August 17
August 17, 2009
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PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 17, 2009
MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford Heidi York, County Manager
Jimmy B. Clayton C. Ronald Aycock, County Attorney
Kyle W. Puryear Brenda B. Reaves, Clerk to the Board
B. Ray Jeffers
Samuel R. Kennington
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, August 17, 2009 at 9:00 a.m. in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Lunsford called the meeting to order and asked Commissioner Clayton
to lead in prayer and Commissioner Kennington to lead the Pledge of Allegiance.
RESOLUTION HONORING THE SERVICE OF PRIVATE 1ST CLASS
RICHARD K. JONES TO THE ARMED SERVICES OF THE UNITED STATES
OF AMERICA:
Chairman Lunsford presented and read the Resolution Honoring the Service of
Private 1st Class Richard Kelvin Jones to the Armed Services of the United States of
America.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers and carried to adopt the Resolution Honoring the Service of Private 1st Class
Richard Kelvin Jones to the Armed Services of the United States of America.
Sheriff Dewey Jones accepted the Resolution Honoring the Service of Private 1st
Class Richard Kelvin Jones to the Armed Services of the United States of America on
behalf of the family and confirmed he would present the resolution to the family.
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DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton and carried to approve the agenda.
INFORMAL COMMENTS:
There following individuals addressed the Board during the informal comment
period.
Ms. Wanda Rogers, Director of the Person Industries announced to the Board the
dates scheduled for the Person County Recycling grand opening. A ribbon cutting will
be held at 10:00 a.m. on September 11, 2009 at the new recycling facility located at 741
Martin Street. Tours/open house will be available on September 12, 2009.
Mr. Bill West of 182 Munday Oakley Road, Semora, a property and home owner
at Shore Acres Subdivision for 21 years, stated many property owners were in attendance
to inform the Board that two property owners (two lots) in the subdivision are in violation
of the Person County Ordinance prohibiting the use of camping trailers for recreational
vehicles on residential properties. Mr. West noted the two lots with three permanent
camper hook ups each with water, electric and sewer has history of up to six camping
trailers in use. Mr. West further noted one site was constructed without permits of the
Health Department or the Planning Board. The other site started out as a covered picnic
area and has grown over the years adding campers with up to five campers this summer.
Mr. West stated one of the owners has verbally stated his intent to increase the use of
camping vehicles on his property. The Health Department notified the Planning &
Zoning Department, who in turn, issued letters to the property owners with instructions to
remove the campers by August 10, 2009. Mr. West feels the Ordinance is well written,
fair and in place to protect the property values of the residents and these uncontrolled
trailer parks is a detriment to property values and ultimately the tax base. Mr. West
requested the Board of County Commissions and the Planning & Zoning Board to reject
any attempt by a few property owners to adapt the laws for their own purposes noting
there are 59 home owners in the subdivision.
Ms. Lois McIver Winstead of 219 South Lamar Street, Roxboro spoke in
opposition to any expansion of the landfill and spoke in favor of the Board adopting the
goals of the Future’s Project as well as volunteered to assist on the working committee
Re-imagine our County for a Better Future.
Mr. Phil Baer of 377 Potluck Farm Road stated he and his wife, Ellen, were
supporters of the Future’s Project and offered to serve as volunteers on a working
committee for New Economy Planning and/or Education. Mr. Baer urged the Board to
support, adopt and implement the Future’s Project.
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Ms. Frances Blalock 1504 Surl Mt Tirzah Road, Timberlake, spoke in support of
the Future’s Project and volunteered to work on the committee to Protect Our Land. Ms.
Blalock stated she was told by the County Manager that cells 7-10 are not needed to
fulfill the present contract. Ms. Blalock requested the Board to allow time to educate the
citizens of Person County on recycling and reducing waste. Ms. Blalock stated in her
opinion that a public hearing of this magnitude should be at night.
Ms. Marje Stehle PO Box 132, Semora, spoke on behalf of her husband, Al, and
their support of the Future’s project and offered her time on a working committee.
Ms. Ann Thompson of 160 BC Way, Rougemont spoke in support of the Future’s
Project and volunteered to work on the committee for Environment and asked the Board
to say no to the dump.
Ms. Margaret LaRoe of 384 Potluck Farm Road, Rougemont spoke in support of
the Future’s Project and volunteered to work on the committee for Encourage Learning
for Life and Lifelong Learning. Ms. LaRoe stated, on behalf of her neighbor, Vonda
Frantz, she too would be willing to serve on a working committee.
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont spoke in opposition of
expansion of the landfill telling the Board of the feeder creeks to the Tar River,
graveyard, rare and endangered plant and animal life, the residents that live adjacent to
the landfill, all affected by the landfill.
APPROVAL OF MINUTES:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Kennington, and carried to approve the minutes of August 3, 2009.
ADMINISTRATIVE REPORTS:
Commissioner Kennington commented on the July 2009 total building values
were at 2.90 million compared to 1.75 million from one year ago and thanked the County
Manager and the Library Director for including the annual comparisons in the Library
Report. The County Manager reminded the Board that the fees were increased at the
Inspections Department which is one reason for the increase.
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to approve the Administrative Reports for the Inspections
Department, Public Library and the Planning & Zoning Activity Report.
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OLD BUSINESS:
CONSIDERATION TO ADOPT PERSON FUTURE’S CONFERENCE
REPORT, RECOMMENDED GOALS AND NEXT STEPS:
Commissioner Kennington highlighted the memo put into the Commissioner’s
mailboxes relative to the tentative schedule in taking the next steps should the Board
approve the Future’s Report and recommended goals noting the need to set up a meeting
for the Board to select chairpersons for each committee, setting the structure for the
committees for fact finding, community conversations, drafting positions, presenting to
community, and collaborating with other working groups. Commissioners Kennington
stated each committee would work together to write specific objectives, actions,
measures and progress indicators for each goal. Commissioner Kennington continued to
outline the membership of each committee noting three co-chairs with up to fifteen
members each. The three co-chairs of each committee would in turn serve as the
Executive Committee. Commissioner Kennington stated the process would be open and
he would request the use of the county website to keep the public updated on the work of
each committee. Resources to the committees would include county and city employees
as well as Liza Pratt throughout the year at no cost. To further explain the five goals
outlined in the Future’s Project, Commissioner Kennington added a scope of each goal.
1. PROSPER BY DEVELOPING THE NEW ECONOMY LOCALLY.
The scope of this goal addresses economic development – expanding existing and
developing new, locally appropriate businesses and industries and encouraging
outside investment by improving the local quality of life.
2. FOSTER A SENSE OF COMMUNITY.
The scope of this goal encompasses community development, downtown
redevelopment, neighborhood planning, and historic preservation. It will develop
strategies that coordinate the efforts of parks, arts, and recreation programming,
commercial centers, local businesses, community organizations, churches, and
schools, to create places where people can come together, to integrate newcomers to
the county, engage the diverse communities within the county, celebrate local history,
encourage civic engagement, and address issues of crime, drugs, gangs, and safety.
3. PROTECT OUR LAND.
The scope of this goal encompasses issues of land conservation, environmental
quality, and environmental health. It can include direct and indirect methods – from
land use regulations to economic development that makes working lands
economically viable and reduces the pressure on landowners to subdivide and
develop forests and farmland. Strategies to ensure opportunities for outdoor
recreation and to address community concerns regarding the landfill, air quality,
water quality, and environmental pollutants should also be developed.
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4. ENCOURAGE LEARNING FOR LIFE AND LIFELONG LEARNING.
The scope of this goal encompasses traditional education in the schools, as well as
extracurricular youth programming, enrichment programs, workforce and jobs
training, and enrichment opportunities for community members of all ages. Creative
strategies should utilize community assets such as youth volunteers, retired
volunteers, community members with unique skills to share, and a range of public,
private, and nongovernmental organizations.
5. REIMAGINE OUR COUNTY FOR A BETTER FUTURE.
This is the broadest goal. The specific activities of the working group for this goal
may be as important as the final vision they develop and may include additional
community surveys and visioning activities. The focus should be developing a
common vision for Person County’s future that integrates and supports the other
goals. It should develop strategies for marketing this new vision internally to
promote community pride and externally to encourage investment in Person County.
Commissioner Kennington noted the comparative goals from previous Person
County Strategic Plan works noting the goals are aligned with the proposed goals.
Commissioner Kennington made the recommendation to the Board to adopt the
goals, select a working committee goal to chair, and select the subcommittee to work
with the County Manager to get the process started. Commissioner Kennington thanked
the Board members for allowing this presentation, the 160 people in the community that
worked on this project with special thanks to Randy Hester, and particularly Julie,
Rachel, Rafi, and Liza.
Commissioner Clayton requested the Board to meet Monday, August 24, 2009 at
9:00 a.m. for the purpose on working on the details to adopt the Person Future’s Report,
goals and next steps.
Chairman Lunsford concurred with Commissioner Clayton noting the time to tap
into the resources through all the volunteers to assist in moving forward with this project.
Commissioner Jeffers thanked Commissioner Kennington, Dr. Hester and all the
students and citizens that participated in the Person Future’s study noting the need of a
strategic plan for Person County during this transitioning period. Commissioner Jeffers
agreed with the need for the preservation of farm lands and for an increased support of
local businesses as well as a need for a sense of community. Commissioner Jeffers noted
an area of concern regarding the developed goals were from only 60 members of the
community representing over 37,000 in Person County. Commissioner Jeffers further
noted the need for more representation from the younger generation stating Person
County citizens ages 20-54 is 48% with ages 20-44 reflecting 33% of the total
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population. In addition to 5 goals presented, Commissioner Jeffers would like to see the
additional goals included:
1) Collaborative efforts to develop a comprehensive plan for growth and land use to
maintain and enhance the quality of life for Person County citizens,
2) Collaborative efforts with educational institutions, businesses, agencies and
communities to address job creation, employment opportunities and training
needs,
3) Improvement in efficiency in every county department, and
4) Enhance public safety in a collaborative manner.
Commissioner Jeffers stated he would like to see the new Strategic Plan
implemented within the next 3-5 years.
A motion was made by Commissioner Kennington, seconded by Commissioner
Clayton, and carried for the Board of County Commissioners to meet Monday, August
24, 2009 at 9:00 a.m. for the purpose on working on the details to adopt the Person
Future’s Report, goals and next steps.
NEW BUSINESS:
NC DEPARTMENT OF TRANSPORTATION ROAD MAINTENANCE
& SECONDARY ROAD CONSTRUCTION PROGRAM
FOR PERSON COUNTY:
County Manager, Heidi York stated a group from the North Carolina Department
of Transportation (NC DOT) was in attendance to give the Board an update on Road
Maintenance and Secondary Road Construction in Person County.
Attendees from the NC DOT were:
Wally Bowman, P.E - Division Engineer
Joey Hopkins, P.E. - Deputy Division Engineer
Brandon Jones, P.E. - Division Maintenance Engineer
Tasha Johnson, P.E. - District Engineer
Anthony Talley - Person County Maintenance Engineer
Michelle R. F. Gray - Assistant District Engineer
Mike Goodwin - Assistant District Engineer
Barry Matherly - Transportation Technician
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Ms. Tasha Johnson introduced the NC DOT attendees and reported in February
2009, DOT Secretary Conti sent out a letter notifying county governments of funding
difficulties resulting in a 10% decrease in revenues which translated to $25-30 million in
lost revenues each month. NC DOT made a 7% across the board cut in February and
enacted a hiring freeze, laid off temporary employees, and others to accommodate the
reduced revenues. Ms. Johnson stated the Secondary Roads Program was reduced by
50%. Ms. Johnson reported that all eight roads that were planned were built through the
2007-08 program totaling 4.35 miles including improvements to the Rescue Squad
driveway as well as paving a short section of Mayo Lake Road at the church. Ms.
Johnson stated there will be no new secondary road construction this year however
moving forward in design and surveying. Ms. Johnson noted every four years the NC
DOT reevaluates all remaining unpaved secondary roads which was done this past spring.
Ms. Johnson passed out a copy of this report.
A question and answer period time was allowed covering the following:
Question Answer
Commissioner Kennington asked who
notifies the County when a road is closed,
i.e. when Rolling Hills Road was closed
due to the bridge washed out?
Mr. Talley stated NC DOT contacted the
Communications Department (911) to
inform of the road closing. Commissioners
agreed that the County Manager should be
on their contact list. NC DOT stated they
would contact the County Manager in the
future.
Commissioner Kennington asked how
many one-lane bridges are in North
Carolina?
Mr. Bowman did not know the answer but
offered to research and report the priority
for bridge replacement.
Commissioner Kennington requested
comparison data for the counties in North
Carolina regarding any funding received.
Mr. Bowman stated they could research
and submit data but wanted to reduce the
search to certain counties versus all 100
counties.
Commissioner Clayton asked NC DOT to
review the south side of the creek on Ann
Drive, just off of Weldon Painter to see if
the water flow could be improved.
Mr. Talley responded they would take a
look at it.
Commissioner Clayton reported complaints
from residents on Cedar Creek Road, off of
Dink Ashley, that no speed limit signs were
posted nor did the road have marked lines.
Mr. Talley agreed to contact Traffic
Services regarding no speed limit signs
posted and noted that dead end roads, less
than a mile long do not require line
markings.
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Commissioner Jeffers asked about
McGhees Mill Road from the Hyco Bridge
to Virginia line as to why not on the list for
resurfacing due to the many potholes.
Mr. Talley stated it would be included in
the next year’s plan.
Commissioner Puryear asked NC DOT to
consider paving a portion of the Mayo
Lake Road at the church.
Mr. Talley confirmed a short section near
the church was paved last summer. Mr.
Bowman noted Mayo Lake Road is #45 out
69 to be paved.
Commissioner Kennington inquired why
Mayo Lake Road as a major connector of
two major roads (501N & 49N) not already
paved?
Mr. Bowman stated it is due to the ranking
which is based on points for traffic, number
of homes, businesses, churches, etc.
Assistant County Manager asked about 6
parcels of right-of-way that relate to the
water line extension project road
relocation. Person County is working with
the U.S. Environmental Protection Agency
and the N.C. Underground Storage Tanks
section to get a water line extension to an
area in Person County that has
contaminated wells. A portion of this 4
mile water line extension will be in an area
of road relocation associated with the A
phase of the US 501 widening. Mr. Bailey
stated the design of this extension has been
in new right-of-way area so not to interfere
with construction of Phase A.
Mr. Bowman could not respond and
wanted to meet briefly with Mr. Bailey
following the meeting to collect contact
information. Mr. Bowman stated they
would follow up with the Right-of-Way
and Utilities Section in Raleigh and
respond with an update.
Mr. Bowman was happy to share with the Board the fact that NC DOT would be
able to resurface secondary roads in Person County starting in October of year with a
completion date of June, 2010. Mr. Bowman passed out a map illustrating the 13.46
miles planned to resurface on Hester Store Road, Tom Oakley Road, Old Allensville
Road, Mollie Mooney Road and Roby Barton Road.
Mr. Bowman stated stimulus funding will be used on NC49 and US158 for work
to be completed in 2010.
Mr. Bowman discussed the Transportation Improvement Program (TIP) that is
currently in the first year of transitioning into a 7 year program. Approximately 17
billion is in the TIP Program and 9 billion is anticipated based on the revenues.
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Mr. Bowman explained the Rural Planning Organizations are involved in the Spot
process where project prioritization is based on a:
• qualitative score – ranking system where the Division and the RPO ranks the
projects through a computerized database and a
• quantitative score based on goals with mobility (congestion), safety (crash rates)
and infrastructure (pavement condition).
A draft TIP is expected in May 2010 per Mr. Bowman noting that anything that
was already in the TIP, funded for construction in the first 60 months will stay in the TIP
not having to be ranked which is good news for project A of the 501 North to the Virginia
line project scheduled for construction in 2012. Project B & C on the 501 North project
will have to be ranked.
Mr. Bowman discussed other projects in Person County:
• two bridges to be replaced on Edwin Robinson Road.
• Rolling Hills Bridge should be completed by the end of November this year.
• Air quality funds (CMAC) for improvements at Chub Lake and on Ridge Road
are available. The Town of Roxboro is working on this project.
• Additional CMAC funds – 13 projects added to the TIP to include the North Main
Street sidewalk.
Chairman Lunsford thanked the NC DOT representatives for the informational
update.
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to accept the report by the NC Department of Transportation Road
Maintenance and Secondary Road Construction in Person County.
PRESENTATION ON THE 2010 CENSUS:
Planning & Zoning Director, Paula Murphy introduced Christine Mackey,
Partnership Specialist with the United States Census Bureau who gave the following
presentation noting the U.S. Constitution requires a national census to be taken every ten
years. April 1, 2010 will be considered census day. Ms. Murphy requested the Board’s
support to partner with the U.S. Census Bureau.
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Commissioner Kennington asked how many part time people would be hired.
Ms. Mackey stated she would research and respond to the County Manager.
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A motion was made by Commissioner Jeffers, seconded by Commissioner
Puryear, and carried to adopt the Person County Resolution partnering with the U.S.
Census Bureau.
PERSON COUNTY RESOLUTION PARTNERING WITH THE U.S. CENSUS BUREAU
WHEREAS an accurate census count is vital to our community and residents’ well-being by
helping planners determine where to locate schools, day-care centers, roads and
public transportation, hospitals and other facilities, and is used to make decisions
concerning business growth and housing needs;
WHEREAS more than $300 billion per year in federal and state funding is allocated to states and
communities based on census data;
WHEREAS census data ensure fair Congressional representation by determining how many
seats each state will have in the U.S. House of Representatives as well as the
redistricting of state legislatures, county and city councils, and voting districts;
WHEREAS the 2010 Census creates jobs that stimulate economic growth and increase
employment opportunities in our community;
WHEREAS the information collected by the census is protected by law and remains confidential
for 72 years;
NOW, THEREFORE, we PROCLAIM that Person County is committed to partnering with the
U.S. Census Bureau to help ensure a full and accurate count in 2010.
As a 2010 Census partner, we will:
1. Support the goals and ideals for the 2010 Census and will disseminate 2010 Census
information to encourage those in our community to participate.
2. Encourage people in Person County to place an emphasis on the 2010 Census and
participate in events and initiatives that will raise overall awareness of the 2010 Census
and ensure a full and accurate census.
3. Support census takers as they help our community complete an accurate count.
4. Create or seek opportunities to collaborate with other like-minded groups in our
community, such as Complete Count Committees, to utilize high-profile, trusted voices to
advocate on behalf of the 2010 Census.
Signed this 17th day of August, in the year 2009.
___(Signed)__________________________________________
Johnny Myrl Lunsford
Chairman of the Person County Board of County Commissioners
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Commissioner Kennington asked who would chair the local committee and be
responsible for getting representatives from the target groups as illustrated in the
presentation. Ms. Murphy confirmed the Planning and Zoning Department would lead
the local committee related to the 2010 Census.
BOARDS AND COMMITTEE APPOINTMENTS:
Clerk to the Board Brenda Reaves presented to the Board the applications
received in response to the current boards and committees vacancies as advertised in The
Courier-Times on July 8, 2009 noting the deadline to submit an application by August 4,
2009. Applications for consideration at this meeting include those received for the
Juvenile Crime Prevention Council. Those committees not receiving any citizen response
will be re-advertised.
- Adult Care Home Community Advisory Committee
1-Year Initial Term; 3-Year Reappointment: 2 positions available
NO APPLICATIONS RECEIVED
- Home Health and Hospice Advisory Committee
3-Year Term: 1 position each representing
• Person Memorial Hospital
• Physician
• Piedmont Community College
NO APPLICATIONS RECEIVED
- Juvenile Crime Prevention Council
2-year term positions available include:
1 designee from the Police Department
1) Kristy W. Melvin
1 designee from Person County Schools
1) Dr. Larry Cartner
1 designee from the District Attorney’s Office
1) Alexandra Yeager
1 designee from the Social Services Department
1) Melanie Hudson Puryear
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to reappoint Kristy W. Melvin, Dr. Larry Cartner, Melanie Hudson
Puryear and appoint Alexandra Yeager to the Juvenile Crime Prevention Council in the
designated representative slots as presented.
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- Nursing Home Advisory Committee
1-Year Initial Term; 3-Year Reappointment; 3 positions available
NO APPLICATIONS RECEIVED
- Person Area Transportation System Board Of Directors
3-Year Term; 3 positions available
NO APPLICATIONS RECEIVED
ROXBORO DEVELOPMENT GROUP:
Commissioner Clayton requested an update on the Roxboro Development Group
from the Chamber of Commerce Executive Director, Marcia O’Neil. Ms. O’Neil stated
at the time the resignation was received from Mr. Joyner, the Roxboro Development
Group proposed and the Roxboro Area Chamber of Commerce approved contracting on a
month-to-month basis effective July 1, 2009, for administrative support services until a
new Director is hired. The Roxboro Development Group is paying the Chamber $2000
of which $1500 goes toward salaries and $500 to operating expenses both of which is less
than the previous Director was receiving. Ms. O’Neil confirmed the fees received are put
into their budget with the duties absorbed by the current Chamber staff. Ms. O’Neil
noted advertisement for the new Director position has run in The Courier Times four
times with at least 9 or more resumes received, further noting a review of resumes will
take place on August 24 by the Roxboro Development Group Executive Committee. Ms.
O’Neil is hopeful by the end of September a new director could be hired. The ad stated
the position is for 20 hours per week with annual salary of approximately $16,000 with
no benefits. Ms. O’Neil confirmed the office is still in place at the small business center,
with the telephone calls forwarded to the Chamber office. Ms. O’Neil mentioned a
number of economic calls inquiring for property or buildings to lease or rent to which she
is making referrals to building owners for space.
REQUEST FROM REPUBLIC SERVICES OF NC FOR CONSIDERATION
TO SET A PUBLIC HEARING DATE/TIME/LOCATION TO UPDATE THE
SOLID WASTE DISPOSAL FRANCHISE ORDINANCE:
County Manager, Heidi York told the Board when the Upper Piedmont
Environmental landfill was originally planned, the footprint of the landfill included
approximately 39 acres commonly called the “Dawes property”. The Dawes property,
however, had unexpired mineral rights on it, so it could not be included as part of
Republic’s initial landfill construction and operating permit, even though the 39-acre
Dawes property is located within the existing footprint of the landfill. When the mineral
rights on the Dawes property expired, the Person County Board of Commissioners
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granted Republic a Special Use Permit that allows Upper Piedmont to add the 39-acre
Dawes property to the operating landfill.
After receiving the Special Use Permit from Person County in February 2000,
Upper Piedmont prepared and submitted to the North Carolina Department of
Environment and Natural Resources (“DENR”) a permit application to add the Dawes
property to the operating landfill. DENR sent Upper Piedmont a letter indicating that the
agency had completed its review of Upper Piedmont’s application but needed an updated
franchise to reflect the Dawes property. In response to DENR’s request, the County
Manager stated that Republic has applied to Person County for an updated franchise to
include the Dawes property and to conform the Republic’s franchise to the current solid
waste disposal franchise statute (N.C.G.S. § 130A-294(b1)(2)). Under North Carolina
law, the Board of Commissioners must hold a public hearing prior to the issuance of an
updated franchise. Ms. York noted State law mandates advertising for such a public
hearing for 30 days also requiring two votes. Ms. York turned over the request to Mr.
Greg Duhon of Upper Piedmont to request the Board’s consideration to schedule a public
hearing date, time and location.
Mr. Duhon stated in 1995 Republic Waste Services of Person County entered into
an agreement for Republic Services to operate the current solid waste landfill. The Board
also approved in 1995 a franchise agreement for a period of 20 years which contained
language for the term of contract for services run from the date the landfill started
operation which was June 30, 1997 which leaves a minor difference of dates in the
franchise ordinance agreement and on the agreement for operation. Mr. Duhon requested
additionally that the franchise ordinance as written be amended to terminate the same
date as the agreement which is June 30, 2017.
Mr. Duhon confirmed the current landfill area is sufficient to carry through the
base line portion of the contract; however, to fulfill a provision in the agreement for an
additional ten years, additional land will need to be permitted. All the land area falls
within the primary portion of the landfill. Mr. Duhon confirmed there are no changes
requested in the agreement, no extension of date of contract or any tonnage changes with
the county retaining all rights for information for host fees as currently defined in the
contract. Mr. Duhon requested the Board to carry forward to setting the public hearing.
Mr. Aycock told the Board the current franchise ordinance does expire August 7,
2015 and the agreement with Republic expires June 30, 2017 and it would clean up the
process to have both the franchise ordinance and agreement for services expire at the
same time. Mr. Aycock confirmed it is not absolutely required to expire at the same time
but will leave a period between August 7, 2015 to June 30, 2017 where there is no
authority to carry out the contract.
Mr. Duhon stated that Republic Waste Services has every intention to fulfilling
the contractual obligations with whichever entity entered into an agreement and after
2017, a year-to-year contract would exist for Person County to use the landfill. Mr.
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Duhon confirmed that the Dawes property is not needed to fulfill the 660 per days
tonnage and that the landfill currently have sufficient space to sustain through June 30,
2017.
Mr. Duhon told the Board the 660 daily tonnage is multiplied by 365 days per
year (366 days on leap year) to equal 240,940 as computed by the Department of
Environment and Natural Resources as a maximum capacity. Mr. Duhon stated Republic
Services would only invest the time and resources at a later date to request additional
daily tonnage would depend upon the pleasure of the Board rather than a desire of
Republic.
Mr. Duhon stated approximately ten commercial landfills are located in NC
including construction & demo landfills, municipal solid waste landfills, land clearing
and debris landfills. By in large, according to Mr. Duhon, the major landfills in the state
that are privately owned are:
• Upper Piedmont Environmental (owns largest area masses, smallest in daily
tonnage in terms of municipal solid waste)
• East Carolina Environmental
• Sampson County
• Foothills Environmental
• Charlotte Motor Speedway
• Uwharrie Environmental
• Anson County
Commissioner Kennington quoted from the Solid Waste Annual Report 2007-
2008, stating Charlotte Motor Speedway landfill is the largest in North Carolina with 1
million tonnage per year, further noting the privately owned landfill take an average of
1000 tons per year.
Commissioner Kennington requested Mr. Duhon to provide the rankings
illustrating the tonnage for the privately owned landfills.
Commissioner Kennington stated Person County is only contributing 12-15% of
the total 240,940 tonnage, which Mr. Duhon noted has 38,000-40,000 tons annually.
Commissioner Kennington asked the County Attorney about the language in the
proposed franchise ordinance stating no other person or entity may operate a municipal
solid waste landfill in Person County during this period. The County Attorney stated the
proposed franchise is intended to comply with current law. The County Attorney also
clarified that 365 is used to compute the annual tonnage as deemed permit language.
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Commissioner Kennington stated Person County has invested approximately
$750,000 in the new Material Recycling Facility and program. In the present contract,
the County received $25,000 specifically for recycling each year, and by reducing Person
County’s waste, this gives Republic tonnage to receive waste from others within the 60-
mile radius Person County. Commissioner Kennington further stated if Republic simply
fulfills the contract, the Board should ask county staff to begin the process as to the
options after 2017, i.e., 1) operate county own landfill, 2) truck solid waste to another
landfill outside of Person County, 3) a new contract with a provider, keeping present
tonnage, 4) new contract with expanded coverage including the City of Roxboro in
landfill discussions.
Commissioner Clayton thanked Commissioner Kennington for the valid points
and requested for options to be presented to the Board.
Commissioner Jeffers confirmed with the County Manager and the County
Attorney that the current motion on the floor is to correct a technical issue and to set a
public hearing date.
An amended motion was made by Commission Jeffers, seconded by
Commissioner Puryear and carried by majority vote 3/2 to amend the Person County
Solid Waste Disposal Franchise Ordinance expiration date from August 7, 2015 to June
30, 2017. Commissioners Jeffers, Puryear and Lunsford voted in support of the amended
motion. Commissioners Kennington and Clayton voted no.
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried by majority vote 3/2 to authorize a public hearing to update the
Solid Waste Disposal Franchise Ordinance at the Board’s regular scheduled meeting on
September 21, 2009 at 9:00 a.m. to be held in the Auditorium of the County Office
Building. Commissioners Jeffers, Puryear and Lunsford voted in support of the motion.
Commissioners Kennington and Clayton voted no.
August 17, 2009
22
The revised Franchise Ordinance Timeline dated August 13, 2009 is incorporated into the
minutes by reference.
Person County / Upper Piedmont Environmental landfill
Franchise Ordinance Amendment (“FOA”)
Task List/Timeline
August 13, 2009
07-28-09
(Tuesday)
Republic submitted its updated franchise ordinance application to the County
08-17-09
(9:00 AM)
(Monday)
BOC regularly scheduled meeting; BOC votes to hold Franchise Ordinance Public
Hearing on 09-21-09
08-17-09
(Monday)
Public Hearing notice to Courier Times for inclusion in 08-19 edition
09-08-09
(7:00 PM)
Tuesday
BOC regularly scheduled meeting
Adopt BOC meeting minutes of 08-17-09
09-09-09
(Wednesday)
Public Hearing notice to Courier Times for inclusion in 09-09 edition
09-21-09
(9:00 AM)
(Monday)
BOC scheduled meeting for FOA public hearing and first vote.
Adopt BOC meeting minutes of 09-08-09
NOTE: THIS MEETING MUST BE RECORDED.
10-5-09
(7:00 PM)
(Monday)
BOC regularly scheduled meeting; second vote on FOA.
Adopt minutes from 09-21-09 BOC meeting
10-19-09
(9:00 AM)
(Monday)
BOC regularly scheduled meeting
Adopt minutes from 10-5-09 BOC meeting
10-20-09
(After minutes
adopted)
Submit amended franchise and compliance letter from County to NCDENR
10-20-09
(After minutes
adopted)
Submit amended Franchise Ordinance letter from RSNC to NCDENR
August 17, 2009
23
The proposed Solid Waste Disposal Franchise Ordinance with amended expiration date is
incorporated into the minutes by reference.
SOLID WASTE DISPOSAL FRANCHISE ORDINANCE
PERSON COUNTY, NORTH CAROLINA
ARTICLE I
SECTION 1.0 – AUTHORITY AND ENACTMENT CLAUSE
Pursuant to the authority conferred by North Carolina General Statute §153A-
136(a)(3), THE BOARD OF COUNTY COMMISSIONERS OF PERSON COUNTY,
NORTH CAROLINA DOES HEREBY ORDAIN AND ENACT INTO LAW THE
FOLLOWING ARTICLES AND SECTIONS:
SECTION 1.1 – PURPOSE
This Ordinance is enacted to promote and protect the health, safety and welfare of
the citizens of Person County. It is the intention of the Board of County Commissioners
that the provisions of this Ordinance will encourage the establishment and continuance of
a secure, safe, and economical system of solid waste disposal in the County that will
comply with state and federal laws regulating such disposal. It is the further intention of
the Board of County Commissioners that this Ordinance has the effect of updating the
Person County solid waste disposal franchise ordinance passed on August 7, 1995 only so
far as it is necessary to comply with statutory changes enacted subsequent to the passage
of the August 7, 1995 ordinance and to authorize an addition within the existing footprint
of the Upper Piedmont Regional Landfill known as the “Dawes tract.” This Ordinance
shall not have the effect of amending, invalidating or repealing any portion of the
agreement entered into by and between Person County and Republic Services of North
Carolina, LLC dba Upper Piedmont Environmental (“Republic”) dated August 7, 1995.
ARTICLE II
SECTION 2.0 – TITLE
This Ordinance shall be known and may be cited as The Person County Solid
Waste Disposal Franchise Ordinance.
August 17, 2009
24
ARTICLE III
SECTION 3.0 – GRANT OF MUNICIPAL SOLID WASTE LANDFILL
FRANCHISE
To enable secure, safe and economical disposal of solid waste in Person County,
Republic is granted an exclusive franchise to operate in Person County a municipal solid
waste landfill as defined in 15A NCAC 13B.1602 (hereinafter referred to as the “Upper
Piedmont Regional Landfill” or the “Landfill”) and an addition within the existing
footprint of the Landfill known as the “Dawes tract” (hereinafter referred to as “the
Addition”) for a period through and including June 30, 2017. No other person or entity
may operate a municipal solid waste landfill in Person County during this period.
SECTION 3.1 – DESCRIPTION OF MUNICIPAL SOLID WASTE LANDFILL
The Landfill consists of 479.69 acres, located in the Tirzah Township approximately 10
miles east-southeast of Roxboro, North Carolina at the intersection of North Carolina
Highway 158 and SR 1724 near the Person County/Granville County line. The legal
description, deed book references and plat book references for the Landfill are provided
on Exhibit A. The existing permitted cells of the Landfill consist of 69.52 acres. The
Addition, consisting of 39.53 acres, is located within the existing footprint of the
Landfill, directly south and adjacent to the existing permitted cells of the Landfill. The
Landfill, the existing permitted cells of the Landfill, and the Addition are depicted on
Exhibit B.
SECTION 3.2 – DESCRIPTION OF FRANCHISE
3.2.1 Population and Geographical Area Served. The geographical area served by the
Landfill is the incorporated and unincorporated areas of any county which is
partly or wholly within sixty (60) miles of the political boundary of Person
County. Counties within this geographical area are the North Carolina counties of
Alamance, Caswell, Chatham, Davidson, Durham, Edgecombe, Forsyth, Franklin,
Granville, Guilford, Halifax, Harnett, Johnston, Lee, Moore, Nash, Northampton,
Orange, Person, Randolph, Rockingham, Stokes, Vance, Wake, Warren, and
Wilson, and the Virginia counties of Patrick, Henry, Halifax, Mecklenburg,
Brunswick, Greensville, Franklin, Bedford, Campbell, Charlotte, Lunenburg,
Amherst, Appomattox, Buckingham, Cumberland, Prince Edward, Nottoway,
Pittsylvania and Dinwiddie. However, it is expressly provided herein that the
Landfill shall not accept waste collected by the Cities of Durham and Raleigh,
North Carolina without the consent of the Board of County Commissioners. The
population to be served shall be all persons and entities within the above
geographical area, including residential, municipal, industrial, institutional and
commercial customers and contractors.
August 17, 2009
25
3.2.2 Volume and Characteristic of Waste Stream. The volume of waste in the Landfill
is approximately 3,913,043 cubic yards. The remaining capacity of the Landfill
under the existing permit is approximately 3,969,616 cubic yards. The Landfill
has an average maximum disposal rate of 660 tons per day, 365 days per year, or
240,900 tons per year. The Landfill accepts municipal solid waste, non-hazardous
commercial, industrial and institutional waste and other non-hazardous special
waste types, but shall not accept highly flammable substances, Hazardous Waste
as said term is defined under Subtitle C of the Resource, Conservation and
Recovery Act, liquid wastes, certain pathological and biological wastes,
explosives, radioactive materials, or any other waste prohibited from disposal in
municipal solid waste landfills by applicable environmental law or prohibited by
any of the terms and conditions of any permits, licenses or approvals obtained
with respect to Upper Piedmont Environmental’s operation of the Landfill.
3.2.3 Life Expectancy. The Landfill and Addition is expected to have a useful life of
forty (40) years.
3.2.4 Consistency with Solid Waste Management Plan. To ensure that the operation of
the Landfill is consistent with Person County’s solid waste management plan
required under N.C.G.S. § 130A-309.09A, Upper Piedmont Environmental
accepts municipal solid waste at the Landfill pursuant to this franchise and by
agreement with the County. Further, Upper Piedmont Environmental assists
Person County in attaining its waste reduction, reuse and recycling goals by
operating scrap tire, white goods, used motor oil, and lead-acid battery collection
sites at the Landfill.
3.2.5 Government Oversight and Regulation of Fees. Person County oversees and
regulates solid waste disposal fees (both residential and commercial) by way of
agreement with Upper Piedmont Environmental, Inc.’s successor entity, Republic.
All such tipping fees are a flat, per ton rate subject to an annual consumer price
index adjustment. This franchise shall not by its terms impair the authority of the
County to regulate fees as authorized by law. This Ordinance does not, in itself,
regulate solid waste disposal fees.
3.2.6 Facility Plan. The facility site plan for the Landfill (including the Addition) is
attached to this Ordinance as Exhibit C and meets all requirements of N.C.G.S. §
130A-294(b1)(2)(f). Included within the attached facility site plan are drawings
depicting the following: (1) dimensions and the vertical contours of the landfill
units in the Landfill; (2) dimensions and the vertical contours of the landfill units
in the Addition; and (3) dimensions and vertical contours of the filled areas of the
Landfill.
August 17, 2009
26
ARTICLE IV
SECTION 4.0 – EFFECTIVE DATE
This Ordinance shall become effective on ____________, 2009.
Johnny Myrl Lunsford, Chairman
Person County Board of Commissioners
Brenda B. Reaves
Clerk to the Board
August 17, 2009
27
RESOLUTION OF SUPPORT TO EXPAND BROADBAND ACCESS IN
PERSON COUNTY:
Commissioner Puryear presented the American Recovery and Reinvestment Act
of 2009 Resolution of Support to Expand Broadband Access in Person County for
adoption noting the High Speed Committee met and unanimously approved
recommendations brought to the Board of County Commissioners. The
recommendations included Person County supporting Randy King of Electronics
Solutions in his grant application request. Should the grant application be awarded, one-
half of the population of Person County would be served, economic development would
be enhanced noting the lack of broadband being a huge detriment to businesses located in
Person County, more people would be encouraged to locate in Person County, emergency
and other public services would be improved, quality of life would be improved, along
with education, especially for students doing research for school projects. The High
Speed Internet Committee strongly recommended that the County agree to match funds
of approximately $200,000 to further the project and to increase the likelihood of the
grant approval being a small investment in the county’s infrastructure that would generate
over 3 million of federal monies. Commissioner Puryear noted at this stage, Person
County is just agreeing that the project should be funded but not committed to the funds.
A financial partnership would significantly increase the points the grant request would
receive. The High Speed Committee also recommended a letter of cooperation be written
stressing the County and Electronic Solutions have a good working relationship and the
County support the grant applications by Electronic Solutions. Commissioner Puryear
stated the County Manager had already presented the letter of support to Mr. King.
Commissioner Puryear requested the Board to adopt the Resolution of Support to Expand
Broadband Access in Person County and Mr. King’s grant to submit to state and federal
elected officials for support.
Commissioner Puryear reiterated there was no Board action for commitment of
any matching funds. The High Speed Internet Committee plans to work with the Person
County IT Director to review projects that Person County could possibly sponsor which
would be presented to the Board for approval.
Commissioner Kennington advocated to support local businesses and mentioned
the Ordinance regulating cell towers concerning fees for each tower possibly be
considered an in-kind contribution.
A motion was made by Commissioner Puryear, seconded by Chairman Lunsford,
and carried to adopt the American Recovery and Reinvestment Act of 2009 Resolution
of Support to Expand Broadband Access in Person County.
August 17, 2009
28
August 17, 2009
29
BUDGET AMENDMENT:
Finance Director, Amy Wehrenberg presented and explained the following
Budget Amendment.
Upon a motion by Commissioner Jeffers , and a second by Commissioner Clayton
and majority vote, the Board of Commissioners of Person County does hereby amend
the Budget of the General Fund(s) on this, the 17th day of August 2009, as follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES Person Industries & MRF Fund 20,000
REVENUES Person Industries & MRF Fund
Intergovernmental Revenues 20,000
Appropriate: N.C. Dept. of Environment and Natural Resources Grant awarded to
Person County for the purchase of an electric forklift to load and unload recyclables.
This grant requires up to a $4,000 match which will be spent on other various equipment
Needed at the Recycling Center ($20,000).
August 17, 2009
30
RECOGNITION OF THE FINANCE OFFICE FOR CERTIFICATE OF
ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING:
County Manager, Heidi York requested Board recognition of the Person County
Finance Office. The Government Finance Officers Association of the United States and
Canada awarded a Certificate of Achievement for Excellence in Financial Reporting to
Person County for its Comprehensive Annual Financial Report (CAFR) for the fiscal year
ended June 30, 2008. The Certificate of Achievement is the highest form of recognition
in the area of governmental accounting and financial reporting, and its attainment
represents a significant accomplishment by a government and its management
The County Manager stated an Award of Financial Reporting Achievement has
been awarded to Amy Wehrenberg, Finance Director and Johnny M. Lunsford, Chairman
of the Board of Commissioners, both designated by the government as primarily
responsible for preparing the award-winning CAFR.
The CAFR has been judged by an impartial panel to meet the high standards of
the program including demonstrating a constructive “spirit of full disclosure” to clearly
communicate its financial story and motivate potential users and user groups to read the
CAFR. This is the 21st consecutive year that Person County has achieved this prestigious
award.
The County Manager recognized the Finance Office staff: Amy Wehrenberg,
Finance Director, Beth Farabaugh, Assistant Finance Director, Debbie Whitfield,
Accounting Supervisor, Consuela Williams, Accounts Payable and Karen Whitfield,
Payroll Clerk.
Ms. Wehrenberg stated this award was a team effort encompassing effort and
dedication from the staff of the Finance Office. Ms. Wehrenberg thanked her staff for
their support during her first year as Finance Director.
Chairman Lunsford and the Board commended the Finance Director and staff.
CHAIRMAN’S REPORT:
Commissioner Lunsford stated he had been interviewed by Time Magazine noting
the County Manager and other leaders and citizens of the County had been interviewed as
well.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
August 17, 2009
31
COMMISSIONER REPORT/COMMENTS:
Commissioner Kennington’s comments included:
• congratulating Person County Schools of Distinction awarded to Bethel Hill,
Roxboro Community School and Helena Elementary as well as noting 28 new
teachers had been hired, 11 teachers and 3 teacher assistants re-hired as well as
maintaining class sizes at or below comparable levels of the last school year.
• reminding the public of the fireworks fundraising campaign goal deadline
approaching.
• congratulating the Parachute company with hopeful good news forthcoming.
• Noting the hopeful turnaround in the economy based on the information in the
Inspections Report.
• welcoming Dr. Walter Bartlett as he begins his position as Piedmont Community
College President and as a Person County resident.
Commissioner Puryear had no report.
Commissioner Jeffers reminded the County Manager that recycle bins should be
placed in the County parks for recycling.
Commissioner Clayton stated he had attended an environmental committee
meeting.
CLOSED SESSION:
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers and carried to have a five minute recess after which the Board would go into
closed session at 11:25 a.m. per General Statute 143-318.11(a)(6) for the purpose of the
discussing personnel and contract issues.
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers and carried to return to open session at 11:55 a.m.
August 17, 2009
32
RECESS:
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to recess the meeting at 11:55 a.m. until August 24, 2009 at 9:00
a.m.
_____________________________ ______________________________
Brenda B. Reaves Johnny Myrl Lunsford
Clerk to the Board Chairman