BOC Minutes Feb 16 2015
February 16, 2015
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PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 16, 2015
MEMBERS PRESENT OTHERS PRESENT
Kyle W. Puryear Heidi York, County Manager
David Newell, Sr. C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Jimmy B. Clayton
Tracey L. Kendrick
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, February 16, 2015 at 9:00 am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Puryear called the meeting to order. Vice Chairman Newell was absent
until 9:24 am. Commissioner Kendrick led invocation and Commissioner Clayton led the
Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Kendrick and carried 4-0 to approve the
agenda.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Andy Withers of 42 Lakeview Estates Road, Semora addressed the Board on
his thoughts related to Person County pursuing a Unified Development Ordinance asking
why normal governance was not sufficient.
Mr. Johnny Lunsford of 179 Carrington Lane, Roxboro reminded the Board of the
Strategic Plan direction and the voters’ desire in 2008 to have adequate planning for a
Senior Center and a Recreation Center.
Ms. Margaret McMann of 303 Windsor Drive, Roxboro advocated for the Board to
approve the request for alcohol to be permitted at the Person County Museum, the Kirby
Theatre, Mayo Park Amphitheatre and the Mayo Educational Community Center noting
the opportunities to have great concerts and wedding venues at these locations.
Ms. Patricia “PJ” Gentry of 541 Byrd Creek Lane, Hurdle Mills and a commercial
real estate broker commended the work by the County and City officials toward finding a
Senior Center location but asked the Board to proceed cautiously as considering a
recreation center and pool noting the enormous expense and liability of such unless the
Board expenses the operations costs to those using the facility.
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Ms. Marji Stehle of 159 Possum Trot Lane, Semora expressed support for the Board
to approve the request for alcohol to be served on certain county property noting she agreed
with Margaret McMann’s comments. In addition, Ms. Stehle advocated for a senior center
combined with a recreational center noting the need of seniors to have access to water
aerobics as well as an opportunity to increase tourism and revenue.
Mr. Michael Slaughter of 435 Holly Springs Drive, Timberlake and a representative
of the Person County Arts Council noted his support of the request to serve alcohol on the
proposed county property facilities in a responsible manner.
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont gave the Board a handout
illustrating a map she drew outlining the streams nearby the landfill noting deaths, diseases
and elevated levels of toxics associated.
Ms. Blossom Gardner of 1001 Gardner Road, Roxboro and Chair of the Person
County Museum Board of Directors spoke in support of the request to serve alcohol on
county owned property noting the Museum Board will work hard to regulate events in a
responsible manner.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Kendrick and carried 4-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of January 20, 2015,
B. Approval of Minutes of February 2, 2015,
C. NC DOT Title VI Plan for Person Area Transportation System,
D. Budget Amendment #12, and
E. 3-Year Renewal of Audit Contract for Fiscal Years 2015-2017
Vice Chairman Newell arrived to the meeting and participated at this point in the
agenda.
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UNFINISHED BUSINESS:
SECOND READING OF THE REVISIONS TO THE ANIMAL SERVICES
ORDINANCE:
A motion was made by Commissioner Kendrick and carried 5-0 to revive
consideration for the Second Reading of the Revisions to the Animal Services Ordinance.
County Attorney, Ron Aycock explained the procedure that an ordinance requires
unanimous adoption at the First Reading or by a simple majority at the Second Reading.
Mr. Aycock noted that even as the Board did not take a vote at the First Reading, it is still
valid and counted for the introduction of the topic. Mr. Aycock confirmed any such vote
by the Board this date would prevail by majority vote.
County Manager, Heidi York stated the proposed revisions to the Animal Services
Ordinance were discussed at the Board’s February 2, 2015 meeting noting staff was
requested to clarify the exemption for hunting dogs both during hunting season and during
off seasons, as well as to determine whether the citations would be retained by the County
or given to the schools.
Ms. York told the group that both Sections 3 and 19 contained the proposed
revisions.
Mr. Aycock explained to the Board that Article IX section 7 of the NC constitution
provides as follows: "The clear proceeds of all penalties and forfeitures and of all fines
collected in the several counties for any breach of the penal laws of the State, shall belong
to and remain in the several counties, and shall be faithfully appropriated and used
exclusively for maintaining free public schools."
Ms. York noted the revised effective date was changed from April 1, 2015 to May
1, 2015 to allow time to educate citizens of the ordinance’s changes, if adopted by the
Board.
Commissioner Jeffers noted he was not supportive of the revisions to the Animal
Services Ordinance as he did not agree with the high fees nor the running at large rules
especially as the county does not have a leash law. Commissioner Jeffers asked if the
committee had looked at comparable fees from other counties. Animal Services Director,
Ron Shaw stated the Animal Services Committee spent a lot of time discussing the fees
and considered fees from other shelters. Commissioner Newell stated the county would
not accomplish its goal with the ordinance if the fees were not severe.
Chairman Puryear and Commissioner Kendrick stated agreement with
Commissioner Jeffers issue with animal running at large without a county lease law.
A motion was made by Commissioner Jeffers and failed 2-3 to amend the Citation
Violation Fees as follows:
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No current or displayed Rabies Tag From $50 to $25
Permitting a dog to run at large From $50 to $25
Allowing a female “in heat” to run at large From $100 to $25
Cruelty to animals Keep at $100
Interfering with an Animal Services Officer Keep at $100
Not surrendering animal for quarantine no fee
(strike from fees due to the law gives Officers the ability to take animal)
Nuisance From $100 to $25
Leaving a dangerous dog unattended unless
Confined indoors or in secrely enclosed and locket pen Keep at $100
Commissioner Jeffers and Chairman Puryear voted in favor of the motion. Vice
Chairman Newell and Commissioners Kendrick and Clayton voted in opposition to the
motion.
Chairman Puryear suggested the Board add this item to the work session topics to
discuss following the meeting.
A motion was made by Chairman Puryear and carried 3-2 to add this item to the
work session following the regular meeting. Chairman Puryear, Vice Chairman Newell
and Commissioner Kendrick voted in support of the motion and Commissioners Clayton
and Jeffers cast the dissenting votes.
NEW BUSINESS:
VOLUNTEER FIRE AND RESCUE CAPITAL FUNDING OPTIONS:
Finance Director, Amy Wehrenberg presented to the Board two possible capital
funding options for the Volunteer Fire and Rescue Agencies 1) Revolving Loan Program,
and 2) Capital Reserve Program. Ms. Wehrenberg included a summary of the structure,
funding elements, benefits, concerns, and on what basis the funds would be distributed
noting if either program should be chosen, staff would bring back a formal Policy and
Resolution for the next meeting that will include the authority necessary to transfer
remaining funds from the existing Revolving Loan Program for Small Business
Development ($181,246) to the new approved fire and rescue capital program. Ms.
Wehrenberg recommended should the Board approve one of the capital programs that the
program begins at the start of the next fiscal year 2015-16. The two capital funding options
are as follows:
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Ms. Wehrenberg estimated whichever program the Board decided upon would need
funding for at least five years.
Commissioner Clayton stated the rotation program used years ago worked well for
the volunteer fire departments to plan for capital purchases.
Commissioner Jeffers asked staff about purchasing supplies in bulk. Ms.
Wehrenberg stated the volunteer fire departments have the ability to pool purchases noting
the county would not have any more buying power. Ms. Wehrenberg stated the initial
requests she had reviewed included equipment that was due to be upgraded. Commissioner
Jeffers noted the desire of the Fire Chiefs was to have the same equipment compatible
across all volunteer fire stations.
Commissioner Kendrick asked if the Capital Reserve Program could be available
to county departments. Ms. Wehrenberg stated affirmatively noting it was a decision for
the Board.
Vice Chairman Newell asked about and advocated for the state grants available to
the volunteer fire departments and county departments. Ms. Wehrenberg encouraged fire
and rescue departments to pursue such grants and to use the Capital Reserve Program to
apply for the matching funds.
Commissioner Jeffers, the commissioner representative on the Fire Chief’s
Association, requested for the County Manager and staff to attend the next Chief’s meeting
in March to present the capital options and to get feedback from them.
It was the consensus of the Board to direct staff to proceed with the Capital Reserve
Program for 2015-2016 and present such to the Fire Chiefs in March.
REQUEST FOR SPECIAL USE PERMITTING POLICY AT SPECIFIC
RECREATION, ARTS AND PARKS FACILITIES AND PERSON COUNTY
MUSEUM AND THE FIRST READING OF A REVISED PERSON COUNTY
ORDINANCE REGULATING POSSESSION OR CONSUMPTION OF MALT
BEVERAGES OR FORTIFIED WINE ON COUNTY PROPERTY:
Mr. Donald Long, Chairman of the Recreation Advisory Board requested on the
behalf of the Person County Recreation Advisory Board (RAB) consideration for Special
Use Permitting of Alcohol Beverages for specific rental facilities and performance venues.
At the February 4, 2015 meeting the RAB voted unanimously to bring the request back to
the Person County Board of Commissioners to reconsider the proposed Special Use
Permit/Policy and Revised Person County Ordinance Regulating Possession or
Consumption of Malt Beverages or Fortified Wine on County Property. The Recreation
Advisory Board is requesting consideration from the Board of Commissioners to adopt the
Special Use Alcohol Permit/Policy and the revised Person County Ordinance Regulating
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Possession or Consumption of Malt Beverages or Fortified Wine on County Property for
specific facilities including:
DESIGNATED BOUNDARIES.
1. Mayo Park Amphitheater in the concrete seating areas directly in front of the
stage, the grass seating area directly in front of the stage in an area 200 feet long by
130 feet wide and in the stage area within 50 feet from the left, right and back of
the stage.
2. Mayo Park Environmental Community Center within the center and within 50
feet from all sides of the building.
3. Kirby Cultural Arts Complex within Gallery front room (main gallery),
Community Gallery (Hallway) and main theatre seating area (both upstairs and
downstairs).
4. Person County Museum Grounds within the museum and no further than 50 feet
from the property line.
Mr. Long presented for Board approval for the following policies and ordinance:
1. Special Use Alcohol Permit and Policy for Specific County Recreation
Facilities, and
2. Revised Person County Ordinance Regulating Possession or Consumption
of Malt Beverages or Fortified Wine on County Property.
The revised Person County Ordinance Regulating Possession or Consumption of
Malt Beverages or Fortified Wine on County Property as presented would need to be
adopted at the first reading by unanimous vote. If not unanimous, a second reading will
take place at the Board’s next regular scheduled meeting to which a majority vote will rule.
A motion was made by Commissioner Jeffers and carried by majority vote 3-2
to approve the Special Use Alcohol Permit and Policy for Specific County Recreation
Facilities, and Revised Person County Ordinance Regulating Possession or Consumption
of Malt Beverages or Fortified Wine on County Property as presented. Chairman Puryear
and Commissioners Jeffers and Kendrick voted in support of the motion. Vice Chairman
Newell and Commissioner Clayton cast the dissenting votes noting philosophical and
liability issues with serving alcohol at events where youth attend. As the vote at the First
Reading was not unanimous the Second Reading for this item will be on the Board’s March
2, 2015 agenda.
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KIRBY SECOND FLOOR RENTAL RATES AND FEES:
Mr. John Hill, Director of the Person County Recreation, Arts, and Parks
Department stated the Person County Recreation, Arts, and Parks Department along with
its partners from Piedmont Community College (PCC) Cultural Arts Division have worked
together to devise the fee structure for the newly renovated second floor of the Kirby
Cultural Arts Complex. The fee structure was devised through research conducted by the
Assistant Manager’s intern, Parks and Recreation Staff, and PCC Cultural Arts Staff.
Research was conducted by viewing neighboring cities and counties that have like facilities
with similar uses. The fee structure was devised in a manner that will generate revenue
while preventing the facility from being price restrictive to all user groups.
Mr. Hill noted the fee structure for the Kirby second floor was presented to the
Recreation Advisory Board at their February 4, 2015 meeting for discussion and input. The
Recreation Advisory Board unanimously agreed with the fees and recommended for
approval by the Board of Commissioners. Mr. Hill explained the categories and fees for
use of the space: Category I users from public supported schools and county government
agencies will not have a charge unless the Kirby staff is utilized outside normal operational
hours (8:00 am – 5:00 pm) and/or additional staff is needed. Category II users include
private, non-profit organizations and agencies in Person County that have a tax exempt
number or are supported by tax funds of the community will be charged a fee as
recommend. Category III users include private, profit making organizations and agencies
will be charged a fee as recommended.
Mr. Hill advocated to have the Kirby second floor rental rates and fees to be in
place for the second floor operation/business in March 2015.
Mr. Hill and County Manager, Heidi York confirmed the fees will be reevaluated
during the budget process.
A motion was made by Commissioner Kendrick and carried 5-0 to approve the
Kirby Second Floor Rental Rates and Fees as presented.
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RENTAL, PERSONNEL, AND EQUIPMENT RATES FOR KIRBY CULTURAL ARTS COMPLEX
Fees for holiday dates will be double the regular rental fees for the facility as well as equipment and
personnel, if available.
A. SECURITY DEPOSIT $200.00 - FOR AUDITORIUM AND WHOLE SECOND FLOOR RENTAL
B. EXPLANATION OF CATEGORIES AND FEES FOR BUILDING USE:
CATEGORY I Public supported schools of Person County and Person County governmental agencies
PERFORMANCES, REHEARSALS, SECOND FLOOR STUDIO RENTAL, SECOND FLOOR HALL
RENTAL & SECOND FLOOR WHOLE FLOOR RENTAL No Charge – Unless Kirby Staff is
utilized outside normal operational hours (8-5) and/or additional staff is needed.
CATEGORY II Private, non-profit organizations and agencies in Person County that have a tax-
exempt number or are supported by tax funds of the community. (Documentation of tax-
exempt status must be provided.)
AUDITORIUM PERFORMANCES $200.00 per
performance
AUDITIORIUM REHEARSALS $25.00 per hour
SECOND FLOOR STUDIO RENTAL $10/hour,
$40/day
SECOND FLOOR HALL RENTAL $20/hour,
$80/day
SECOND FLOOR - WHOLE FLOOR RENTAL $75/hour,
$300/day
CATEGORY III Private, profit making organizations and agencies
AUDITIORIUM PERFORMANCES $300.00 per
performance
AUDITIORIUM REHEARSALS $25.00 per hour
SECOND FLOOR STUDIO RENTAL $20/hour,
$80/day
SECOND FLOOR HALL RENTAL $30/hour,
$120/day
SECOND FLOOR - WHOLE FLOOR RENTAL $100/hour,
$400/day
ALL CATEGORIES CONCESSION FEE: $25 per day
C. EVENT PERSONNEL AND EQUIPMENT RATES
1. LIGHTING:
SPOTLIGHT TECHNICIAN $12.00 per hour (minimum 2 hour rental)
SPOTLIGHT EQUIPMENT
Category I No Charge
Category II & III $10.00 per hour (minimum 2 hour rental)
LIGHTING TECHNICIAN $17.00 per hour (minimum 2 hour rental)
2. SOUND:
SOUND TECHNICIAN $17.00 per hour (minimum 2 hour rental)
SOUND EQUIPMENT
Category I No Charge
Category II $10.00 per hour for rehearsals and performances
Category III $50.00 per performance
$10.00 per hour for rehearsals
3. HOUSE MANAGERS/EVENT STAFF: $10.00 per hour
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4. PIANO TUNING ON DEMAND $150.00
5. PIANO RELOCATION TUNING – (Done upon return to auditorium floor level) – Lessee
uses own manpower under Kirby staff supervision and are responsible for any damage
when moving the piano from auditorium floor level to stage level and the return of the
piano to the floor level after performance. Tuning of piano is mandatory when returned
to floor. $150.00
6. TICKET SALES – Transactions for tickets will be For tickets $1-10 $0.50
processed by Person County and check will be For tickets $11-$15 $1.00
requested minus the ticket fees after last rental For tickets $16-$20 $1.50
date. Ticket Sales are subject to any additional For tickets $21-up $2.00
sales tax and processing fees.
Adopted – July 10, 2002 – Recreation Advisory Board, Effective – July 10, 2002; Revised – March
3, 2004 – Recreation Advisory Board, Effective – March 15, 2004; Revised – April 7, 2004; Revised –
January 19, 2011; Adopted – March 7, 2012 – Recreation Advisory Board; Revised – July 1, 2012; Revised
July 3, 2013 – Recreation Advisory Board; Adopted – January 8, 2014 – Recreation Advisory Board;
Adopted – February 4, 2015 – Recreation Advisory Board
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Chairman Puryear announced a brief recess at 10:45 am and the meeting
reconvened at 10:54 am.
PUBLIC SAFETY COMMUNICATION TOWERS LEASE DOCUMENTS:
Assistant County Manager, Sybil Tate presented the final lease document for the
Bethel Hill tower noting the terms of the lease were agreed upon at the Board’s February
3, 2015 meeting.
Ms. Tate noted the Woodland tower site belongs to the county and is leased to the
Board of Education. In order to lease the tower site to the State, the county must amend the
lease with the Board of Education, releasing the area where the tower will be built. Ms.
Tate presented a draft of the lease amendment to the Board noting once the amendment is
approved, the State will lease the property from the county. Ms. Tate stated the State
Highway Patrol will follow the same leasing procedure as was used to lease the Critcher-
Wilkerson site from Person County.
Ms. Tate requested Board approval of both the Bethel Hill tower lease and the lease
amendment for the Woodland tower. Ms. Tate stated the leases would be ready for the
Chairman to sign when the final surveys were completed.
A motion was made by Commissioner Kendrick and carried 5-0 to approve both
the Bethel Hill tower lease and the lease amendment for the Woodland tower.
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EATON ADMINISTRATIVE CLARIFICATION OF EXISTING FINANCIAL
INCENTIVE AGREEMENT:
Economic Development Director, Stuart Gilbert presented to the Board a request
to allow 41 ATS Corporation employees to be included in the baseline numbers of
“employees” for the Eaton Corporation financial incentive agreement with Person County.
ATS is a temporary agency managing these 41 employees through a contract with Eaton.
The new corporation tax manager for Eaton Corporation requested this clarification so that
both Eaton Corporation and the Person County Board of Commissioners were in support
of this administrative clarification that was not thoroughly quantified in the existing
economic development financial incentive agreement approved years ago.
Mr. Gilbert stated the Economic Development Commission (EDC) at its January
meeting approved the administrative clarification for Eaton’s financial incentives
agreements. Mr. Gilbert confirmed the EDC supported an administrative clarification to
the existing Eaton Corporation Financial Incentive Agreement with Person County.
In addition, Mr. Gilbert requested Board approval to of the draft letter to Eaton
Corporation as a follow up to Eaton’s request for clarification related to the financial
incentive agreements with both the City of Roxboro and Person County noting the
County’s Attorney, Ron Aycock has approved the legal ability of Person County to follow
this course of action. Mr. Gilbert noted he appeared before City Council on February 10,
2015 at which time the same request for an administrative clarification was reviewed and
approved.
A motion was made by Commissioner Clayton and carried 5-0 to allow 41 ATS
Corporation employees to be included in the baseline numbers of employees for the Eaton
Corporation financial incentive agreement as well as approve sending a letter confirming
such action.
CHAIRMAN’S REPORT:
Chairman Puryear reported that the Economic Development Commission will be
meeting on February 19, 2015 at 8:00 am as well as the Homebuilders Association will be
meeting to discuss storm water issues on February 17, 2015.
MANAGER’S REPORT:
County Manager, Heidi York reported the Airport Commission would be meeting
on February 17, 2015 at 2:00 pm in the Board room.
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COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers asked the County Manager to report back to the Board related
to volunteer fire department training opportunities offered by EMS as well as the number
attending such training sessions.
Commissioner Jeffers reported a warming center would be offered February 18-20,
2015 from 5:00 pm – 10:00 pm at Warren’s Grove United Methodist Church.
Commissioner Kendrick requested a copy of the contract between Person County
and the attorney representing the Granville County Storm water Utility. Commissioner
Kendrick stated his request derived from a non-government agency requesting the attorney
to discuss storm water issues to which a fee would be charged to the contract. Chairman
Puryear added that a clarification for staff to review related to Board members being fined
by the EPA for penalty for noncompliance.
Commissioner Clayton requested the Planning Director, Mike Ciriello to review
the Storm water Ordinance.
Vice Chairman Newell had no comments.
CLOSED SESSION #1:
A motion was made by Commissioner Kendrick and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real
property with the following individuals permitted to attend: County Manager, Heidi York,
Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County
Manager, Sybil Tate, General Services Director, Ray Foushee and Finance Director, Amy
Wehrenberg at 11:06 am.
A motion was made by Vice Chairman Newell and carried 5-0 to return to open
session at 11:33 am.
RECESS THE MEETING TO TIME OF WORK SESSION
A motion was made by Vice Chairman Newell and carried 5-0 to recess the
meeting briefly prior to reconvening the meeting for the Board to hold a work session to
address the following topics:
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FUTURE WASTE MANAGEMENT OPTIONS:
County Manager, Heidi York introduced Mr. Chris Gustin who has been hired by
Republic for the position formerly held by Greg Duhon.
Ms. York stated at the Board’s January 5th meeting, Commissioner Kendrick
requested that the Board of Commissioners begin discussing the existing landfill contract
with Republic Services. The contract is set to expire on August 7, 2017. Specifically, he
directed the Manager and Attorney to begin negotiations with Republic Services for a
contract renewal, while at the same time, he wanted the Manager to research other options
for solid waste disposal for Person County. These options included operating a county-
owned landfill, setting up transfer stations, and/or taking our trash to another regional
landfill outside of Person County.
Ms. York presented to the Board the following memo in response to Commissioner
Kendrick’s requests. Also included in the research are additional definitions requested by
Commissioner Newell; a map of nearby landfill and transfer stations; a comparison of
tipping fees across the State; and a summary of the highlights of landfill franchise contracts
with Republic Services for the City of Concord and Caldwell County as comparisons. Ms.
York noted that a folder titled Landfill Documents has been added to the Board’s Drop
Box that contains the memo, the comparable landfill contracts. The Board requested
another contract to add for informational use is the contract for Brunswick in Lawrenceville
VA.
Future Waste Management Options for Person County
Background
The contract and franchise agreement between Republic and the County for the operation
of Upper Piedmont Landfill expires on August 7, 2017. Currently, the County receives an
estimated $530,000/year in host fee revenues, an additional $25,000/year in funding for
promoting recycling and $30,214/year in tax revenues. The County does not have any
direct costs associated with solid waste because it does not provide waste collection
services to citizens, but the City of Roxboro provides collection service to all of its
residents. City residents do not pay a solid waste collection fee, the cost of collection is
paid for from their General Fund. Private collection companies may collect from residents
in the unincorporated portions of the County. Both the City and private haulers currently
pay tipping fees to Republic. The current tipping fee plus tax is $40.22 per ton.
Impact of PCPride Lawsuit
In 2008, Republic sought authority to extend the “footprint” of its landfill. In order to do
so, Republic needed the Board of County Commissioners to approve a special use permit.
PCPride filed a lawsuit to effectively enjoin the County from issuing the special use permit.
The final disposition of the lawsuit was the entry of a voluntary dismissal of its lawsuit by
PCPride with the right to file it again in the future and an agreement between the County
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and PCPride that no further action on the special use permit would be taken by the County
until certain further analysis was undertaken by the County and that PCPride would be
informed of that analysis. The County was required to inform PCPride of its intention to
move forward on the special use application prior to taking any further action. Subsequent
to this settlement agreement, Republic determined that it no longer needed the extension
of the footprint of its landfill site and abandoned the special use permit. This lawsuit
affected only the proposed additional land and had no effect on the existing land fill site.
The lawsuit will have no effect on a new contract regarding the existing site or a new
franchise, which would have to be granted.
Options for Future Waste Management
1. Negotiate up to a 30 year contract and adopt a franchise agreement for up to 30
years.
a. Budgetary Impact: potential to increase revenues
b. Process:
i. Authorize negotiating team to begin discussions
ii. Send a letter of intent to negotiate in good faith to Republic
iii. Provide negotiating team with parameters for negotiating
iv. Conclude negotiations and agree to a contract
v. 30 day public notice before a required public hearing on the franchise
ordinance
vi. Franchise ordinance must be adopted at two regular meetings
vii. Republic begins new permit process, includes public hearings and
various studies
c. Timeframe: 1.5 – 2 years
Ms. York stated when she and Mr. Duhon met, he shared interest in renegotiating
in good faith upon a letter of intent from the county noting Republic requested ability to
extend the area(s) from which waste can be accepted as well as to increase the cap of
receivables.
2. Extend the franchise agreement up to 10 years. Even though the contract allows the
County to extend the contract for 10, 1 year agreements, it would be impractical to
renew the franchise agreement and contract each year.
a. Budgetary Impact: May be able to negotiate some additional funding
b. Process:
i. 30 day public notice before the public hearing
ii. Franchise agreement must be adopted at two regular meetings
A contract would follow the adoption of the franchise agreement.
c. Timeframe: Minimum of 3 months
This option to extend the franchise agreement would provide the quickest solution
past the 2017 contract expiration as well as for the County to exercise its right for the same
terms as in the existing contract.
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3. Let the contract expire. The landfill will close. Republic will pay the closure and
maintenance costs for at least 30 years. The county would lose $585K in annual
revenues. If the contract expires, then the county would have the following options
for solid waste management:
a. Build a county-owned and operated landfill
i. Budgetary Impact: $3.8M capital, $1.1M annual operating (estimate
based on Granville County’s new landfill)
ii. Process: Hire a consultant to determine the costs, location, tipping fee,
etc. Cost: $50,000. The Board was interested in knowing what exactly
the consultant would do for $50,000.
iii. Timeline:2-3 years
b. Build a transfer station/upgrade the existing transfer station and haul waste
to Granville County’s landfill or other nearby landfill. The existing transfer
station may be able to be up-fitted. The County would need to obtain a new
permit, hire staff and charge a tipping fee. Board members felt more transfer
stations would need to be added throughout the county.
i. Budgetary impact: $1M capital cost, $2.7M annual operating (estimate
based on Vance and Franklin County’s transfer stations; Vance County
charges $65/ton at their transfer station)
ii. Process: Hire a consultant to determine the costs, location, tipping fee,
etc. Cost: $30,000
iii. Timeline: 2 years
c. Individuals/Businesses can direct haul waste to Granville County’s landfill
or other nearby landfill. Commissioner Kendrick stated item c as not a
viable option due to air pollution with a result of more individual barrel
burning.
i. Budgetary Impact: No budgetary impact on County government but
county residents would have to travel further and pay a higher tipping
fee (Republic charges $40.22 compared to Granville charges $42 per
ton) Granville’s tipping fee covers the costs of operating.
ii. Process: No action required.
d. Find another private waste company to own and operate a landfill
i. Budgetary Impact: potential to increase revenues
ii. Process:
1. Release an RFP for landfill services
2. Negotiate a contract
3. Adopt a franchise ordinance
iii. Timeline: 3-4 years
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Appendix A: Definitions
Hazardous Waste (as defined by the EPA)
• Listed Wastes: Wastes that EPA has determined are hazardous. The lists include
the F-list (wastes from common manufacturing and industrial processes), K-list
(wastes from specific industries), and P- and U-lists (wastes from commercial
chemical products).
• Characteristic Wastes: Wastes that do not meet any of the listings above but that
exhibit ignitability, corrosivity, reactivity, or toxicity.
• Universal Wastes: Batteries, pesticides, mercury-containing equipment (e.g.,
thermostats) and lamps (e.g., fluorescent bulbs).
• Mixed Wastes: Waste that contains both radioactive and hazardous waste
components.
Daily Cover/Alternative Daily Cover (as defined by NCDENR) - Part .1626(2)(a) states:
Except as provided in Sub-Item (b) of this Item, the owners or operators of all MSWLF
units must cover disposed solid waste with six inches of earthen material at the end of each
operating day, or at more frequent intervals if necessary, to control disease vectors, fires,
odors, blowing litter, and scavenging.
Part .1626(2)(b) states: Alternative materials of an alternative thickness (other than at least
six inches of earthen material) may be approved by the Division if the owner or operator
demonstrates that the alternative material and thickness control disease vectors , fires ,
odors , blowing litter, and scavenging without presenting a threat to human health and the
environment, in accordance with 40 CFR Part 258.21. A MSWLF owner or operator may
apply for a generic approval of an alternative cover material, which would extend to all
MSWLF units.
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Appendix B: Nearby Landfill/Transfer Station map (NC and VA)
February 16, 2015
31
Appendix C: Comparison of tipping fees, FY13-14
Permit_Name PrimaryWaste_Type County Tip Fee Include Tax?
Austin Quarter C&D Unit CD Alamance $ 32.00 Yes
Cobles C&D Landfill CD Alamance $ 30.00 Yes
Alexander County CDLF CD Alexander $ 50.00 Yes
Avery County C&D Landfill CD Avery $ 45.00 Yes
Buncombe County C&D Unit CD Buncombe $ 43.00 Yes
Cabarrus County CDLF CD Cabarrus $ 37.00 Yes
Highway 49 C&D Landfill And
RecyclingGreenway Waste CD Cabarrus $ 37.00 Yes
Blackburn Resource Recovery
Facility CD Catawba $ 23.00 Yes
Fort Bragg C&D Landfill CD Cumberland $ - No
Dare County C&D Landfill CD Dare $ 65.00 Yes
Davidson County CDLF CD Davidson $ 31.00 Yes
Old Salisbury Road CDLF CD Forsyth $ 28.00 No
High Point C&D Debris Landfill CD Guilford $ 36.00 Yes
A-1 Sandrock C&D Landfill CD Guilford $ 36.00 Yes
Harnett Co Anderson Crk C&D
Landfill CD Harnett $ 40.00 Yes
Johnston County C&D Landfill CD Johnston $ 27.00 Yes
Lincoln County C&D Unit CD Lincoln $ 20.00 No
BFI-Lake Norman Landfill CD Lincoln $ 38.75 Yes
Madison County C&D Unit CD Madison $ 34.00 Yes
Martin County C&D Landfill CD Martin $ 40.00 Yes
Greenway Waste Solutions at
North Meck CD Mecklenburg $ 40.00 Yes
Moore County C&D Landfill CD Moore $ 44.80 Yes
Nash County C&D Landfill CD Nash $ 48.00 Yes
Orange County C&D Landfill CD Orange $ 40.00 Yes
Pasquotank County C&D Landfill CD Pasquotank $ 50.00 Yes
C & D Landfill Inc CD Pitt $ 41.00 Yes
Gold Hill Road C&D Debris
Landfill CD Randolph $ 36.00 Yes
Rutherford County C&D CD Rutherford $ 37.00 Yes
WI-Sampson County C&D Unit CD Sampson $ 43.19 Yes
Shotwell Landfill Inc. CD Wake $ 35.00 Yes
Red Rock Disposal, LLC CD Wake $ 26.93 Yes
Greenway Waste Solutions of
Apex, LLC CD Wake $ 34.00 Yes
Material Recovery C&D Landfill CD Wake $ 38.60 No
Washington County C&D Landfill CD Washington $ 52.00 Yes
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Wilson County Westside C&D
Landfill CD Wilson $ 40.00 Yes
Brunswick County CDLF CD Brunswick $ 56.00 Yes
Burke County CDLF CD Burke $ 32.55 Yes
Cleveland County CDLF CD Cleveland $ 21.55 Yes
Cumberland County C&D Unit CD Cumberland $ 37.00 No
Edgecombe County CDLF CD Edgecombe $ 41.00 Yes
Gaston County C&D Landfill CD Gaston $ 24.00 Yes
Granville County CDLF CD Granville $ 38.00 Yes
Greene County CDLF CD Greene $ 46.00 Yes
Greensboro, City Of CD Guilford $ 31.00 Yes
Halifax County Landfill CD Halifax $ 47.00 Yes
Harnett County CDLF CD Harnett $ 40.00 Yes
Lenoir County CDLF CD Lenoir $ 39.00 Yes
Robeson County CDLF CD Robeson $ 26.50 No
Scotland County CDLF CD Scotland $ 45.25 Yes
Albemarle, City Of, CDLF CD Stanly $ 33.00 No
Union County C&D CD Union $ 36.00 Yes
Wayne County CDLF CD Wayne $ 31.50 No
Permit_Name PrimaryWaste_Type County Tip Fee Include Tax?
Austin Quarter SWM Facility MSW Alamance $ 38.00 Yes
Chambers Development MSWLF MSW Anson $ 41.00 Yes
Ashe County Landfill MSW Ashe $ 62.00 Yes
East Carolina Reg Landfill MSW Bertie $ 69.03 Yes
Buncombe County MSW Landfill MSW Buncombe $ 43.00 Yes
BFI-Charlotte Mtr Speedway
Landfill V MSW Cabarrus $ 52.40 Yes
Foothills Environmental
Landfill MSW Caldwell $ 51.06 No
Blackburn Resource Recovery
Facility MSW Catawba $ 33.00 Yes
Cherokee County MSW Facility MSW Cherokee $ 57.00 Yes
Cleveland County Landfill Self-
McNeilly MSW Cleveland $ 37.65 Yes
CRSWMA - Long Term Regional
Landfill MSW Craven $ 40.00 Yes
Cumberland County Landfill MSW Cumberland $ 30.00 No
Davidson County MSW Lined
Landfill MSW Davidson $ 36.00 Yes
Hanes Mill Road Landfill MSW Forsyth $ 34.00 No
Gaston County Landfill MSW Gaston $ 26.00 Yes
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Oxford Subtitle D MSWLF MSW Granville $ 38.00 Yes
High Point City Of - Landfill MSW Guilford $ 38.00 Yes
Greensboro, City Of MSW Guilford $ 41.00 Yes
Haywood Co White Oak Landfill MSW Haywood $ 22.25 Yes
Iredell County Sanitary LF MSW Iredell $ 35.00 No
Johnston County Landfill MSW Johnston $ 35.00 Yes
Lenoir County MSW Landfill MSW Lenoir $ 44.00 Yes
Lincoln County Landfill MSW Lincoln $ 32.00 No
Macon County Landfill Open MSW Macon $ 66.00 Yes
Mecklenburg County Landfill MSW Mecklenburg $ 39.00 Yes
Uwharrie Env. Reg. Landfill MSW Montgomery $ 37.00 Yes
New Hanover County Landfill MSW
New
Hanover $ 59.00 Yes
Camp Lejeune MSW Landfill MSW Onslow $ 26.33 No
Onslow County Subtitle D
Landfill MSW Onslow $ 49.00 Yes
Upper Piedmont Reg Landfill MSW Person $ 38.22 No
Robeson County Landfill MSW Robeson $ 36.50
Rockingham County Landfill MSW Rockingham $ 36.00 No
Rowan County Landfill MSW Rowan $ 34.00 Yes
WI-Sampson County Disposal Inc MSW Sampson $ 43.19 Yes
Albemarle, City Of-Landfill MSW Stanly $ 39.00 No
Surry County MSWLF MSW Surry $ 38.00 Yes
Transylvania County Landfill MSW Transylvania $ 50.00 Yes
Wake County South Wake
MSWLF MSW Wake $ 32.00 Yes
Wayne County Landfill MSW Wayne $ 31.50 No
Wilkes County MSWLF MSW Wilkes $ 41.00 Yes
Permit_Name PrimaryOperation County Tip Fee Include Tax?
River City Transfer Station Trans Cumberland $ 40.00 No
AAA Hauling Of NC Inc Trans Cumberland $ 37.00 No
Soundside Recycling &
Materials, Inc Trans Currituck $ 70.00 No
Todco, Inc. - C&D Transfer Trans Davidson $ 31.00 No
Abbey Green Inc Trans Forsyth $ 32.00 No
WI Burnt Poplar Transfer LLC Trans Guilford $ 39.50 Yes
Russo Dumpster Service Trans Mecklenburg $ - No
The Linda Consruction Co., Inc. Trans Mecklenburg $ - No
Raleigh Transfer Station Trans Wake $ 42.50 Yes
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Apex C&D Waste Transfer
Facility Trans Wake $ 39.00 Yes
Wake Transfer Station Trans Wake $ 46.90 Yes
Capitol Waste C&D Transfer
Station Trans Wake $ 45.00 Yes
Alexander Co. Transfer Station Trans Alexander $ 60.00 Yes
Alleghany County Transfer
Facility Trans Alleghany $ 60.00 Yes
Avery County Transfer Station Trans Avery $ 45.00 Yes
Beaufort Transfer Station Trans Beaufort $ 57.96 No
Bladen County Transfer Station Trans Bladen $ 45.00 Yes
Yancey-Mitchell Transfer Station Trans Yancey $ 55.45 No
Brunswick County Transfer
Station Trans Brunswick $ 56.00 Yes
Waste Management Of Asheville Trans Buncombe $ 57.56 Yes
Buncombe County Transfer
Station Trans Buncombe $ 47.00 Yes
Burke County Transfer Facility Trans Burke $ 60.00 Yes
Carteret County Transfer Station Trans Carteret $ 52.50 Yes
City Of Hickory Transfer Station Trans Catawba $ - No
Waste Man. - Chatham Co
Transfer Station Trans Chatham $ 53.50 Yes
Town Of Edenton Transfer
Station Trans Chowan $ 43.97 Yes
Clay County Transfer Station Trans Clay $ 80.00 Yes
Columbus County Transfer
Station Trans Columbus $ 58.93 Yes
Cherry Point Transfer Station Trans Craven $ 40.00 Yes
Fort Bragg Transfer Station Trans Cumberland $ - No
City Of Fayetteville/ Waste
Industries Transfer Station Trans Cumberland $ 43.85 Yes
Currituck Transfer Station Trans Currituck $ 71.00 Yes
Bay Disposal Inc. Currituck
Transfer & Recovery Facility Trans Currituck $ 65.00 No
Dare County Transfer Station Trans Dare $ 73.15 Yes
Duplin County Transfer Station Trans Duplin $ 42.00 Yes
City Of Durham Transfer Station Trans Durham $ 42.50 Yes
Stone Park Court Transfer
Station Trans Durham $ 42.50 Yes
Edgecombe County Transfer
Station Trans Edgecombe $ 48.50 Yes
Overdale Road Transfer Station Trans Forsyth $ 43.00 Yes
Franklin County Transfer Station Trans Franklin $ 60.00 No
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Waste Management Of
Carolinas Trans Gaston $ 49.00 Yes
Graham County Transfer Station Trans Graham $ 60.00 Yes
Bishop Road Transfer Station Trans Guilford $ 43.00 Yes
Greensboro Transfer Station Trans Guilford $ 44.00 Yes
Halifax County Landfill Trans Halifax $ 44.58 Yes
Town of Weldon Transfer
Facility Trans Halifax $ 54.00 Yes
Harnett Cnty-Dunn/Erwin
Transfer Station Trans Harnett $ 40.00 Yes
Anderson Creek Landfill Transfer
Station Trans Harnett $ 40.00 Yes
Henderson County Transfer
Facility Trans Henderson $ 57.00 Yes
Hertford County Transfer Station Trans Hertford $ 66.00 No
Hoke County Transfer Station Trans Hoke $ 50.75 Yes
Iredell County Transfer Station Trans Iredell $ 45.00 No
Jackson County Scott Creek
Transfer Station Trans Jackson $ 64.00 Yes
Waste Man. - Lee Co. Transfer
Station Trans Lee $ 48.50 Yes
Sanford Transfer Station Trans Lee $ 59.00 Yes
Lenoir County Transfer Facility Trans Lenoir $ 44.00 Yes
Deep Run Transfer Station Trans Lenoir $ 50.50 Yes
McDowell Co Transfer Facility Trans McDowell $ 44.00 Yes
Highlands Transfer Station Trans Macon $ 66.00 Yes
Madison County Transfer Trans Madison $ 44.00 Yes
Queen City Transfer Station Trans Mecklenburg $ 57.50 Yes
O'Leary Resource Recovery
Center Trans Mecklenburg $ - No
Uwharrie Env Inc/Moore Cty
Transfer Station Trans Moore $ 44.80 Yes
Rocky Mount Transfer Station Trans Nash $ 54.50 No
City Of Rocky Mount Transfer
Station #2 Trans Nash $ 54.50 No
Waste Management Of
Wilmington Transfer Trans New Hanover $ - No
Pamlico County Transfer Station Trans Pamlico $ 52.50 Yes
Pasquotank County Transfer
Station Trans Pasquotank $ 69.00 Yes
Pender Co Transfer Station Trans Pender $ 74.00 Yes
Perquimans-Chowan-Gates
Transfer Trans Perquimans $ 67.00 Yes
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EJE Recycling Transfer Station Trans Pitt $ 46.25 Yes
Polk County Transfer Station Trans Polk $ 45.00 Yes
Randolph County Transfer
Facility Trans Randolph $ 50.00 Yes
City Of Asheboro Recycling/Solid
Waste Transfer Station Trans Randolph $ 48.00 Yes
Richmond County Transfer
Station Trans Richmond $ 57.00 Yes
Reidsville, City Of Transfer
Facility Trans Rockingham $ 36.00 No
City of Eden Transfer Trans Rockingham $ - No
Rutherford County Transfer
Facility Trans Rutherford $ 47.00 Yes
Scotland County T.S. Trans Scotland $ 55.75 Yes
Swain County Transfer Facility Trans Swain $ 42.00 Yes
Union County Transfer Station Trans Union $ 42.00 Yes
Waste Industries-Vance County Trans Vance $ 65.00 Yes
Cary Town Of - Transfer Station Trans Wake $ - No
Waste Management Of Ral-Dur Trans Wake $ 58.77 No
Waste Industries Garner
Transfer Station Trans Wake $ 38.00 Yes
East Wake Transfer Station Trans Wake $ 38.00 Yes
Warren County Transfer Station Trans Warren $ 67.00 Yes
Watauga Co Transfer Facility Trans Watauga $ 49.00 Yes
Goldsboro Transfer Station Trans Wayne $ 31.50 Yes
Waste Industries Wilson
Transfer St. Trans Wilson $ - No
Waste Industries- Blk. Crk. Rd.
Transfer Trans Wilson $ 55.20 Yes
Yadkin County Transfer Facility Trans Yadkin $ 53.00 Yes
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Appendix D: Comparison of landfill franchise agreements
Person County
• 20 year agreement
• Limit of 600 tons of waste per day
• Limits service area to the county and the city; unless 600 ton limit cannot be met
• Limits waste disposal from Raleigh and Durham; unless 600 ton limit cannot be met
• Tipping fee set at $25.44; adjusted using CPI – FY13/14 tipping fee $40.22
• Host fees:
0-150 tons per day =$.75 per ton
151-300 tons per day = $1.25 per ton
300-600 tons per day = $1.75 per ton
Over 600 tons per day = $2.00 per ton
• $25,000/year for recycling objectives
• Must provide a recycling center at the landfill; requires Republic to provide marketing
for recycling and technical assistance to the county
City of Concord
• 30 year agreement
• No limit on tons of waste per day; however, landfill must provide airspace or a transfer
station for MSW generated in the City for 30 years
• No limit to service area
• No tipping fee charged for the City of Concord’s Municipal Solid Waste (MSW) – FY13-14
tipping fee is $52.40
• Host fee of $.75 per ton; $.25 of the $.75 is put in an account and repaid to Republic at
the end of the contract; adjusted using CPI
• Sets minimum monthly amount generated by host fee at $38,200
• Pays for all of the costs of the curbside recycling program in the City
Caldwell County
• 30 year agreement; 10 year franchise review date (amended from 20 years to 30 years
in Amendment 1)
• Limit of 727.27 tons of waste per day from outside of Caldwell County
• Limits collection area to certain counties
• No tipping fee for Caldwell County’s MSW – FY14/15 tipping fee is $53.06
• Sets Commercial rate for Caldwell County businesses is $28.00/ton; adjusted using CPI
• Host fee of $2.00 (waste generated outside of Caldwell County); adjusted using CPI
• $25,000/year for recycling education
• Free collection at county convenience centers
• $500,000 for safety and transportation purposes
• $100,000 to establish a park near the landfill
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• Includes disposal of yard waste
• Amendment 1: increased service area; no dumpster rental fees charged to the county;
increase contact length from 20 to 30 years; 10 year review date to review the terms and
conditions; franchise renewal fee of $125,000
• Amendment 2: County is entitled to 50% of Landfill gas sales each month
• Amendment 3: Increased the service area
Vice Chairman Newell advocated for testing at the landfill. Ms. York stated the
State of NC performs air testing twice a year and quarterly ground water testing.
Commissioner Kendrick noted without data prior to the existence of the landfill to use as a
baseline, the testing will be irrelevant. County Attorney, Ron Aycock noted data may be
available as the state standard to gain a permit for the landfill would require testing. Mr.
Gustin told the group the ground water quarterly testing was measured against the
background sample which is monitored by DENR and conducted by a third party, all of
which are public records.
It was the consensus of the Board to support staff proceeding to issue a RFP for a
consultant for the following:
• to obtain a unbiased opinion,
• to have environmental testing without influence,
• to explore all options in detail with the associated costs,
• to find out the zoning requirements and the number of needed transfer stations,
and
• if recycling is included at the transfer stations.
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PUBLIC NUISANCE ORDINANCE:
Planning Director, Michael Ciriello stated at the Board’s January 5, 2015 meeting,
staff was asked to propose language to combine with the Automotive Graveyards and
Junkyard Ordinance to address abandoned properties and litter because of the threat to
public health, safety and welfare. Mr. Ciriello presented the following Abandoned
Structures and Litter key points as proposed additions to the ordinance as well as the
language that would be combined with the Automotive Graveyards and Junkyard
Ordinance to create a Public Nuisance Ordinance.
Abandoned Structures
Key Points
• Covers manufactured mobile homes and abandoned residential and commercial
structures,
• Ordinance shall not apply to structures further than 500’ from residential or public
uses (schools, playgrounds) on adjacent properties; and, not visible from
transportation right-of-way,
• Exceptions for farm structures and historic properties,
• Abandoned structure standards would be enforced by Building Inspections,
• Mobile home grant program (optional) would be administered by the Planning
Department,
• County can pay for removal costs; however, removal costs cannot be collected via
the property tax bill only through a lien on the property, and
• Appeals heard by Board of Commissioners.
Cost
• $15,000-$51,000
• FTE: .5 FTE, $31,000–The State has limited grant funds for county programs that
remove abandoned mobile homes from property. Implementing the grant program
will require .5 FTE
• Operating: $15,000 - $20,000 – Some operating funds would be needed to pay for
clean-up of abandoned structures
Litter
Key Points
• Does not apply to properties that are not visible from residential or public uses
(schools, playgrounds) on adjacent properties or from transportation right-of-way,
• Exceptions for farms as defined by State statute and construction sites with
currently active permits,
• Enforcement process managed by the Planning Department,
• Specific abatement process would apply to “chronic offenders”; costs would be
applied to property tax bill, and
• Appeals heard by Board of Adjustment
February 16, 2015
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Costs
• $31,000- $62,000
• FTE: .5 - 1FTE ($26,000-$52,000)- the amount of staff time needed depends on
whether the BOC wants this position to coordinate public clean-up events
• Operating cost: $5,000 - $10,000
Mr. Ciriello presented the following proposed language and asked the Board to
provide feedback to staff about what language should be combined with the Automotive
Graveyard and Junkyard Ordinance.
Abandoned Structures
Definitions
“Abandoned Structure” a residential or commercial building shall be considered an
abandoned structure if it is unoccupied and damaged or in disrepair to the point of being
condemnable as defined by NCGS §153A-366 and is found to be a nuisance because it
creates or fosters one (1) or more of the following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or
other pests;
b. The collection of pools or ponds of water;
c. Concentrated quantities of gasoline, oil, or other flammable or
explosive materials;
d. A source of danger for children because of the possibility of
entrapment or injury from exposed sharp surfaces of metal, glass, or
other rigid materials;
e. A source of danger from the building structure, or parts thereof,
falling or turning over;
f. An accumulation of garbage, food waste, or any other rotten or
putrefied matter of any kind;
g. Accumulation of sewage or animal waste;
h. Concentrated quantities of hazardous materials;
i. The presence of dead animals; or,
j. Any building structure specifically declared a public health and
safety hazard by the Board of Commissioners.
“Abandoned Manufactured Home” shall be considered an abandoned structure if it is in a
wrecked, scrapped, disassembled, unusable, cannibalized, burnt, inoperable or if available,
is not connected to an approved sewer system and not occupied and is found to be a
nuisance because it creates or fosters one (1) or more of the following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or
other pests;
b. The collection of pools or ponds of water;
c. Concentrated quantities of gasoline, oil, or other flammable or
explosive materials;
February 16, 2015
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d. A source of danger for children because of the possibility of
entrapment or injury from exposed sharp surfaces of metal, glass, or
other rigid materials;
e. A source of danger from the home, or parts thereof, falling or turning
over;
f. An accumulation of garbage, food waste, or any other rotten or
putrefied matter of any kind;
g. Accumulation of sewage or animal waste;
h. Concentrated quantities of hazardous materials;
i. The presence of dead animals; or,
j. Any manufactured home specifically declared a public health and
safety hazard by the Board of Commissioners
“Manufactured Home” is a structure, transportable in one or more sections, which in the
traveling mode whose body is 8 feet or more in width or 40 feet or more in length, or when
erected on site, is 320 square feet or more, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air conditioning and electrical
systems contained therein. Such term shall include any structure that meets all the
requirements of this paragraph except the size requirements and with respect to which the
manufacturer voluntarily files a certification required by the Department of Housing
and Urban Development (HUD) and complies with the standards established under that
Federal agency. For purposes of this ordinance, “manufactured home” includes both
factory-built single-family structures built to meet standards established under The
National Manufactured Housing Construction and Safety Standards Act of 1974 and
mobile homes built prior to the effective date of those standards (June 15, 1976). The
Federal Standards became effective on June 15, 1976, and all homes with a date of
manufacture on or after this date were required to have a HUD label indicating compliance
with the standards.
“Historic Structure” or, “Historic Property” is as defined by the State Historic Preservation
Office and the National Register of Historic Places
“Agricultural purpose” and “bona fide farm” as defined by NC GS §153A-340:
1. A farm sales tax exemption certificate issued by the Department of Revenue.
2. A copy of the property tax listing showing that the property is eligible for
participation in the present use value program pursuant to G.S. 105-277.3.
3. A copy of the farm owner's or operator's Schedule F from the owner's or
operator’s most recent federal income tax return.
4. A forest management plan.
5. A Farm Identification Number issued by the United States Department of
Agriculture Farm Service Agency.
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Exceptions
• This ordinance shall not apply to any structure used or previously used for
agricultural purposes
• This ordinance shall not apply to historic properties or structures
• Ordinance shall not apply to structures further than 500’ from residential or public
uses (schools, playgrounds) on adjacent properties; and, not visible from
transportation right-of-way
Illustration to show distances from adjacent properties to burned-out house; distance
measured using Person County GIS mapping software
Process
1. Upon receipt of a complaint, the Building Inspections Department will conduct an
investigation to determine if the structure meets the definition of an “Abandoned
Structure” as defined by this ordinance. The Building Inspections Department will be
responsible for mailing notices, overseeing the removal of abandoned structures. The
Building Inspections Director shall keep an accurate record of all enforcement
proceedings begun pursuant to the provisions of this chapter.
2. In exercising these powers, each member of the inspection department has a right, upon
presentation of proper credentials, to enter on any premises within the territorial
jurisdiction of the department at any reasonable hour for the purposes of inspection or
other enforcement action. Nothing in this section shall be construed to prohibit periodic
inspections in accordance with State fire prevention code or as otherwise required by
State law.
3. Upon determining that a violation of this ordinance exists, written notice shall be issued
to:
a. The registered owner or person(s) entitled to possession of the abandoned or
neglected structure;
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b. The registered owner, lessee, or person(s) entitled to the land on which the
abandoned or neglected structure is located;
c. Shall affix a notice of the dangerous character of the building to a conspicuous
place on its exterior wall. (§ 153A-366) (If a person removes a notice that has
been affixed to a building by a local inspector and that states the dangerous
character of the building, he is guilty of a Class 1 misdemeanor).
4. The notice shall be provided by registered or certified mail. The notice shall:
a. Identify the property and describe the abandoned structure located thereon to
be removed, abated, or remedied;
b. (1) Notify the owner that the building is in a condition that appears to constitute
a fire or safety hazard or to be dangerous to life, health, or other property;
(2) Notify the owner that a hearing will be held before the inspector at a
designated place and time, not later than 10 days after the date of the notice, at
which time the owner is entitled to be heard in person or by counsel and to
present arguments and evidence pertaining to the matter; and
(3) Notify the owner the following the hearing, the inspector may issue any
order to repair, close, vacate, or demolish the building that appears appropriate.
c. Inform an owner who has received an order under G.S. 153A-369 that they may
appeal from the order to the board of commissioners by giving written notice
of appeal to the inspector and to the clerk within 10 days following the day the
order is issued. In the absence of an appeal, the order of the inspector is final.
The board of commissioners shall hear any appeal within a reasonable time and
may affirm, modify and affirm, or revoke the order;
d. State that the costs incurred by the county to remove, abate, or remedy the
abandoned structure, if not paid by the violator(s), shall be a lien upon the
property.
5. If the name or whereabouts of the owner cannot after due diligence be discovered, the
notice shall be considered properly and adequately served if a copy thereof is posted
on the outside of the building in question at least 10 days before the day of the hearing
and a notice of the hearing is published at least once not later than one week before the
hearing.
Penalties
If the owner of a building fails to comply with an order issued pursuant to G.S. 153A-369
from which no appeal has been taken, or fails to comply with an order of the Board of
Commissioners following an appeal, he is guilty of a Class 1 misdemeanor.
Appeal
An owner who has received an order under G.S. 153A-369 may appeal from the order to
the Board of Commissioners by giving written notice of appeal to the inspector and to the
clerk within 10 days following the day the order is issued. In the absence of an appeal, the
order of the inspector is final. The Board of Commissioners shall hear any appeal within a
reasonable time and may affirm, modify and affirm, or revoke the order.
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LITTER
Definitions
“Litter” shall include junk materials; machinery and equipment; appliances or other
household items; lumber and building materials; and dirt, sand, fill, rock, stone or other
materials not forming part of a structure or landscaping. “Litter” shall encompass the
definitions of “object”.
“Chronic offender” shall mean a person who owns property whereupon, in the previous
calendar year, the county gave notice of violation at least three times under any provision
of the public nuisance ordinance.
“Object” shall mean any item of personal property other than a vehicle, boat or trailer-type
vehicle with a current and valid registration, which is not related to the use and purpose for
which the real property is occupied or owned or permitted by the applicable zoning
classification. “Objects” under this chapter shall also include junk materials; machinery
and equipment; appliances or other household items; lumber and building materials; and
dirt, sand, fill, rock, stone or other materials not forming part of a structure or landscaping.
“To place” shall mean to establish the presence on property of an object which: a. Is
capable of being moved or removed which is not affixed to the real property; and b. Is
present for a period of ten (10) consecutive days whether or not the location of the item on
the property is changed.
“Person” shall mean any natural person, corporation, and partnership, authority created by
statute, association or other entity or combination thereof.
“Unsafe Equipment” included any boiler, heating equipment, elevator, moving stairway,
electrical wiring or device, flammable liquid containers or other equipment on the premises
or within the structure which is in such disrepair or condition that such equipment is a
hazard to life, health, property or safety of the public or occupants of the premises or
structure.
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Exceptions
• The provisions of this section shall not apply to material which is being used in
connection with a construction activity taking place on the premises provided the
construction activity associated with an active permit, is being diligently pursued,
and complies with applicable ordinances and codes
• This ordinance shall not apply to bona fide farm properties as defined by NCGS
§153A-340
• Ordinance shall not apply to properties that are not visible from residential or public
uses (schools, playgrounds) on adjacent properties or from transportation right-of-
way
Enforcement
1. This Ordinance is effective to all residential zoned properties and in the zones that
abut residential zones. Applies to litter as defined in this Ordinance that is visible
from an adjacent property, and/or transportation public right of way;
2. It shall be unlawful for the occupant of premises or the owner of premises to have,
to place, or to allow any of the following on the premises to the extent and in a
manner that could threaten or endanger the public health, safety or welfare or could
adversely affect and impair the economic value of adjacent property:
a. Any accumulation of litter, objects or unsafe equipment as defined in this
section of the Ordinance on any front, side or rear yard visible from an adjacent
property, and/or transportation public right of way
b. Any object or objects, on the side or rear yards that is visible from a street or
lane unless covered or enclosed so as not to be visible from an adjacent
property, and/or transportation public right of way
Process
1. Upon determining that a violation of this ordinance exists, the Planning Department
shall issue written notice to the registered owner, lessee, or person(s) entitled to the
land;
2. The notice shall be provided by registered or certified mail. The notice shall:
a. Identify the property and describe the violation located thereon to be
removed, abated, or remedied;
b. State that the costs incurred by the county for chronic offenders to remove,
abate, or remedy the violation, if not paid by the violator(s), shall be subject
to NCGS §153A-140.2 for chronic offenses.
3. If the violation is not removed, abated or remedied within thirty (30) days of the
initial notice, and an appeal has not been filed, a second notice shall be issued. The
notice shall:
a. Direct that the violation be removed, abated or remedied;
b. Advise that the property must comply by a specific date, such date not to be
less than ten (10) days nor more than one hundred thirty (30) days from date
of the second notice;
c. Advise that civil penalties, are being accessed daily as of the date of the
second notice; and,
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d. Advise that in addition to any and remedies above, the Person County Board
of Commissioners may request criminal penalties in accordance with this
Ordinance.
Penalties
Penalties would be consistent with our existing standards except for chronic offenders.
1. Any person, firm or corporation who violates any provision of this ordinance shall
be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred
dollars ($500). Each day a violation exists shall be a separate violation hereunder.
2. This Ordinance may be enforced by an appropriate equitable remedy, including
temporary restraining order, preliminary injunction and permanent injunction was
issued by a court of competent jurisdiction.
3. Pursuant to NCGS §153A-140.2, the County Planning Director may issue annual
notice to chronic violators. The County may notify a chronic violator of the
County's public nuisance ordinance that, if the violator's property is found to be in
violation of the ordinance, the county shall, without further notice in the calendar
year in which notice is given, take action to remedy the violation, and the expense
of the action shall become a lien upon the property and shall be collected as unpaid
taxes.
Appeals
Unless the owner is a chronic violator, an owner who has received a violation notice under
this section may appeal from the order to the Board of Adjustment by giving written notice
of appeal to the Planning Department and to the clerk within 10 days following the day the
order is issued. In the absence of an appeal, the order of the Planning Director is final.
Without exception, the County may notify a chronic violator of the county's public
nuisance ordinance that, if the violator's property is found to be in violation of the
ordinance, the county shall, without further notice in the calendar year in which notice is
given, take action to remedy the violation, and the expense of the action shall become a
lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by
certified mail.
Mr. Ciriello stated the next step would be to bring back to the Board a draft
ordinance for consideration noting the junk yard ordinance does not address residential
property. Vice Chairman Newell asked if clarifying definitions and language can be added
to the County’s current junk yard ordinance. Mr. Ciriello stated he would provide text
amendments which could be done with no cost for the Litter and the minimum amount of
$15,000 for the Abandon Structures.
Chairman Puryear asked Mr. Ciriello the status of the Yarborough case. Mr.
Ciriello stated the case had been resolved noting the Judge’s Order demanded the trailer to
be removed however the remnants along with other junk remains on the property.
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When asked how many legitimate junk yards are in Person County, Mr. Ciriello
replied that there were two.
UNIFIED DEVELOPMENT ORDINANCE:
Planning Director, Michael Ciriello stated at the Board’s January 5, 2015 meeting
staff was asked to compile additional information about creating a Unified Development
Ordinance (UDO) which is a single document that contains all development guidance in
one place. In addition, the benefit of going through the UDO process is that it results in the
following:
• Improves formatting for ease of use,
• Creates consistency in permitting, approvals, enforcement and administration,
• Ensures changes are consistent with state current statutes, and
• Modernizes language to reflect contemporary circumstances
Below are two examples of how the UDO process could impact our ordinances:
1. Update to the Table of Permitted Uses. The current table does not include new terms
such as “solar farms”, making it difficult and confusing to find what uses are
permitted where.
2. Currently, each separate ordinance has similar information pertaining to
administration, enforcement and permitting. Each of these separate sections could
be condensed into one section that can be used for all ordinances. This reduces
redundancy and ensures that, whenever possible, we are using the same rules for
administration, enforcement and permitting.
Cost:
Year 1 Year 2 Total
$30,000 $30,000 $60,000
2-year Process:
• Hire consultant,
• Conduct public engagement,
• Present frequent updates to Board of County Commissioners and Planning Board
for feedback, and
• Present final draft for approval.
Mr. Ciriello asked the Board for direction on how to proceed. Vice Chairman
Newell asked Mr. Ciriello if he could prepare the UDO. Mr. Ciriello noted he could not
without increasing his personnel to which would be more effective to hire a consultant.
There was no direction given by the Board of Commissioners.
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Vice Chairman Newell requested the Board to excuse him from the remainder of
the work session noting he had called to appear for jury duty.
A motion was made by Commissioner Jeffers and carried 5-0 to excuse Vice
Chairman Newell from the remainder of the meeting at 12:44 pm.
SECOND READING OF THE REVISIONS TO THE ANIMAL SERVICES
ORDINANCE:
Chairman Puryear reminded the Board of the efforts by the Animal Services
Advisory Committee and staff to bring the revisions to the Animals Services Ordinance
including the fee structure. Chairman Puryear asked for Board consideration to implement
the revised Animal Services Ordinance noting the Citation Violation Fees could be
reviewed and adjusted should data warrant to do so.
A motion was made by Commissioner Jeffers and carried 3-1 to adopt the Animal
Services Ordinance with the amended Citation Violation Fees as follows:
No current or displayed Rabies Tag $25
Permitting a dog to run at large $25
Allowing a female “in heat” to run at large $25
Cruelty to animals $100
Interfering with an Animal Services Officer $100
Not surrendering animal for quarantine no fee
(strike from fees due to the law gives Officers the ability to take animal)
Nuisance $25
Leaving a dangerous dog unattended unless
Confined indoors or in securely enclosed and locked pen $100
Chairman Puryear and Commissioners Jeffers and Kendrick voted in favor of the
motion. Commissioner Clayton cast the lone dissenting vote.
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ADJOURNMENT:
A motion was made by Commissioner Kendrick and carried 4-0 to adjourn the
meeting at 12:51 pm.
_____________________________ ______________________________
Brenda B. Reaves Kyle W. Puryear
Clerk to the Board Chairman