November 7
November 7, 2011
1
PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 7, 2011
MEMBERS PRESENT OTHERS PRESENT
Jimmy B. Clayton Heidi York, County Manager
Kyle W. Puryear C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Samuel R. Kennington
Frances P. Blalock
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, November 7, 2011 at 7:00 p.m. in the Commissioners’
meeting room in the Person County Office Building.
Chairman Clayton called the meeting to order, led invocation and asked
Commissioner Kennington to lead the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear and carried 5-0 to approve the agenda.
PUBLIC HEARING:
REQUEST FOR A SPECIAL USE PERMIT FROM ROBERT B. CHEATHAM
FOR A PRIVATE RECREATION FOR PROFIT (INTERNET SWEEPSTAKES
BUSINESS) ON U.S. 501 SOUTH, DURHAM ROAD:
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers and carried 5-0 to open the duly advertised public hearing for a request for a
Special Use Permit from Robert B. Cheatham for a private recreation for profit (Internet
Sweepstakes Business) on U.S. 501 South, Durham Road.
Chairman Clayton stated the public hearing set to hear a request for a Special Use
Permit from Robert B. Cheatham for a private recreation for profit (Internet Sweepstakes
Business) on U.S. 501 South, Durham Road 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 Clayton administered the Oath
of Sworn Testimony to the following individuals who would offer testimony during the
public hearing:
Paula Murphy Robert B. Cheatham Chip King
November 7, 2011
2
Planning Director, Paula Murphy stated the County has received a Special Use
Permit request from Robert Cheatham for a private recreation for profit (internet
sweepstakes business) on US 501 South, Durham Road. The property is located in a
Special Use Overlay District thus requiring a Special Use Permit. The property in
question is zoned B-1, Highway Business.
Ms. Murphy noted the site plan which shows the proposed buildings, drives and
parking areas. Ms. Murphy stated the proposal is to convert an existing building to an
internet sweepstakes business. The building is 20’ x 37’ (740 square feet) and located on
a .388 acre parcel, served by city water and sewer. Access to the site will be off of US
501. The property will be leased from King II Investments, LLC which owns the adjacent
property to the north and west. There is an existing fifty foot easement directly to the
south of the property. The plans show 14 parking spaces (one per terminal and one per
employee – one employee per shift). Since this is a change of use, it will require approval
from the Building Inspections Department.
Physical Characteristics:
Watershed: Located within the Flat River Balance of Watershed, WSIII which allows up
to 70% built upon area for all residential uses other than single family provided minimize
built upon area, direct stormwater runoff away from surface waters and incorporate
practices to minimize water quality in ten percent of the watershed. The plans show an
impervious calculation of 96.1 percent. Ms. Murphy stated the property was existing
prior to the adoption of the Water Supply Watershed Protection Requirements, therefore,
was grandfathered.
Flood Hazard: There are no 100 year flood areas on the property.
Character of the Surrounding Area:
The property in question consists of .388 acres. The surrounding area consists mainly of
commercial type uses, convenience mart, bank, mini-storage facility, Palace Pointe,
Cambridge Hills Assisted Living, solar farm and a residential structure.
Ordinance Provisions:
Article VII, Section 74;
74-1 Special Use Permits may be issued by the County Commissioners for the uses
mentioned under the Special Uses as pertains to each district.
A. An application for a Special Use Permit must be submitted to the Planning and
Zoning Department at least four weeks prior to the regular scheduled Planning
Board meeting at which it is to be reviewed. Twenty-four copies of the site
plan, prepared by a North Carolina registered land surveyor, engineer or
architect, shall accompany the application. The plan, drawn to scale, shall depict
the following;
1) The boundary of the lot(s) to be developed labeled with bearings and distances,
total gross land area, location of easements, utilities, adjacent road names and
numbers;
November 7, 2011
3
2) Name of the project, property owner and applicant, vicinity map, north arrow,
scale, date of plan preparation and subsequent revisions dates;
3) Topography of site, at contour interval no greater than ten feet, location of
perennial and intermittent waters, 100 year flood plains;
4) Location and approximate size of all existing and proposed buildings and
structures within the site and existing buildings and structures within five
hundred feet adjacent thereto;
5) Proposed points of ingress and egress together with the proposed pattern of
internal circulation;
6) Existing and proposed parking spaces;
7) Proposed provisions for water supply and sewage disposal;
8) If the site is located in a designated drinking water supply watershed, the plan
shall also:
a. depict the location of existing and proposed impervious surfaces and
respective totals in square fee.
b. The total land area of the lot outside of the road right of way in square
feet.
74-2 The Planning Board and County Commissioners shall each hold a public hearing at
which all interested persons shall be permitted to testify.
74-3 The Planning Board shall forward its recommendation to the County
Commissioners within sixty days after the meeting at which the application is
heard.
74-4 On receiving the recommendation of the Planning Board’ the County
Commissioners shall consider the application and said recommendation and may
grant or deny the Special Use Permit requested. The Special Use Permit, if granted,
shall include such approved plans as may be required. In granting the permit, the
County Commissioners shall find:
1. that the use will not materially endanger the public health or
safety if located where proposed and developed according to
the plan as submitted and approved.
2. that the use meets all required conditions and specifications.
3. that the use will not substantially injure the value of adjoining
or abutting property, or that the use is a public necessity, and
4. that the location and character of the use if developed
according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in
general conformity with the comprehensive plan.
74-5 In granting the permit, the Planning Board may recommend and the County
Commissioners may designate such conditions, in addition and in connection
therewith, as well, in its opinion, assure that the use in its proposed location be
harmonious with the area in which it is proposed to be located and with the spirit of
this ordinance. All such additional conditions shall be entered in the minutes of the
meeting at which the permit is granted and also on the certificate of the Special Use
Permit or on the plans submitted therewith. All specific conditions shall run with
November 7, 2011
4
the land and shall be binding on the original applicants for the Special Use Permit,
their heirs, successors and assigns.
74-6 If the Planning Board recommends the disapproval of the Special Use Permit, and
the County Commissioners denies the permit, each body shall enter the reasons for
its action in the minutes of the meeting at which the action is taken.
74-7 No appeal may be taken to the Board of Adjustment from the action of the County
Commissioners in granting or denying a Special Use Permit. Any such action by
the County Commissioners shall be considered as the equivalent of action on a
proposed zoning amendment and shall be reviewed only in the same manner as
action on a proposed amendment.
74-8 In addition to the specific conditions imposed by the regulations in this Article and
whatever additional conditions the County Commissioners deem reasonable and
appropriate, special uses shall comply with the height, yard, area and parking
regulations for the use district in which they are permitted unless otherwise
specified.
Section 160-5(B) of the Zoning Ordinance states: “The Planning Board shall provide a
written recommendation to the Board of County Commissioners that addresses that the
proposed amendment is consistent with the comprehensive plan, but a comment by the
Planning Board that a proposed amendment is inconsistent with the comprehensive plan
shall not preclude consideration or approval of the proposed amendment by the Board of
County Commissioners. Prior to adopting or rejecting any zoning amendment, the Board
of County Commissioners shall adopt a statement describing whether its action is
consistent with an adopted comprehensive plan and why such action is reasonable and in
the public interest. The Land Use Plan has this area listed as Office and
Institutional/Commercial which states “Commercial uses, office and public/institutional
uses, light industrial, limited residential uses. Residential uses can be located near non-
residential uses with appropriate buffers. Development should be limited to areas
identified for economic development and with public water and sewer.” Since this is an
existing commercial development along US 501, there were no goals or objectives within
the Land Use Plan that applied.
Ms. Murphy stated the Board can ask for any of the following items to be
addressed in order to form a better decision on this request:
1) What type of games?
2) Who will be the operator of the establishment?
3) Will this establishment have an age limit (ie. Only over 21)
4) Will this establishment serve food and/or alcohol?
5) A schematic drawing of the interior showing each station and the area. Can
limit the number of machines per square footage.
6) What are the proposed hours of operation?
7) Will there be surveillance cameras?
8) Does the Board feel that the parking is sufficient and are the drives wide enough
for traffic to flow unimpeded. The plans show one way traffic around the
building; staff is not sure how this will be accomplished.
November 7, 2011
5
Ms. Murphy stated if the Board decided to grant approval of the Special Use
Permit, the following conditions should be included:
1. Applicant to obtain a zoning permit and a building permit from Person County
2. Letter from the City of Roxboro approving City water and Sewer required prior to
obtaining a Zoning Permit.
3. Applicant to follow the site plan approved by the Board.
4. Any conditions deemed appropriate by the Board
Ms. Murphy stated the Board also needs to address the findings of fact in Section
74-4 and how this proposal is in keeping with the Land Use Plan.
Ms. Murphy stated the Planning Board held a Public Hearing on October 13, 2011
and voted 4-0 to recommend approval with the following conditions and staff comments:
1. No alcohol sold or consumed on the premises.
2. No check cashing or loans.
3. No one under the age of 21.
4. Video cameras in working order for surveillance.
5. All zoning and building permits to be obtained.
6. Interior design “to scale” to be approved by Building Inspections.
7. Limit to 13 machines and 13 parking spaces (one for each machine) and an
additional parking space for an employee.
8. No hours of operation between midnight and 8am.
The Planning Board noted the project was in keeping with Section 74-4 and the
Comprehensive Plan.
Ms. Murphy stated Planning Staff feels that the following conditions should be
considered:
1. Business to be in keeping with all local, state and federal laws.
2. The property shall be subject to periodic inspections by the County
Building Inspections, Planning Department, Fire Marshal, and law
enforcement agencies.
Ms. Murphy offered to answer any questions noting the applicant and the owner
of the property are also present.
Commissioner Jeffers asked Ms. Murphy why the surveillance cameras and Ms.
Murphy replied mainly to have something in case something happens on the property,
like a public safety type thing that the Planning Board looked at.
November 7, 2011
6
Commissioner Jeffers asked Ms. Murphy if that is something Person County
normally does with special use permit noting he had never seen that in any permit that
has come before the Board. Ms. Murphy replied she did not know that Person County
has had anything quite like this that Person County would put that particular condition on
there.
Commissioner Jeffers asked Ms. Murphy if she had checked with the City on
what they allow in their ordinance as he felt they did develop something for this type of
business. Ms. Murphy replied they do have it noting she looked at some of the other
conditions that are in other areas, further noting she did not look at the City.
Commissioner Jeffers said we don’t know if the City allows anyone under the age
of 21. Mr. Cheatham spoke from the audience and said no one is allowed under the age
of 18. Commissioner Jeffers said it is 18 literally to do this per the State or whoever sets
the rule, so why did the Planning Board say 21. Ms. Murphy said she did not know why
they picked 21 but that is what the Planning Board wanted (the age of 21).
Commissioner Jeffers stated if limited to 13 machines and it is suggested for the
Board to ask the number of machines per square footage so with 13 machines what would
be the square footage. Ms. Murphy stated they did not know because we don’t know
what size nor how they are laying it out in the building. Commissioner Jeffers asked how
they came up with the number of 13 machines. Ms. Murphy stated Mr. Cheatham put on
his site plan there is 13 machines and Planning is doing one parking space for each
machine.
Commissioner Jeffers asked Ms. Murphy for the hours of operation that Planning
is suggesting is nothing between midnight and 8:00 am, asking if the ones in the City of
Roxboro, don’t they operate after midnight. Ms. Murphy stated she was not sure. Mr.
Cheatham stated they are open until 4:00 a.m.
Commissioner Jeffers asked Ms. Murphy why Planning didn’t check with the City
of Roxboro, if they are the only municipality in the county. Ms. Murphy stated she had a
bunch of other places that were already available and honestly did not think about the
City.
The following individuals appeared before the Board to speak in favor of the
request for a Special Use Permit from Robert B. Cheatham for a private recreation for
profit (Internet Sweepstakes Business) on U.S. 501 South, Durham Road:
November 7, 2011
7
Mr. Robert (Bobby) Cheatham of 268 Little Duck Lane, Roxboro, a resident of
Hyco Lake, Person County for the last 4 years and applicant of the Special Use Permit.
Mr. Cheatham stated he had known and been involved with Chip King for the last 10
years in one capacity or another. Mr. Cheatham stated he has been in the business for
about 5 years. Mr. Cheatham stated he has a letter of testament from his last landlord.
Mr. Cheatham stated he went before the Halifax County Board, a pretty rigorous county
up in Virginia, ran a business the last 4 ½ year without a complaint, not one lodged
against him. Mr. Cheatham stated his landlord was a police officer and his father knew
everybody on the county commissioners. Mr. Cheatham stated he was the only person in
Halifax County the last 4 years and never had one complaint, not one against him. Mr.
Cheatham stated he opened at 2:00 pm and closed at 9:00 pm, no alcohol absolutely, age
18 or 21 makes no difference to him, 98% of his people that play, 50 loyal customer that
call him every day wanting to play are between 40-50-60 years old. Mr. Cheatham stated
he does not have anyone playing in their 20-30s so it is irrelevant. Mr. Cheatham stated
it is a play to stay, internet café service with about 50 loyal customers from Halifax and
South Boston that are going to play and want to come down here. Mr. Cheatham stated
on the positive side, he would like to occupy Chip King’s building that has been an
eyesore out there about 3 or 4 years. Mr. Cheatham stated he would be hiring 3-4 Person
County employees, two ladies in their 40-50s, four ladies, and will bring his 40-50 of his
customers from Halifax County and South Boston down here to turn things around. In
1986, Virgilina was the second, #2 lottery sales in the State of Virginia behind
Richmond, then all of a sudden, all people in Roxboro and Durham, went up 49 to
Virginia. As he sees it now, everybody can come from Virginia down here to spend
money in Roxboro. When they come to his place, he will be the operator and will be
there – all the other ones in Roxboro he is familiar with, they are owned by Rick and
Roger Moore and live north of Charlotte, and not even been in the place and if they have,
they haven’t been in there much. Mr. Cheatham stated he will be there every day and
there will be no trouble. There will be cameras there for his safety and for his
employees’ safety with no on hanging around. Mr. Cheatham stated he would talk to the
Sheriff, if he needs an employee out there, he will but feels he won’t need because he will
be there noting there will not be any trouble further noting these people will not start any
trouble. Mr. Cheatham stated the one kick he has is that most of his competitors have 50
machines and with the 14 parking spaces, he noted he was not familiar with the ordinance
the county has, the ladies don’t come out by themselves, they come with 2-3 to a car,
especially if they come from South Boston and Halifax. Mr. Cheatham stated if he has
maybe 10 cars, he will have 3 or 4 cars will fill up his machines and he doesn’t want
people to pull up and can’t play as they will leave and not come back. Mr. Cheatham
stated he would like to have the ability to have 20 machines. Mr. Cheatham noted the
tables are 2x5 around the outsides of the building with 2-3 computers/monitors on each
thing with the whole middle of the room is open, so there is no square footage problem
just computers around the wall for an internet cafe. Mr. Cheatham stated these people
who like to play the internet cafes will buy lottery tickets; Chip King’s lottery sales will
explode and ride back through the center of Roxboro and will eat at the restaurants and
buy gasoline, reverse for what they have been doing for years taking NC money to
Virgilina; no longer going to Virgilina as they are gonna play so they call all the time
November 7, 2011
8
wanting to come down here to play. Mr. Cheatham stated he has customers here in
Rougemont and Timberlake, people now going to Durham to play, access to one in
Durham with his partner with lots of Roxboro, Rougemont and Timberlake players up
there so it will fill a place. Mr. Cheatham stated there will be no advertising, no big signs
as there is not need for them. Mr. Cheathem noted the Board does not play and he does
not play but there are people who like and it and by word of mouth and they will find it
so there is no need for signs. Mr. Cheatham stated he will probably open at 12:00 noon,
used to open up at 2:00 pm, and close at 10:00 pm with lights out by midnight. Mr.
Cheatham noted if open past midnight, somebody will get fired. Mr. Cheatham stated if
they want to play at 3:00-4:00 am they can go to his competitors. Mr. Cheatham stated
he had not opened on Sundays for 3 years but they have finally talked him into opening
on Sundays, and if he does open on Sundays, Southern Baptist, he would open at 2:00 pm
and close at 6:00 pm or 8:00 pm, noting he probably would not open up on Sundays
unless they wanted him to, if allowed to run. Mr. Cheatham asked the Board if there
were any questions.
Commissioner Kennington stated he would like to ask the 8 questions
recommended by the Planning Board.
Commissioner Kennington asked Mr. Cheatham what type of games was he talking
about. Mr. Cheatham stated internet café games noting there are about 5 different
systems when running a business, HESTEC is the oldest and the most legal system.
There are two systems, IT and HESTEC that are the ones in litigation and they are
deemed legal. They are the ones declared to be run legal out of Texas and
Oklahoma. There are about 10 different systems but these are the 2 biggest, oldest,
most legal sweepstakes that have been run the longest.
Commissioner Kennington asked Mr. Cheatham if this is gambling. Mr. Cheatham
stated it is as legal as the day is long. They have them around the legislature in
Raleigh, Wake County, Wake City, Durham County, Durham City, and downtown
Roxboro (150 machines in Roxboro running the last 3-4 years). Absolutely legal,
otherwise he would not do it and if it is illegal, he would be the first to go. Mr.
Cheatham stated the first minute it is illegal, the County Attorney can call him, he
would be the first to go. Right now it is legal and he will run properly and if not so,
tell him and he will change it.
Commissioner Kennington asked Mr. Cheatham if this is legal gambling. Mr.
Cheatham stated it is not gambling whatsoever noting gambling is illegal.
Commissioner Kennington asked Mr. Cheatham is the lottery is illegal. Mr.
Cheatham stated it is illegal but deemed legal because of the Education Lottery
went 20% which goes into education.
November 7, 2011
9
Commissioner Blalock asked Mr. Cheatham if his was under the appellate court.
Mr. Cheatham stated they are all deemed legal in the State of NC and the appellate
court is why they are deemed legal. Mr. Cheatham stated he went to a big meeting
in Greensboro and they will let you run whatever wanted the next 2 ½ years and the
State of NC is going to take it over, lock, stock and barrel, seize the industry and
take it off in sales to get their own machines. Mr. Cheatham stated once they have
worked to get the clientele the State is going to take it, put it under the lottery and
take it away from them noting that is what he has heard from the big boys in
Greensboro.
Commissioner Kennington asked Mr. Cheatham the age limit to enter. Mr.
Cheatham stated 21 declaring on his mother’s grave, he can not remember the last
one he had playing in their 20s-30s. Mr. Cheatham stated 21 is fine and he has a
sign that has 18 on it but he will put 21 on it noting it is not a place for kids to hang
around, further noting, you have to play to stay. Mr. Cheatham stated most of his
players are ladies, they don’t want the crowd around there. Mr. Cheatham stated
once he locks the doors after sunset, he would have to know them to allow them in
and will run like a tight ship.
Commissioner Blalock asked Mr. Cheatham if his clientele would be coming from
Virginia. Mr. Cheatham stated he had a pretty loyal clientele over the past 4 ½
years and they call him all the time wanting to come down and asking when he will
open back up so he will have some Virginia money coming down plus he hopes to
have get some Roxboro and Person County people too. Commissioner Blalock
stated when she heard about this and read, she felt she needed to know more about
it, so she went and visited 2 internet cafes today and she looked to see who was
being served and they were not little old ladies, they were people who seemed to
need their money. Commissioner Blalock stated she talked with the girl and she
said many of them come in and it is addicting for some and that some of them
spend their light money. Mr. Cheatham stated morality could not be legislated and
asked who are we, if people want to play a legal business, if they like liquor stores
on the side of the roads, playing the lottery which is the biggest form of gambling
he ever seen, stock brokers playing the stock market is gambling, to say when a
person chooses to spend their 40 cents to play or not, was his only defense on that.
Commissioner Kennington asked Mr. Cheatham if food and/or alcohol would be
served. Mr. Cheatham stated absolutely no alcohol. Mr. Cheatham stated if anyone
is drinking or even smell of alcohol, they will be sent to the parking lot and asked to
leave the premises and cited for trespassing if they come back. Mr. Cheatham
stated he would not call the police as that went against the record. Mr. Cheatham
stated it would be a non-issue as he would be there. Mr. Cheatham stated he served
potato chips and drinks at his last one but we will not do that on this one because he
was going through about $100 a week for free snacks for his players/customers but
with Chip King selling at his Seven-Eleven, he won’t do it and just purchase from
over there.
November 7, 2011
10
Commissioner Kennington asked Mr. Cheatham to repeat his hours of operation.
Mr. Cheatham stated probably like 9:00 am to 9:00 pm noting his competitors are
running from 9:00 am to 3:00 or 4:00 am which is a no can do for him. Mr.
Cheatham stated he would open at 12:00 noon and depending on the customers,
close at 10:00 p.m. Mr. Cheatham stated in South Boston, that his hours were from
2:00 pm to 1:00 a.m. for 3 years, then went to closing by 11:00 pm with lights out
by midnight every night. Mr. Cheatham stated he would be closed by midnight and
if they want to play longer than that, they can go to his competitors and come back
the next day. Commissioner Kennington asked Mr. Cheatham if he would be open
on Sunday. Mr. Cheatham stated it would be 4:00 p.m. to 8:00 p.m. if the
customers are asking for it noting it took him 3 ½ years to open on Sunday up there,
doubting he would do it here.
Commissioner Kennington asked Mr. Cheatham about surveillance cameras. Mr.
Cheatham stated he would have those for the safety of his self and his employees.
Vice Chairman Puryear asked Mr. Cheatham how many people would he employ.
Mr. Cheatham stated probably 3 or 4, ladies, 2 white and 2 black 40-50 years old
noting ladies like ladies working there.
Mr. Chip King of 294 Wild Turkey Drive, Semora, and landowner for the internet
café, thanked the Board for allowing him to speak. Mr. King expressed his approval of
what Mr. Cheatham is planning on doing and they have been over the law and it seems to
be a fitting use of that property as he hasn’t had a lot of people beating the doors down
wanting to rent buildings around lately so anytime somebody comes with a business idea
that he thinks would work, he is in support of it. Mr. King stated he had been pretty clear
with Mr. Cheatham about what he expects on his property and the type of business he
runs will be extended through to him. Mr. King stated his appreciation if the Board
would see fit to approve this request for Mr. Cheatham.
Commissioner Jeffers asked Ms. Murphy the vote at the Planning Board Public
Hearing on October 13, 2011. Ms. Murphy stated they only had 4 members show up they
all voted yes. Commissioner Jeffers asked Ms. Murphy if there was any public at the
Public Hearing. Ms. Murphy stated no.
Chairman Clayton asked Ms. Murphy how they figured out to get 13 machines.
Ms. Murphy stated it was on the site plan.
Mr. Cheatham stated he did not think there was an ordinance concerning internet
cafes. Mr. Cheatham requested permission to run at least 20 machines which is less than
half of what his competitors and he wanted to have machines available when folks drive
there to play. Mr. Cheatham said 20 is a good round figure and enough for the spaces
noting if he has 8-10 cars he and Chip would be smiling from ear to ear.
November 7, 2011
11
Clayton Chairman asked Ms. Murphy where she got the number from again. Ms.
Murphy stated 13 spaces was shown on the site plan; shows on there it will be 13
computers/stations and Planning put down 1 parking space per terminal.
Commissioner Jeffers asked Ms. Murphy why was there a staff comment to limit
the number of machines per square footage when she did not know the square footage.
Ms. Murphy stated they did not know what the square footage was in there but more to
look at to see if he could put in 13 and it is more a Building Inspections item than it is
Planning because they have to have room to move around noting it is a small building
inside and Planning did not know what the table sizes were, that type of thing, whether
they would fit into the small space. Mr. Cheatham stated he could answer noting he was
in a building half this size and he had 28 machines in Halifax for about 5 years. Mr.
Cheatham stated it is 5 feet from the back of the chair to the wall, 5 on each side leaves
12 feet in the middle, can drop a car in there. Mr. Cheatham stated as far as the parking
lot, 6 tractor trailers can be placed side by side on the pavement behind his cars.
Chairman Clayton asked Ms. Murphy if the county has anything in the ordinances
that addresses internet café or so many computers/terminals per foot. Ms. Murphy
confirmed the county does not address internet cafés or many how computers are limited
per foot in any county ordinance.
Chairman Clayton asked Ms. Murphy if the Planning Board and Staff decided it
was 13 computers based on the parking spaces. Ms. Murphy stated they could look at it
as parking spaces per square footage in the building but it is not exactly accurate when
there are 13 people that could be playing the game plus an employee and they don’t all
have to come together and the lot is small.
Commissioner Jeffers commented to Ms. Murphy that the county doesn’t know
what the City of Roxboro does because there was not a comparison to them, correct. Ms.
Murphy stated she did not compare because she had a lot of ordinances from other
localities.
Mr. Cheatham pointed out there are 6 parking places to about 30 machines next to
Dream Works plus they have 3 businesses on both sides. Mr. Cheatham noted there are
50 machines and about 20 parking spaces at another location and on 158 there is probably
30 machines with about 20 parking spaces. Mr. Cheatham noted in all the places they
have at least three to four times as many machines as they have parking places. Mr.
Cheatham stated he needed at least 20 machines to handle the customers based on past
experience.
Commissioner Kennington asked Ms. Murphy what the maximum number of
people that the Fire Inspector wants in a building that size. Ms. Murphy stated Building
Inspections will look at it a little bit more as far as how it is laid out noting she talked
with them today and depends on how many people you get in there whether you have to
have 2 handicap bathrooms.
November 7, 2011
12
Commissioner Jeffers asked Ms. Murphy is it customary for them (Inspections) to
do that after the Board approves something like this or should they have done that before.
Ms. Murphy stated it could be done either way and preference is to see it before that way
staff could give the Board a better idea of what is going on and whether it works. Ms.
Murphy confirmed for Commissioner Jeffers that she had been speaking to Inspections
all along the way. Commissioner Jeffers asked when would Inspections look at it. Ms.
Murphy stated they have not received the plans for the interior of the building.
Commissioner Kennington asked Ms. Murphy if they had asked for that noting one of the
staff comments was that they asked for the scale drawing but up to date not received
those, is that right. Ms. Murphy confirmed affirmatively. Commissioner Kennington
asked Ms. Murphy when did she ask for that. Ms. Murphy stated it was requested before
it went to the Planning Board. Mr. Cheatham stated he talked to Inspections today noting
he would have it with him tonight, returning it to Chip and taking it back in the morning.
There was no one present that appeared before the Board to speak in opposition to
the request for a Special Use Permit from Robert B. Cheatham for a private recreation for
profit (Internet Sweepstakes Business) on U.S. 501 South, Durham Road.
A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear and carried 5-0 to close the public hearing for a request for a Special Use Permit
from Robert B. Cheatham for a private recreation for profit (Internet Sweepstakes
Business) on U.S. 501 South, Durham Road.
BOARD CONSIDERATION FOR A SPECIAL USE PERMIT REQUEST FROM
ROBERT B. CHEATHAM FOR A PRIVATE RECREATION FOR PROFIT
(INTERNET SWEEPSTAKES BUSINESS) ON U.S. 501 SOUTH, DURHAM
ROAD:
Chairman Clayton commented that the Planning Board recommended the request
by unanimous vote noting Mr. Cheatham was comfortable with age limit of 21 but
questioned the limit of 13 machines especially with no regulating ordinance. Chairman
Clayton noted his support of allowing 20 computers and not making so much difference
with parking spaces.
Commissioner Jeffers commented the vote is not relative to supporting the type of
business as his review is the same as any other business being established.
Commissioner Jeffers stated his desire that the item should have been compared to the
City of Roxboro as well as have more information on the staff comments noting his
support of the 20 machines to be allowed further noting the age limit of 21 should not be
the precedent for others requesting the same business due to not having an ordinance.
November 7, 2011
13
Commissioner Kennington stated support to postpone action for further
information and to review the City of Roxboro’s ordinance and hear back from the Fire
Inspector for that size building based on the prospective owner turning in a to scale
model showing the location of the machines.
Commissioner Blalock stated support to see a schematic of the lay out and noted
her concern of the use as a questionable business.
Vice Chairman Puryear stated it is a legal business and opposed placing more
obstacles for people to start a small business in the county. Vice Chairman Puryear stated
support of 20 machines.
Commissioner Jeffers spoke against postponing action due to an error on the
county’s end, not the applicant’s.
Mr. Cheatham stated he had already waiting 90 days, reiterating his need for 20
machines compared to sites in the City with 50 machines.
County Manager, Heidi York reminded the Board they would have a meeting on
Monday, November 14, 2011 should the Board wish to have additional information.
Vice Chairman Puryear commented that questions should have been raised before
this meeting.
Commissioner Kennington requested the County Attorney for a ruling of law on
NC General Statute 14-306.4. County Attorney, Ron Aycock told the Board that General
Assembly has tried several times to restrict operation of such business but not allowed to
do so due to a constitutional challenge.
Mr. Aycock noted there is a lawsuit brought in Wake County attempting to
prohibit the business whereby a Judge ruled that the law as passed by General Assembly
was effected to prohibit any of these operations anywhere in the State of NC. Mr.
Aycock noted in Wake County, clearly prohibited.
Mr. Aycock stated there was also a lawsuit brought to prohibit the business in
Guilford County whereby the Judge ruled the General Assembly was only successful in
the way they wrote the law to prohibit specific types of activities, i.e. Pot-of-Gold based
on random chance of matching different pictures further ruling the entertaining display
and any other video not dependent upon skill was not sufficient so a person knew what
being prohibited. Mr. Aycock continued to state the ruling could not prohibit any of the
other entertaining displays, not specified. Mr. Aycock noted in Guilford County, aside
from the specifically named that are prohibited, it is allowed.
Mr. Aycock stated both of the above cases are on appeal to the Court of Appeals
which may be argued soon (not restricted to any scheduled date to render an opinion).
November 7, 2011
14
Mr. Aycock stated Person County is in a situation whereby it is not stated that it is
illegal in Person County so long as any operator in Person County does not operate a
specifically named prohibited game, it is legal right to run the game.
A motion was made by Commissioner Jeffers, seconded by Vice Chairman
Puryear and carried 3/2 to approve the request for a Special Use Permit from Robert B.
Cheatham for a private recreation for profit (Internet Sweepstakes Business) on U.S. 501
South, Durham Road subject to the conditions as presented by Planning Staff with the
only change from the conditions is to allow 20 machines. Commissioners Blalock and
Kennington voted in opposition to the motion.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Ms. Sharon Slaughter of 1378 Bowen Road, Rougemont, and representing over
1,900 tax paying residents of Person County, presented a petition to the Board and county
government to end all uses of gas chambers at Person County Animal Shelter and
requested that euthanasia by injection be the only method used for those animal not
fortunate enough to be adopted or reclaimed. Ms. Slaughter further requested by petition
for the gas chamber to be removed from Person County property stating studies show that
gas chambers cost more money, are cruel to animals and potentially harmful to workers.
Ms. Margaret McMann, Tourism Development Authority Director stated
appreciation of the Board’s recent support of the Shop-Eat-Enjoy initiative sponsored by
the Roxboro Development Group and proceeded to hand out informative brochures
illustrating the businesses participating.
APPROVAL OF MINUTES:
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Blalock, and carried 5-0 to approve the minutes of October 17, 2011
TAX ADMINISTRATIVE REPORT:
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers, and carried 5-0 to approve the Tax Administrative Report noting the Releases for
the month of September, 2011.
November 7, 2011
15
OLD BUSINESS:
FRAUD POLICY:
County Manager, Heidi York stated at the Board’s October 3rd meeting, the
proposed Fraud Policy was discussed. During that discussion the Board was interested in
making the Policy applicable to Board-appointed boards and commissions. The proposed
Policy was written as a best practice and at the recommendation of the County’s auditors
and is intended to apply to Person County Employees only. The public is needed as a
resource to report potential fraud, but at the recommendation of the County Attorney, a
separate policy that would apply to volunteers of County-appointed boards and
commissions is needed. Ms. York stated the County Attorney has suggested drafting
language for a proposed Ethics Policy that applies to boards and commissions if the
Board desires.
Ms. York highlighted the current proposed Fraud Policy noting the purpose, "The
purpose of this Policy is to affirm that fraud and corruption will not be tolerated and to
define the consequences of fraud and corruption. It also sets out the framework to ensure
a timely and appropriate response to instances of alleged fraud or corruption." Ms. York
stated staffs’ intent that this document provides an easy means to employees as well as
the public to report any instances of fraud or potential fraud that may prevent and
minimize financial losses. The Fraud Policy:
· defines fraud and related behavior
· develops procedures for the prevention, reporting, investigation, and
consequential actions of fraudulent activities
· makes known the various reporting options for employees and public
Ms. York requested the Board to review the proposed Fraud Policy for Person
County and adopt if appropriate as well as direct the County Attorney to draft an Ethics
Policy for boards and commissions that could address fraud for those volunteers.
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers and carried 5-0 to approve the Fraud Policy as presented as well as direct the
County Attorney to draft an Ethics Policy for boards and commissions that could address
fraud for those volunteers.
NEW BUSINESS:
VETERANS DAY 2011 PROCLAMATION:
Chairman Clayton informed the group that on Friday, November 11, 2011, a
Veterans Day parade would begin at 10:30 am at the Museum of History with an
unveiling ceremony of the Korean War Monument at 11:00 a.m. Chairman Clayton read
the Veterans Day 2011 Proclamation for Board adoption.
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Jeffers and carried 5-0 to adopt the Veterans Day 2011 Proclamation.
November 7, 2011
16
County Manager, Heidi York noted county offices would be closed on Friday,
November 11, 2011 in observation of the Veterans Day Holiday.
November 7, 2011
17
CONSIDERATION OF APPROVAL OF LATE EXEMPTION APPLICATIONS:
Tax Administrator, Russell Jones told the Board that every year, the tax office
receives applications for Seniors that are age 65 by January 1, 100% service related
Disabled Citizens, Honorably Discharged Veterans, and Circuit Breaker (income and
home ownership requirements) exemptions that fail to meet the June 1st deadline. Mr.
Jones stated in an effort to help inform the public of these exemptions, the tax office
mailed information along with the listing forms to 5,594 citizens. The tax office has also
developed brochures for all three exemption programs which made these programs easier
to understand, and passed out over 500 copies. Mr. Jones noted these efforts resulted in
88 new applications, with 66 approved applications, 14 denied applications (12 were over
the income limit, 1 was not 65 as of January 1st, and 1 did not own their home), and 8 late
applications.
Mr. Jones stated the 8 late applications would have been approved if they had
been received by the tax office by June 1st. These applications met all requirements,
however since they were late; the late applications could not be approved by the tax
office. The Board of Commissioners may approve late applications if received by
December 31st. Since the late applications met all guidelines (other than the application
deadline) Mr. Jones recommended Board approval.
Mr. Jones highlighted a spreadsheet provided to the Board that outlined the tax
impact and the reasons for the late applications. The actual applications were not
provided since they include social security numbers and income information.
Mr. Jones noted Person County has 672 properties that are receiving benefit from
these exemptions, which does not include the 8 applications submitted for Board
consideration for approval.
A motion was made by Commissioner Blalock, seconded by Vice Chairman
Puryear and carried 5-0 to approve the 8 late exemption applications as presented by the
Tax Administrator.
PERSON AREA TRANSPORTATION SYSTEM POLICIES (1) ZERO
TOLERANCE DRUG AND ALCOHOL TESTING POLICY, AND 2) DRUG AND
ALCOHOL TESTING POLICY:
Transportation Director, Kathy Adcock stated the NC Department of
Transportation (NCDOT) made requirement changes and changed the wording of their
policy, therefore, an updated policy is needed to be adopted by the Board in order to
maintain compliance with NCDOT. Changes are as follows:
Zero Tolerance Drug & Alcohol Testing Policy:
Page 6. Substance Abuse Professional (SAP): changed wording to add state-
licensed marriage and family therapist to the section.
November 7, 2011
18
Page 15. Section i: NCDOT now requires the consent from all applicants to give
all FTA drug and alcohol reports from previous NCDOT-covered employers for the last
two years.
Drug & Alcohol Testing Policy:
Page 5. Substance Abuse Professional (SAP): changed wording to add state-
licensed marriage and family therapist to the section.
Page 15. Section i: NCDOT now requires the consent from all applicants to give
all FTA drug and alcohol reports from previous NCDOT-covered employers for the last
two years.
A motion was made by Vice Chairman Puryear, seconded by Commissioner
Blalock and carried 5-0 to approve and adopt the Zero Tolerance Drug & Alcohol
Testing Policy and the Drug & Alcohol Testing Policy as presented by the Transportation
Director.
BUDGET AMENDMENTS:
Finance Director, Amy Wehrenberg presented and explained the following
Budget Amendment.
Upon a motion by Commissioner Jeffers, and a second by Commissioner Blalock
and majority vote (5-0), the Board of Commissioners of Person County does hereby
amend the Budget of the Fund(s) listed below on this, the 7th day of November 2011, as
follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety (14,524)
Human Services 165,449
Culture & Recreation 25,252
Transfer to Other Funds 64,275
REVENUES General Fund
Intergovernmental Revenues 145,862
Other Revenues 94,590
EXPENDITURES Person Industries & MRF Fund 27,399
REVENUES Person Industries & MRF Fund
Fund Balance Appropriation 9,736
Intergovernmental Revenues 8,000
Other Revenues 9,663
November 7, 2011
19
EXPENDITURES CIP Capital Project Fund 64,275
REVENUES CIP Capital Project Fund
Transfer from General Fund 64,275
Explanation:
Reduction in Very Important Parents (VIP) Grant (-$19,587); United Way funds awarded to VIP
($2,000); miscellaneous revenues received for VIP associated with a prior year expenditure
reimbursement ($3,063); various grant and program funds received in the Health Department
including the Family Planning Grant ($4,449), Incubator Funds ($11,000) and School Nurse
Funds ($150,000); a contract between the Person County School System and Person Industries to
provide job coaching services at Person High School ($8,000); vehicle insurance proceeds
received for the replacement of a vehicle at Person Industries ($9,663); fund balance appropriation
in the Person Industries Fund to assist in the purchase of replacement vehicle ($9,736); interfund
transactions (for reporting purposes) to the Reappraisal Fund to cover costs associated with the
revaluation process ($143,750); and insurance proceeds received for damage to the Huck
Sansbury Gym roof and gym floor ($89,527).
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 208,709
Public Safety 40,515
Economic & Physical Develop. 4,928
Environmental Protection 12,331
Education 146,714
Transportation 10,504
Cultural & Recreational 52,732
Human Services 57,508
REVENUES General Fund
Intergovernmental Revenues 6,384
Fund Balance Appropriated 527,557
EXPENDITURES Person Industries & MRF Fund 7,983
REVENUES Person Industries & MRF Fund
Fund Balance Appropriated 7,983
Explanation:
Carryforward of purchase orders and commitments outstanding as of June 30, 2011
November 7, 2011
20
Commissioner Jeffers asked how the reduction in the VIP Grant would affect
Cooperative Extension and the two VIP employees. County Manager, Heidi York noted
the state funding reduction would mean the funding stream would end around March,
2012 and at that point the program would be unable to continue.
RECAP OF JOINT SESSION WITH ECONOMIC DEVELOPMENT
COMMISSION:
County Manager, Heidi York asked the Board if there was any further
information to follow up to the joint session with the Economic Development
Commission. Chairman Clayton requested staffing options from the County Manager.
Ms. York passed out copies of the job descriptions for both the current Assistant County
Manager role and the previous Community Development Coordinator positions. Ms.
York proposed to use the same functional duties from the Community Development
Coordinator position and rename to a Coordinator of Strategic Initiatives for
implementation of the Strategic Plan, grant writing supporting multiple county
departments as well as lend support to economic development, either in an administrative
or grant writing capacity. Ms. York noted the Assistant County Manager is tasked with
coordinating and oversight of economic development as well as provides administrative
management to those departments that impact economic development and quality of life
programming for the county.
Vice Chairman Puryear stated the Assistant County Manager position needs to be
completely separate from economic development director and the Community
Development Coordinator would be a good go between person to assist setting up grants
in addition to Strategic Planning and economic development. Vice Chairman Puryear
advocated going forward with options for a full time economic development developer as
well as a staff member for assistance.
Commissioner Jeffers did not agree with four positions noted by Vice Chairman
Puryear but advocated for a combination of both positions to one for the duties of the
Assistant County Manager/Community Development Coordinator with separate
Economic Development Director requesting further information from other counties for
pay grades, pay salary for an economic development director and administrative staff.
Chairman Clayton also requested information to keep the economic development
director a separate position.
Commissioner Kennington stated Person County does not have the luxury to hire
additional people at this time noting his preference to make the best use of the current
personnel. Commissioner Kennington stated preference for the Assistant County
Manager with major responsibilities in economic development and a position to include
Strategic Planning and grant writing, with both positions reporting directly to the County
Manager. Commissioner Kennington agreed that the Board receive cost information.
November 7, 2011
21
Commissioner Blalock suggested bringing back the discussion at the next
meeting.
Ms. York told the Board she would bring back benchmarks from other competing
counties related to an Economic Development Director position with job descriptions and
estimated costs.
CHAIRMAN’S REPORT:
Chairman Clayton encouraged everyone to remember Person County Veterans.
Chairman Clayton asked Board members for a volunteer to attend a ribbon cutting
at B&B Industries (manufacturer of pork rinds) on November 16, 2011 at 10:00 am.
Vice Chairman Puryear stated he could attend.
MANAGER’S REPORT:
County Manager, Heidi York requested the Board to approve a relocation of the
Board of Commissioners November 14, 2011 meeting (9:00 a.m.) from the County
Auditorium to the FEMA Room located at 355 S. Madison Blvd (adjacent to the Person
County Health Department) to accommodate the Local Government Day lunch to be
served in the Auditorium. It was the consensus of the Board to accommodate the request
and relocate the November 14, 2011 Board meeting to the FEMA Room as requested by
the County Manager.
Ms. York told the Board there would be no agenda for the informal Community
Conversations scheduled for November 28, 2011, 6:30 p.m. at the Kirby.
COMMISSIONER REPORT/COMMENTS:
Commissioner Kennington had no report or comments.
Commissioner Blalock asked if there was an update from the Board of Education.
County Manager, Heidi York noted the Board of Education would be meeting on
November 14, 2011 further noting no action has taken place related to the county’s
request to have the old Helena School property conveyed back to the county.
Commissioner Blalock stated November 15, 2011 is America Recycles Day.
Commissioner Jeffers noted he participated in the ribbon cutting for
Granddaddy’s Restaurant and attended the Council of Governments (COG) meeting
where the Vice President of the NC Rural Center spoke related to their upcoming annual
Forum on November 15-16, 2011 to which he will be a panelist speaking on why he lives
in a rural area. Commissioner Jeffers stated the NC Association of County
Commissioners Executive Committee recently met with Governor Purdue and the
Commerce Department whereby he advocated the 501 N road project.
November 7, 2011
22
Vice Chairman Puryear had no report or comments.
ADJOURNMENT:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Blalock, and carried 5-0 to adjourn the meeting at 8:26 p.m.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman