BOC Minutes December 7 2015
December 7, 2015
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PERSON COUNTY BOARD OF COMMISSIONERS DECEMBER 7, 2015
MEMBERS PRESENT OTHERS PRESENT
Kyle W. Puryear Heidi York, County Manager
David Newell, Sr. C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Jimmy B. Clayton
Tracey L. Kendrick
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, December 7, 2015 at 7:00pm in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Puryear called the meeting to order and asked for a moment of silence in
memory of Mr. Jimmy Melton, long-time fire chief for Triple Springs and in remembrance
of the 74th anniversary of the attack on Pearl Harbor. Commissioner Kendrick gave an
invocation and Vice Chairman Newell led the group in the Pledge of Allegiance.
Chairman Puryear turned the gavel over to the County Attorney to preside over the
meeting for the Organization of the Board.
ORGANIZATION OF BOARD:
County Attorney, Ron Aycock presided over the meeting and explained the rules
of procedure for the election of Chairman and Vice-Chairman noting reorganization of the
board of commissioners is held at the first meeting in December for a term of the ensuing
year.
Mr. Aycock presided over the election of the Chairman of the Board of
Commissioners and opened the floor for nominations.
Commissioner Puryear nominated Commissioner Newell as Chairman.
Commissioner Jeffers nominated Commissioner Clayton as Chairman.
A motion was made by Commissioner Kendrick and carried 5-0 to close
nominations for Chairman.
Mr. Aycock stated the vote for Chairman would take place by show of hands in the
reverse order.
By show of hands, Commissioners Jeffers and Clayton voted to elect
Commissioner Clayton as Chairman.
By show of hands, Commissioners Puryear, Kendrick and Newell voted to elect
Commissioner Newell as Chairman.
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Commissioner Newell was elected Chairman by a majority vote 3-2.
County Attorney Aycock opened the floor for nominations for Vice Chairman of
the Board of Commissioners.
Commissioner Puryear nominated Commissioner Kendrick as Vice Chairman.
Commissioner Clayton nominated Commissioner Jeffers as Vice Chairman.
A motion was made by Commissioner Puryear and carried 5-0 to close the
nominations for Vice Chairman.
Mr. Aycock stated the vote for Vice Chairman would take place by show of hands
in the reverse order.
By show of hands, Commissioners Clayton and Jeffers voted to elect
Commissioner Jeffers as Vice Chairman.
By show of hands, Chairman Newell and Commissioners Kendrick and Puryear
voted to elect Commissioner Kendrick as Vice Chairman.
Commissioner Kendrick was elected Vice Chairman by a majority vote 3-2.
APPROVAL OF BONDS FOR THE FINANCE DIRECTOR, THE REGISTER OF
DEEDS, THE SHERIFF, AND THE TAX ADMINISTRATOR:
County Attorney, Ron Aycock stated Chapter 161(Register of Deeds) and 162
(Sheriff) of the North Carolina General Statutes requires the Board of County
Commissioners to approve the official bonds at the first meeting in December. The Bonds
are a continuation of existing bonds and were secured by the County Human Resources
Director, who also serves as Insurance Liaison. The Human Resources Director provided
information that the Sheriff’s bond, in the amount of $25,000, is for the length of his term.
The Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each for the
Tax Administrator and Finance Director (amount of each Bond is dictated by legislature).
Mr. Aycock requested Board approval of the Bonds of the Finance Director, the
Register of Deeds, the Sheriff and the Tax Administrator as presented.
A motion was made by Commissioner Clayton and carried 5-0 to approve the
Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each for the Tax
Administrator and Finance Director as well as $25,000 for the Sheriff.
December 7, 2015
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DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
PUBLIC HEARING:
CONSIDERATION TO REPEAL PERSON COUNTY’S ORDINANCE
PERMITTING THE POSTING OF SIGNS TO PROHIBIT THE CARRYING OF
CONCEALED HANDGUNS ON CERTAIN COUNTY PROPERTY:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for consideration to repeal Person County’s Ordinance permitting
the posting of signs to prohibit the carrying of concealed handguns on certain county
property.
County Attorney, Ron Aycock stated at the Board’s November 16, 2015 meeting,
Commissioners discussed the County’s current Ordinance to permit the posting of signs on
County property prohibiting the carrying of concealed handguns and expressed interest in
repealing it. Mr. Aycock noted the law allowed the Board to adopt an ordinance to repeal
by a simple majority vote since it has been discussed at a previous meeting. Mr. Aycock
further noted that the Board may also partially repeal the law with the same procedural
requirements. Mr. Aycock outlined the following effects of a total repeal of the County’s
current ordinance:
1- Concealed carry will be allowed in and on all county properties and activities
whether or not a fee is charged for admission--- Ex: recreation games and events,
museum, etc. Mr. Aycock noted state law was amended that excepted concealed
carry permit holders from coverage and prohibition on ticketed events.
2- Concealed carry will not be allowed at the Kirby Theatre since it is under the
control of the community college,
3- Concealed carry will not be allowed in the portion of the Morgan Street
administration building controlled by the school board,
4- Concealed carry will not be allowed in the judicial portions of the courthouse, but
perhaps will be allowed in other areas, i.e.: guardian ad litem
5- Concealed carry will not be allowed at recreation department activities on school
property such as school gyms and athletic fields, and
6- Concealed carry will be allowed at the new Roxplex athletic complex.
Mr. Aycock provided the Board with a new Ordinance for Repeal for consideration
should the Board deem appropriate.
Chairman Newell called the following individuals who had signed up to appear
before the Board to speak in opposition to repeal Person County’s Ordinance permitting
the posting of signs to prohibit the carrying of concealed handguns on certain county
property:
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Mr. Michael Lloyd of 87 Rocky Ridge Road, Roxboro and a current middle school
teacher stated his confidence in law enforcement advocating for the county’s ordinance to
remain in effect. Mr. Lloyd asked the Board to consider surveying the county employees
to ask them how they feel about repealing the ordinance. Mr. Lloyd recommended if the
ordinance was repealed to budget for law enforcement in each county building.
Mr. Carlton Paylor, Director of Person County Department of Social Services
(DSS) located at 355B South Madison Boulevard, Roxboro pleaded with the Board not to
allow guns on DSS property. Mr. Paylor explained the nature the array of services offered
often results in emotional, stressful and volatile reactions. Mr. Paylor respectively
requested consideration for law enforcement officers to be included in the budget, one for
each human services agency: mental health, health department and DSS.
Ms. Sandy Pleasant of 465 Yarbrough Road, Roxboro described an unsettling
incident that happened to her when she worked in the courthouse just prior to the
prohibition of concealed carry handguns. Ms. Pleasant stated the safety of employees is of
upmost importance.
Mr. Robert Trotter of 117 Hill Street, Roxboro and former DSS employee
advocated for the county ordinance to remain as it stands.
Ms. Amanda Weaver, Children’s Librarian of Person County’s Library and citizen
of 103 S. Morgan Street, Roxboro asked the Board not to change ordinance noting the
county library has many patrons from all walks of life and feels it will be an unsafe
environment should guns be allowed.
Mr. Robert Allen of 549 Old City Lake Road, Roxboro posed a question to the
Board referencing the recent shootings in San Bernardino and Sandy Hook. He asked did
guns save the lives of those people.
Chairman Newell called the following individuals who had signed up to appear
before the Board to speak in support to repeal Person County’s Ordinance permitting the
posting of signs to prohibit the carrying of concealed handguns on certain county property:
Mr. Frank Stevenson, Jr. of 280 Canal Circle, Semora said the county’s ban on
concealed carry weapons was denying law abiding citizens the right to defend themselves.
Ms. Patricia “PJ” Gentry of 541 Byrd Creek Lane, Hurdle Mills said the common
theme in mass shootings was that they occurred in gun-free zones. Ms. Gentry stated by
allowing concealed carry, the possibility would exist that someone could stop a killer. Ms.
Gentry advocated to repeal the ordinance and remove the signs at county buildings.
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Ms. Nancy Winter of 925 Frank Street, Roxboro stated support to repeal the county
ordinance noting concealed carry is an equalizer for stronger defense.
Mr. Chris Hardin of 7354 Buckland Drive, Brown Summit, NC and US 6th District
Congressional candidate with a background in law enforcement stated support to repeal the
ordinance locally and across the state.
Mr. Bruce Wrenn of 105 Warren Lane, Semora advocated for the repeal of the
ordinance noting safeguards are in place with the Sheriff restricting permits based on
background checks. Mr. Wrenn stated gun free zones kill people and told the Board the
blood was on their hands when they make that decision.
Mr. Andy Withers of 42 Lakeview Estates Road, Semora spoke in favor of the
ordinance to be repealed as rights are being denied to concealed carry permit holders.
Mr. Andy Stevens of 2109 Leona Drive, Greensboro and a member of Grass Roots
North Carolina advocating for the Second Amendment rights and constitutional freedoms.
A motion was made by Vice Chairman Kendrick and carried 5-0 to close the
public hearing for consideration to repeal Person County’s Ordinance permitting the
posting of signs to prohibit the carrying of concealed handguns on certain county property.
CONSIDERATION OF AN ORDINANCE TO REPEAL THE PERSON COUNTY
ORDINANCE PERMITTING THE POSTING OF SIGNS TO PROHIBIT THE
CARRYING OF CONCEALED HANDGUNS ON CERTAIN COUNTY
PROPERTY (SECOND READING):
A motion was made by Vice Chairman Kendrick to repeal the County’s current
Ordinance permitting the posting of signs to prohibit the carrying of concealed handguns
on certain county property.
Commissioner Jeffers asked the County Manager about any concerns voiced by
employees. County Manager, Heidi York stated she has received approximately 10-15
emails from county employees noting all were opposed. Commissioner Jeffers stated as
Chairman of the Dept. of Social Services Board, he would have to vote in opposition to the
full repeal of the ordinance so to stand up for the employees.
Commissioner Clayton said by keeping the concealed carry signs in place, the
Board may be preventing an individual with training who might help out and people have
a right to defend themselves.
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A substitute motion was made by Chairman Newell to repeal the County’s current
Ordinance permitting the posting of signs to prohibit the carrying of concealed handguns
on certain county property with the exception of in the Person County Human Services
Building to which open carry and concealed carry of weapons will be specifically
prohibited. Chairman Newell, to procedurally correct the motion to an amended motion,
per the recommendation of the County Attorney, amended the motion and carried 3-2.
Chairman Newell and Commissioners Clayton and Jeffers voted in favor to amend the
motion. Vice Chairman Kendrick and Commissioner Puryear cast the dissenting votes.
An amended motion was made by Chairman Newell and carried 3-2 to repeal the
County’s current Ordinance permitting the posting of signs to prohibit the carrying of
concealed handguns on certain county property with the exception of in the Person County
Human Services Building to which open carry and concealed carry of weapons will be
specifically prohibited. Chairman Newell and Commissioners Clayton and Jeffers voted
in favor of the amended motion. Vice Chairman Kendrick and Commissioner Puryear cast
the dissenting votes noting by picking and choosing sites, personal feelings are obstructing
citizen’s Second Amendment rights; guns are not the problem, people are the implementer.
Commissioner Jeffers stated that by repealing the ordinance does not infringe on
anyone’s Second Amendment right as they are allowed to open carry already.
County Attorney, Ron Aycock reviewed the explanation of procedural
requirements that allowed the Board to take action by a simple majority noting that at the
Board’s last meeting, the Board proposed a repeal. That discussion of a repeal takes with
it any such amendment(s) to that proposed ordinance. Mr. Aycock summarized the Board’s
action of the Ordinance was an amendment with a partial repeal.
County Attorney, Ron Aycock prepared during the meeting an updated Ordinance
to partially repeal the Person County Ordinance permitting the posting of signs to prohibit
the carrying of concealed handguns on certain county property and to prohibit open carry
in the Human Services Building to reflect the action taken by the Board. Mr. Aycock
proposed in his Ordinance an effective date of January 1, 2016 in order to give staff an
opportunity to remove and install the appropriate signage.
A motion was made by Commissioner Clayton and carried 5-0 to adopt an
Ordinance to partially repeal the Person County Ordinance permitting the posting of signs
to prohibit the carrying of concealed handguns on certain county property and to prohibit
open carry in the Human Services Building with an effective date of January 1, 2016.
December 7, 2015
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December 7, 2015
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PUBLIC HEARING:
REQUEST BY PENNINGTON LAW FIRM, LLC FOR VERIZON WIRELESS
FOR A SPECIAL USE PERMIT FOR A 199 FOOT CELL TOWER ON TAX MAP
A58 PARCEL 8, ON WOODSDALE ROAD, WOODSDALE TOWNSHIP:
A motion was made by Vice Chairman Kendrick and carried 5-0 to open the duly
advertised public hearing for a request by Pennington Law Firm, LLC for Verizon Wireless
for a Special Use Permit for a 199 foot Cell Tower on Tax Map A58 Parcel 8, on
Woodsdale Road, Woodsdale Township.
The public hearing set to hear a request by Pennington Law Firm, LLC for Verizon
Wireless for a Special Use Permit for a 199 foot Cell Tower on Tax Map A58 Parcel 8, on
Woodsdale Road, Woodsdale Township required a quasi-judicial zoning decision whereby
witnesses are to be sworn in and subject to cross examination, no ex parte communication
and requires findings of fact. Chairman Newell administered the Oath of Sworn Testimony
to the following individuals who would offer testimony during the public hearing:
Laura Goode, Graham Herring and Mike Ciriello
Planning Director, Michael Ciriello stated the County has received a Special Use
Permit request from Pennington Law Firm, LLC, representing Verizon Wireless, and
property owners Ben Owen and Janell Ogelsby to construct a 199 foot (which includes a
ten foot lightning rod) wireless telecommunications facility within a 100x100 (10,000)
square foot lease area on Tax Map A58 Parcel 9 on Woodsdale Road, SR 1326. The lot
consists of 42.77 acres which is mostly wooded with some open land. A monopole tower
that will accommodate four carriers was proposed. A telecommunication facility is allowed
with a Special Use Permit in a Rural Conservation Zoning District. Mr. Ciriello stated the
proposed cell tower plan was in compliance with the County’s setback requirements and
conditions of the County’s ordinance.
Mr. Ciriello stated the Planning Board held a Public Hearing on November 5, 2015
and voted unanimously (7-0) to recommend approval of the request for a Special Use
Permit for the Verizon Telecommunication tower. The favorable recommendation of the
Planning Board included that it met the findings of fact in Section 74-4 and that the use
was consistent with the comprehensive plan.
December 7, 2015
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Planning staff recommended the following considerations and conditions to be
attached to the permit:
1) The Applicant shall provide a complete structural report, with calculations, to be
reviewed and verified prior to the issuance of the Building Permit.
2) The tower shall have a finished height of no more than the permitted height above
pre-construction grade.
3) The self-support tower shall be completely constructed and ready for use no later
than 24 months from the date of the Special Use Permit or the Permit shall be
deemed to have expired and of no use or effect.
4) The applicant is responsible to have an engineer certify that the tower meets the
requirements of the approved plans prior to the issuance of a Certificate of
Occupancy.
5) Verizon Wireless shall not be permitted to actually provide service commercially
until the Certificate of Occupancy or its functional equivalent is issued or risk
forfeiting its Permit.
6) Prior to a building permit, need signed drawings by a licensed engineer certifying
that it will meet local, state and federal building codes and structural standards.
Speaking in favor of the request by Pennington Law Firm, LLC for Verizon
Wireless for a Special Use Permit for a 199 foot Cell Tower on Tax Map A58 Parcel 8, on
Woodsdale Road, Woodsdale Township was the following individuals:
Ms. Laura Goode with Pennington Law Firm, LLC of 1501 Main Street, Suite 600,
Columbia, South Carolina represented Verizon Wireless in their application for a Special
Use Permit for the proposed wireless facility. Ms. Goode gave the Board a presentation
packet titled Application for Zoning Approval By Cellco Partnership D/b/a/ Verizon
Wireless for the Construction of a Wireless Telecommunication Tower and Related
Appurtenances (Spuntech Site).
Ms. Goode recognized the property owner, present in the audience to show his
support for the proposal, Mr. Ben Owen.
Ms. Goode introduced into evidence the following:
1) a copy the application as filed with Exhibits 1-15,
2) a copy of the presentation packet titled Application for Zoning Approval
By Cellco Partnership D/b/a/ Verizon Wireless for the Construction of a Wireless
Telecommunication Tower and Related Appurtenances (Spuntech Site),
3) a copy of Federal Communications Commission NEPA Review; Ms.
Goode stated approval was received December 7, 2015 in which provided an
electronic copy to the Planning Department, and
4) the revised construction drawings, as previously submitted Exhibit 6 to
the application with the only change being at the request of the Planning
Department that the access road be widened from 12 feet to 20 feet.
December 7, 2015
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All evidence introduced by Ms. Goode (noted individually above) is hereby
incorporated into the minutes by reference and filed in the Office of the Clerk.
Ms. Goode stated the proposed Wireless Telecommunication Facility will be
owned and operated by Verizon Wireless and the reason that Verizon requested this
specific facility at this specific location was because a capacity offload of the existing two
Verizon Wireless sites located in downtown Roxboro and Roxboro East was needed. Ms.
Goode stated there was excessive demand by the wireless customers for data and/or internet
in the area Verizon is trying to service and exceeds the capacity, thus the request for the
new facility. In terms of the site itself, it will be located on a parcel of land that is zoned
Rural Conservation in which telecommunication towers are permitted as a special use. Ms.
Goode provided a blown up version of the overall site plan, detailed site plan showing the
fall zone, if the tower were to fail, would be contained inside the property and would not
cross any property lines with over 500 feet of setback from the adjacent public right-of-
way and shows the location in the middle of a field and surrounded on pretty much all sides
by existing natural tree lines to provide a buffer to the surrounding area. Ms. Goode noted
as Mr. Ciriello stated the tower will be a 199 ft. tall tower and also designed to
accommodate three additional wireless providers. Ms. Goode stated she included in the
presentation how they meet each of the required ordinance provisions as well as laid out in
the application submitted. In the interest of time, Ms. Goode pointed the Board to page 19
of the presentation for the specific requirements for a special use permit and the finding of
fact that the Board must make regarding the request. Ms. Goode stated the first requirement
was to submit a site plan which was done with the application as well as no material impact
to adjoining or abutting property values. Ms. Goode introduced Mr. Graham Herring as
the preparer of the real estate impact study that was submitted as application exhibit 12.
Ms. Goode stated Mr. Herring would be give his expert opinion and requested the Board
to accept him as an expert to briefly speak of the findings in his report. Additionally, Ms.
Goode stated the proposed facility is a public necessity to aid in emergency response to
911 calls and also due to the increase demand in wireless services to not negatively impact
adjoining or abutting property values.
Ms. Goode noted the following specific findings of fact:
1. The facility will not materially endanger public or safety; only help with
responding to 911 calls, considering people only have wireless
telephones in order to make 911 calls; helps with technology that police
officers have in their vehicles, that EMS responders have in their
vehicles to be able to transmit important information to hospitals. Ms.
Goode noted almost 50% of American families and households have
wireless service as their only means of telecommunication. The facility
will be in compliance with all state, federal and local regulations with
no hazard to air traffic as well as in compliance with federal regulations,
environmental regulations as evidenced by the NEPA compliance
submitted and the fall zone will not cross any property lines.
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2. The facility will meet all required conditions and specifications; the
handout and application as submitted show how each requirement has
met the Person County ordinance.
3. The facility will not substantially injure the value of adjoining or
abutting property.
4. The location of the use and the charter of the use will be in harmony
with the area and in general conformity with the Comprehensive Plan.
Ms. Goode stated right across the street from Woodsdale Road is a
substantial solar farm and to the southeast is Spuntech Industrial, a
substantial processing facility; the facility will be set back from the road
over 500 ft with natural vegetation surrounding the facility. Ms. Goode
stated an overhead view is illustrated in the packet so the Board can see
how it will fit into the general area as well as some photos taken at the
site.
In terms of being in conformity of the Comprehensive Plan, Ms. Goode stated the
future land use for this area is suburban residential and allows for industrial uses such as
the proposed facility as long as it has access to a secondary road which it will have access
off the Woodsdale Road as long as it is in proximity to similar uses (solar farm & Spuntech
Industries) and it will have spatial separation from non-compatible uses. Ms. Goode noted
there are no adjacent residentially zoned properties and there will be a natural tree line to
screen any residential facilities on a non-residential zoned property. Ms. Goode state there
is a comprehensive plan goal to support and enhance economic growth in Person County
noting the increase in wireless demand, the increase in capacity from the proposed site will
only help to grow economic growth in Person County.
Ms. Goode stated her availability to answer any questions and respectively
requested the special use permit be approved by the Board.
Mr. Graham Herring, GRI of 8052 Grey Oak Drive, Raleigh, NC, and a licensed
NC broker with emphasis on wireless industry for the last 26 years, from Florida to Virginia
stating he had testified before this Board on numerous occasions as an expert witnesses
based on proposal evaluation, any adverse influence, indemnities to value that might be
created from one of the wireless facilities. Mr. Herring stated that Verizon employed him
to go out and look at this site personally and look at the surrounding area to see if there
was any adverse influence, indemnities to value that might be created by the planned
facility. Mr. Herring stated his finding after looking at it and the comparable towers in the
immediate area of Person County and Roxboro that this facility, built as planned, would
provide no opportunity for adverse influence, indemnities to value on the adjoining
properties. Mr. Herring noted his credentials are included in the submitted impact
statement and the documentation provided for the application. Mr. Herring stated his
availability to answer any questions by the Board.
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Vice Chairman Kendrick asked the County Manager about the impact the Board’s
recent vote to put the 911 towers in basically the same territory zone. County Manager,
Heidi York asked the Assistant County Manager, Sybil Tate to respond. Ms. Tate stated
there would be no impact noting the public safety sites have been chosen for public safety
reasons. Ms. Tate stated the 911 towers will be built to allow to cell carriers to put their
equipment on them, thereby in competition with them but no impact related to the
functionality of the 911 towers.
Vice Chairman Kendrick asked whether the recent changes in the cell tower
regulations in the County’s ordinance have any impact on the cell tower now versus prior
to the repeal of the wireless ordinance. Ms. Goode responded that when she called to start
the application process, she was going off the old ordinance and was told by the Planning
Board, specifically by Mr. Mike Ciriello, that the old ordinance had been repealed. Ms.
Goode noted she was given a general handout, a word document that included the
ordinance provisions to meet which included just set-backs. Mr. Ciriello added zones in
addition to set-backs. Ms. Goode stated in their application, exhibit 1 they had laid out
point by point how they met each regulation. Ms. Goode stated it was not a factor in their
decision to locate at this point in time, but more so the need for increased capacity to offload
the two existing sites in Roxboro. Vice Chairman Kendrick stated the Board had done the
studies and made the decision to put the facilities in the areas chosen and obviously Verizon
did their homework to figure out what was their optimal coverage noting they are fairly
close.
Commissioner Jeffers said the Board chose ours too because we did not have to pay
for the property.
No one appeared before the Board to speak in opposition to the request by
Pennington Law Firm, LLC for Verizon Wireless for a Special Use Permit for a 199 foot
Cell Tower on Tax Map A58 Parcel 8, on Woodsdale Road, Woodsdale Township.
Chairman Newell asked if there was anyone else that wanted to be heard at the
public hearing. Hearing none, a motion was made by Commissioner Jeffers and carried
5-0 to close the public hearing for a request by Pennington Law Firm, LLC for Verizon
Wireless for a Special Use Permit for a 199 foot Cell Tower on Tax Map A58 Parcel 8, on
Woodsdale Road, Woodsdale Township.
December 7, 2015
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CONSIDERATION TO GRANT OR DENY REQUEST BY PENNINGTON LAW
FIRM, LLC FOR VERIZON WIRELESS FOR A SPECIAL USE PERMIT FOR A
199 FOOT CELL TOWER ON TAX MAP A58 PARCEL 8, ON WOODSDALE
ROAD, WOODSDALE TOWNSHIP:
A motion was made by Commissioner Clayton and carried 5-0 to grant the
request by Pennington Law Firm, LLC for Verizon Wireless for a Special Use Permit for
a 199 foot Cell Tower on Tax Map A58 Parcel 8, on Woodsdale Road, Woodsdale
Township as recommended by the Planning Board that it met the findings of fact in Section
74-4 and that the use was consistent with the comprehensive plan.
INFORMAL COMMENTS:
Chairman Newell called the following individuals to appear before the Board to
make informal comments within a time limit of 3.5 minutes each:
Ms. Frances Blalock of 1504 Surl Mt. Tirzah Road, Timberlake stated her lack of
confidence in the Board related to the landfill issues and the sacrifice of the lives of those
citizens living around the landfill. Ms. Blalock stated the S&G financial report to be
influenced and biased for the landfill and a waste of taxpayer money. Ms. Blalock noted
there are revenues to defray proposed cost increases left out, unknown expenses, and
designated funding to improve the quality of life of those citizens along 158 not included
in the report as well as they did not show how meeting the waste reduction goal would
eliminate some of the costs. Ms. Blalock passed to each board member a survey and a
stamped, self-addressed envelope and requested each to complete and mail to her.
Mr. Phillip Allen of 213 Crestwood Drive, Roxboro, and president of Thompson-
Allen, Inc., and a licensed appointed broker for Coventry Health Care of the Carolinas, Inc.
presented the County Manager a refund check in the amount of $272,887 that resulted from
a provision Person County had with Coventry in the event its loss ratio during the July 1,
2014 – July 1, 2015 benefit period was favorable.
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont gave the Board a map
delineating the streams that the Republic Industries’ landfill has destroyed. Ms. Blalock
referred to an article and spoke of the promises made 20 years ago by the Board that the
landfill would be closed; otherwise the citizens will have a sentence of death, unsafe water
to drink, and no tax revenue for the potential hundred homes that could be in that
community.
Mr. Robert Allen of 549 Old City Lake Road, Roxboro urged the Board to proceed
with making the new senior center facility a reality.
December 7, 2015
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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 November 16, 2015,
B. Approval of Minutes of November 19, 2015,
C. Budget Amendment #12,
D. Public School Building Capital Fund NC Education Lottery Application in the
amount of $40,000 to renovate current football stadium press box and
concession building at high school, and
E. Home & Community Care Block Grant additional available funding for FY16
UNFINISHED BUSINESS:
PROPOSAL FOR ENGINEERING AND DESIGN SERVICES FOR THE SENIOR
CENTER:
County Manager, Heidi York stated at the Board’s November 16, 2015 meeting,
this item was tabled and requested to be brought back with the Architect present to answer
questions related to the design agreement for the Senior Center. HH Architecture was
selected through a competitive bidding process to provide design and construction
administration services for this project. Ms. York reminded the Board’s that at its October
5, 2015 meeting, by a vote of 5-0, the Board elected to demolish the existing two-story
12,000SF building and construct a new one-story 12,000SF building. In addition to the new
Center, the Board requested the design of a park to be located on a vacant lot along Depot
Street.
The proposal for design services included the following phases at the basic fee of
$278,600:
Schematic Design $38,300
Design Development $51,100
Construction Documents $80,400
Bidding $14,400
Construction Administration $84,000
Closeout $10,400
$278,600
December 7, 2015
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Additional fees recommended, but not required, by HH Architecture:
Hazardous Materials Abatement Design $4,500
3D Building Renderings $7,200
Rendered Site Plan $2,600
Irrigation Design $2,600
Existing Site Conditions Survey $11,400
Subsurface Utility Designation $8,300
$36,600
The total basic plus additional fees for the proposed engineering and design services
totaled $315,200. Ms. Kristen Hess of HH Architecture told the Board that the $315,200
outlined above included the estimated total $2,871,996 (Option B) approved on October 5,
2015. The Board also approved on October 5, 2015 up to $84,000 to be expensed on the
new park development which included basketball courts. Ms. Hess asked the Board to be
flexible with the spending within the total $2.8M cap noting she would seek approval from
the Board prior to any additional fees spent for the optional items. Ms. Hess said that she
has been and will continue to be cautious with spending as she has only spent the funds
necessary to this point, i.e. preliminary study for structural. The underwater utilities and
foundation issues studies are forthcoming. Furthermore, there are items remaining to be
tested, i.e. roof. Ms. Hess sought approval from the Board to get the project under contract
for further study. Once further studies and thorough analysis and investigation have been
completed, Ms. Hess stated she could provide the Board with better answers and offered
to update the Board as often as needed.
Ms. York noted the County would need to advance funds from the General Fund to
cover this cost and will receive reimbursement once the financing of the project is secured.
A motion was made by Commissioner Jeffers and carried 5-0 to approve HH
Architecture Engineering and Design Fees for the Senior Center as included in project cost
of $2.8M with the understanding that any additional funds for optional items will be
approved by the Board. It was the consensus of the Board to authorize the County Manager
to execute the service agreement for engineering and design services with HH Architecture.
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NEW BUSINESS:
SOLID WASTE STUDY COST ANALYSIS:
Assistant County Manager, Sybil Tate acknowledged and thanked the Person
Industries’ staff that assisted with Smith&Gardner’s recent waste audit. Those staff were
Becky Clayton, Amanda Everett, Jody Suitt, and Rhonda Gentry.
Ms. Tate reminded the group that at the November 2, 2015 Board meeting,
Smith&Gardner was asked to further examine three waste management options. These
options were 1) renew the franchise agreement with Republic, 2) open a privately-owned
and operated transfer station, and 3) direct haul to Granville County.
Ms. Tate introduced Ms. Joan Smyth, Senior Hydrogeologist and Mr. Mike
Brinchek, Senior Project Manager, with Smith&Gardner for questions. Mr. Brinchek gave
the Board the following presentation:
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Note: The amount to be paid to the County under this option will be dependent upon
contract negotiations.
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Below is a table that summarizes the costs associated with each option based on using
contractors (not employees) with today’s cost value:
Option 2A and 2B consists of four convenience centers, each in a parking lot with
dumpsters.
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This chart illustrates the revenue that would be required to offset the costs over 30 years.
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Mr. Brinchek noted the tipping fee for the transfer station would be developed
based on tonnage expected to pay for the facility. He further noted if the tonnages turn out
to be lesser than expected, then a deficient would result. Mr. Brinchek stated there are few
options around the area so the expectation would be that most private haulers and the city
would use the transfer station. The transfer station would rely on the tipping fee and the
convenience centers would rely on another mechanism for payment because it is cost
prohibitive to place scales at those facilities. Mr. Brinchek stated some communities rely
on a household fee to cover those costs or pay as you go with pre-purchased bags/tags to
be used at the convenience center.
Mr. Brinchek stated the report presented was based on current year tonnage of
disposed waste only.
Commissioner Clayton asked about the assumption that Gravnille County would
accept Person County’s waste. Mr. Brinchek said that the study should not be taken any
further until there is an approval from Granville County confirming they would accept
waste from Person County. Commissioner Clayton suggested that a formal request be
made by Person County’s County Manager to Granville County’s County Manager to take
before their board of commissioners.
Mr. Brinchek stated if Granville County will not take Person County’s waste that
would take direct haul off the table unless another private facility is willing to accept the
waste due to the significant cost burden to the City of Roxboro and the citizens of the
county. When asked if there was another facility that may be close to Person County that
may negotiate, Mr. Brinchek stated the closest facility would be in Virginia (First
Piedmont, north of Danville). Commissioner Clayton suggested asking the manager to
investigate both facilities about options to accept Person County’s waste.
A motion was made by Commissioner Clayton and carried 5-0 to direct the County
Manager to investigate options with both facilities (Granville County and First Piedmont
of Danville) to accept Person County’s waste.
Chairman Newell called a brief recess at 9:35pm. The meeting was reconvened at
9:41pm.
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PERSON COUNTY SCHOOLS FACILITY NEEDS SURVEY:
Larry King, Senior Director of Auxiliary Services of Person County Schools
presented to the Board the 2015-2016 Division of Public Instruction (DPI) Facility Needs
Survey Long Range Plan for Person County Schools both for projects within five years and
ten years. Mr. King stated that NC DPI required Person County Schools to complete this
survey every five years to assess future needs and list all improvements and additional
facilities needed to accommodate projected enrollments through the 2020-2021 school year
and improvements to existing facilities to provide safe, comfortable environments that
support educational programs at its ten traditional schools (7 elementary, 2 middle and 1
high school). Mr. King advised that the Earl Bradsher Preschool nor the Learning Academy
was included in the survey. Person County officials were asked to review the report and
acknowledge receipt. Mr. King stated his presentation of the school’s needs was intended
to make the Board aware of potential renovations and does not necessarily constitute
endorsement of or commitment to fund the projects in the Facility Needs Survey.
The Board received and reviewed the survey as presented by Mr. King.
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ENVIRONMENTAL ISSUES ADVISORY COMMITTEE UPDATE:
Jason Torian, a member representative of the Environmental Committee on behalf
of its Chairman, Ken Hill updated the Board on recent activities.
Mr. Torian said the committee has a member representative from each of the
County’s townships and encourages citizens to let the committee members know of any
environmental issues within the county. Mr. Torian noted the committee meets bi-monthly
and has discussed various topics and goals; some of which include:
• Discussing the use of chemical pesticides in home landscaping and home
gardening with a recent presentation from Aaron Puryear who works with a
landscaping company that uses organic landscaping practices,
• Recycling and waste reduction efforts in the schools,
• Canvass of local businesses in July to get an idea of how many businesses are
currently recycling and why those who are not choose not to. A recycling guide
was given to the local businesses. Of the 100 businesses contacted, about 40
said they were recycling. Some of the larger retailers have interests in
increasing their recycling efforts, i.e. Dollar Generals, Walmart and Just-Save
that cannot commit resources to have recycling picked up and transported. Mr.
Torian noted a lack of education community wide related to recycling. Smaller
businesses indicated interest in having recycling containers placed at their
locations, i.e. Pet Sense noted all their other locations recycle but they do not
because the City of Roxboro does not have a recycling program to pick up
recycling containers.
Mr. Torian asked the Board if the County could come up with a creative solution
to allow for regular recycling pick up for Person County businesses, particularly the City
of Roxboro businesses that want to recycle.
Mr. Torian commented that the Smith&Gardner report does not include any
provision for recycling noting the state of NC’s goal for Person County to recycle 40% of
its solid waste compared to only 5% of Person County’s waste being recycled at this time.
Mr. Torian asked the Board to consider these findings when making future solid waste
decisions, especially those decisions regarding efforts to increase our recycling rates.
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APPOINTMENTS TO BOARD AND COMMITTEES:
The Person County Board of Commissioners solicited volunteers to fill positions
on the following boards, commissions, authorities, and committees through advertisement
in the Courier-Times edition dated November 14, 2015 with notice to submit applications
by the deadline of December 1, 2015. The highlighted boards denote a competitive board
and are eligible for the informal interview process should the Board desire this process to
aid them in making appointments. Should the Board be interested in holding the informal
interview process for some or all the competitive boards, Clerk to the Board, Brenda
Reaves requested the Board to set the informal interview date so that she may organize and
inform the applicants.
Ms. Reaves presented interested citizen applications for consideration for
appointment. The Board of Commissioners are encouraged to recruit citizens to fill the
current vacancies for those which no applications have been received.
- Adult Care Home Community Advisory Committee
1-Year Initial Term; 3-Year Reappointment: 1 position available
1) Carol Reed requested reappointment
A motion was made by Commissioner Puryear and carried 5-0 to reappoint Carol
Reed to the Adult Care Home Community Advisory Committee for a 3-year term.
- Airport Commission
3-Year Term: 1 position available
1) Henry Newell requested reappointment
A motion was made by Commissioner Puryear and carried 5-0 to recuse Chairman
Newell from the vote on applicant, Henry Newell to the Airport Commission.
A motion was made by Commissioner Jeffers and carried 4-0 to reappoint Henry
Newell to the Airport Commission for a 3-year term.
- Board of Adjustment
Unspecified Term: 1 position for an alternate
No applications received.
- Industrial Facilities and Pollution Control Financing Authority
6-Year Term; 2 positions available
No applications received.
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- Juvenile Crime Prevention Council
1-Year Initial Term; 2-Year Reappointment
1 position for a representative of Parks and Recreation;
1) John Hill requested reappointment
1 position for a substance abuse professional;
No applications received.
2-Year Term:
1 position for a Juvenile Defense Attorney;
No applications received.
1 position for a representative of the local school system;
1) Joan Kister requested reappointment
1 position for the Sheriff or his designee;
1) Deputy Sheriff Mark Sharlow requested appointment
1 position for the Chief Court Counselor:
1) David R. Carter requested reappointment
1 position for a representative of Mental Health
No applications received.
A motion was made by Commissioner Puryear and carried 5-0 to reappoint John
Hill (Parks and Recreation), Joan Kister (local school system) and David Carter (Chief
Court Counselor) as well as to appoint Deputy Mark Sharlow (Sheriff’s designee) to the
Juvenile Crime Prevention Council each for a 2-year term.
- Nursing Home Advisory Committee
1-Year Initial Term; 3-Year Reappointment; 3 positions available
1) Carol Reed requested reappointment
2) Amy Bailey Fox requested appointment
A motion was made by Commissioner Jeffers and carried 5-0 to reappoint Carol
Reed for a 3-year reappointment and to appoint Amy Fox for an initial 1-year term to the
Nursing Home Advisory Committee.
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- Person Area Transportation System Board
3-Year Term; 4 positions available, seeking citizens that can represent or are
affiliated with
private industry
No applications received
public health
1) LeighAnn Creson requested reappointment
social services
1) Melinda Hudson requested reappointment
vocational services
1) Lisa Jeffreys requested reappointment
A motion was made by Commissioner Clayton and carried 5-0 to reappoint
LeighAnn Creson (public health), Melinda Hudson (social services) and Lisa Jeffreys
(vocational services) to the Person Area Transportation System Board, each for a 3-year
term.
- Tourism Development Authority
3-Year Term: 1 position available
1) Blossom Gardner requests appointment
2) Saundra Clemmons requests appointment
3) Tommy Winstead requests reappointment
It was the consensus of the Board to hold informal interviews with the applicants
of the Tourism Development Authority on January 4, 2016 starting at 6:30pm and by such,
the Clerk to the Board will notify each of the applicants.
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CHAIRMAN’S REPORT:
Chairman Newell had no report.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported he attended a NACo board of directors’ meeting in
Colorado Springs noting the following issues were discussed:
• Department of Labor’s review for overtime pay for employees making $50,000
or lower as compared to the current rule at $23,000 or below;
• ADA accessibility requirements to potentially have a mechanism in place for
people with impairments to view or hear the meetings streamed online; and
• Opposition to Affordable Care Act imposing an excise tax of 40% starting in
2018 on health plans whose value is more than $10,200 for individual coverage
and $27,500 for a family (the tax only applies to the amounts that exceed the
threshold); also referred to as “Cadillac tax.”
Commissioner Jeffers added that Ms. Janet Hunt, former EMS employee has
passed.
Commissioner Clayton requested by former commissioner Frances Blalock be
added to the Board’s next agenda for an update of the Solid Waste status.
Vice Chairman Kendrick reported low ridership in the downtown loop over the last
year and said it may not survive if the ridership does not increase.
Commissioner Puryear congratulated Chairman Newell and Vice Chairman
Kendrick on their new roles for the Board.
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CLOSED SESSION #1
A motion was made by Vice Chairman Kendrick and carried 5-0 to enter into
Closed Session per General Statute 143-318.11(4) at 10:01pm to discuss matters relating
to the location or expansion of industries or other businesses in the area served by the public
body with the following individuals permitted to attend: County Manager, Heidi York,
Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Economic
Development Director, Stuart Gilbert, and Eaton representatives Bobby Psaropoulos,
Christopher Hess, Scott Bailey and Tim Krohn.
A motion was made by Vice Chairman Kendrick and carried 5-0 to return to open
session at 10:43pm
ADJOURNMENT:
A motion was made by Commissioner Jeffers and carried 5-0 to adjourn the
meeting at 10:43pm.
_____________________________ ______________________________
Brenda B. Reaves David Newell, Sr.
Clerk to the Board Chairman