0.09 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.09 2011R 1604 SRJ 03012015 -0.25-50 0.00 0.00 -0.25__________ -0.34 REASON:UNDER ONE DOLLAR 23697 1112011 RAMSEY MINNIE LYNN CIVIC EX CP 23697 111 48081 -0.38 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.38 2011R 1605 SRJ 03012015 REASON:UNDER ONE DOLLAR 58389 1112011 SARNOR KEISHA MONET KARBAH PRIZM 4S 58389 111 48408 -0.36 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.36 2011R 1606 SRJ 03012015 REASON:UNDER ONE DOLLAR 59625 1112011 VAUGHAN JAMES EDWARD PICKUP X CAB 4WD 1/2 TTK 59625 111 48102 -0.36 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.36 2011R 1607 SRJ 03012015 REASON:UNDER ONE DOLLAR 18419 1112011 WILSON PATSY ANN VAN WINDSTAR WAGON LX VN 18419 111 47926 -0.37 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.37 2011R 1608 SRJ 03012015 REASON:UNDER ONE DOLLAR 9780 1122012 CRAWLEY VICKIE ANN 325I 4S 9780 112 51789 -0.31 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.31 2012R 1609 SRJ 03012015 -0.35-50 0.00 0.00 -0.35__________ -0.66 REASON:UNDER ONE DOLLAR 39613 1122012 HOPPER CRAIG WILLIAM GOLF GTI 2S 39613 112 51561 -0.35 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.35 2012R 1610 SRJ 03012015 REASON:UNDER ONE DOLLAR 57310 1122012 ROBBINS BENJAMIN PAUL COROLLA DLX 4S 57310 112 51817 -0.34 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.34 2012R 1611 SRJ 03012015 REASON:UNDER ONE DOLLAR 45512 1122012 SHANNON ANGEL NICOLE JIMMY S15 4X4 4DR MP 45512 112 50803 -0.20 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.20 2012R 1612 SRJ 03012015 -0.32-50 0.00 0.00 -0.32__________ -0.52 REASON:UNDER ONE DOLLAR 23012 1122012 STEWART DAVID RAY YUKON 2DR 4X4 MP 23012 112 50843 -0.33 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.33 2012R 1613 SRJ 03012015 REASON:UNDER ONE DOLLAR 52429 1122012 WATKINS DUSTIN WAYNE TAURUS LX 4S 52429 112 51838 -0.16 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.16 2012R 1614 SRJ 03012015 -0.30-50 0.00 0.00 -0.30__________ -0.46 REASON:UNDER ONE DOLLAR 61838 1122012 WRIGHT TERRI CHRISTINA CAMRY 4S 61838 112 51288 0.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 0.00 2012R 1615 SRJ 03012015 -0.01-50 0.00 0.00 -0.01__________ -0.01 REASON:UNDER ONE DOLLAR 53085 1132013 BOWEN MORGAN ELIZABETH TRACKER LT 4X4 MP 53085 113 55493 -0.42 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.42 2013R 1616 SRJ 03012015 REASON:UNDER ONE DOLLAR 27246 1132013 BUMPASS ERIC JUNIOR IMPALA 4S 27246 113 55209 -0.13 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.13 2013R 1617 SRJ 03012015 -0.21-50 0.00 0.00 -0.21__________ -0.34 REASON:UNDER ONE DOLLAR 62016 1132013 CASTILLO LUIS BENITO VAN ASTRO EXT 4X2 VN 62016 113 55211 -0.27 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.27 2013R 1618 SRJ 03012015 -0.33-50 0.00 0.00 -0.33__________ -0.60
153
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ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-"
57952 1132013 CLAY JASMINE JONEAN SC400 CP 57952 113 55849 -0.40 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.40 2013R 1619 SRJ 03012015 REASON:UNDER ONE DOLLAR 62724 1132013 DURKISH CASSANDRA MARIE PICKUP F150 4X4 X CAB TK 62724 113 52718 -0.45 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.45 2013R 1620 SRJ 03012015 REASON:UNDER ONE DOLLAR 36518 1132013 FARMER TIMOTHY MICHAEL PICKUP DAKOTA 1/2 TON TK 36518 113 55823 -0.38 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.38 2013R 1621 SRJ 03012015 REASON:UNDER ONE DOLLAR 41993 1132013 GREEN JERINNA WILKERSON STRATUS SE PLUS 4S 41993 113 55023 -0.54 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.54 2013R 1622 SRJ 03012015 REASON:UNDER ONE DOLLAR 41934 1132013 HOLLOWAY KENNY DEMARIO 300 TOURING EDITION 4S 41934 113 52786 -0.89 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.89 2013R 1623 SRJ 03012015 REASON:UNDER ONE DOLLAR 4379 1132013 HORTON CHARLENE DRAPER 3&68/100 ACRES 4379 113 60071 -0.01 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.01 2013R 1624 SRJ 03012015 REASON:UNDER ONE DOLLAR 55578 1132013 LEE SAMANTHA CHRISTIAN PROTEGE ES 4S 55578 113 55518 -0.20 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.20 2013R 1625 SRJ 03012015 -0.34-50 0.00 0.00 -0.34__________ -0.54 REASON:UNDER ONE DOLLAR 34608 1132013 LONG JOANNE HATCHER COLONY PARK LS SW SW 34608 113 53010 -0.06 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.06 2013R 1626 SRJ 03012015 -0.16-50 0.00 0.00 -0.16__________ -0.22 REASON:UNDER ONE DOLLAR 25112 1132013 MILLER MICHELE P 2 ACRES/TRACT E/VL 25112 113 57820 -0.91 0.00- 0 -0.05-30 0.00 0.00 0.00 0.00 -0.96 2013R 1627 SRJ 03012015 REASON:UNDER ONE DOLLAR 11024 1132013 NECE ROGER HICKORY RDGE/PH1/LT5/MOD 11024 113 56729 -0.13 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.14 2013R 1628 SRJ 03012015 REASON:UNDER ONE DOLLAR 55808 1132013 ROYAL CRYSTAL DIANA TAURUS SE 4S 55808 113 55198 -0.35 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.35 2013R 1629 SRJ 03012015 REASON:UNDER ONE DOLLAR 21868 1132013 WALTERS TAMMY RAE CAMRY LE 4S 21868 113 56251 -0.34 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.34 2013R 1630 SRJ 03012015 -0.39-50 0.00 0.00 -0.39__________ -0.73 REASON:UNDER ONE DOLLAR 62157 1132013 WEST BRITTANY NICOLE ALTIMA GXE 4S 62157 113 52727 -0.28 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.28 2013R 1631 SRJ 03012015 -0.41-50 0.00 0.00 -0.41__________ -0.69 REASON:UNDER ONE DOLLAR 12148 3022014 CARVER PATSY S & HAL G 1&14/100 AC & HOUSE 12148 302 5297 -0.57 0.00- 0 -0.02-30 0.00 0.00 0.00 0.00 -0.59 2014R 1632 SRJ 03012015 REASON:UNDER ONE DOLLAR 19274 3012014 EARP JULIA TAPP TRUSTEE CHARLIE TAPP/LTF/VL 19274 301 18949 -0.15 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.16 2014R 1633 SRJ 03012015 REASON:UNDER ONE DOLLAR 18917 3012014 FAULKNER ARTHUR T 1 ACRE/VACANT 18917 301 18487 -0.01 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.02 2014R 1634 SRJ 03012015 REASON:UNDER ONE DOLLAR 69 3022014 GRANT SHIRLEY EST LOT NO 4 69 302 8358 -0.03 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.04 2014R 1635 SRJ 03012015 REASON:UNDER ONE DOLLAR 154
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ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-"
13718 3012014 HARGIS SUSAN B BEAVER CREEK/LT31/DW&L 13718 301 18180 -0.08 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.09 2014R 1636 SRJ 03012015 REASON:UNDER ONE DOLLAR 3283 3022014 HODGES BARBARA B ST GEORGES/LT2/H&L 3283 302 17687 -0.43 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.44 2014R 1637 SRJ 03012015 REASON:UNDER ONE DOLLAR 50887 3022014 HOOPER MATTHEW ONEAL 3 & 91/100AC/TRACT 1 50887 302 19091 -0.09 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.10 2014R 1638 SRJ 03012015 REASON:UNDER ONE DOLLAR 27226 3042014 JONES LINWOOD D WILD ROSE/LT2/H&L 27226 304 7014 -0.19 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.20 2014R 1639 SRJ 03012015 REASON:UNDER ONE DOLLAR 14169 9012014 LEAS CHAPEL METHODIST CHURCH RELIGIOUS CHURCH/A 14169 901 16582 0.00 0.00- 0 -0.14-30 0.00 0.00 0.00 0.00 -0.14 2014R 1640 SRJ 03012015 REASON:UNDER ONE DOLLAR 54354 2012014 LONG LAWRENCE D PERSONAL/BOAT 54354 201 36455 -0.02 0.00- 0 0.00- 0 -0.01 0.00 0.00 0.00 -0.03 2014R 1641 SRJ 03012015 -0.03-50 0.00 0.00 -0.03__________ -0.06 REASON:UNDER ONE DOLLAR 55727 3032014 MARSHALL DUANE A & KIMBERLY A WEAVER RIDGE/LT17/VL 55727 303 26730 0.00 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.01 2014R 1642 SRJ 03012015 REASON:UNDER ONE DOLLAR 1532 3012014 MELTON CHARLOTTE/SHOTWELL ALFR 1&20/100AC & HOUSE 1532 301 495 -0.04 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.05 2014R 1643 SRJ 03012015 REASON:UNDER ONE DOLLAR 20238 3012014 POWERS JESSE KEITH & TAMMERA D 14 & 95/100 AC & HSE 20238 301 24091 -0.03 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.04 2014R 1644 SRJ 03012015 REASON:UNDER ONE DOLLAR 20111 3012014 PULLIAM REBECCA D MT TIRZAH/LT3/H&L 20111 301 17946 0.00 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.01 2014R 1645 SRJ 03012015 REASON:UNDER ONE DOLLAR 48913 1012014 SAY IT WITH SASS BUSINESS PERSONAL 48913 101 41508 -0.25 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.25 2014R 1646 SRJ 03012015 -0.25-50 0.00 0.00 -0.25__________ -0.50 REASON:UNDER ONE DOLLAR 48555 3012014 SMITH SUSIE BRANDON LT6 NANNIE BRANDON EST 48555 301 25870 -0.59 0.00- 0 -0.05-30 0.00 0.00 0.00 0.00 -0.64 2014R 1647 SRJ 03012015 REASON:UNDER ONE DOLLAR 43245 3012014 TERRY RANDALL T FOREST SHRS/LT1/H&L 43245 301 2067 -0.25 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.26 2014R 1648 SRJ 03012015 REASON:UNDER ONE DOLLAR 4103 3022014 WALL DWAYNE THOMAS LOT 2 4103 302 13817 -0.07 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.07 2014R 1649 SRJ 03012015 -0.07-50 0.00 0.00 -0.07__________ -0.14 REASON:UNDER ONE DOLLAR 862 3062014 WHITLOW CATHERINE N LOTS 19 21 J A LONG DURH 862 306 15091 -0.05 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -0.05 2014R 1650 SRJ 03012015 -0.06-50 0.00 0.00 -0.06__________ -0.11 REASON:UNDER ONE DOLLAR 7594 3032014 WRENN CHARLIE LOUIS & SONYA B 1 & 70/100 AC & DOUBLEWI 7594 303 22483 0.00 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.01 2014R 1651 SRJ 03012015 REASON:UNDER ONE DOLLAR 33332 1132013 PATTERSON FRED EUGENE 2007 ZEPP CT CT 33332 113 55593 -4.25 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -4.25 15978R 1659 MP 03022015 REASON:TAG TURNED IN VEHICLE SOLD 155
COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 03062015 PAGE: 6
ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-"
35830 1062006 GREEN TREE SERVICING PERS/MH/C&MTLPK 35830 106 43171 -50.44 0.00- 0 0.00- 0 0.00 -5.04 -42.27 0.00 -97.75 15408R 1662 CW 03052015 REASON:SOLD TO CHARLES DAVIS 35830 1072007 GREEN TREE SERVICING LLC PERS/MH/C&MTLPK 35830 107 43772 -49.60 0.00- 0 0.00- 0 0.00 -4.96 -36.35 0.00 -90.91 15409R 1663 CW 03052015 REASON:SOLD TO CHARLES DAVIS
156
COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 03062015 PAGE: 7
TRANSACTION TOTALS PAGETRANSACTIONS FROM 1 THROUGH 1670 IN SY0:TAX .MOD AMOUNTS FROM -999999999.99 THROUGH 999999999.99TRANSACTION TYPES:R TRANSACTIONS 01232015->03052015 0 PAYMENTS 0 DISC/CORR 85 RELEASES TOTAL CREDIT NET CREDIT (PAYMENT+RELEASE) (TOTAL-DISC/CORR)PERSON COUNTY TAX OFFICE 0.00 0.00 -685.90 685.90 685.90LATE LISTING 0.00 0.00 -12.60 12.60 12.60DOG 0.00 0.00 -0.01 0.01 0.01CODE DISTRICT NAME 30 STORMWATER FEE 0.00 0.00 -33.49 33.49 33.49 --------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -732.00 732.00 732.00STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 -84.03 84.03 84.03LIEN SALE COST 0.00 0.00 -3.00 3.00 3.00 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -819.03 819.03 819.03 50 CITY OF ROXBORO 0.00 0.00 -26.29 26.29 26.29LATE LISTING 0.00 0.00 -1.42 1.42 1.42 --------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -27.71 27.71 27.71DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 -0.99 0.99 0.99 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -28.70 28.70 28.70
TOTAL TAXES 0.00 0.00 -759.71 759.71 759.71TOTAL LIEN COST 0.00 0.00 -3.00 3.00 3.00TOTAL DISCOUNT 0.00 0.00 0.00 0.00 0.00TOTAL INTEREST 0.00 0.00 -85.02 85.02 85.02TOTAL STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00 =============== =============== =============== =============== =============== GRAND TOTAL 0.00 0.00 -847.73 847.73 847.73
157
Payee Name Address 3 Bill # Status Transaction
#
Refund Reason Create Date Tax Jurisdiction Levy Type Change Interest Change Total Change
01 Tax ($46.96) $0.00 ($46.96)
50 Tax ($44.27) $0.00 ($44.27)
50 Vehicle Fee $0.00 $0.00 $0.00
Refund $91.23
01 Tax ($18.18) $0.00 ($18.18)
Refund $18.18
01 Tax ($45.20) ($2.26) ($47.46)
Refund $47.46
01 Tax ($67.41) $0.00 ($67.41)
01 Tax ($18.58) $0.00 ($18.58)
Refund $18.58
01 Tax ($18.34) $0.00 ($18.34)
Refund $18.34
01 Tax ($11.30) ($0.74) ($12.04)
Refund $12.04
01 Tax ($7.56) $0.00 ($7.56)
Refund $7.56
01 Tax ($50.12) $0.00 ($50.12)
Refund $50.12
01 Tax ($78.28) $0.00 ($78.28)
Refund $78.28
01 Tax $0.00 $0.00 $0.00
50 Tax ($86.72) $0.00 ($86.72)
50 Vehicle Fee ($10.00) $0.00 ($10.00)
Refund $96.72
01 Tax ($5.39) $0.00 ($5.39)
Refund $5.39
01 Tax ($33.18) $0.00 ($33.18)
Refund $33.18
01 Tax ($162.17) ($8.11) ($170.28)
50 Tax ($152.90) ($7.65) ($160.55)
50 Vehicle Fee $0.00 $0.00 $0.00
Refund $330.83
01 Tax ($58.62) $0.00 ($58.62)
Refund $58.62
01 Tax ($32.72) $0.00 ($32.72)
Refund $32.72
01 Tax ($5.73) $0.00 ($5.73)
Refund $5.73
01 Tax ($2.62) $0.00 ($2.62)
50 Tax ($2.47) $0.00 ($2.47)
Refund $5.09
01 Tax ($51.24) $0.00 ($51.24)
Refund $51.24
01 Tax ($2.89) $0.00 ($2.89)
Refund $2.89
01 Tax ($12.02) $0.00 ($12.02)
Refund $12.02
01 Tax ($55.76) $0.00 ($55.76)
Refund $55.76
WOODY,
DARCUS
ROXBORO, NC 27573 Proration 0009492027 AUTHORIZED 11430255 Vehicle Sold 01/27/2015
Vehicle Sold 02/20/2015
WINSTEAD,
DAVID
ROXBORO, NC 27574 Proration 0016177098 AUTHORIZED 12202335 Vehicle Sold 03/02/2015
0019106712 AUTHORIZED 11988750WHITFIELD,
ARNOLD
HURDLE MILLS, NC
27541
Proration
WATTS, KEITH ROXBORO, NC 27574 Proration 0005971872 AUTHORIZED 11693429 Vehicle Sold 02/06/2015
TICKEY, ROBERT ROXBORO, NC 27573 Proration 0005960372 AUTHORIZED 23721516 Vehicle Sold 02/13/2015
SHARLOW, ALAN ROXBORO, NC 27574 Adjustment <
$100
0023592605 AUTHORIZED 12248805 SLVG or RBLT TTL 03/03/2015
SEAMSTER,
DEBRA
SEMORA, NC 27343 Proration 0005944478 AUTHORIZED 11860718 Vehicle Totalled 02/13/2015
RAGAN, WILLIAM ROUGEMONT, NC
27572
Adjustment <
$100
0024357931 AUTHORIZED 11735846 Over Assessment 02/09/2015
OWEN, MARIA ROXBORO, NC 27573 Proration 0021863071 AUTHORIZED 35296758 Vehicle Sold 02/10/2015
MOONEY, WILLIE ROXBORO, NC 27573 Proration 0024284403 AUTHORIZED 11828431 Vehicle Sold 02/12/2015
MOONEY, ERVAL ROXBORO, NC 27573 Proration 0016168858 AUTHORIZED 11635170 Vehicle Totalled 02/04/2015
LLERENA, JORGE ROXBORO, NC 27573 Adjustment <
$100
0005950119 AUTHORIZED 34290597 Situs error 01/27/2015
HEPLER,
BARBARA
TIMBERLAKE, NC
27583
Proration 0005931845 AUTHORIZED 11988733 Vehicle Sold 02/20/2015
Over Assessment 03/02/2015
HAZEL, RONALD ROXBORO, NC 27574 Adjustment <
$100
0024569086 AUTHORIZED 12202201 Over Assessment 03/02/2015
0016168252 AUTHORIZED 12202192HAZEL, RONALD ROXBORO, NC 27574 Adjustment <
$100
HAZEL, RONALD ROXBORO, NC 27574 Adjustment <
$100
0009219652 AUTHORIZED 12202177 Over Assessment 03/02/2015
Vehicle Sold 02/02/2015
HAYES, RONALD ROUGEMONT, NC
27572
Adjustment <
$100
0016182967 AUTHORIZED 12202166 Over Assessment 03/02/2015
0022064694 AUTHORIZED 11571138HARRIS, DUSTIN TIMBERLAKE, NC
27583
Proration
DIXON, ANDY HURDLE MILLS, NC
27541
Proration 0009705406 AUTHORIZED 11735911 Tag Surrender 02/09/2015
Vehicle Sold 02/25/2015
DENNY, JACOB ROXBORO, NC 27574 Proration 0021030188 AUTHORIZED 12080533 Vehicle Sold 02/25/2015
0019691445 AUTHORIZED 12080652COZART,
SANDRA
ROXBORO, NC 27573 Proration
Vehicle Totalled 02/13/20150024044106 AUTHORIZED 35582403BLACKWELL,
JANICE
ROXBORO, NC 27573 Proration
Refund Type
158
AGENDA ABSTRACT
Meeting Date: March 16, 2015
Agenda Title: Second Reading of Abandoned Structures Ordinance
Background:
At the March 2 BOCC meeting, the commissioners voted to adopt the Abandoned Structures
ordinance 4-1. Since the ordinance was not adopted unanimously, the board must vote on it
again. A simple majority is needed to adopt the ordinance.
Summary of Information: Abandoned Structures
Key Points
• Covers manufactured mobile homes and abandoned residential and commercial structures
• Ordinance shall not apply to structures further than 500’ from residential or public uses
(schools, playgrounds) on adjacent properties; and, not visible from transportation right-
of-way
• Exceptions for farm structures and historic properties
• Abandoned structure standards would be enforced by Building Inspections
• Mobile home grant program (optional) would be administered by the Planning
Department
• County can pay for removal costs; however, removal costs cannot be collected via the
property tax bill only through a lien on the property
• Appeals heard by Board of Commissioners
Cost
• $15,000-$20,000
• Operating: $15,000 - $20,000 – Some operating funds would be needed to pay for clean-
up of abandoned structures
Recommended Action: Adopt or reject the ordinance.
Submitted By: Sam Hobgood, Director of Inspections & Permits
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Proposed Nuisance Ordinance for Abandoned Structures
Authority
Person County hereby exercises its authority to enact Abandoned Structure regulations pursuant
to N.C.G.S 153A-12, 121,123 &140; 160A-443.
Jurisdiction
The jurisdiction of this Ordinance shall be described as any part of Person County not within the
corporate limits or the extra territorial jurisdiction of any municipality. However, this
ordinance shall not apply to any structure used or previously used for agricultural purposes.
Short Title
This ordinance shall be known as the Abandoned Structure Ordinance of Person County, North
Carolina, and may be cited as the Abandoned Structure Ordinance.
Purpose
The purpose of this ordinance is to promote the public safety, health, and welfare of the citizens
of Person County through the regulation of abandoned structures in the county. All abandoned
structures defined herein are hereby declared to be a public nuisance, the abatement of which
pursuant to the police power is hereby declared to be necessary for the health, welfare, and safety
of the residents of Person County. This ordinance is adopted pursuant to the authority contained
in N.C.G.S. 153A-12, 121,123 &140; 160A-443.
Definitions
“Abandoned Structure” a residential or commercial building shall be considered an abandoned
structure if it is unoccupied and damaged or in disrepair to the point of being condemnable as
defined by NCGS §153A-366 and is found to be a nuisance because it creates or fosters one (1) or
more of the following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests;
b. The collection of pools or ponds of water;
c. Concentrated quantities of gasoline, oil, or other flammable or explosive materials;
d. A source of danger for children because of the possibility of entrapment or injury from
exposed sharp surfaces of metal, glass, or other rigid materials;
e. A source of danger from the building structure, or parts thereof, falling or turning over;
f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of any
kind;
g. Accumulation of sewage or animal waste;
h. Concentrated quantities of hazardous materials;
i. The presence of dead animals; or,
j. Any building structure specifically declared a public health and safety hazard by the Board
of Commissioners.
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“Abandoned Manufactured Home” shall be considered an abandoned structure if it is in a
wrecked, scrapped, disassembled, unusable, cannibalized, burnt, inoperable or if available, is not
connected to an approved sewer system and not occupied and is found to be a nuisance because it
creates or fosters one (1) or more of the following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests;
b. The collection of pools or ponds of water;
c. Concentrated quantities of gasoline, oil, or other flammable or explosive materials;
d. A source of danger for children because of the possibility of entrapment or injury from
exposed sharp surfaces of metal, glass, or other rigid materials;
e. A source of danger from the home, or parts thereof, falling or turning over;
f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of any
kind;
g. Accumulation of sewage or animal waste;
h. Concentrated quantities of hazardous materials;
i. The presence of dead animals; or,
j. Any manufactured home specifically declared a public health and safety hazard by the
Board of Commissioners.
“Manufactured Home” is a structure, transportable in one or more sections, which in the traveling
mode whose body is 8 feet or more in width or 40 feet or more in length, or when erected on site,
is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air conditioning and electrical systems contained therein. Such
term shall include any structure that meets all the requirements of this paragraph except the size
requirements and with respect to which the manufacturer voluntarily files a certification required
by the Department of Housing and Urban Development (HUD) and complies with the
standards established under that Federal agency. For purposes of this ordinance, “manufactured
home” includes both factory-built single-family structures built to meet standards established
under The National Manufactured Housing Construction and Safety Standards Act of 1974 and
mobile homes built prior to the effective date of those standards (June 15, 1976). The Federal
Standards became effective on June 15, 1976, and all homes with a date of manufacture on or after
this date were required to have a HUD label indicating compliance with the standards.
“Historic Structure” or, “Historic Property” is as defined by the State Historic Preservation Office
and the National Register of Historic Places.
“Agricultural purpose” and “bona fide farm” as defined by NC GS §153A-340:
1. A farm sales tax exemption certificate issued by the Department of Revenue.
2. A copy of the property tax listing showing that the property is eligible for participation
in the present use value program pursuant to G.S. 105-277.3.
3. A copy of the farm owner's or operator's Schedule F from the owners or operators most
recent federal income tax return.
4. A forest management plan.
5. A Farm Identification Number issued by the United States Department of Agriculture
Farm Service Agency.
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Exceptions
• This ordinance shall not apply to any structure used or previously used for agricultural
purposes.
• This ordinance shall not apply to historic properties or structures.
• Ordinance shall not apply to structures further than 500’ from residential or public uses
(schools, playgrounds) on adjacent properties; and, not visible from transportation right-
of-way.
Process
1. Upon receipt of a complaint, the Building Inspections Department will conduct an
investigation to determine if the structure meets the definition of an “Abandoned Structure” as
defined by this ordinance. The Building Inspections Department will be responsible for
mailing notices, overseeing the removal of abandoned structures. The Building Inspections
Director shall keep an accurate record of all enforcement proceedings begun pursuant to the
provisions of this chapter.
2. In exercising these powers, each member of the inspection department has a right, upon
presentation of proper credentials, to enter on any premises within the territorial jurisdiction of
the department at any reasonable hour for the purposes of inspection or other enforcement
action. Nothing in this section shall be construed to prohibit periodic inspections in accordance
with State fire prevention code or as otherwise required by State law.
3. Upon determining that a violation of this ordinance exists, written notice shall be issued to:
a. The registered owner or person(s) entitled to possession of the abandoned or neglected
structure;
b. The registered owner, lessee, or person(s) entitled to the land on which the abandoned or
neglected structure is located;
c. Shall affix a notice of the dangerous character of the building to a conspicuous place on its
exterior wall. (§ 153A-366) (If a person removes a notice that has been affixed to a
building by a local inspector and that states the dangerous character of the building, he is
guilty of a Class 1 misdemeanor).
4. The notice shall be provided by registered or certified mail. The notice shall:
a. Identify the property and describe the abandoned structure located thereon to be removed,
abated, or remedied;
b. (1) Notify the owner that the building is in a condition that appears to constitute a fire
or safety hazard or to be dangerous to life, health, or other property;
(2) Notify the owner that a hearing will be held before the inspector at a designated
place and time, not later than 10 days after the date of the notice, at which time the owner
is entitled to be heard in person or by counsel and to present arguments and evidence
pertaining to the matter; and
(3) Notify the owner the following the hearing, the inspector may issue any order to
repair, close, vacate, or demolish the building that appears appropriate.
c. Inform an owner who has received an order under G.S. 153A-369 that they may appeal
from the order to the board of commissioners by giving written notice of appeal to the
inspector and to the clerk within 10 days following the day the order is issued. In the
absence of an appeal, the order of the inspector is final. The board of commissioners shall
hear any appeal within a reasonable time and may affirm, modify and affirm, or revoke the
order;
162
d. State that the costs incurred by the county to remove, abate, or remedy the abandoned structure, if not paid by the violator(s), shall be a lien upon the property.
3. If the name or whereabouts of the owner cannot after due diligence be discovered, the notice
shall be considered properly and adequately served if a copy thereof is posted on the outside
of the building in question at least 10 days before the day of the hearing and a notice of the
hearing is published at least once not later than one week before the hearing.
Penalties
If the owner of a building fails to comply with an order issued pursuant to G.S. 153A-369 from
which no appeal has been taken, or fails to comply with an order of the Board of Commissioners
following an appeal, the offender is guilty of a Class 1 misdemeanor.
Appeal
An owner who has received an order under G.S. 153A-369 may appeal from the order to the Board
of Commissioners by giving written notice of appeal to the inspector and to the clerk within 10
days following the day the order is issued. In the absence of an appeal, the order of the inspector
is final. The Board of Commissioners shall hear any appeal within a reasonable time and may
affirm, modify and affirm, or revoke the order.
Adopted, this, the 16th day of March 2015.
________________________________________ ____________________________
Kyle Puryear, Chairman Date
Person County Board of Commissioners
Attested by:
___________________________________________
Brenda B. Reaves, Clerk to the Person County Board of Commissioners
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AGENDA ABSTRACT
Meeting Date: March 16, 2015
Agenda Title: Preliminary Options on Senior Center Sites
Summary of Information:
At the Board’s March 2nd meeting, the Board directed the Manager to acquire preliminary plans for
the Board’s consideration on the potential senior center sites. Staff requested the services of
Brockwell Associates to provide some options for use of the sites. Options will include, a “clear span
building” on both former hotel and former senior center sites, as well as renovation of the former
senior center building. Brent Davis, from Brockwell, will be available to discuss the pros and cons
of each option, particularly in relation to building code issues. Brockwell Associates is the firm that
the County has been working with for the Kirby Rebirth project.
Recommended Action: Receive the information and direct staff on how the Board would like to
proceed.
Submitted By: Heidi York, County Manager; Ray Foushee, General Services Director
164
AGENDA ABSTRACT
Meeting Date: March 16, 2015
Agenda Title: County Employee Health Benefits Plan for FY15-16
Summary of Information: The County Manager has requested the renewal quotes for our
employee health benefits much earlier than in previous years in an effort to involve the Board in
determining the most fiscally responsible option that also addresses the needs of the county’s
workforce. The County currently enrolls 412 subscribers to the health benefits plan at a cost of
$2,508,833; paying a rate of $507.45 per employee per month. The County utilizes the services
of its brokers Thompson-Allen Insurance of Roxboro and Scott Benefit Services of Raleigh.
This year, the brokers are supporting the transition to a self-funded benefits plan and will provide
costs for both the current fully insured option with Coventry as well as a self-funded option
through Coventry. Brokers Phillip Allen and Bryan Bickley will present their health benefits
renewal analysis to the Board.
Recommended Action: Receive the information and direct staff on how the Board would
like to move forward.
Submitted By: Heidi York, County Manager and Angie Warren, Human Resources
Director
165
AGENDA ABSTRACT
Meeting Date: March 16, 2015
Agenda Title: Strategic Plan focusing on Community and Economic Development
Background: In 2010, the BOC adopted the Person Futures strategic plan. Thirty-three percent
of the goals laid out in the plan were completed or are in progress. Some of the goals that remain
are large capital projects, such as constructing a Recreational Facility, an Allied Health Training
Facility and a Workforce Development Center on PCC’s campus. Other goals that were not
completed are ongoing projects such as “Educate the public about the value of land stewardship,”
“Develop/expand programs that target At-Risk Youth,” and “Create more community cultural
opportunities that raise awareness about global diversity and how it may benefit Person County.”
Other items never gained traction such as “Host a Tomato Festival” and “Create a Beautify
Person County program” and remain incomplete.
In FY15, the strategic plan teams presented projects for funding consideration at the BOCC
budget retreat. None of these projects were funded in the FY15 budget. Since the projects were
not funded, the strategic plan committees stopped meeting. Only the Re-Imagine our County for
a Better Future team has expressed interest in continuing to meet.
At the budget retreat, the commissioners recommended that staff 1) review the structure of the
SPC III document 2) focus on community and economic development only and 3) create a CIP-
like strategic plan document.
Summary of Information:
The SPC III document has four areas of study – Branding/Marketing; Education, Training and
Business Development; Infrastructure; and Quality of Life. The SPC III document has specific
action items and provides target goals. The Person Futures plan has five objectives – Education,
Community, Economic Development, Environment, and Re-Imagine our Future. The Futures
plan includes a list of implementers, a cost estimate of “high, medium or low”, an estimated
timeline, and indicators.
Staff has created a short list of Community Development strategies, based on items found in the
Futures Plan and discussions with key stakeholders. The Economic Development strategies were
approved by the Economic Development Commission. These are attached.
166
Options
Option #1
Begin work on a new strategic plan focused on community and economic development. Provide staff
with feedback about the attached projects and potential committee members.
Option #2
Continue work on the Person Futures Plan. Meet with strategic plan groups and develop funding
request for FY16 budget. See attached for projects proposed at the FY15 budget retreat.
Option #3
Conduct a community-wide survey, instead of a strategic plan. Conduct a survey in-house or hire the
International City/County Manager’s Association (ICMA) to conduct a survey, which can be
compared to other communities of similar size ($7,000 - $14,000).
Option #4
Do nothing.
Recommended Action: Provide staff with feedback about how to move forward with strategic plan
options.
Submitted By: Assistant County Manager, Sybil Tate and Economic Development Director,
Stuart Gilbert
167
OPTION #1
Create a new strategic plan focused on community and economic development. Below is a list of potential projects. Committees would be asked to determine which projects to pursue and develop strategies for pursuing them. Community Development strategies
• Residential broadband initiative
• Festival
• Uptown o Branding/Marketing campaign o Wayfinding for Uptown o Creation of the Park/Outdoor Pavilion at Desert Sands o Development of a Co-Op property o Streetscape Improvements
• Education o Early College Program o Helena STEAM school o Allied Health Building
• Recreation Facility Economic Development strategies
• Submit 800 plus acre portion of Project Trace Site to NC Certified Sites Program
• Provide written response to recommendations of McCallum Sweeney Group, Duke Site Readiness Program presentation on Nov 13, 2015
• Identify and certify small acreage site of 20 plus acres
• Begin contract with CHM2Hill subcontractor to review capabilities of advancing manufacturing site in Person County. Obtain final report from consultant
• Get buy in from Finance Director and County Manager that county funds need to be set aside for economic development purposes in Person County, then establish specific goals of components of financial economic development plan
• Work on local government portion of white paper to be completed by the Center of Innovation Network (COIN) for Person County’s Project Trace Site
• Identify next business development land purchase utilizing new GIS system. Conduct due diligence and negotiation of potential land sale
• Present proposal for long term shell building loan program offered by NC Department of Commerce purchase to PCBIC
• Present up front incentive concept for 505 jobs, minimum $65 million dollar Project Denim investment within 30 days for Project Denim providing all information needed and requested by Person County EDC
• Negotiate with General Dynamics for bottom line sale of their facility in Person County for substantial economic development project (unknown until Prospect needs are concrete). No plans to work on this task on a speculative basis
• Get new EDC Website fully functional
• Review joint economic development initiative agreement between City, County and EDC and update as needed
• Staff visit top 20 private businesses annually and include in executive pulse for both existing industry and prospect reporting
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Strategic Plan Priorities FY15
Protect Our Land
Project Cost
Host a producer-consumer listening session $1,000
Small business /industry waste audits $2,400
Beautification program $16,137
TOTAL $19,537
Foster a Sense of Community
Project Cost
Afterschool program, administered through JCPC $12,000
P&R scholarships $10,000
Adding promotion of volunteer opportunities and other community events to
the P&R seasonal brochure
$1,500
TOTAL $23,500
Re-Imagine Our County
Project Cost
Branding and marketing campaign $20,000-$50,000
Provide performing and visual art field trip opportunities for Person County
students
$2,000-$5,000
TOTAL $22,000-$55,000
Lifelong Learning
Project Cost
Administer subsidy enhancement funds $18,000
Implement a public safety/broadband project $3-4 Million
Collaborative feasibility study for an Enhanced Early College $8,000
Contract with EMSI to conduct a local program/job analysis study $12,000
TOTAL $38,000+$4M
Economic Development
Project Cost
Uptown Development Projects (In form of Grant to RDG) $20,000
Long Term Fiber Optic Plan for Person County $3-4M
Website Upgrade and Marketing Material ON WEB $10,000
TOTAL $30,000 + $3-4M
Grand Total
Project Cost
Protect Our Land $19,537
Foster a Sense of Community $23,500
Re-Imagine $55,000
Lifelong Learning $38,000
Economic Development $30,000
Grand TOTAL $166,037
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AGENDA ABSTRACT
Meeting Date: March 16, 2015
Agenda Title: Cooperative Extension Service Update
Summary of Information: Recently, Cooperative Extension conducted a strategic planning
initiative to help the organization cope with continued budget cuts and realign services. The result is
a reduction in one admin support position for Person County beginning in FY16. In order to achieve
the State’s cuts for FY17, the current proposal is to share all staff but 4-H with Granville County.
Recommended Action: None
Submitted By: Paul Westfall, Interim County Extension Director
170
Person County Cooperative
Extension Service Update
March 16, 2015
171
Restructuring
• Worked for the last 2 years on “right-
sizing” the organization across the state
– Driven by loss of federal and state funding.
– County commitment has remained strong
• Restructuring plan announced last
August
172
Restructuring
• Input from Stakeholders, including the
NC Association of County
Commissioners, emphasized the
importance of keeping a Cooperative
Extension Center in each county.
173
Impacts
• Where do we fit?
– Close to the 50:50
match
– Current Staffing:
• Interim CED
• .5 Horticulture Agent
• .5 Crops Agent
• 4-H Agent
• Livestock Agent
• FCS Agent
• Administrative
Assistant
• Administrative
Support Specialist
• Will not affect grant-funded positions (
174
Impacts
• Already share two agents with Granville
County
• FCS Agent will work in two counties
• Currently have Interim CED
• Working to develop a two-county team.
175
Programming
• Working to develop survey
– Include input from people not currently using Extension resources
– Determine programming direction
• Advisory Leadership
• Specialized Committees
176
Significant Results
• Voluntary Agriculture District
– Continues to be active program with new applications coming in
• Farmland Protection Planning
• Farm Tour
• Livestock Marketing
177
Results
• Good Agricultural Practices
– Must have GAP certification to get a contract
• Respirator Fit-Test
• Piedmont Regional Beef Conference
– Attendees reported increased income by $45,850
178
Results
• Master Gardeners Trained
– New to Person County
• Alternative Crops Trials
– Asparagus, Rhubarb, Strawberries, other specialty crops
• Specialty Crops School
179
Results
• Snap-Ed
– Weight Loss Challenge
– Chronic Disease Management
• Parenting (Very Important Parents &
Parents as Teachers)
• ServSafe Training
180
Results
• Teen Court
– Handled 74 cases in the last two years
• 4-H – Camps, Workshops, STEM,
Embryology, Clubs, School Programs,
Junk Drawer Robotics
181
Results
• 4-H Participants believe 4-H has helped
them:
– Communicate more effectively
– Become better at solving problems
– Become more of a team player in groups
– Become more involved in their communities.
182
Summary
• Economic impact from Agriculture/Food:
– Cash receipts to farms over $41 million
– Value Added impact over $90 million
• Economic Impact from Forestry:
– Cash receipts delivered to mills over $8 million
– Value Added impact over $27 million
183
Summary
• Cooperative Extension Service is
restructuring – keeping county presence
• Emphasis on local issues in Agriculture,
Foods, and 4-H
184
Thank You!
185
AGENDA ABSTRACT
Meeting Date: March 16, 2015
Agenda Title: Public Sale of “Library House”
Summary of Information: Quite a few years ago, this house located at 2461 Burlington Road was
donated to the Person County Library in a “trust” under the will of Mattie Maude Williams. For a
time, the head librarian used to live in the house. Later, when that was not practical, the County
began to lease the property (through a rental agency) and continued that up through September 2014.
Under the guidance of the County Attorney, we decided it best to remove the property from the rental
market, sell the house/property, and put the proceeds back into the library trust fund. However,
removing the property from the “trust” was not easy and resulted in a lengthy court proceeding. In
December 2014, the Superior Court judge ruled that the property could be sold at Public Auction and
proceeds go to the library fund.
Thus, upon our instruction, Attorney Alan Hicks will orchestrate the sale of this property. In order to
prevent the sale going significantly below market value, we are requesting the Board of
Commissioners to approve the County entering an upset bid of up to $100,000. On 3/5/2015, Wayne
Ross completed and released to the County an appraisal that stated the value of this house/property at
$100,000.
If approved and the County has to use the upset bid process, the County would then be able to
advertise and sell the property by any approved means, including the use of a real estate agent.
Recommended Action: Give approval to upset the public bid up to $100,000
Submitted By: Ray Foushee, General Services Director
186
