09-23-2019 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
September 23, 2019
9:00am
CALL TO ORDER………………………………………………….. Chairman Newell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION:
ITEM #1
Resolution of Appreciation for
County Retiree Debra Dunn-Wilkins ……………………………… Chairman Newell
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.
1
ITEM #2
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.Approval of Minutes of September 9, 2019,
B.Budget Amendment #6, and
C.Budget Amendment Purchase Carryforwards
NEW BUSINESS:
ITEM #3
Proposed Fourth Amendment Solid Waste Contract with
Republic Services ………………………………………………………….. Ron Aycock
ITEM #4
Resolution Declaring Two Strands of Fiber Surplus Property and
Authorizing Lease of Two Strands of Fiber …………………………… Chris Puryear
ITEM #5
Comprehensive Land Use Plan Steering Committee Appointments……. Lori Oakley
ITEM #6
Animal Advisory Committee Appointments ………………………….. Brenda Reaves
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
2
RESOLUTION OF APPRECIATION
WHEREAS, Debra Dunn-Wilkins has served the people of Person
County during her tenure as a Child Support Agent II with
the Department of Social Services; and
WHEREAS, Debra Dunn-Wilkins has served the citizens of Person
County with honor, integrity, sincerity and dedication,
providing accurate, concise services for twenty-seven (27)
years, October 1992 – August 2019; and
WHEREAS, Debra Dunn-Wilkins has earned the respect and
admiration of all who have known her and worked with her
throughout her career; and
WHEREAS, the County of Person recognizes the many contributions
Debra Dunn-Wilkins has made to the County and offers her
sincere best wishes for her retirement.
NOW, THEREFORE, I, David B. Newell, Sr., Chairman of the Person
County Board of Commissioners, do hereby extend this Resolution of
Appreciation to Debra Dunn-Wilkins for continually striving to make
Roxboro and Person County a better place to live and work.
Adopted this, the 23rd day of September 2019.
____________________________________
David B. Newell, Sr., Chairman
Person County Board of Commissioners
Attest:
____________________________________
Brenda B. Reaves
Clerk to the Board of Commissioners
3
September 9, 2019
1
PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 9, 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, September 9, 2019 at 7:00pm in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Newell called the meeting to order. Commissioner Clayton offered an
invocation and Vice Chairman Jeffers led the group in the Pledge of Allegiance. County
Manager, Heidi York was absent until 7:15pm.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Newell announced that item #3 for a request for a text amendment to the
Planning Ordinance would be opened as a public hearing. In addition, on item #4, an
appointment to the Adult Care Home Community Advisory Committee would be
considered.
A motion was made by Commissioner Puryear and carried 5-0 to accept the
adjustments as noted above by Chairman Newell and to approve the agenda as adjusted.
INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of August 19, 2019, and
B. Budget Amendment #5
4
September 9, 2019
2
NEW BUSINESS:
REPORT ON ADAPTIVE REUSE OF THE OLD HELENA SCHOOL:
Interim Assistant County Manager, Laura Jensen told the group that Person County
applied to have a graduate student team undertake analysis of the possible revitalization of
the historic Helena School in Timberlake as part of the team’s course work in Community
Revitalization Applied (PLAN 735/PUBA 735) at no charge to the county. The course
instructor is UNC-Chapel Hill School of Government faculty member Tyler Mulligan. The
team, consisting of Andrew Cutler, Maria Dewees, Paul Liu and Natalie Swanson produced
a comprehensive report at the conclusion of the project, with four recommended actions
the county can take for encouraging redevelopment of the school by a private developer.
Ms. Jensen introduced to the Board Ms. Maria Dewees, Mr. Paul Liu and Ms.
Natalie Swanson to present the community profile of Timberlake including a site analysis,
market analysis, financial feasibility analysis and to summarize the recommendations for
potential redevelopment of the old Helena School by a private developer.
Ms. Dewees led the group the in the following presentation titled Adaptive Reuse
of the Helena School. She presented the Report’s Community Profile outlining
Timberlake’s Assets and Liability noting the Community Stakeholders, the Study Area and
Land Ownership by the Top 5 Land Owners through its Site Analysis. Ms. Dewees
provided an executive summary noting the proposed private use was recommended as
multifamily housing development in the historic school with commercial space in the
auditorium. Additionally, she further noted that the potential redevelopment by an outside
developer would be challenging.
5
September 9, 2019
3
6
September 9, 2019
4
7
September 9, 2019
5
8
September 9, 2019
6
9
September 9, 2019
7
10
September 9, 2019
8
Mr. Liu presented to the Board information related to the report’s Market Analysis,
Residential Market Area Overview including Income, Age demographics and supported
Housing as follows:
11
September 9, 2019
9
12
September 9, 2019
10
13
September 9, 2019
11
Ms. Swanson concluded the presentation focusing on the Report’s Financial
Feasibility and Recommended Uses based on key assumptions and analysis of the Internal
Rate of Return and Equity Multiple for the case results. She also presented Feasibility
Strategies as well as Proposed Actions to the Board.
14
September 9, 2019
12
15
September 9, 2019
13
16
September 9, 2019
14
17
September 9, 2019
15
18
September 9, 2019
16
19
September 9, 2019
17
20
September 9, 2019
18
Mr. Liu confirmed the Report yielded better financing results without the outlying
buildings, thus the recommendation to demolish or determine an alternative use plan.
Mr. Liu noted the attractive location in proximity to Roxboro and Northern Durham
noting the rent would be higher than desired for marketability.
When asked about the renovation costs noting the requirement to abate the asbestos
issues, Mr. Liu stated the County’s 2012 site analysis illustrated costs at $2.5M to rehab.
Vice Chairman Jeffers described an idea where neighboring counties started a
regional partnership for a County Food Council with commercial kitchens. Vice Chairman
Jeffers said this could address needs of local food banks and might serve well as a use in
one of the buildings on the old Helena site.
Commissioner Puryear asked if any stakeholders were contacted as part of their
study to which Ms. Swanson stated that was not part of their scope and due to the fact,
stakeholders were contacted as part of the 2012 Report and could not agree on a proposed
use, it would be exhaustive to revisit.
The Board thanked the three UNC-CH graduate students for their feedback and
work on the Person County site.
21
September 9, 2019
19
PUBLIC HEARING:
TEXT AMENDMENT (TA-01-19) REQUEST BY MARTIN & SHEILA PERSSON
TO ADD EVENT CENTER TO THE PLANNING ORDINANCE AND ADD A
DEFINITION TO EVENT CENTER:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a Text Amendment Request by Martin & Sheila Persson to
Add Event Center to the Planning Ordinance and Add a Definition to Event Center.
Planning Director, Lori Oakley introduced County Planner, Kayla DiCristina who
would be presenting this case, TA-01-19.
Ms. DiCristina stated all planning and zoning ordinances as well as state statutes
have been met for this public hearing.
Ms. DiCristina noted TA-01-19 was a request by Martin and Sheila Persson to add
Event Center to the Person County Planning Ordinance Appendix C - Table of Uses and
add a definition of Event Center to Appendix B – Definitions noting the applicant purchased
a portion of the former Roxboro Country Club property containing the former clubhouse.
The clubhouse had many uses including an event center. The principal use of the clubhouse
was considered a private recreation facility for profit and the event center was an accessory
use to the principal use.
Ms. DiCristina explained the text amendment request proposed to add a use that is
not currently listed in the Person County Planning Ordinance Table of Uses and by adding
this use, the applicant can operate an event center as a primary use and it will provide an
option for other property owners in the county who are interested in a similar business.
Event venues currently exist in Person County in an unregulated state. Properties
that qualify for bona fide farm exemption are able to circumnavigate Planning and Zoning
and Building Inspections regulations for erecting buildings on their land. There are multiple
cases where these buildings are used as event venues, most notably the wedding venue
present on the Northside of Tunnel Creek. In addition to providing an avenue for the
Perssons and other residents to conduct a business of this nature, adding the proposed
changes to the Person County Planning Ordinance allows staff and board members to better
regulate event venues and ensure the protection of persons and property
While the applicant proposed the definition for an event center and allowing the
use-by-right in the zoning district RC (Rural Conservation), Planning staff desired to
ensure consistency within the Table of Permitted Uses, and recommended adding the
proposed use as a by-right use in the following zoning districts: B-1 (Highway
Commercial), B-2 (Neighborhood Shopping) and GI (General Industrial) and via special
use permit in the R (Residential) district because of the restrictive nature of the district.
22
September 9, 2019
20
Ms. DiCristina provided the following Appendix B proposed definition for Event
Venue and Appendix C to add Event Venue to be added to the Table or Permitted Uses:
Appendix B: Definitions
Event Venue: A commercial establishment and associated grounds engaged in the
hosting and production of pre-planned events like weddings, corporate parties, or reunions.
Typical accessory uses include kitchens or meal preparation space, limited overnight
accommodations, photography studios, facilities to accommodate live or recorded music,
on- and off-site parking and outdoor recreation facilities.
Appendix C: Table of Permitted Uses
Add: Event Venue (to the table)
Add: X (permitted use) in the RC Zoning District
Planning staff recommendations include adding the Event Venue as listed below to
the Table or Permitted Uses:
S (Special Use) in R district
X (Permitted) in B-1 district
X (Permitted) in B-2 district
X (Permitted) in GI district
Ms. DiCristina stated the Planning Board, at its meeting on August 8, 2019, voted
4-0 to approve the requested text amendment TA-01-19 including staff’s recommended
text.
Ms. DiCristina stated Planning Staff recommended approval of TA-01-19. The
proposed text amendment allows a use that previously existed as an accessory use to be
added to the Table of Permitted Uses and clearly defined so that it may function as the
primary use on the property. Additional text recommended by staff ensures that this text
amendment is consistent with the Person County Planning Ordinance and Table of
Permitted Uses as well as consistent with the Comprehensive Land Use Plan and future
planning goals of Person County. It is reasonable and in the public interest as it will provide
clear regulations for event centers in Person County.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Text Amendment Request by Martin & Sheila Persson to Add Event
Center to the Planning Ordinance and Add a Definition to Event Center.
Commissioner Puryear asked how much of the former Roxboro Country Club did
the new owners plan to operate as an Event Venue to which Mr. Persson stated they own
the clubhouse and parking area, approximately 20 acres that included the pond, but did not
include the swimming pool.
23
September 9, 2019
21
Commissioner Powell asked if the applicant would be accommodating limited
overnight stay to which they answered not at this time, but possibly a potential future use.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Text Amendment Request by Martin & Sheila Persson to Add Event Center
to the Planning Ordinance and Add a Definition to Event Center.
CONSIDERATION TO APPROVE A TEXT AMENDMENT (TA-01-19) REQUEST
BY MARTIN& SHEILA PERSSON TO ADD EVENT CENTER TO THE
PLANNING ORDINANCE AND ADD A DEFINITION TO EVENT CENTER:
A motion was made by Commissioner Puryear and carried 5-0 to approve a Text
Amendment Request by Martin & Sheila Persson to Add Event Center to the Planning
Ordinance and Add a Definition to Event Center as well as to approve Planning staff
recommendations for the use to be by right in the zoning district RC (Rural Conservation),
B-1 (Highway Commercial), B-2 (Neighborhood Shopping) and GI (General Industrial),
and by special use permit in the R (Residential) district noting the text amendment request
was consistent with the Comprehensive Land Use Plan and future planning goals of Person
County and reasonable in the public interest as it will provide clear regulations for event
centers in Person County.
APPOINTMENTS TO JUVENILE CRIME PREVENTION COUNCIL, PERSON
AREA TRANSPORTATION SYSTEM BOARD, AND ADULT CARE HOME
COMMUNITY ADVISORY COMMITTEE:
Clerk to the Board Brenda Reaves presented interested citizen applications for the
Board’s consideration to nominate and appoint as deemed appropriate.
Juvenile Crime Prevention Council
Unexpired term of a 2-Year Term:
1 position for the Local School Superintendent or designee
Dr. Rodney Peterson requested the Board of Commissioners to appoint Mr. Ron
Anthony to the Juvenile Crime Prevention Council to serve out the remainder of the term
for Ms. Joan Kister (current Superintendent’s designee). Ms. Kister’s term is due to expire
December 31, 2019.
The Board of Commissioners, if so desired, may appoint Mr. Anthony to fulfill the
unexpired term, or, appoint for the remainder of the term to December 31st as well as a
new term (2-years) thus giving him a term to 12/31/2021.
24
September 9, 2019
22
A motion was made by Commissioner Puryear and carried 5-0 to appoint Ron
Anthony to serve as the Superintendent’s designee on the Juvenile Crime Prevention
County for a term that will expire 12/31/2021.
Person Area Transportation System Board
3-Year Term: 1 position for a citizen-at-large to fulfill an unexpired term to 12/31/2021
Ms. Tammie Kirkland requested appointment.
A motion was made by Vice Chairman Jeffers and carried 5-0 to appoint Tammie
Kirkland to the Person Area Transportation System Board to fulfill an unexpired citizen
term to 12/31/2021.
Adult Care Home Community Advisory Committee
1-Year Initial Term; 3-Year Reappointment: 1 position available
Ms. Jessica Aguilar requested appointment
A motion was made by Commissioner Puryear and carried 5-0 to appoint Jessica
Aguilar to the Adult Care Home Community Advisory Committee for an initial one-year
term.
25
September 9, 2019
23
CHAIRMAN’S REPORT:
Chairman Newell had no report.
MANAGER’S REPORT:
County Manager, Heidi York reported on the following:
1) Health Dept. Director sought the commissioners’ interest in establishing a
workgroup for one or two commissioners with the Health Board’s chair and vice
chair as a follow-up to recent events,
2) Confirmed a letter notifying the Woodsdale Volunteer Fire Department of breach
of contract was delivered on Friday, September 6, 2019, giving them 30-days notice
and aligning such with the October 8, 2019 state deadline as directed in Vice
Chairman Jeffers’ recent motion,
3) Informed the commissioners that she still has three county cell phones designated
for commissioners that have not been picked up that would be returned.
COMMISSIONER REPORT/COMMENTS:
Commissioner Puryear stated interest in serving on the Health Department
workgroup as a commissioner representative.
Vice Chairman Jeffers asked the County Manager to look into complaints related
to unkempt property located at 1195 Concord Ceffo Road.
Commissioner Powell asked staff if the old body shop demolition was complete
located on the Oxford Road. Ms. York stated she would get an update.
26
September 9, 2019
24
ADJOURNMENT:
A motion was made by Commissioner Powell and carried 5-0 to adjourn the
meeting at 7:44pm.
_____________________________ ______________________________
Brenda B. Reaves David B. Newell, Sr.
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
27
9/23/2019
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 14,825
Transportation 4,303
Cultural and Recreation 8,090
REVENUES General Fund
Intergovernmental 3,500
Charges for Services 4,590
Other Revenues 19,128
EXPENDITURES CIP Fund
County project-Roofing-Allnsvl, Helena, Hurdle Mills 187,568
REVENUES CIP Fund
Transfer from General Fund 187,568
Explanation:
BUDGET AMENDMENT
Receipt of insurance claim for damage to PCRC wall ($14,825); receipt of vehicle insurance claims for PATS
($1,704); receipt of proceeds from sale of PATS vehicle ($2,599); receipt of cheerleading uniform revenue for
Recreation ($4,590); receipt of Health Literacy grant for Library ($3,500); restoring budget for a roofing project in
the CIP Fund that was incomplete at June 30, 2019 ($187,568)
BA‐628
9/23/2019
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 153,885
Public Safety 176,900
Economic and Physical Development 60,026
Environmental Protection 37,100
Education 103,324
Transportation 6,684
Cultural & Recreation 5,958
Human Services 503,421
Debt Service 2,000
REVENUES General Fund
Intergovernmental Revenues 12,000
Fund Balance Appropriated 1,037,298
EXPENDITURES PI & MRF Fund 35,317
REVENUES PI & MRF Fund
Fund Balance Appropriated 35,317
Explanation:
BUDGET AMENDMENT
Carryforward of purchase orders and commitments outstanding as of June 30, 2019. The amount of fund balance
appropriation for the General Fund required for outstanding contracts is lower by $124,393 compared to what was
necessary in the prior year. Carryforwards in the Special Revenue and Capital Project Fund categories minimally drop from
the prior year by $1,719. Both reductions are due to a smaller number of ongoing projects at fiscal year end 2019.
29
Account #Account DescriptionVendor NamePO # Open Amount Item DescriptionGeneral Fund:100-4110-448300-20- Highway DedicationsNC DEPT OF TRANSPORTATION20190934 2,000.00 Highway Dedications100-4121-420000-20- Supplies & Operating Expenses AMAZON CAPITAL SERVICES, INC.20191129 2,448.23 Supplies & Operating Expenses100-4121-426400-20- Spec Supp/Serv-InternetSUNTRUST BANKCARD N.A.20190624628.52 Spec Supp/Serv-Internet100-4121-426500-20- Spec Supp/Serv-NetworkUTILIPLEX OF NC20191130 8,000.00 Spec Supp/Serv-Network100-4121-430000-20- Contracted ServicesGRANICUS, LLC20190965 12,412.53 Contracted Services100-4122-419910-20- Prof Svc/Drug Testing & Backgr SAFE-T WORKS, INC.20190522 1,935.00 Prof Svc/Drug Testing & Backgr100-4170-420000-20- Supplies & Operating Expenses SHI INTERNATIONAL20191209 6,380.00 Supplies & Operating Expenses100-4260-425000-20- Automotive FuelSNIPES BROTHERS OIL COMPANY INC. 20190489553.42 Automotive Fuel100-4260-426800-20- Road SignsR & S SPORTING GOODS20190857 1,200.00 Road Signs100-4260-430000-20- Contracted ServicesSHERWIN WILLIAMS COMPANY20191138 17,662.47 Contracted Services100-4260-435100-20- Maint & Repair/Bldg & Grounds JOSEPH N KIRBY20190922 2,000.00 Maint & Repair/Bldg & Grounds100-4260-435100-20- Maint & Repair/Bldg & Grounds SMITH GLASS CENTER20191070 2,000.00 Maint & Repair/Bldg & Grounds100-4260-435400-20- Maint & Repair/Spec ProjectsSHERWIN WILLIAMS COMPANY20190935 11,830.00 Maint & Repair/Spec Projects100-4260-435400-20- Maint & Repair/Spec ProjectsSMITH GLASS CENTER20191071 1,380.00 Maint & Repair/Spec Projects100-4260-435400-20- Maint & Repair/Spec ProjectsREI ENGINEERS20190572 3,814.00 Maint & Repair/Spec Projects100-4260-435400-20- Maint & Repair/Spec ProjectsTRIANGLE ROOFING SERVICE20190653 28,600.00 Maint & Repair/Spec Projects100-4260-444000-20- Service & Maint ContractsSCHNEIDER ELECTRIC20190029 1,244.00 Service & Maint Contracts100-4310-420000-25- Supplies & Operating Expenses LAWMEN'S SAFETY SUPPLY, INC20190942 3,000.00 Supplies & Operating Expenses100-4310-420000-25- Supplies & Operating Expenses SIRCHIE FINGER PRINT LABORATORIES, INC. 20190944628.04 Supplies & Operating Expenses100-4310-420000-25- Supplies & Operating Expenses TAYLOR PRINTING & OFFICE SUPPLY20190945 3,000.00 Supplies & Operating Expenses100-4310-420000-25- Supplies & Operating Expenses GALL'S20190948 1,900.00 Supplies & Operating Expenses100-4310-427700-25- Spec Supp & Svcs/Dare ProgR & S SPORTING GOODS20190970 2,000.00 Spec Supp & Svcs/Dare Prog100-4310-427900-25- Spec Supp & Svcs/DBPERSON COUNTY SHERIFF'S DEPT.20190943 5,000.00 Spec Supp & Svcs/DB100-4310-428100-25- Spec Supp/Serv - Great Program R & S SPORTING GOODS20190969 1,362.00 Spec Supp/Great Program100-4310-431100-25- Travel-Meetings/ConferencesSUNTRUST BANKCARD N.A.20190879 1,310.80 Travel-Meetings/Conferences100-4310-431300-25- Employee TrainingSUNTRUST BANKCARD N.A.20190977 2,000.00 Employee Training100-4310-431300-25- Employee TrainingDPC PAWN & GUN SHOP INC.20190986 3,500.00 Employee Training100-4310-435200-25- Maint & Repair/EquipmentSMITH GLASS CENTER20190958 1,000.00 Maint & Repair/Equipment100-4310-435200-25- Maint & Repair/EquipmentGALL'S20190947 1,000.00 Maint & Repair/Equipment100-4310-435200-25- Maint & Repair/EquipmentO'REILLY AUTOMOTIVE, INC.20190959 1,917.15 Maint & Repair/Equipment100-4310-435200-25- Maint & Repair/EquipmentBRANDON BAKER20190954 2,500.00 Maint & Repair/Equipment100-4310-435300-25- Maint & Repair/VehiclesBRANN'S WRECKER SERVICE, INC20190949 2,936.93 Maint & Repair/Vehicles100-4310-435300-25- Maint & Repair/VehiclesBRANN'S WRECKER SERVICE, INC20190974 1,500.00 Maint & Repair/Vehicles100-4310-435300-25- Maint & Repair/VehiclesQUINTON CLAYTON20190951 3,708.88 Maint & Repair/Vehicles100-4310-435300-25-Maint & Repair/VehiclesENFORCEMENT VIDEO, LP20190981 1,000.00 Maint & Repair/Vehicles100-4310-435300-25- Maint & Repair/VehiclesTIREHUB, LLC20190345607.63 Maint & Repair/Vehicles100-4310-446500-25- CapOut 750-4999/2017 GCCBLUERANGE TECHNOLOGY (2013) CORP. 20191079 3,971.12 CapOut750-4999/2017 GCC100-4310-449500-25- Payments to Other GovtNC STATE BUREAU OF INVESTIGATION 20191186 4,720.00 Payments to Other Govt100-4310-454000-25- Cap Out VehiclesMINCEY'S GRAPHICS, LLC20191120433.33 Cap Out Vehicles100-4310-454000-25- Cap Out VehiclesPERFORMANCE AUTOMOTIVE GROUP, INC 20190589 45,090.00 Cap Out Vehicles100-4320-449500-25- Payments to Other GovtORANGE COUNTY SHERIFF DEPT20190950 1,000.00 Payments to Other Govt100-4320-454000-25- Cap Out VehiclesMINCEY'S GRAPHICS, LLC20191120666.67 Cap Out Vehicles100-4320-454000-25- Cap Out VehiclesDANA SAFETY SUPPLY INC20190989 1,990.20 Cap Out Vehicles100-4330-420000-25- Supplies & Operating Expenses SMITHS PHOTOGRAPHY20170837 1,800.00 Supplies & Operating Expenses100-4330-428880-25- Emergency Mgmt Performance Grt ASAP PRINTING20180949879.36 Emergency Mgmt Performance Grt100-4330-428880-25- Emergency Mgmt Performance Grt ENVIROSAFE CONSULTING20180893 9,400.00 Emergency Mgmt Performance Grt100-4330-428880-25- Emergency Mgmt Performance Grt JUVARE, LLC20191065 28,031.03 Emergency Mgmt Performance GrtPO CARRYFORWARDS30
100-4370-435300-25- Maint & Repair/VehiclesCROSSROADS FORD OF SOUTH BOSTON,INC 20191168 1,743.02 Maint & Repair/Vehicles100-4380-455000-25- Cap Out Equip $5000+ABSOLUTE SECURITY & LOCK, INC.20191150 5,240.00 Cap Out Equip $5000+100-4530-425000-35- Automotive FuelSNIPES BROTHERS OIL COMPANY INC. 20190489404.03 Automotive Fuel100-4530-435100-35- Maint & Repair/Bldg & Grounds ST GRADING & BACKHOE20190543 6,280.00 Maint & Repair/Bldg & Grounds100-4710-429500-45- Spec Supp/Serv-ClosureENVIRONMENT 120190035 2,200.00 Spec Supp/Serv-Closure100-4710-429500-45- Spec Supp/Serv-ClosureSMITH GARDNER, INC.20190263 17,314.00 Spec Supp/Serv-Closure100-4920-430000-40- Contracted ServicesCRYSTAL MORPHIS20180988 25,000.00 Contracted Services100-6120-420000-55- Supplies & Operating Expenses ALL SPORTS AMERICA, LTD.20190679 3,458.00 Supplies & Operating Expenses100-6120-435100-55- Maint & Repair/Bldg & Grounds SHERWIN WILLIAMS COMPANY20191094 2,000.00 Maint & Repair/Bldg & Grounds110-4121-425200-20- Spec Svcs/Info Tech SystemsWILLIAM MOORE III20191195 2,025.00 Spec Svcs/Info Tech Systems110-4121-425200-20- Spec Svcs/Info Tech SystemsMICROSOFT CORPORATION20191135875.00 Spec Svcs/Info Tech Systems110-4121-425200-20- Spec Svcs/Info Tech SystemsNORTH CAROLINA WIRELESS, LLC20170798 2,000.00 Spec Svcs/Info Tech Systems110-4121-425200-20- Spec Svcs/Info Tech SystemsNORTH CAROLINA WIRELESS, LLC20180008 12,500.00 Spec Svcs/Info Tech Systems110-4121-446000-20- Cap Out $750 To $4999ABSOLUTE SECURITY & LOCK, INC.20191144 3,324.94 Cap Out $750 To $4999110-4121-446000-20- Cap Out $750 To $4999ABSOLUTE SECURITY & LOCK, INC.20191159 2,901.10 Cap Out $750 To $4999110-4121-446000-20- Cap Out $750 To $4999AMAZON CAPITAL SERVICES, INC.20191077 1,960.00 Cap Out $750 To $4999120-5110-430000-50- Contracted ServicesPATAGONIA HEALTH INC.20191163 3,000.00 Contracted Services120-5110-430000-50- Contracted ServicesHEAT TRANSFER SOLUTIONS, INC20160620 13,898.00 Contracted Services120-5180-423000-50- Educ & Medical SuppliesNC DHHS20191218 3,447.75 Educ & Medical Supplies170-4311-429010-25- Unauth Sub Tax-Spec Supp/Serv MINCEY'S GRAPHICS, LLC20191120600.00 Spec Supp/Serv-Unauth Sub Tax190-5310-431100-50- Travel-Meetings/ConferencesMHI HOSPITAL TRS LLC20191136 1,015.00 Travel-Meetings/ConferencesOther Funds:230-5281-435200-45- Maint & Repair/EquipmentOLIVE HILL WELDING & FABRICATION, INC. 20191108 5,067.00 Maint & Repair/Equipment230-5281-454000-45- Cap Out VehiclesNC DIVISION OF MOTOR VEHICLES20190876 1,820.16 Cap Out Vehicles230-5281-454000-45- Cap Out VehiclesUNIVERSITY FORD ATTN: IRA YOUNG20190848 14,300.00 Cap Out Vehicles230-5281-454000-45- Cap Out Vehicles UNIVERSITY FORD ATTN: IRA YOUNG20190849 14,130.00 Cap Out VehiclesMulti‐Year Funds that automatically roll forward:400-4530-551798-35- AS & TW Lights-Constr 47.15.1 PRECISION APPROACH, LLC20180816 6,677.36 AS & TW Lights-Constr-47.15.1400-4530-551798-35- AS & TW Lights-Constr 47.15.1 PRECISION APPROACH, LLC20190401 35,744.91 AS & TW Lights-Constr-47.15.1400-4530-551800-35- Airfield Sign Replace 60.9.1PRECISION APPROACH, LLC20180735 5,691.75 Airfield Sign Replace 60.9.1410-4260-558101-20- Roof-Bushy ForkREI ENGINEERS20190572373.50 Roof-Bushy Fork410-4260-558101-20- Roof-Bushy ForkSOUTHERN METAL SYSTEMS20190585 5,116.05 Roof-Bushy Fork410-4260-558200-20- Roof-Allnsvl,Hel,HM,Lghst,Mayo BAKER ROOFING COMPANY2018099168.09 Roof-Allens,Hel,HM,Lghst,Mayo410-4260-558200-20- Roof-Allnsvl,Hel,HM,Lghst,Mayo REI ENGINEERS20170628 1,485.90 Roof-Allens,Hel,HM,Lghst,Mayo410-4260-558200-20- Roof-Allnsvl,Hel,HM,Lghst,Mayo TRIANGLE ROOFING SERVICE20181022 2,518.29 Roof-Allens,Hel,HM,Lghst,Mayo410-4260-558200-20- Roof-Allnsvl,Hel,HM,Lghst,Mayo TRIANGLE ROOFING SERVICE20181023 1,693.76 Roof-Allens,Hel,HM,Lghst,Mayo410-4260-558200-20- Roof-Allnsvl,Hel,HM,Lghst,Mayo TRIANGLE ROOFING SERVICE20181024 3,164.75 Roof-Allens,Hel,HM,Lghst,Mayo410-4260-558900-20- New Roof - CourthouseREI ENGINEERS20180616 11,450.00 New Roof - Courthouse410-4260-559100-20- Fiber Proj - Engineer&Construc UNIVERSAL PHONE SYSTEMS, INC20191080 17,359.00 Fiber Proj - Engineer&Construc410-4260-559500-20- Tax/Appraisal SoftwareBI-TEK, LLC20170724 76,210.00 Tax/Appraisal Software410-5911-570500-60- Roofing-School Maint BldgREI ENGINEERS20180616960.00 Roofing-School Maint Bldg410-5911-570500-60- Roofing-School Maint BldgSOUTHERN METAL SYSTEMS20190310 12,909.02 Roofing-School Maint Bldg31
410-5921-580300-60- New Roof - Bldg DREI ENGINEERS20180616870.00 New Roof - Bldg D410-5921-580300-60- New Roof - Bldg DTRIANGLE ROOFING SERVICE20190311 14,015.02 New Roof - Bldg D430-4260-568000-20- Constr-PCRC RenovJOSHUA HALL20191151 7,414.20 Building Construction440-4260-519300-20- Towers ConsultingTELECOM SYSTEMS SOLUTIONS, LLP20180581 23,000.00 Prof Serv-A&E Fees440-4260-519300-20- Towers ConsultingENGINEERED TOWER SOLUTIONS, PLLC 20170930 12,000.00 Prof Serv-A&E Fees440-4260-561500-20- Cap Out/VHF EquipWIRELESS COMMUNICATIONS INC20190821 12,985.32 Cap Out/VHF Equip440-4260-562000-20- Huck Sansbury-Gym-HVACTRIANGLE ROOFING SERVICE20190611 3,700.00 Huck Sansbury-Gym-HVAC440-5911-572600-60- Roofing - Early InterventionREI ENGINEERS20190572 5,891.00 Roofing-Early Intervention480-4260-519300-20- Roxplex-A&E FeesCOULTER JEWELL THAMES, P.A.20180461 2,475.00 Prof Serv-A&E Fees32
Account # Revenues Expenditures Comments
10090-399991 261,318 Fund Balance Appropriation
1004260-435400 12,588 Roofing-Mt. Tirzah concession stand
1004122-426000 11,623 Wellness funds
1004310-428100 2,900 Great Summer Camp donations & remaining funds
1004310-428110 1,843 Shop with Sheriff Grant
1004320-419200 2,595 Prof Serv-Medical contract
1004310-427640 10,017 2018 BVP Grant
1004330-428880 2,009 Emg Mgt Performance Grant
10025-335237 12,000 HSGP Exercise-Training Grant
1004330-428897 12,000 HSGP Exercise-Training Grant
1004380-420000 100 Anim Svcs donations
1004920-425510 25,000 Spec Supp/Serv-Duke Energy CIF
1004950-425700 1,082 Class registration fees
1004950-425800 8,944 NC Farm School
1004960-449910 17,586 Soil & Water Conservation District Funds
1005200-462360 56,891 Uncommitted Mental Health Funds
1005820-431100 4,316 Veterans Grant carryforward (Travel)
1006121-420000 500 Mayo donation
13090-399991 2,000 Fund Balance Appropriation
1309100-479900 2,000 Issuance Costs for future debt
19090-399991 420,853 Fund Balance Appropriation
1905310-426070 126 Spec/Supp/Serv/Disaster Expense
1905380-506600 93,218 Special Children Adopt Fund
1905380-526000 696 Misc. General Assistance
1905380-537000 332 Foster Care Donations
1905380-537004 233 Foster Care - Shoes
1905310-426050 326,248 Spec Supp/Serv-Data Storage
SCHOOL CAPITAL & TECH
1005911-462700 52,327 Furniture for district
1005911-462700 15,600 PHS-Replace pressure reducer
1005911-462700 12,794 N.Elem-Pavement repair
1005911-462700 11,473 E.B.-Pavement repair
1005911-462700 5,000 Oak Lane-Replace sewer line
1005911-462710 6,130 SMS/NMS Computers
OTHER CARRYFORWARDS
33
AGENDA ABSTRACT
Meeting Date: September 23, 2019
Agenda Title: Proposed Fourth Amendment Solid Waste Contract with
Republic Services
Summary of Information:
Attached is a proposed amendment to the County’s existing landfill contract with Republic
Services. It incorporates all of the changes negotiated by the County. These changes are reflected
in the attached document entitled “Fourth Amendment.” Thus, the original contract continues,
subject to the changes contained in this amendment. The agreed points are as follows:
Republic Services will provide an annual contribution of $100,000 to the County for
community development projects in collaboration with Republic, to benefit the County and
to highlight the partnership between the County and Republic.
Five-year extension of the term of the host agreement beyond the current expiration date.
Fixed host fee of $2.75 for all municipal solid waste tonnage on which Republic receives
a tipping fee.
Republic Services will provide a $5,000 annual allowance for “free disposal” for residents
who drop off waste at the Landfill.
An easement for wireless monopoles and a one-time contribution of $30,000 for the
County’s broadband project.
Increase of Republic’s annual appropriation for litter management on local highways to
$24,000.
Republic will continue to contribute $25,000 for recycling support to the County.
Increase of the average maximum annual disposal rate to 780,000 tons per year.
The amendment provides that it will go into effect when Republic receives the necessary
approvals, certifications and enactments from the County and also receives all of the necessary
permits and approvals from the State of North Carolina. The approvals, certifications and
enactments from the County are three-fold:
1- The approval of and execution of this Fourth Amendment;
2- Certification by the County that the site meets all the County planning rules (It does so
meet those rules since it is the very same site where the landfill is located);
3- The enactment of a franchise ordinance consistent with the agreement. State law requires
a public hearing on the franchise after a 30-day public notice, and adoption of the ordinance
at the second of 2 regular meetings. In order to comply with the 30-day notice requirement,
the earliest date the public hearing and first vote could be scheduled is at the November 4
Board meeting, with a final vote at the November 18 board meeting.
The State of North Carolina must issue a permit for the operations as agreed to. It is unclear
whether the State will require an additional site study. The County may be required to convene a
public meeting on the state action at a later time.
34
Recommended Action:
1- Approve the Fourth amendment and authorize its execution.
2- Authorize county staff to execute any additional documents necessary to effectuate the
action approved here including but not limited to provision of the necessary planning
certifications.
3- Set a public hearing for the Board’s November 4, 2019 meeting to hear public
comments on a franchise ordinance to effectuate this agreement, and to conduct the
first vote on the franchise.
Submitted By: C. Ronald Aycock, Person County Attorney
35
FOURTH AMENDMENT TO
AMENDED AND RESTATED AGREEMENT
FOR CONTINUED DEVELOPMENT, USE AND
OPERATION OF UPPER PIEDMONT
REGIONAL LANDFILL
THIS FOURTH AMENDMENT (“Fourth Amendment”) to that certain Amended and
Restated Agreement for Continued Development, Use and Operation of Upper Piedmont
Regional Landfill (“New Landfill” as defined in the Agreement), by and between Person County,
North Carolina, a political subdivision, organized and existing under the laws of the State of
North Carolina (hereinafter referred to as the “County”), and Republic Services of North
Carolina, LLC, a limited liability company organized and existing under the laws of North
Carolina, d.b.a. Upper Piedmont Regional Landfill, formerly Upper Piedmont Environmental,
Inc. (hereinafter referred to as “Republic”). The August, 1995 Amended and Restated
Agreement for Continued Development, Use and Operation of Upper Piedmont Regional
Landfill is hereinafter referred to as the “Agreement”.
RECITALS
WHEREAS, in August of 1994, the parties entered into an Agreement for Development,
Use and Operation of New Landfill; and
WHEREAS, in August of 1995, the parties entered into the Agreement; and
WHEREAS, the New Landfill first began operation on July 1, 1997; and
WHEREAS, in June of 2017, the parties entered into the First Amendment to Amended
and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont
Regional Landfill (“First Amendment”); and
WHEREAS, in May of 2018, the parties entered into the Second Amendment to
Amended and Restated Agreement for Continued Development, Use and Operation of Upper
Piedmont Regional Landfill (“Second Amendment”); and
WHEREAS, in June of 2019, the parties entered into the Third Amendment to Amended
and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont
Regional Landfill (“Third Amendment”); and
WHEREAS, the parties desire to amend the certain provisions of the Agreement as
described herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The recitals set forth above are true and correct and are hereby incorporated
herein by reference. Capitalized terms used herein and not otherwise defined shall have the
meanings given them in the Agreement, the First Amendment, Second Amendment and Third
Amendment.
36
2
2. All references in the Agreement to Upper Piedmont Environmental, Inc. (referred
to in the Agreement as “Upper Piedmont”) are hereby deleted and replaced with Republic
Services of North Carolina, LLC, referred to in the First Amendment, Second Amendment, Third
Amendment and this Fourth Amendment as “Republic”.
3. Section 3.1 of the Agreement is hereby deleted in its entirety and replaced with
the following:
“3.1 Existence and Good Standing. Republic is duly organized
under the laws of North Carolina and is (and will continue to be
throughout the Term hereof) validly existing in good standing
under the laws of the State of North Carolina.”
4. Section 7.4(e)(ii) of the Agreement, including Subsections (A)-(C), is hereby
deleted in its entirety and replaced with the following:
“(ii) the acceptance of Waste delivered to the New Landfill from
any person or entity whatsoever, whether an affiliate of Republic
or otherwise; provided, however, that such acceptance be in
conformance with all other provisions in this Agreement, including
but not limited to Sections 1.2 and 1.11, and provided that
Republic shall not accept for disposal in any calendar year more
than an average maximum annual disposal rate of 780,000 tons.
The volume limitation set forth in this Section may be exceeded by
Republic only if necessary to provide disposal capacity for an
account or customer within the Approved Area, provided that the
account or customer is located in a county which is at the time
using the New Landfill, and provided further that in no calendar
year shall the additional volume of Waste from new accounts or
customers exceed by more than five (5%) percent the maximum
volume of Waste allowed under this Section during the previous
year.”
5. The following sentence is hereby added to the end of Section 7.4(h) “Site
Appearance”:
“Beginning on the Fourth Amendment Effective Date and for each
year thereafter during the Term of the Agreement, Republic agrees
to spend an annual amount of $24,000 for funding of litter
management on local highways.”
6. Section 9 of the Agreement is hereby deleted in its entirety and replaced with the
following:
37
3
“9. HOST FEES AND PAYMENTS.
9.0 Host Fees. Beginning on the Fourth Amendment
Effective Date, for each Ton of Waste which is accepted by
Republic at the New Landfill, Republic shall pay the County
a fixed fee of $2.75 per Ton of Waste. Any Host Fee not
paid when due shall bear interest from the due date until paid
at the maximum rate allowed by applicable law. Republic
shall not pay any Host Fee on Waste that County residents
drop off at the Landfill at no charge to County residents.
9.1 Annual Community Development Payments. Beginning
on the Fourth Amendment Effective Date, and on each
anniversary of the Fourth Amendment Effective Date
thereafter during the Term of the Agreement, Republic shall
make an annual payment to the County of $100,000 to be
used for County community development projects in
collaboration with Republic, to benefit the County and to
highlight the partnership between the County and Republic.
The County consents to Republic’s use of all such
collaborative projects between the County and Republic for
all purposes including without limitation in Republic’s public
relations, marketing and similar materials.
9.2 Wireless Monopoles. Upon the Fourth Amendment
Effective Date, Republic shall provide the County with a
reasonable easement on the Landfill Site in the general
location as indicated on Schedule D attached to this Fourth
Amendment for the installation of three wireless monopoles,
and shall make a one-time payment to the County of $30,000
to assist with the County’s wireless monopole project.
Notwithstanding anything in this Agreement to the contrary,
the County understands and agrees that Republic’s primary
interests and obligations are the safe and efficient
management of the New Landfill, in compliance with
Applicable Laws, permit conditions, and Republic’s internal
policies and procedures, and any installation and operation of
wireless monopoles at the Landfill Site shall remain
secondary to such interests. Notwithstanding anything in this
Agreement to the contrary, County shall not interfere with
Republic’s compliance with any permits, authorizations,
licenses, ordinances or regulations related to the Landfill,
federal, state or local laws regarding wetlands, or with the
lawful and safe management of the Landfill Site, including,
without limitation, the maintenance and monitoring of the
New Landfill. Notwithstanding anything in this Agreement
to the contrary, Republic shall be free at all times during the
38
4
Term to take any action Republic deems necessary or
desirable, in Republic’s sole and absolute judgment, in
connection with the New Landfill, including, without
limitation, any action required to comply with any applicable
law and permits, mitigate or eliminate any reaction within the
New Landfill or to respond to community concerns, without
regard to the effect of such action on the County’s wireless
monopole project.
9.3 Residential Drop-Off Waste Allowance. Beginning on
the Fourth Amendment Effective Date and for each year
thereafter during the Term of the Agreement, Republic shall
allow County residents to drop off Waste at the Landfill at no
charge to the residents up to a total annual amount of
$5,000.”
7. Section 10.2 of the Agreement is hereby deleted in its entirety and replaced with
the following:
“10.2 Fee Adjustment. The Tipping Fees specified in Section 8
above shall be adjusted to increase or decrease in accordance with
the CPI as specified on Schedule C attached hereto and made part
hereof.”
8. Section 12.1 of the Agreement, as amended by the First Amendment, Second
Amendment and Third Amendment, is hereby deleted in its entirety and replaced with the
following:
“12.1 Term. Subject to the terms and conditions of this Agreement,
the term of this Agreement shall commence on the Effective Date, as
defined in Section 1.9 as amended by the First Amendment, and
shall continue through July 1, 2032, or until such earlier time as the
New Landfill is, in Republic’s discretion, completely filled or
otherwise rendered unusable or unfeasible for use as a sanitary
landfill. If this Fourth Amendment has not become effective by June
30, 2020, the Parties agree that the Term of this Agreement shall be
extended through and including the sooner of the Fourth Amendment
Effective Date or July 1, 2021.”
9. Schedule B to the Agreement is hereby deleted in its entirety from the Agreement.
10. Schedule C to the Agreement is hereby deleted in its entirety and replaced with
the following:
39
5
“AMENDED SCHEDULE C
On July 1 following the Effective Date of this Agreement, and on the first of July of each
year thereafter for the duration of this Agreement, Tipping Fees provided for in Section 8 of this
Agreement shall be adjusted in accordance with the following computation:
Step 1: CPI: April of Current Year - CPI: Previous April
= Index Point Difference
Step 2: Index Point Difference x 100 = Percentage Change
CPI: Previous April
Step 3: Percentage Change x Tipping Fees = Tipping Fee
Change
Step 4: Tipping Fees ± Tipping Fees Change = Adjusted
Tipping Fees
Republic shall by June 1 of each year perform this calculation and advise the County of
any adjustments in the Tipping Fees.”
11. It is specifically understood and agreed between the parties that the County will
fully cooperate with Republic in securing any and all federal, state, local and regulatory agency
permits, approvals, franchises, renewals and licenses, and in taking all actions necessary to allow
Republic to continue to develop, construct, use and operate the New Landfill pursuant to the
Agreement and subsequent amendments including without limitation this Fourth Amendment.
The parties acknowledge that Republic securing any and all such necessary permits, approvals,
franchises, renewals and licenses is fundamental and integral to this Fourth Amendment, and that
it is in the best interests of both parties to ensure that all such permits, approvals, franchises,
renewals and licenses are obtained.
12. The effective date of this Fourth Amendment (“Fourth Amendment Effective
Date”) shall be the date that Republic has received any and all federal, state, local and regulatory
agency permits, approvals, franchises, renewals and licenses for the continued development, use
and operation of the New Landfill in accordance with the Fourth Amendment including without
limitation (A) a solid waste disposal franchise from the County that reflects applicable provisions
of this Fourth Amendment including without limitation the average maximum annual disposal
rate set forth in Section 7.4(e)(ii); and (B) a final, non-appealable landfill operating permit from
the North Carolina Department of Environmental Quality that reflects the applicable provisions
of this Fourth Amendment including without limitation the average maximum annual disposal
rate set forth in Section 7.4(e)(ii).
13. Except as set forth herein, the Agreement, First Amendment and Second
Amendment shall remain in full force and effect. In the event of a conflict between the terms of
this Fourth Amendment and those contained in the Agreement, First Amendment or Second
Amendment, the terms of this Fourth Amendment shall prevail and control.
40
6
14. This Fourth Amendment may be executed in one or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the County and Republic have caused their respective duly
authorized officers to execute this Fourth Amendment as of the day and year first above written.
[SIGNATURE BLOCKS ON FOLLOWING PAGES]
41
ATTEST: PERSON COUNTY, NORTH CAROLINA
By:
By:
Brenda B. Reaves
Clerk to the Board
David B. Newell, Sr.
Chairman
[County Seal] Date: ________________________________
APPROVED AS TO FORM:
By:
C. Ronald Aycock
County Attorney
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act
By:
Amy Wehrenberg
County Finance Officer
42
ATTEST: REPUBLIC SERVICES OF NORTH
CAROLINA, LLC D.B.A. UPPER
PIEDMONT REGIONAL LANDFILL
By:
By:
[Corporate Seal]
Shane Walker
Vice President
Date: _________________________________
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65