11-16-2020 Meeting Minutes BOC
November 16, 2020
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PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 16, 2020
MEMBERS PRESENT OTHERS PRESENT
B. Ray Jeffers Heidi York, County Manager
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear C. Ronald Aycock, County Attorney
Gordon Powell
C. Derrick Sims
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, November 16, 2020 at 9:00am in the Person County Office
Building Auditorium.
Chairman Jeffers called the meeting to order. Commissioner Clayton offered an
invocation and Commissioner Sims led the group in the Pledge of Allegiance.
County Attorney, Ron Aycock attended the meeting remotely.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
agenda.
PUBLIC HEARING:
TEXT AMENDMENT (TA-04-20) REQUEST BY THE PERSON COUNTY
PLANNING DEPARTMENT AND THE PERSON COUNTY ECONOMIC
DEVELOPMENT DEPARTMENT TO REVISE THE REGULATIONS
GOVERNING INDUSTRIAL DEVELOPMENT IN THE PERSON COUNTY
PLANNING ORDINANCE ARTICLE VII, APPENDIX B, AND APPENDIX C TO
PROVIDE MORE CLEAR AND COHESIVE INDUSTRIAL REGULATIONS:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for a Text Amendment (TA-04-20) request by the Person County
Planning Department and the Person County Economic Development Department to revise
the regulations governing industrial development in the Person County Planning Ordinance
Article VII, Appendix B, and Appendix C to provide more clear and cohesive industrial
regulations.
Planning Director, Lori Oakley stated all state statutes and planning ordinance
requirements have been met for this public hearing. She submitted her staff report into the
record as follows:
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Ms. Oakley shared the following presentation with the Board:
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Chairman Jeffers asked Ms. Oakley about the category of Animal Processing,
Packing, Treatment and Storage Livestock Slaughtering, Processing of Food and Related
Products being included under the Heavy Industrial to which she noted this type of facility
would usually have an odor associated that would affect the surrounding neighbors; Ms.
Oakley said a public hearing requirement for this category was appropriate to hear public
comments and for consideration of a great buffer requirement. Vice Chairman Powell
confirmed this section of the ordinance did not have any proposed text amendments.
Chairman Jeffers asked what were the buffer requirements for light industrial and heavy
industrial to which Ms. Oakley stated 50 ft. and 150 ft. respectively. Commissioner
Clayton asked Ms. Oakley to explain any effects on this section for small farmers to which
Ms. Oakley noted animal processing in this context was a factory soley for slaughtering;
she added that farmers that have a small area of the farm dedicated to slaughter (considered
as an accessory use to the farm) is a bona fide farm use and would be exempt under NC
General Statutes from the local ordinance.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Text Amendment (TA-04-20) request by the Person County Planning
Department and the Person County Economic Development Department to revise the
regulations governing industrial development in the Person County Planning Ordinance
Article VII, Appendix B, and Appendix C to provide more clear and cohesive industrial
regulations.
A motion was made by Vice Chairman Powell and carried 5-0 to close the public
hearing for a Text Amendment (TA-04-20) request by the Person County Planning
Department and the Person County Economic Development Department to revise the
regulations governing industrial development in the Person County Planning Ordinance
Article VII, Appendix B, and Appendix C to provide more clear and cohesive industrial
regulations.
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CONSIDERATION TO GRANT OR DENY A TEXT AMENDMENT (TA-04-20)
REQUEST BY THE PERSON COUNTY PLANNING DEPARTMENT AND THE
PERSON COUNTY ECONOMIC DEVELOPMENT DEPARTMENT TO REVISE
THE REGULATIONS GOVERNING INDUSTRIAL DEVELOPMENT IN THE
PERSON COUNTY PLANNING ORDINANCE ARTICLE VII, APPENDIX B, AND
APPENDIX C TO PROVIDE MORE CLEAR AND COHESIVE INDUSTRIAL
REGULATIONS:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the Text
Amendment (TA-04-20) request by the Person County Planning Department and the
Person County Economic Development Department to revise the regulations governing
industrial development in the Person County Planning Ordinance Article VII, Appendix B,
and Appendix C to provide more clear and cohesive industrial regulations noting the text
amendment request is consistent with the Person County Land Use Plan and future
planning goals of the county, is reasonable, and in the public interest as it meets several
objectives listed in the Person County Land Use Plan. Specifically, Goal 2.0 to provide a
strong local planning environment that supports and enhances the economic growth
potential of Person County citizens.
PUBLIC HEARING:
TEXT AMENDMENT (TA-05-20) REQUEST BY THE PERSON COUNTY
PLANNING DEPARTMENT ON BEHALF OF THE PERSON COUNTY BOARD
OF COMMISSIONERS TO AMEND ARTICLE VI SECTION 60 GENERAL
REGULATIONS AND APPENDIX B DEFINITIONS OF THE PERSON COUNTY
PLANNING ORDINANCE IN ORDER TO AMEND THE REQUIREMENTS FOR
ACCESSORY BUILDINGS:
A motion was made by Commissioner Sims and carried 5-0 to open the duly
advertised public hearing for a Text Amendment (TA-05-20) request by the Person County
Planning Department on behalf of the Person County Board of Commissioners to amend
Article VI Section 60 General Regulations and Appendix B Definitions of the Person
County Planning Ordinance in order to amend the requirements for accessory buildings.
Planning Director, Lori Oakley stated all state statutes and planning ordinance
requirements have been met for this public hearing. She submitted her staff report into the
record as follows:
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Ms. Oakley shared the following presentation with the Board:
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Ms. Oakley stated that since the Planning Board meeting occurred, staff was
approached by Mr. Jerry Groce about erecting an accessory building on a vacant parcel
that he owned although that vacant parcel was not immediately adjacent to his parcel with
the dwelling, and was more like a quarter-mile away. Staff informed Mr. Groce that a text
amendment was going through the process to amend the requirements for accessory
buildings. Ms. Oakley said staff then discussed amending the language to state that
accessory buildings could be located on parcels adjacent to the parcel where the principal
structure was located or on a parcel within 1,000 ft. as measured from property line to
property line. Ms. Oakley noted Mr. Groce submitted a request to the Board to amend the
proposed text amendment to include language to state that accessory buildings could be
located on parcels adjacent to the parcel where the principal structure was located or on a
parcel within 1,000 ft. as measured from property line to property line. Ms. Oakley
provided the Board with proposed language to consider for Article 6, Section 60-6B as
follows:
Accessory buildings shall also be allowed on lots adjacent to and under common
ownership to the parcel where the principle structure is located or within 1,000 feet
of the aforementioned parcel (as measured from property line to property line) to
the extent that the principal use itself would be allowed.
There were no individuals appearing before the Board to speak in favor of the Text
Amendment (TA-05-20) request by the Person County Planning Department on behalf of
the Person County Board of Commissioners to amend Article VI Section 60 General
Regulations and Appendix B Definitions of the Person County Planning Ordinance in order
to amend the requirements for accessory buildings.
Speaking in opposition to Text Amendment (TA-05-20) request by the Person
County Planning Department on behalf of the Person County Board of Commissioners to
amend Article VI Section 60 General Regulations and Appendix B Definitions of the
Person County Planning Ordinance in order to amend the requirements for accessory
building was the following:
Mr. Brent Groce of 103 Miranda Lane, Roxboro stated he signed up to request the
Board consider an expanded definition by which the revision as presented by staff would
fill the request. Mr. Groce said his father’s property (Mr. Jerry Groce) was located at 116
Lex Lane, Roxboro and his other parcel for which he desired an accessory structure was
located at 701 Stories Creek Road, Roxboro, approximately 860 ft. from property line to
property line. Mr. Groce said his father’s improvement by adding a structure shows an
interest in the economic vitality and feasibility of his neighborhood.
Commissioner Clayton confirmed with Mr. Groce that the revised language was
agreeable to which he replied affirmatively.
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A motion was made by Vice Chairman Powell and carried 5-0 to close the public
hearing for Text Amendment (TA-05-20) request by the Person County Planning
Department on behalf of the Person County Board of Commissioners to amend Article VI
Section 60 General Regulations and Appendix B Definitions of the Person County
Planning Ordinance in order to amend the requirements for accessory buildings.
CONSIDERATION TO GRANT OR DENY A TEXT AMENDMENT (TA-05-20)
REQUEST BY THE PERSON COUNTY PLANNING DEPARTMENT ON
BEHALF OF THE PERSON COUNTY BOARD OF COMMISSIONERS TO
AMEND ARTICLE VI SECTION 60 GENERAL REGULATIONS AND APPENDIX
B DEFINITIONS OF THE PERSON COUNTY PLANNING ORDINANCE IN
ORDER TO AMEND THE REQUIREMENTS FOR ACCESSORY BUILDINGS:
Chairman Jeffers said this amendment made good common sense noting he and
other commissioners have had citizens contact them with similar issues noting the way to
resolve was to pay a surveyor to combine parcels to comply with the ordinance
requirements. He added this amendment would allow citizens to use their property as they
see fit while keeping responsible growth and planning.
A motion was made by Chairman Jeffers and carried 5-0 to approve the Text
Amendment (TA-05-20) request by the Person County Planning Department on behalf of
the Person County Board of Commissioners to amend Article VI Section 60 General
Regulations and Appendix B Definitions of the Person County Planning Ordinance in order
to amend the requirements for accessory buildings including the new language for
accessory buildings to be allowed on lots adjacent to and under common ownership to the
parcel where the principle structure is located or within 1,000 feet of the aforementioned
parcel (as measured from property line to property line) to the extent that the principal use
itself would be allowed as well as noted the text amendment request is consistent with the
Person County Land Use Plan and future planning goals of the county, is reasonable, and
in the public interest as it meets several objectives listed in the Person County Land Use
Plan. Specifically, Goal 2.0 to provide a strong local planning environment that supports
and enhances the economic growth potential of Person County citizens.
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PUBLIC HEARING:
REQUEST TO SUBMIT THE PROPOSED FISCAL YEAR 2022 COMMUNITY
TRANSPORTATION PROGRAM APPLICATION TO NC DEPARTMENT OF
TRANSPORTATION:
A motion was made by Commissioner Sims and carried 5-0 to open the duly
advertised public hearing for request to submit the proposed Fiscal Year 2022 Community
Transportation Program Application to NC Department of Transportation (DOT).
Transportation Director, Kurt Neufang stated all the required notices for the public
hearing has been met and complied with NC DOT standards. Mr. Neufang presented the
information for the proposed Fiscal Year 2022 Community Transportation Program
Application for administrative and capital transportation 5311 grant requests that is due to
be submitted to the NC DOT no later than December 1, 2020. He added he was looking to
secure a federal grant to help pay the expenses for administrative (four full-time staff
positions) and capital (replacement of four vehicles) costs associated with this grant. The
Community Transportation Program provides assistance to coordinate existing
transportation programs operating in Person County as well as provides transportation
options and services for the communities within this service area. These services are
currently provided using demand response, subscription and trip referrals.
Services are rendered by utilizing ADA equipped vans and Light Transit Vehicles
(LTV’s). The total estimated amount requested for the period July 1, 2021 through June
30, 2022 are as follows:
Project Total Amount Local Share
Administrative $ 190,237 $ 28,535 (15%)
Capital (vehicles & Other) $ 264,863 $ 26,486 (10%)
Total Project $ 455,100 $ 55,021
Total Funding Request Total Local Share
Mr. Neufang noted the current local share responsibility for Person County is 15%
of the administrative costs and 10% of the capital investment for vehicles. He added that
NC DOT has informed all the counties and transit agencies across the state that because of
the budget shortfall with the state, they are requesting the local entities to look at the
possibility, if needed, to pay the state’s share. Mr. Neufang said that the local share would
then increase to 20% for both the administrative and capital.
Mr. Neufang requested the Board to support a resolution for submittal to the Federal
Transit Administration 5311 for administrative and capital requests for Fiscal Year 2022.
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There were no individuals appearing before the Board to speak in favor of or in
opposition to the request to submit the proposed Fiscal Year 2022 Community
Transportation Program Application to NC DOT.
A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for the request to submit the proposed Fiscal Year 2022 Community Transportation
Program Application to NC Department of Transportation.
CONSIDERATION TO GRANT OR DENY REQUEST TO SUBMIT THE
PROPOSED FISCAL YEAR 2022 COMMUNITY TRANSPORTATION
PROGRAM APPLICATION TO NC DEPARTMENT OF TRANSPORTATION:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
request to submit the proposed Fiscal Year 2022 Community Transportation Program
Application to NC Department of Transportation, as presented.
PUBLIC HEARING:
A REQUEST BY THE ADDRESS COORDINATOR TO ADD PROVIDENCE
FALLS TRL TO THE DATABASE OF ROADWAY NAMES USED FOR E-911
DISPATCHING:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a request by the Address Coordinator to add Providence Falls
Trl to the database of roadway names used for E-911 dispatching.
GIS Manager, Sallie Vaughn stated three residences are planned to be added along
a private driveway, which necessitates the naming of the driveway; she noted that one
private residence (926 Robert Whitfield Rd) is currently located on a private driveway off
Robert Whitfield Rd. A second and third private residence are being added to this
driveway. In accordance with Article IV, Section 402 H of the “Ordinance Regulating
Addresses and Road Naming in Person County,” the driveway must be named. The
addition of this road will require occupants of the existing residence to change their
addresses to reflect the new roadway name.
Ms. Vaughn said North Carolina General Statute 153A-239.1(A) required a public
hearing to be held on the matter and public notice be provided at least 10 days prior in the
newspaper. The required public notice was published in the November 5, 2020 edition of
the Roxboro Courier-Times. A sign advertising the public hearing was placed at the
proposed roadway location on the same date. In addition, adjacent property owners were
contacted via certified mail at the time permits were obtained for the new residence.
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Ms. Vaughan confirmed all involved parties agreed upon a single road name,
Providence Falls Trl, which is compliant with all naming regulations in the Ordinance. She
requested the Board to approve the new roadway name, Providence Falls Trl to be added
to the database for E-911 dispatching.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the request by the Address Coordinator to add Providence Falls Trl to the
database of roadway names used for E-911 dispatching.
A motion was made by Vice Chairman Powell and carried 5-0 to close the public
hearing for a request by the Address Coordinator to add Providence Falls Trl to the database
of roadway names used for E-911 dispatching.
CONSIDERATION TO GRANT OR DENY REQUEST BY THE ADDRESS
COORDINATOR TO ADD PROVIDENCE FALLS TRL TO THE DATABASE OF
ROADWAY NAMES USED FOR E-911 DISPATCHING:
A motion was made by Commissioner Clayton and carried 5-0 to approve a
request by the Address Coordinator to add Providence Falls Trl to the database of roadway
names used for E-911 dispatching.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. John Seepe of 277 Barefoot Landing Lane, Semora thanked Chairman Jeffers
and Commissioner Clayton for their service and contributions.
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DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of October 5, 2020,
B. Budget Amendment #5 and Budget Amendment #6 Carryforward of Purchase
Orders,
C. False Alarm Ordinance revision,
D. Tax Adjustments for November 2020,
a. Tax Releases,
b. NC Vehicle Tax System pending refunds, and
E. Consideration of Approval of Late Exemption Applications
NEW BUSINESS:
REQUEST FOR WATER LINE EXTENSION FROM RESIDENTS OF WINCO
POINT SUBDIVISION:
County Manager, Heidi York reminded the Board of the request for a water line
extension from residents at the Board’s September 8, 2020 meeting; residents of the Winco
Point Subdivision requested County assistance with their low flow private wells. This
subdivision includes Dee Long Road and Victoria Lane specifically. Currently four
households have submitted written requests to the City Manager for city water to be
extended to their properties. Ms. York noted the requests have been made in accordance
with the existing City and County Joint Water and Sewer Agreement between the City of
Roxboro and Person County. The Agreement requires that both the City and the County
approve and authorize all water line extensions. The Agreement further provides that all
extensions shall be funded by the County from the Water and Sewer Construction Fund
with the City approving engineering contracts and plans and the County obtaining any
rights of way and permits. To provide city water to these residences, a 6” line would need
to be installed from the existing water line on NC 49, a distance of 560’ along Dee Long
Road to Victoria Lane (Banks property) and then 255’ along Victoria Lane to 68 Victoria
Lane (Salisbury property). To reach 180 Victoria Lane (Walker property) and 96 Victoria
Lane (Taylor property), another 590’ of water line is needed for a total of 1,405’ of water
main. As the existing water line is on the east side of NC 49, a casing pipe would need to
bored and jacked under NC 49. This layout will be able to provide water to the first eight
houses on Victoria Lane. The estimated cost provided by the City of Roxboro is $220,625.
To serve any additional houses within the Winco Point subdivision, the water line would
have to be extended an additional 815’ down Victoria Lane for an additional $121,875.
The total estimated cost to serve the entire subdivision which would provide city water to
the all thirteen existing houses and four vacant lots is $342,500.
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Ms. York said the Roxboro City Council approved this water line extension request
at its October 13, 2020 Council meeting.
Ms. York noted the Water and Sewer Fund has approximately $1.2M funds. While
the county has the responsibility to pay upfront the costs associated with the water line
extension, the county will receive 50% of the excess rate as well as 15% of a 115% tapping
fee paid by the user.
Chairman Jeffers asked the Tax Administrator, Russell Jones, present in the
audience, to address if any value was added to the homes for access to city water. Mr.
Jones stated there would not be an increase in value for access to city water however a
decrease in value if there was no water.
Commissioner Clayton asked the group to understand what they were considering
and if the Board was setting a precedent to other subdivisions in close proximity to the city
water line. Commissioner Clayton questioned if the residents making the request should
have to participate in the investment of the water line. Ms. York said the Agreement with
the City, as is, does not require any funds from the residents. Ms. York stated with Board
direction, staff could pursue amendments to the Agreement with the City of Roxboro,
which was approved in the 90’s. She added that staff are hearing from other residents in
other parts of the county interested in water line extensions.
Commissioner Sims asked consideration to table action on this item to allow an
opportunity to first amend the Agreement between the City and County.
County Attorney, Ron Aycock stated the Board has the authority, if desired, to do
what Commissioner Sims has suggested.
A motion was made by Commissioner Sims and carried 4-1 to table action on this
item to allow an opportunity to amend the Agreement between the City and County.
Chairman Jeffers cast the dissenting vote; he stated opposition to putting a roadblock in the
progress after the Board asked the residents to go before the City Council for approval.
TRIANGLE TRAILS INITIATIVE:
Sig Hutchinson, Wake County Commissioner and Chair of the Triangle Trails
Initiative Advisory Board and Charles A. Flink, President of Greenways Incorporated, and
a consultant to the Triangle Trails Initiative shared the following presentation with the
Person County Commissioners regarding the establishment of a 14-county regional
greenway and trail organization. Wake County Commissioner Hutchinson noted there was
no cost associated with the request however, financial and technical resources are available.
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Mr. Flink referred to the trail as the Timberlake Trail or the Roxboro Rail Trail
located on the Northern/Southern railway corridor in Person County.
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Wake County Commissioner Hutchinson and Mr. Flink concluded by asking the
Board of Commissioners to endorse a Resolution Supporting the Formation of the Triangle
Trails Initiative noting it would be rescindable at any time.
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A motion was made by Commissioner Clayton and carried 5-0 to adopt a
Resolution Supporting the Formation of the Triangle Trails Initiative.
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LOUISIANA PACIFIC-APPEAL OF LATE LISTING PENALTY:
Tax Administrator, Russell Jones stated Louisiana Pacific has been assessed a 10%
late listing penalty for failure to meet the deadline for listing their 2020 property taxes. The
penalty is $24,581.39, which is a combination of county late listing penalty ($23,677.06)
and fire late listing penalty ($904.33).
Mr. Jones presented the facts of the case as follows:
1. The deadline for listing property taxes was January 31, 2020 as required by NC
General Statute 105-307.
2. The tax office mailed a listing form to Louisiana Pacific on or around December
23, 2019.
3. Louisiana Pacific requested an extension of the filing deadline on January 2, 2020.
This request was honored and the tax office granted an extension until April 15,
2020, based on NC General Statute 105-307(c). No extension may be granted
beyond April 15th.
4. On April 29, 2020, the tax office received the 2020 business listing by email,
however this was after the extended deadline of April 15, and beyond any allowable
extension time-frame.
5. The tax office properly applied NC General Statute 105-312(h) in computing the
required penalty for the late listing. The taxpayer has raised no issue with the
application of the penalty, but specifically requests an exception be applied to their
case due to COVID-19, which created strains on employees.
6. A timely appeal has been filed by Louisiana Pacific. The late listing penalty cannot
be waived by the county assessor. The power to compromise late listing penalties
is under the authority of the Board of County Commissioners, as per NC General
Statute 105-312(k). No other timely appeals of the late listing penalties were
received.
Mr. Jones requested the Board to consider upholding the late listing penalty for
$24,581.39.
A motion was made by Commissioner Puryear and carried 5-0 to uphold the late
listing penalty to Louisiana Pacific for $24,581.39.
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EIGHTH AMENDMENT TO THE AGREEMENT FOR CONTINUED
DEVELOPMENT, USE AND OPERATION OF UPPER PIEDMONT REGIONAL
LANDFILL:
County Manager, Heidi York presented an Eighth Amendment to the Agreement
with Republic Services of North Carolina, LLC for operation and use of the Upper
Piedmont Regional Landfill that established the logistics and timeframes for the agreed
upon deal points as last stated in the Fourth Amendment. Ms. York stated the state permit
for the operation of the Landfill was finalized on November 3, 2020 and was no longer
appealable; the Agreement has an effective date of November 3, 2020 and will operate on
a calendar year basis.
1. Section 7.4(e)(ii) Annual waste acceptance volume: Effective on a calendar year
basis (January 1, 2020 to December 31, 2020) and renewing every calendar year
thereafter during the Term of the Agreement, the average maximum annual disposal
rate = 780,000 tons.
2. Section 7.4(h) Site Appearance: Starting November 3, 2020 through December 31,
2021, Republic will spend $24,000 on litter management. Starting January 1, 2022
through December 31, 2022, and renewing every calendar year thereafter during
the Term of the Agreement, Republic will spend $24,000 per year on litter
management.
3. Section 9.0 Host Fees: Starting November 3, 2020, Republic will pay the County
a fixed fee of $2.75 per Ton of Waste, excluding bagged waste that Person County
residents drop off at the Landfill convenience center at no charge.
4. Section 9.1 Annual Community Development Payments: On November 3, 2020,
Republic will make its first $100,000 payment to the County. Republic will make
its next $100,000 payment to the County in January of 2022. In January of every
calendar year thereafter during the Term of the Agreement, Republic will pay
Person County $100,000 for County community development projects in
collaboration with Republic.
5. Section 9.2 Wireless Monopoles: Starting November 3, 2020, Republic will work
with Person County to provide the County with an easement for the installation of
three wireless monopoles. It is Republic’s expectation that a Republic
representative will walk the landfill property with a County representative to
determine appropriate locations for the three monopoles. Republic then will
prepare an easement document (or documents) that includes the three locations of
the monopoles. When the County and Republic agree on and execute the easement,
Republic will make its one-time payment of $30,000 to Person County to assist
with the wireless monopole project. Schedule D was included with the Fourth
Amendment.
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6. Section 9.3 Residential Drop-Off Waste Allowance: Starting November 3, 2020
through December 31, 2020, Republic will allow Person County residents to drop
off bagged waste at the Landfill convenience center at no charge to the residents up
to a total amount of $5,000 (approximately 2,000 tons). Starting January 1, 2021
through December 31, 2021, and renewing every calendar year thereafter during
the Term of the Agreement, Republic will allow Person County residents to drop
off bagged waste at the Landfill convenience center at no charge to the residents up
to a total amount of $5,000 per year. This only includes bagged waste. This does
not include bulky waste that residents dispose of at the working face of the
Landfill. After the $5,000 cap is reached, residents will be charged for bagged
waste. Republic is preparing a marketing strategy to announce this benefit,
possibly to include newspaper, radio and Internet announcements. Republic will
work with the County on this strategy.
7. Section 10.2 Fee Adjustment: Starting July 1, 2021, and on the first of July of each
year thereafter for the Term of the Agreement, the Tipping Fees specified in Section
8 of the Host Agreement will be adjusted to increase or decrease in accordance with
the CPI as specified on Amended Schedule C of the Host Agreement. Note that the
CPI adjustment is not based on the calendar year. Section 10.2 does not affect the
County. It only impacts the amount that Republic charges for the Tipping
Fees. The July 1 date tracks the language in Amended Schedule C.
8. Section 12.1 Term: The term of the agreement shall continue through July 1, 2032
or until such earlier time as the landfill is completely filled.
Ms. York said Republic representatives, Mr. Matt Einsmann and Mr. Wade Bailey
were present in the audience. She asked the Board to adopt the Eighth Amendment to the
Agreement for Continued Development, Use, and Operation of the Upper Piedmont
Landfill
Chairman Jeffers stated he did not recall in any correspondence that the residential
drop-off waste had to be bagged waste only. Ms. York stated agreement with Chairman
Jeffers and offered that they push back on this adjustment in the Eighth Amendment. Ms.
York read the language in the Fourth Amendment and it did not provide that the residential
drop-off waste allowance be bagged waste only.
Ms. York told the Board they could either not adopt the Eighth Amendment before
them or adopt with a provision that section amended to read as it did in the Fourth
Amendment.
A motion was made by Chairman Jeffers and carried 5-0 to approve the Eighth
Amendment contingent that the language in Section 9.3 Residential Drop-Off Waste
Allowance revert to read as it did in the Fourth Amendment.
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SCHEDULE OF VALUES CALL FOR PUBLIC HEARING:
Tax Administrator, Russell Jones requested Board action to call for a public hearing
for the 2021 Reappraisal and Schedule of Values. Mr. Jones said the earliest date to
conduct the public hearing is at the Board’s December 7, 2020 regular scheduled meeting.
Mr. Jones said the Schedule of Values must statutorily be adopted by December 31, 2020.
A motion was made by Commissioner Puryear and carried 5-0 to set the public
hearing for December 7, 2020.
UPDATE ON FALLS WATERSHED REGULATIONS – DRAFT INTERIM
ALTERNATIVE IMPLEMENTATION APPROACH:
Planning Director, Lori Oakley & Commissioner Clayton provided the group an
update on the Falls Watershed regulations and introduced a draft Interim Alternative
Implementation Approach (IAIA).
Ms. Oakley provided background noting that in the summer of 2012, Person County
adopted the Falls Watershed Stormwater Ordinance for New Development in the southern
portion of Person County in order to comply with state watershed regulations. The
regulations require adherence to two stages of nutrient reductions – Stage 1 and Stage 2.
Since 2018, the Upper Neuse River Basin Association (UNRBA) has been exploring an
alternative option for achieving compliance with Stage I Existing Development nutrient
load reductions required by the Falls rules for watershed requirements.
The IAIA is a voluntary program drafted by the UNRBA to provide greater
flexibility in meeting reduction requirements which in turn reduces the cost share required
by UNRBA members. The IAIA does not utilize the traditional individual nutrient load
(pounds of nitrogen and phosphorus) reduction based tracking system, but rather proposes
an investment based compliance system focused on the entire watershed as an avenue to
meet the required standards. In other words, rather than counting pounds reduced in
individual jurisdictions the IAIA counts dollars invested into the overall health of the
watershed. These investments can be done individually or through partnerships with
external jurisdictions. Staff has started to reach out to other local departments to determine
if there are local programs that qualify for this program.
Ms. Oakley stated under the existing Stage 1 requirements, it is estimated that the
county will be required to pay between $3,800,00 to $8,100,00. Under the IAIA, the
estimated costs annually are $114,000 for a 5-year period.
Ms. Oakley noted the UNRBA is requiring its members to vote on the IAIA at its’
November 18, 2020 meeting and to indicate if they have local governing body support.
The anticipated start date for qualifying projects or investments for the IAIA is July 1,
2021. The reason for securing intention for participation is to allow jurisdictions to
effectively plan and budget for project/action investments during Fiscal Year 2021-2022.
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Ms. Oakley shared the following presentation:
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Ms. Oakley requested the Board to consider its intent to support or not support the
County’s participation in the IAIA program; she added the County could withdraw from
the IAIA program at any time.
Commissioner Clayton stated if the County participated in the IAIA program, it
would be much less costly than doing it alone. Commissioner Clayton opined the original
model set out by the state was over regulated and the modifications made to the rules have
made it better. He noted the UNRBA website was very informative and encouraged
everyone to take a look at it.
Commissioner Puryear confirmed that the comparable costs were $3M to $8M to
paying $114,000 annually for the next five years. He told Commissioner Clayton he
appreciated him going to the storm water meetings.
Ms. Oakley said Commissioner Clayton presently served on the UNRBA Board of
Directors and she is his alternate. She said she looked forward to working with the elected
official taking Commissioner Clayton’s place.
A motion was made by Commissioner Clayton and carried 5-0 for Person County
to participate in the IAIA program starting in the new fiscal year.
APPOINTMENTS TO VOLUNTARY AGRICULTURAL DISTRICT BOARD &
THE BOARD OF HEALTH:
Clerk to the Board, Brenda Reaves presented the following interested citizens’
applications for appointment by the Board
A) The Voluntary Agricultural District Board recommended the three–year
reappointment of the following:
Coleman Whitfield as the Farm Bureau representative, and
Norman Boyette as the Grange representative
B) An application of interest has been received for the Board of Health engineer
representative vacant position from Mr. Mike Lagaly for a three-year term.
A motion was made by Commissioner Puryear and carried 5-0 to reappoint Coleman
Whitfield (Farm Bureau representative) and Norman Boyette (Grange representative) to
the Voluntary Agricultural District Board for a three-year term and to appoint Mr. Mike
Lagaly to the Board of Health as the engineer representative for a three-year term.
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CHAIRMAN’S REPORT:
Chairman Jeffers had no report.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
There were no reports or comments from Vice Chairman Powell or Commissioners
Clayton, Puryear and Sims.
ADJOURNMENT:
A motion was made by Vice Chairman Powell and carried 5-0 to adjourn the
meeting at 10:29am.
_____________________________ ______________________________
Brenda B. Reaves B. Ray Jeffers
Clerk to the Board Chairman