06-03-2019 Meeting Minutes BOC
June 3, 2019
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PERSON COUNTY BOARD OF COMMISSIONERS JUNE 3, 2019
MEMBERS PRESENT OTHERS PRESENT
David B. Newell, Sr. Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, June 3, 2019 at 7:00pm in the Person County Office Building
Auditorium.
Chairman Newell called the meeting to order. He asked for a moment of silence as
a memoriam of the death of Roxboro City Councilman Byrd Blackwell.
Commissioner Powell offered an invocation and Vice Chairman Jeffers led the
group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
agenda.
RECOGNITION:
RESOLUTION OF APPRECIATION FOR COUNTY RETIREE, RONALD
SHAW:
Chairman Newell read and presented a Resolution of Appreciation to Person
County Retiree, Ronald Shaw.
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PUBLIC HEARING FISCAL YEAR 2019-2020 RECOMMENDED BUDGET:
A motion was made by Vice Chairman Jeffers and carried 5-0 to open the duly
advertised public hearing for public comments related to the Fiscal Year 2019-2020
Recommended Budget.
Speaking in opposition to the Fiscal Year 2019-2020 Recommended Budget were
the following individuals:
Ms. Angela Brown of 2971 Lawson Chapel Church Rd, Roxboro requested the
Board to appropriate funding in the upcoming budget for programs designed for youth, i.e.,
a community recreation center, and/or a YMCA.
Ms. Patricia “PJ” Gentry of 541 Byrd Creek, Hurdle Mills stated opposition to the
proposed property tax increase saying it was alarming to raise taxes anywhere from 2 cents
to 8 cents. She asked the Board to do better with what the county has and to ensure
accountability with the VFDs to lower ISO ratings for the citizens in return for the fire tax
funding.
Speaking in favor of the Fiscal Year 2019-2020 Recommended Budget was the
following individual:
Ms. Frances Blalock of 1504 Surl Mt. Tirzah Rd, Timberlake asked the Board to
setup a water and sewer fund with appropriations from the revenue from the landfill, to be
dedicated for the citizens in the eastern part of the county that has contaminated well water.
She noted that this area of the county has been the recipient of trash for 22 years and those
citizens have not received any benefits of the half million funds paid by the landfill
company each year.
A motion was made by Vice Chairman Jeffers and carried 5-0 to close the public
hearing for the Fiscal Year 2019-2020 Recommended Budget.
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PUBLIC HEARING PETITION RZ-01-19:
REQUEST BY STEPHEN WILSON, ON BEHALF OF PROPERTY OWNERS
JOHN HARRIS AND CHARLES PERKINS, FOR A REZONING/MAP
AMENDMENT FROM R (RESIDENTIAL) TO B-2 (NEIGHBORHOOD
SHOPPING) ON 11.46 ACRES (TAX MAP & PARCEL 132-3) LOCATED ON
CARVER DRIVE:
A motion was made by Commissioner Powell and carried 5-0 to open the duly
advertised public hearing for a request by Stephen Wilson, on behalf of property owners
John Harris and Charles Perkins, for a Rezoning/Map Amendment from R (Residential) to
B-2 (Neighborhood Shopping) on 11.46 acres (Tax Map & Parcel 132-3) located on Carver
Drive.
Planning Director, Lori Oakley stated all county zoning ordinances and general
statutes have been met for this public hearing.
Ms. Oakley shared the following presentation for RZ-01-19 for a request by
Stephen Wilson, on behalf of property owners John Harris and Charles Perkins, for a
Rezoning/Map Amendment from R (Residential) to B-2 (Neighborhood Shopping) on
11.46 acres (Tax Map & Parcel 132-3) located on Carver Drive.
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Ms. Oakley stated the property is currently a vacant wooded lot; to the West –
Woodlands zoned R (Residential); to the North – Woodlands zoned R6 (City of Roxboro
Residential); to the East – A medical office (Roxboro Family Vision) and woodlands zoned
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B-2 (City of Roxboro Neighborhood Business); and, to the South – Self-storage facility
(Roxboro Stor-N-Lock) and a nursing home (Roxboro Healthcare and Rehabilitation
Center) zoned B-2 (City of Roxboro Neighborhood Business).
Zoning map – B2 in the city to the east and south. Residential to the north and west.
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Ms. Oakley said the applicant submitted a survey map of the property along with a
proposed 15-year projected site plan.
Ms. Oakley noted the site plan was for information only as the applicant was in no
way bound to that site plan. If the rezoning were approved, the applicant could construct
any use along in the proposed district on the property.
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Speaking in favor of the request by Stephen Wilson, on behalf of property owners
John Harris and Charles Perkins, for a Rezoning/Map Amendment from R (Residential) to
B-2 (Neighborhood Shopping) on 11.46 acres (Tax Map & Parcel 132-3) located on Carver
Drive were the following:
Ms. Miriam Lavelle-Sams of 917 Ridge Road, Roxboro, and owner of Roxboro
Family Vision adjacent to the current Store & Lock facility noted she was not against the
proposed request for rezoning, however she wanted to make the Board aware of her
concerns through her experience. She pointed out, through illustration on a map, the
narrow right-of-way that exists for entry/exit for the current Store & Lock facility and
conveyed her issues related to noise and limited parking. Ms. Lavelle-Sams requested the
Board to consider adding three conditions to its approval: 1) all vehicle traffic to enter and
exit the subject parcel by Carver Drive and not to use Ridge Road which will increase all
issues related to traffic via the narrow right-of-way, 2) allow only a foot path between the
current facility and the proposed facility so that no driveway will be constructed for vehicle
use, and 3) noise restrictions be put into place.
Ms. Oakley told the group that the item before the Board for a general rezoning did
not allow the Board of Commissioners to place any conditions on its approval. She added
that the proposed site plan has all traffic to enter/exit the proposed site by Carver and not
Ridge Road. Ms. Oakley added the property owners would be taking its site plan before
the Board of Adjustment, should approval be granted by the Board of Commissioners, and
that the Board of Adjustment may place conditions as part of its approval.
Commissioner Clayton pointed out that the county did not have jurisdiction over
the right-of-way, as it is in the City limits. Vice Chairman Jeffers stated that the City’s
Noise Ordinance was also in effect. Commissioner Clayton recommended that Ms.
Lavelle-Sams attend the potential Board of Adjustment meeting, to which Ms. Oakley
confirmed, that Ms. Lavelle-Sams would be a recipient of the mailed notices for such
meeting.
Mr. Tony Gibson of 909 Ridge Road, Roxboro, and Manager of the Store & Lock
current location stated he was available for questions. He confirmed that the plan was to
enter/exit the proposed site from Carver and not Ridge and that the two facilities would be
reached via a golf cart between the two locations.
Chairman Newell asked Mr. Gibson to explore the option to combine the two
facilities for all traffic to be rerouted to enter and exit off Carver.
There were no individuals appearing before the Board to speak in opposition to a
request by Stephen Wilson, on behalf of property owners John Harris and Charles Perkins,
for a Rezoning/Map Amendment from R (Residential) to B-2 (Neighborhood Shopping)
on 11.46 acres (Tax Map & Parcel 132-3) located on Carver Drive.
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A motion was made by Vice Chairman Jeffers and carried 5-0 to close the public
hearing for a request by Stephen Wilson, on behalf of property owners John Harris and
Charles Perkins, for a Rezoning/Map Amendment from R (Residential) to B-2
(Neighborhood Shopping) on 11.46 acres (Tax Map & Parcel 132-3) located on Carver
Drive.
CONSIDERATION TO GRANT OR DENY REQUEST BY STEPHEN WILSON,
ON BEHALF OF PROPERTY OWNERS JOHN HARRIS AND CHARLES
PERKINS, FOR A REZONING/MAP AMENDMENT FROM R (RESIDENTIAL)
TO B-2 (NEIGHBORHOOD SHOPPING) ON 11.46 ACRES (TAX MAP &
PARCEL 132-3) LOCATED ON CARVER DRIVE:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
request by Stephen Wilson, on behalf of property owners John Harris and Charles Perkins,
for a Rezoning/Map Amendment from R (Residential) to B-2 (Neighborhood Shopping)
on 11.46 acres (Tax Map & Parcel 132-3) located on Carver Drive. The Board of
Commissioners consented that the request is consistent with the Person County Land Use
Plan and future planning goals of the county, and is reasonable, and in the public interest
as it meets several objectives listed in the Person County Land Use Plan.
INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of May 20, 2019,
B. Budget Amendment #20, and
C. Approval of Person Area Transportation System Updated Policies
a. Grants & Finance Management Policy, and
b. Drug & Alcohol Policy
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NEW BUSINESS:
THIRD AMENDMENT TO THE CONTRACT AGREEMENT AND A NEW
FRANCHISE ORDINANCE FOR UPPER PIEDMONT LANDFILL:
County Attorney, Ron Aycock noted the County’s Agreement with Republic
Services for continued development, use and operation of Upper Piedmont Regional
Landfill was for a period of twenty years with ten one-year extensions. The Agreement is
set to expire on June 30th unless an additional extension is agreed to by the Board or a new
contract is negotiated. The Board entered into a one-year extension of the original
Agreement in June of 2017. In May of 2018, the parties agreed to a second year extension.
The Agreement is back before the Board for a third one-year extension. This Agreement
will then have had a duration of twenty-three years.
Mr. Aycock further noted the County’s Solid Waste Disposal Franchise Ordinance
was extended on May 1, 2017 for a period of two years and is set to expire on June 30,
2019. The NC General Assembly enacted new legislation regarding county franchise
authority subsequent to the County's passage of the current franchise ordinance. That
legislation requires that all new solid waste franchises to be for "life of site" (not exceeding
60 years). That law gives counties no option for a shorter franchise. The law also repealed
a previous requirement for a public hearing prior to adoption of the new franchise.
Mr. Aycock requested the Board to authorize the Chairman to enter into a Third
Amendment to the Contract Agreement with Republic Services and adopt the new
Franchise Ordinance for the life of the site for Upper Piedmont Landfill.
A motion was made by Vice Chairman Jeffers and carried 5-0 to authorize the
Chairman to enter into a Third Amendment to the Contract Agreement with Republic
Services and adopt the new Franchise Ordinance for the life of the site for Upper Piedmont
Landfill.
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WORKFORCE DEVELOPMENT PIPELINE PLAN APPROVAL:
Economic Development Director, Sherry Wilborn presented to the Board a
Workforce Development Pipeline Plan for consideration to approve noting that the
Piedmont Community College, Person County Schools and Person County Economic
Development Commission partnered to establish the workforce development 6-14 plan to
create a pipeline of skilled workers for existing and prospective industries, beginning in 6th
grade and following students through high and post-secondary education.
Ms. Wilborn requested the release of $200,000 of previously-granted Golden LEAF
funds for the purpose of supporting the plan. She asked the Board to authorize the County
Manager to sign the Memorandum of Understanding (MOU) and approve the Release of
the Funds, totaling $200,000.
A motion was made by Commissioner Clayton and carried 5-0 to authorize the
County Manager to sign the Memorandum of Understanding (MOU) and approve the
Release of the Funds, totaling $200,000.
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CHAIRMAN’S REPORT:
Chairman Newell had no report.
MANAGER’S REPORT:
County Manager, Heidi York reported the Board’s first budget work session was
scheduled for 10:00am on June 4, 2019 in the Board’s usual boardroom.
Ms. York announced that Ms. Kelli Oakley has been appointed to serve as Interim
Director of Animal Services while the County enters a competitive hiring process for a new
Animal Services Director.
COMMISSIONER REPORT/COMMENTS:
There were no reports or comments by the commissioners
CLOSED SESSION #1
A motion was made by Vice Chairman Jeffers and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a) (5) at 7:41pm to establish, or to instruct the
public body's staff or negotiating agents concerning the position to be taken by or on behalf
of the public body in negotiating the price and other material terms of a contract with the
following individuals permitted to attend: County Manager, Heidi York, Clerk to the
Board, Brenda Reaves, County Attorney, Ron Aycock, and Assistant County Manager,
Sybil Tate.
Chairman Newell called the Closed Session to order at 7:47pm.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 7:59pm.
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RECESS:
Chairman Newell announced the Board would stand in recess at 7:59pm until
10:00am on June 4, 2019 in the Board’s usual meeting room 215 of the County Office
Building for the purpose to conduct a budget work session.
_____________________________ ______________________________
Brenda B. Reaves David B. Newell, Sr.
Clerk to the Board Chairman