Agenda Packet November 19 2018PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
November 19, 2018
9:00am
(Meeting to be held in the County Office Building Auditorium)
CALL TO ORDER………………………………………………. Chairman Kendrick
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION OF LOCAL GOVERNMENT DAY ….. Welcome & Introductions
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
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ITEM #1
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.Approval of Minutes of October 22, 2018,
B.Budget Amendment #10,
C.Resolution Designation of Applicant’s Agent to file applications for federal
and/or state disaster assistance,
D.Person County Airport Renewal of Safety/Maintenance Agreement and
Resolution of Sponsor for 100% state funding,
E.Capital Project Budget Ordinance relating to Person County’s Community
Development Block Grant for the Polywood Building Reuse Project
F.Transitioning Person County’s Domain from .net to .gov, and
G.Tax Adjustments for November 2018
a.Tax Releases
b.NC Vehicle Tax System pending refunds
NEW BUSINESS:
ITEM #2
Foundation Forward, Inc. Presentation ………………………. Commissioner Jeffers
ITEM #3
Resolution requesting Maintenance Abandonment of a
Portion of Secondary Road 1370 Glennie Irvine Road ………………….. Lori Oakley
ITEM #4
Consideration of Approval of Late Exemption Applications ………….. Russell Jones
ITEM #5
Land Acquisition for Stormwater Regulation Compliance ……………… Heidi York
ITEM #6
Appointment to Environmental Issues Advisory Committee ……….. Brenda Reaves
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
RECESS until 1:00pm for a joint session meeting with the Board of Education
1:00pm
(Meeting to be held in the County Office Building Auditorium)
Joint Session Meeting with the Board of Education. The purpose of the meeting is to
hear from the Person County Schools’ Long Range Facility Needs Assessment 2018
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 22, 2018
MEMBERS PRESENT OTHERS PRESENT
Tracey L. Kendrick Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, October 22, 2018 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Kendrick called the meeting to order. Vice Chairman Powell offered an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Kendrick presented an item for a budget adjustment related to the School
Resource Officer positions at Person County School and Roxboro Community School to
be added to the agenda.
A motion was made by Commissioner Jeffers and carried 5-0 to add an item to
the agenda for a budget adjustment related to the School Resource Officer positions at
Person County School and Roxboro Community School and to approve the agenda as
adjusted.
Chairman Kendrick recognized the County Attorney, Ron Aycock prior to the
scheduled public hearings. Mr. Aycock stated the Board had many Special Use Permit
requests before them and he wanted to brief the group on the rules related to legal process
involving special use permits. He said special use permits were quasi-judicial actions
whereby the Board acts more like a judicial body than a legislative body. Mr. Aycock
noted most of the Board’s actions were related to the role of making rules legislatively
however this process was judicial involving special rules whereby the Board acts as a
judge, having an open-mind on each issue, listening to the testimony and making decisions
based on what was presented at this meeting not what you have heard elsewhere. Mr.
Aycock said the parties for a special use permit might speak to offer an opinion. The state
bar regulating attorneys has ruled that to advocate for a position, it must be done so by an
attorney, therefore, a lay person may not advocate or oppose on behalf the special use
applicant. If there is interest, parties may provide testimony and issue an opinion. Expert
witnesses, like in court, may provide an expert opinion. In the case of a special use permit,
expert witnesses would include an engineer, a landscape architect, and an architect but not
a lay person who does not have special expertise.
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Commissioner Clayton stated he had signed up to speak on one of the special use
permit requests but he withdrew his name noting he was not biased one way or the other
and would include his comments during the public hearing as a commissioner.
PUBLIC HEARING:
SUP-04-18 SPECIAL USE PERMIT REQUEST BY JOEL ROSE FOR AN
AUTOMOTIVE REPAIR ADDITION ON 2.8 ACRES LOCATED AT 31
DAIRYLAND RD (TAX MAP & PARCEL A28-121 & A28-146) IN THE RC
(RURAL CONSERVATION) ZONING DISTRICT:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for a Special Use Permit Request by Joel Rose for an automotive
repair addition on 2.8 acres located at 31 Dairyland Rd (Tax Map & Parcel A28-121 &
A28-146) in the RC (Rural Conservation) Zoning District.
The public hearing set to hear a Special Use Permit Request by Joel Rose for an
automotive repair addition on 2.8 acres located at 31 Dairyland Rd (Tax Map & Parcel
A28-121 & A28-146) in the RC (Rural Conservation) Zoning District 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 Kendrick
administered the Oath of Sworn Testimony to the following individuals who would offer
testimony during the public hearing: Lori Oakley, Caroline Darnell, Joel Rose, Donnie
Phillips and Darcy Wudel.
Planning Director, Lori Oakley introduced Planner, Caroline Darnell and said Ms.
Darnell would be presenting the Special Use Permit Request by Joel Rose for an
automotive repair addition on 2.8 acres located at 31 Dairyland Rd (Tax Map & Parcel
A28-121 & A28-146) in the RC (Rural Conservation) Zoning District.
Ms. Darnell shared the following presentation and stated all zoning ordinances and
state statutes have been met for this public hearing.
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Speaking in favor of the Special Use Permit Request by Joel Rose for an automotive
repair addition on 2.8 acres located at 31 Dairyland Rd (Tax Map & Parcel A28-121 &
A28-146) in the RC (Rural Conservation) Zoning District were the following:
Mr. Joel Rose of 890 Blalock Dairy Road, Roxboro stated he was available for any
questions by the Board. There were no questions by the Board for Mr. Rose.
Mr. Donnie Phillips of 335 Blalock Dairy Road, Roxboro, said he lived at 821
Blalock Dairy Road for 30-years that was located about 50 yards across from Rose
Automotive. Mr. Phillips said Mr. Rose runs a great business without environmental
problems; he does not leave oil sitting around and he uses oil to heat his shop and he
recycles anti-freeze. Mr. Phillips said Rose Automotive is a great asset to the community
and stated his support for Mr. Rose to gain the permit to add-on and keep his business
going.
Mr. Darcy Wudel of 929 Blalock Dairy Road, Roxboro stated he lives closer to
Rose Automotive than the previous speaker and found the application completely
unobjectionable; there is never any noise nor anything to bother him, and he does business
with Joel who is a model good citizen.
There were no individuals appearing before the Board to speak in opposition to
Special Use Permit Request by Joel Rose for an automotive repair addition on 2.8 acres
located at 31 Dairyland Rd (Tax Map & Parcel A28-121 & A28-146) in the RC (Rural
Conservation) Zoning District.
A motion was made by Commissioner Jeffers and carried 5-0 to close the public
hearing for a Special Use Permit Request by Joel Rose for an automotive repair addition
on 2.8 acres located at 31 Dairyland Rd (Tax Map & Parcel A28-121 & A28-146) in the
RC (Rural Conservation) Zoning District.
CONSIDERATION TO GRANT OR DENY REQUEST BY JOEL ROSE FOR A
SPECIAL USE PERMIT FOR AN AUTOMOTIVE REPAIR ADDITION ON 2.8
ACRES LOCATED AT 31 DAIRYLAND RD:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Special Use Permit request by Joel Rose for an automotive repair addition on 2.8 acres
located at 31 Dairyland Rd (Tax Map & Parcel A28-121 & A28-146) in the RC (Rural
Conservation) Zoning District with the following conditions noting the request was in
keeping with the Person County Comprehensive Plan:
■ The applicant is to obtain all permits necessary from the GIS, Environmental
Health/Public Works, Planning and Zoning Department, and Building Inspections
Department.
■ The applicant must combine the two parcels to comply with the Person County
Planning Ordinance.
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PUBLIC HEARING:
SUP-01-18: SPECIAL USE PERMIT REQUEST BY UPPER PIEDMONT
RENEWABLES, LLC (REPUBLIC SERVICES OF NC, LLC, AS OWNER OF THE
PROPERTY) FOR A RENEWABLE NATURAL GAS FACILITY ON 132 ACRES
LOCATED ON HWY. 158 (TAX MAP AND PARCEL A97-18) IN THE RC (RURAL
CONSERVATION) ZONING DISTRICT:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for a Special Use Permit Request by Upper Piedmont
Renewables, LLC (Republic Services of NC, LLC, as owner of the property) for a
renewable natural gas facility on 132 acres located on Hwy. 158 (Tax Map and Parcel A97-
18) in the RC (Rural Conservation) Zoning District.
The public hearing set to hear a Special Use Permit Request by Upper Piedmont
Renewables, LLC (Republic Services of NC, LLC, as owner of the property) for a
renewable natural gas facility on 132 acres located on Hwy. 158 (Tax Map and Parcel A97-
18) in the RC (Rural Conservation) Zoning District 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 Kendrick administered the Oath of
Sworn Testimony to the following individuals who would offer testimony during the public
hearing: Lori Oakley and Caroline Darnell.
Planning Director, Lori Oakley shared the following presentation and stated all
zoning ordinances and state statutes have been met for this public hearing.
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The applicant, Upper Piedmont Renewables, LLC is requesting to convert the
existing landfill gas that is produced onsite to renewable natural gas. Currently, the subject
property contains a portion of borrow pit #1 of the Upper Piedmont Environmental Landfill
and is wooded around the perimeter of the site.
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To the West – Undeveloped land that is part of the Upper Piedmont Environmental Landfill and
woodlands zoned RC (Rural Conservation). To the North – Remainder of the Upper Piedmont
Environmental Landfill and a single-family dwelling zoned RC (Rural Conservation). To the East
– Woodlands zoned RC (Rural Conservation). To the South – Woodlands and a storage building
zoned RC (Rural Conservation).
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Ms. Oakley stated the applicant, Upper Piedmont Renewables, LLC, is leasing
approximately 3.5 acres out of 132 acres for the proposed use. The property currently
contains a dense 300’ wide vegetative buffer around the perimeter of the site. Those buffers
will remain except for a small 20’ wide utility encroachment that will be needed to transport
the natural gas off-site. The site will have a 20’ wide gravel access road to it along with
four parking spaces. The following slides depict the 3.5 acre leased area and the four
parking spaces. The proposed use includes a 7,000 square foot building, outdoor
equipment yards to the north and south, an electrical substation yard and a 10,000 square
foot area for PSNC equipment. A four-inch PSNC pipeline will carry the gas off site. An
8’ tall chain link fence will surround the 3.5 acre leased area. The existing landfill site is
currently being served by a well and septic tank. The proposed addition will also be served
by a well and septic system; they have already been in contact with the Environmental
Health Department. The site will meet the regulations for the Tar Pamlico watershed in
which it is located.
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There were no individuals appearing before the Board to speak in favor of or in
opposition to the Special Use Permit Request by Upper Piedmont Renewables, LLC
(Republic Services of NC, LLC, as owner of the property) for a renewable natural gas
facility on 132 acres located on Hwy. 158 (Tax Map and Parcel A97-18) in the RC (Rural
Conservation) Zoning District.
A motion was made by Vice Chairman Powell and carried 5-0 to close the public
hearing for a Special Use Permit Request by Upper Piedmont Renewables, LLC (Republic
Services of NC, LLC, as owner of the property) for a renewable natural gas facility on 132
acres located on Hwy. 158 (Tax Map and Parcel A97-18) in the RC (Rural Conservation)
Zoning District.
CONSIDERATION TO GRANT OR DENY REQUEST BY UPPER PIEDMONT
RENEWABLES, LLC (REPUBLIC SERVICES OF NC, LLC, AS OWNER OF THE
PROPERTY) FOR A SPECIAL USE PERMIT FOR A RENEWABLE NATURAL
GAS FACILITY, ON 132 ACRES LOCATED ON HWY. 158:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Special Use Permit by Upper Piedmont Renewables, LLC (Republic Services of NC, LLC,
as owner of the property) for a renewable natural gas facility on 132 acres located on Hwy.
158 (Tax Map and Parcel A97-18) in the RC (Rural Conservation) Zoning District with the
following conditions noting the request was in keeping with the Person County
Comprehensive Plan:
■ The applicant is to obtain all permits necessary from the Person County Planning
and Zoning Department, Building Inspections Department, Environmental Health
Department and obtain any permits required from the State of North Carolina.
Commissioner Clayton said the state of NC passed a law that takes Person County
out of the landfill deal. He said the county had an opportunity to partner with Granville
County but when the legislature passed the bill that took the county out of it. He added he
has opposed the landfill all the way down the line however, he stated support to capture
the methane gas and re-use it if possible and not to burn in the atmosphere.
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PUBLIC HEARING:
SUP-03-18: SPECIAL USE PERMIT REQUEST BY MIKE BIENIEK, ON
BEHALF OF NEIL HUMPHRIES, FOR A CELLULAR TOWER ON 127.8 ACRES
LOCATED OFF ALLENSVILLE RD (TAX MAP & PARCEL 86-1) IN THE R
(RESIDENTIAL) ZONING DISTRICT:
A motion was made by Commissioner Jeffers and carried 5-0 to open the duly
advertised public hearing for a Special Use Permit Request by Mike Bieniek, on behalf of
Neil Humphries, for a cellular tower on 127.8 acres located off Allensville Rd (Tax Map
& Parcel 86-1) in the R (Residential) Zoning District.
The public hearing set to hear a Special Use Permit Request by Mike Bieniek, on
behalf of Neil Humphries, for a cellular tower on 127.8 acres located off Allensville Rd
(Tax Map & Parcel 86-1) in the R (Residential) Zoning District 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 Kendrick administered the
Oath of Sworn Testimony to the following individuals who would offer testimony during
the public hearing: Lori Oakley, Caroline Darnell, Mike Bieniek and Nick Tosco.
Planning Director, Lori Oakley introduced Planner, Caroline Darnell and said Ms.
Darnell would be presenting the Special Use Permit Request by Mike Bieniek, on behalf
of Neil Humphries, for a cellular tower on 127.8 acres located off Allensville Rd (Tax Map
& Parcel 86-1) in the R (Residential) Zoning District.
Ms. Darnell shared the following presentation and stated all zoning ordinances and
state statutes have been met for this public hearing.
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Chairman Kendrick asked if the County had, in the past, determined the engineering
of the cell towers were designed to fall basically down rather than out and have a limited
fall zone to which Ms. Darnell said the fall zone was set to one-half the distance of the
tower and if anything other than that would require a certified engineer letter.
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Assistant County Manager, Sybil Tate said engineering could be even less than that.
Chairman Kendrick said he couldn’t remember the specifics of the fall zone.
Speaking in favor of the Special Use Permit Request by Mike Bieniek, on behalf of
Neil Humphries, for a cellular tower on 127.8 acres located off Allensville Rd (Tax Map
& Parcel 86-1) in the R (Residential) Zoning District was the following:
Mr. Mike Bieniek of 10700 W. Higgins, Suite 240. Rosemont, IL, and the applicant
on behalf of Neil Humphries. Mr. Bieniek said he was with a company called LCC
Telecom Services representing Tillman Infrastructure. As stated by staff, Mr. Bieniek
proposed to erect a 310’ guide-wire tower to be located on this property along with a 100’
x 100’ leased compound that would include the equipment for the carrier to be located on
this tower. Basically as seen on the site plan, the location is at the south portion of Mr.
Humphries’ property and was proposing an access easement off of Allensville Road that
would access the tower that is a 20 ft. wide access easement that would include the power
and teleco to go up to the tower. Mr. Bieniek said it would also include a 12 ft. gravel
access road. He added that basically they are proposing to erect a tower that is close to
another existing tower; all codes are met for the County Ordinance in regard to placement
of towers and a permitted use based on the special use permit meeting all criteria for a
proposed tower at this location. Mr. Bieniek stated he was available to answer any
questions and requested to rebut any comments that are going to be made by American
Tower, speaking in opposition, to which the Board agreed. There were no questions by the
Board at this time.
Speaking in opposition to Special Use Permit Request by Mike Bieniek, on behalf
of Neil Humphries, for a cellular tower on 127.8 acres located off Allensville Rd (Tax Map
& Parcel 86-1) in the R (Residential) Zoning District was the following:
Mr. Nick Tosco of 301 S. College Street, Charlotte, NC, and an attorney with
Poyner Spruill LLP and a member of the Mecklenburg Bar. Mr. Tosco stated he was
appearing before the Board on behalf of American Tower Corporation. With him, also
present in the audience were American Tower Corporation representatives, the Vice
President of State and Local Affairs, Liz Hill, as well as the Sales and Account Manager
for NC and SC, Mark Landers. Mr. Tosco said that American Tower Corporation does
own and operate a wireless telecommunication tower, as the Board heard, and related
facilities that are located on the facilities that immediately abuts or adjoins the property in
question. He added that American Tower Corporation is leasing that space from the
property owner, Mr. Stone. Mr. Tosco stated the American Tower Corporation was built
in 1998 specifically for AT&T and it is located just 633 ft. away from the proposed cell
tower was to be built. Mr. Tosco requested the Board to deny the special use permit
because the applicant has failed to meet their burden under NC law for a showing by a
competence of substantial evidence that the standards in the County Ordinance have been
met. Mr. Tosco presented the Board with a folder of information. Mr. Tosco said the folder
included a memorandum regarding failure to meet burden of showing entitlement for a
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Special Use Permit and reminded the Board as Mr. Aycock presented to the Board, there
is a requirement for any applicant for a special use permit to show by competent material
or substantial evidence for each of the County’s standards in the special use permit section
of the Ordinance. Mr. Tosco opined that the Board did not hear that but instead heard
vague comments about how this meets the standards or the code by the applicant. Mr.
Tosco urged the Board to deny the special use permit because there are still, in his opinion,
a lot of questions or concerns that remain unanswered and unresolved. First, most
importantly, Mr. Tosco asked why was the tower being built; he said there were two cell
towers located within close proximity to the proposed tower. Mr. Tosco said there was a
U.S. Cellular tower that is located just west/southwest of the proposed site and there is the
American Tower Corporation tower located to the south. Mr. Tosco provided some
background, the tower that currently exists for American Tower is housing AT&T
currently; they are a tenant of the American Tower Corporation’s tower that was built
specifically for them in 1998. Also in the folder of information were coverage maps: the
first coverage map is from AT&T and the second coverage map is from American Tower
Corporation’s own engineers which show complete coverage noting it was more than
adequate, it’s comprehensive. Mr. Tosco said there was absolutely zero need for this tower.
Additional information included in the folder was a structural evaluation that is signed and
sealed by American Tower Corporation’s engineer which shows that this tower is
structurally sound and able to handle all to all of AT&T’s capacity needs so there is no
argument to be made that this tower that AT&T is currently on cannot handle the load or
that there would be capacity issues; that just does not exists. Mr. Tosco stated that
approving this type of use, a special use, is not a good land use decision for this community.
Mr. Tosco said the County’s Ordinance does not have any removal language in it so he
pointed out that if this tower is approved and constructed there is no going back. He added
that if the Board decides this is not good for the community or AT&T decides not to move
their facilities over to a new tower, then the tower is going to be there and there’s nothing
the attorney can do to remove it from the site. Another question or concern raised by Mr.
Tosco related to the County Ordinance standard for substantial injury to property value to
abutting or adjoining property noting the applicant has failed to provide any competent
material or substantial evidence to show this standard of the ordinance has been met. In
fact, Mr. Tosco argued that there is going to be substantial injury of value to adjoining or
abutting property. Specifically, as mentioned, American Tower Corporation has a lease
hold interest in the abutting property and that would be substantial injury because a major
wireless carrier tenant, AT&T would terminate their lease with American Tower and move
their equipment to the new tower, just feet away which would be a devaluation of property
interest that American Tower holds in the abutting or adjoining property. Mr. Tosco said
he knows that this will happen as it has happened all over the country, including in North
Carolina. Mr. Tosco noted that included in the folder were photographs where the same
applicant, Tillman Infrastructure, will do this all across the country; they come in and build
unnecessary and useless towers just for a business leverage decision to try to get AT&T or
somebody to jump ship. Mr. Tosco opined that it was unnecessary and a bad decision and
it is happening in Lenoir County as shown on one of the exhibits with two towers being
built right next to each other because of a business dispute. Mr. Tosco said the third
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question/concern was whether or not this is a good thing for the community and the
abutting property where they sit. He said the applicant is required to prove that this third
cell tower would be in harmony with the area and would conform to the County’s
Comprehensive Plan. Mr. Tosco contended that it was not in harmony or in conformance
with the Comprehensive Plan to add a third tower just hundreds of feet away from two
existing towers. Mr. Tosco said this was a residential community and it has two special
use towers already that have been around since the 1990s and adding a third tower would
be inharmonious. If this special use permit is granted, Mr. Tosco said this would open the
flood gates for redundant and unnecessary cell towers being constructed every time that a
business operation wants to create some leverage. Additionally, the standard in the County
Ordinance provides that it has to be in conformance with the Comprehensive Plan which
shows this area as residential to which he said it does not meet the goals and objectives of
Appendix O that was put up on the screen earlier related to economic growth and
investment because there is not evidence that this cell tower will create any real new jobs
or significantly add to the tax base. Mr. Tosco stated that both the U.S. Cellular tower and
the American Tower Corporation tower were constructed prior to the County’s
Comprehensive Plan being adopted in 2001 and since then, the Comprehensive Plan has
viewed this area to be used as something not for a cell tower. For all these reasons, Mr.
Tosco respectfully requested the Board to deny the special use permit. For the record, Mr.
Tosco submitted an Affidavit of Elizabeth Hill, who was present in the audience, in the
case any members of the Board need to hear from her. Mr. Tosco said the sworn affidavit
provides evidence of American Tower Corporation’s property interest in the abutting or
adjoining property. Mr. Tosco stated his availability to answer any questions.
Commissioner Jeffers asked Mr. Tosco what was the height of the American Tower
Corporation tower to which he replied 280’ and was corrected by Ms. Hill to say it was
300’. Commissioner Jeffers asked Mr. Tosco if his argument was that it did not meet
Section 74.1 of the County Ordinance as far as the value of the adjoining property based
on their leased property to which Mr. Tosco stated that was correct, and in addition, the
lack of conformance of the Comprehensive Plan, and the lack of harmony with the area
because the American Tower Corporation tower was there prior to the Comprehensive Plan
was adopted and before the area changed. Commissioner Jeffers asked Mr. Tosco about
the photographs of the towers in Texas and their location close to each other to which Mr.
Tosco said they were all located within a mile or so of each other. Commissioner Jeffers
asked if it was allowed or if someone argued, and were removed referencing case law of
the City of Asheville to which Mr. Tosco said his understanding was that they were not
removed noting this is something that has started to pick up recently and American Tower
Corporation has decided they wanted to contest on the front end rather than contesting on
the back end in litigation. Commissioner Jeffers asked Mr. Tosco if AT&T the only
provider that is located on the American Tower Corporation’s tower to which he responded
no; he said they have Verizon and Sprint.
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Commissioner Clayton asked Mr. Tosco if it was a competition between the tower
companies or a competition between the locators on the towers noting he thought he
understood that it is the tower companies; the tower they are going to build and equipment
transferred over there with a deal worked out with Verizon, Sprint, U.S. Cellular to move
off the American Tower to the new tower. Mr. Tosco said he was not presenting any
evidence about the business dispute that may or may not be going on between the parties.
Mr. Tosco stated it was the case, which he believed it was not a good business or land use
decision for the community or for the Board to be getting in between business of two
carriers. Commissioner Clayton stated he has been on the Board for a long time as he saw
towers when people were scared to death; he said he didn’t get the light pole deal when
people didn’t want a light pole in the yard because it didn’t look good so they didn’t get
electricity however he did get the tower deal where they didn’t like the towers but now
everybody has a cell phone, and other things, and to get the best service, most of the time
you will get public support for it. Commissioner Clayton said he wish there was tower
being located in an area toward the landfill; they would love it. Commissioner Clayton
said he was a proponent of allowing as much access to cellular service or tower service as
can get in this county. He said the attorney could give a legal opinion, but if they meet the
ordinance to locate this tower here, just because one happens to be close to the other one
is not an issue for the Board to handle. Commissioner Clayton said American Tower
Corporation may have a bigger issue there that is past the Board but if they meet the
county’s ordinance.
Commissioner Jeffers asked Mr. Tosco why would the new tower have an impact
on property value and the American Tower Corporation tower did not. Mr. Tosco said they
were arguing that it has an impact against their leased property holdings; they were not
standing before the Board saying that all cell towers would injure property values
regardless of where they are located. He said this was about a devaluation because at some
point, where does it stop, are four or five towers in harmony, is it going to injury adjoining
property values if there was a continuation of these cell towers that are unnecessary to be
built. Mr. Tosco went back to Commissioner Clayton’s point to address that Mr. Aycock
would tell the Board the same thing, there’s two things here, there’s meeting the conditions
and the technical requirements of the code to which they do not contest which may or may
not exist and may meet the specific technical requirements of the code, but then there is
the special use standards, the four standards, and he believed those are very much not met
in this situation. Mr. Tosco said they are not saying they meet all the standards of the
ordinance and so therefore, this is just a policy decision. Mr. Tosco said they have not
presented any evidence as required to do in NC law to show those four standards have been
met, and he thinks that two of them are definitely not met.
Chairman Kendrick asked Ms. Oakley about Mr. Tosco making a direct rebuttal to
Section 74-1, at least two of those findings of fact, and if they have findings of fact
associated with #3 and #4. Ms. Oakley stated yes, he was talking about #3 and #4 noting
the applicant, as part of their application had to answer how they met those four findings
so she referred the Board back to their application where they have addressed those four
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findings. Chairman Kendrick asked if the Planning Board had agreed with those findings
to which Ms. Oakley replied affirmatively. Mr. Tosco asked the Chairman to look at the
application as they simply said they met the standard; there was zero evidence in any of
those application submittals.
Chairman Kendrick asked if there were any further questions; hearing none he
asked for a motion to close the public hearing to which Vice Chairman Powell made the
motion, however prior to the vote, Commissioner Clayton reminded that the Board agreed
to allow the applicant to rebut. Chairman Kendrick asked Mr. Bieniek if he would like to
provide further facts in rebuttal to which he replied affirmatively.
Mr. Bieniek stated that going through the list, it says the tower was built in 1998
for AT&T; he did not know that was fact but the fact of the matter was that AT&T is on
that tower and AT&T is proposing to go to the Tillman Tower as a result of the tower being
built. It was stated that Tillman is building a tower to randomly poach carriers off the other
tower to which Mr. Bieniek said that is incorrect. Mr. Bieniek said that Tillman was hired
by AT&T to build a tower in this area and the reason for it is the lease rate that ATC is
charging throughout the country is higher than Tillman would charge the carrier. As such,
competition is a good thing; he said McDonalds builds near Burger King, Wendy’s, etc.;
they are all building close to one another to compete with one another. Mr. Bieniek said
that Tillman has the right to compete with American Tower. Mr. Bieniek noted as he
stated, the tower is not coming down, there are other carriers on that tower so there’s no
real devaluation other than the fact they are losing one carrier. Chairman Kendrick warned
Mr. Bienick as he was getting close to an opinion as it could be a devaluation. Mr. Bieniek
said his point was that they are losing one carrier but will have other carriers staying on
there. Mr. Bieniek said the tower was being built for AT&T. Mr. Bieniek said it was also
stated that the change in propagation as well as the structural analysis are both true
statements on their part; the tower is not being built because of the structural integrity of
the tower or different coverage, but as mentioned, they are building because there would
be a significantly lower lease rate. Mr. Bieniek said a lower lease rate for one tower, but
factoring in all the towers throughout the country where they are doing this, it is a very
significant difference. Mr. Bieniek said if you take for example, they are saving $500 per
month, that $500 a month, $6,000 a year over a 30-year life-span, that is very significant
for one tower and if you multiply that by 1000’s of towers throughout the country, very,
very significant amounts of money. Mr. Bieniek said in order for the carriers to be
competitive and lower contracts for our phones, they have to be competitive. As far as the
findings of fact, Mr. Bieniek stated he provided answers to those, and if the Board would
like more specifics to those, he could provide such. Chairman Kendrick asked the Board
if anyone wanted more specifics to which no one said they did. Chairman Kendrick asked
if there were any questions on the rebuttal to which there were none.
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A motion was made by Commissioner Jeffers and carried 5-0 to close the public
hearing for a Special Use Permit Request by Mike Bieniek, on behalf of Neil Humphries,
for a cellular tower on 127.8 acres located off Allensville Rd (Tax Map & Parcel 86-1) in
the R (Residential) Zoning District.
CONSIDERATION TO GRANT OR DENY REQUEST BY MIKE BIENIEK, ON
BEHALF OF NEIL HUMPHRIES, FOR A SPECIAL USE PERMIT FOR A
CELLULAR TOWER ON 127.8 ACRES LOCATED OFF ALLENSVILLE RD:
A motion was made by Vice Chairman Powell and carried 5-0 to approve a Special
Use Permit Request by Mike Bieniek, on behalf of Neil Humphries, for a cellular tower on
127.8 acres located off Allensville Rd (Tax Map & Parcel 86-1) in the R (Residential)
Zoning District with the following conditions noting the request was in keeping with the
Person County Comprehensive Plan:
■ The applicant is to obtain all permits necessary from the GIS, Environmental
Health/Public Works, Planning and Zoning Department, and Building Inspections
Department.
PUBLIC HEARING:
SUP-02-18: SPECIAL USE PERMIT REQUEST BY JOE BERRYHILL, ON
BEHALF OF B&B COUNTRY INN, LLC FOR A RECREATIONAL VEHICLE
PARK ON 26.5 ACRES LOCATED ON BOSTON RD (TAX MAP & PARCEL A58-
74) IN THE RC (RURAL CONSERVATION) ZONING DISTRICT:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for Special Use Permit Request by Joe Berryhill, on behalf of
B&B Country Inn, LLC for a Recreational Vehicle Park on 26.5 acres located on Boston
Rd (Tax Map & Parcel A58-74) in the RC (Rural Conservation) Zoning District.
The public hearing set to hear a Special Use Permit Request by Joe Berryhill, on
behalf of B&B Country Inn, LLC for a Recreational Vehicle Park on 26.5 acres located on
Boston Rd (Tax Map & Parcel A58-74) in the RC (Rural Conservation) Zoning District
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
Kendrick administered the Oath of Sworn Testimony to the following individuals who
would offer testimony during the public hearing: Lori Oakley, Caroline Darnell, Joe
Berryhill, Randall Thompson, Wayne Ross, Matt Hastings, Emily Tingen, Timothy
McElroy and Christy Puett.
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Planning Director, Lori Oakley introduced Planner, Caroline Darnell and said Ms.
Darnell would be presenting the Special Use Permit Request by Joe Berryhill, on behalf of
B&B Country Inn, LLC for a Recreational Vehicle Park on 26.5 acres located on Boston
Rd (Tax Map & Parcel A58-74) in the RC (Rural Conservation) Zoning District.
Ms. Darnell shared the following presentation and stated all zoning ordinances and
state statutes have been met for this public hearing.
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Chairman Kendrick asked Ms. Darnell about the one Planning Board member that
voted against to which she stated that member cited property value and public safety.
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Speaking in favor of the Special Use Permit Request by Joe Berryhill, on behalf of
B&B Country Inn, LLC for a Recreational Vehicle Park on 26.5 acres located on Boston
Rd (Tax Map & Parcel A58-74) in the RC (Rural Conservation) Zoning District were the
following:
Mr. Joe Berryhill of 705 Berryhill Road, Roxboro thanked the Board for
considering this project. He asked the Board if there were any questions. Mr. Berryhill
said he had with him, his engineer as well as an appraiser, Wayne Ross, and adjoining
landowner, Randall Thompson. He stated, as seen in the notes, the park lies on a 26-acre
lot and he proposes to build in three phases: the first phase will be 30-33 lots. Mr. Berryhill
provided pictures of another RV Camp in Mebane that he fell in love with when they went
to see it, with how well run and clean things are. Commissioner Clayton asked if the
driveways are gravel. Mr. Berryhill stated the road will be paved up to the office and
around the parking lot of the office with the rest of it to be graveled with compressed gravel.
Commissioner Jeffers asked Mr. Berryhill if it was located toward Virginia on the right to
which he said it would be on the left. Commissioner Clayton asked if a solar park was
close to this property to which Mr. Berryhill stated it was about 2-miles down the road.
Mr. Randall Thompson stated he lives at 623 Long Avenue, Roxboro, and adjoining
property owner to the site. Mr. Thompson said that he and his brother own the property
and they have absolutely no objection to B&B establishing a RV Park there. In his opinion,
Mr. Thompson stated that one has been needed desperately in the county to support people
coming in doing work at the power plants and other projects that are ongoing in the county.
They have had a very tough time finding places. Mr. Thompson stated his personal
experience with these people that come in is that they are perfect fine; his experience has
been without problems and these people work hard. The units are probably $50,000,
$60,000, $70,000 units and his personal experience with people that use these are
construction workers. Mr. Thompson said he understood at the Planning Board public
hearing, there were concerns but these people are good people and they work hard and all
they want to do is make a living. Mr. Thompson stated his brother and his property adjoins
to the east and is 6.23 acres. As far as location, it is right in front of D&J Upholstery, right
in there. Mr. Thompson thanked the Board for its time.
Mr. Wayne Ross of 214 S. Main Street, Roxboro, and a real estate appraiser stated
he was neither in favor of or opposed to the project. He said he was not appearing before
the Board to speak in favor of the RV Park or against the RV Park. Mr. Ross said he was
requested by Mr. Berryhill to see if this would impact home values, property values in the
area. Mr. Ross said the only way to do that is through peer sales analysis and to look at the
history of sales prior to the existence of such a park or what happens to properties after the
existence of a park. Mr. Ross stated Mr. Gary Jones built Jones RV Park and he worked
with Mr. Jones some when he was developing that park. Mr. Ross said he looked at sales
before and after the construction of the Jones RV Park, which is the park that they are
patterning their park after, to see if there were any measureable difference between sales
prices before and after. Mr. Ross said he looked very recently too, in the last three to four
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years, if there were any sales. Mr. Ross said he wouldn’t bore the Board with statistics
very much but he looked at sales within one-mile of the Jones Park before construction and
looked at sales since the Park was put in and up until yesterday. Mr. Ross noted that
Mebane area has a different growth pattern than Person County. Mr. Ross said there were
354 residential sales in Person County during the past twelve month and Mebane has had
400 sales just in the Mebane district, but the larger number of sales speak volumes in terms
what has taken place. Mr. Ross said since the Jones Park was completed in Mebane, there
has been an average increase of nine percent per year for residential housing in an around
that Park within a one mile radius. Mr. Ross said, in his professional opinion, there would
not be any impact on value with the Park.
Mr. Matt Hastings of 1320 Seymour Drive, South Boston, VA and the engineer that
drafted the plan before the Board. He said he was there to represent Mr. Berryhill. Mr.
Hastings addressed the proposed phasing and displayed a revised plan on the bulletin board
for viewing. Chairman Kendrick said the phasing was not a part of the finding of fact to
which Mr. Hastings confirmed. Mr. Hastings said the question of phasing came up last
time and was sure to come up again. Mr. Hastings stated that when they submitted and
originally reviewed at the Planning Board meeting, they have since provided conditions
and RV park rules along with this phased plan, as mentioned by Mr. Berryhill. Mr.
Hastings said the proposed use on this site is allowed by special use permit zoning and it
has public water and sewer, which is hard to find. Mr. Hastings stated 117 lots is shown
which is unlikely to be built out to that many, but they did not want to go through this
process again, which is why they show 117 now which is worst case scenario. Mr. Hastings
said the phased plan includes, phase one, two, three and four. He asked if anyone had any
questions on what they presented.
Speaking in opposition to Special Use Permit Request by Joe Berryhill, on behalf
of B&B Country Inn, LLC for a Recreational Vehicle Park on 26.5 acres located on Boston
Rd (Tax Map & Parcel A58-74) in the RC (Rural Conservation) Zoning District were the
following:
Ms. Emily Tingen of 5189 Boston Road, Roxboro thanked the Board for the
opportunity to come before the Board. For the exact location, Ms. Tingen said for those
that know the 501N area, on Boston Road, past Craig Ford’s, formerly known as the old
drive-in, go down the hill, back up the hill and it’s on the left, where just recently in the
last couple of years cut off trees on the hill right before her house. She said there was a
nice new house built on the right hand side, just before that on the left. Ms. Tingen said
the site is very easy to see with the trees cut down where the lot is. Ms. Tingen said the
community were not aware of the phasing. Ms. Tingen started with the Findings of Fact
that was before the Board. She said the neighborhood can’t argue and did argue at the
Planning and Zoning meeting about the safety (Finding of Fact #1), with fencing, the
barriers, etc. For Finding of Fact #3, injure the value of adjoining property – Ms. Tingen
said she understood it did not affect other properties, but the northern part of the County is
at a disadvantage, not by the lakes, not higher property values as the southern part of the
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county. She asked the Board to imagine something of this magnitude in their back yard.
Ms. Tingen stated she believed it would have an impact, a negative impact. She added
another part of #3 is a public necessity and stated something of this magnitude is not a
public necessity at all, not even close. Ms. Tingen said this was supported by one of the
Planning and Zoning members that voted against this plan; she rode by the property, that
week, three or four times, trying to visualize it and she said it just didn’t fit aside from the
safety concerns she had. Ms. Tingen argued that there are major issues with three of the
four findings of fact. Ms. Tingen opined that the special use permit should actually be a
commercial use zoning issue considering the potential income from this plan is over half-
million dollars a year at 117 lots. Ms. Tingen said this does not seem to be a small RV
camper site, noting some of county’s residents have camp sites that are used to assist the
shutdown workers, contract workers to make extra income for their families; that is not
what this is; this is a commercial property putting money in Berryhill’s pocket. Ms. Tingen
asked the Board to really look at the plan, noting 117 lots on 26 acres is a parking lot. She
showed how she put the picture to size in an aerial map of the 26 acres, noting it is a parking
lot. Ms. Tingen understood it met the minimum guidelines but noted it was not recreational
as it is planned at this time noting there are no trails, there is nowhere to fish, there is
nowhere to go canoeing, nothing that is at the County’s other campgrounds. Ms. Tingen
said by putting a playground in the middle of it, that doesn’t constitute making it
recreational; a swing set can be put anywhere but that doesn’t constitute a recreational title.
Ms. Tingen opined the real reason for the RV Park is to assist with the shutdown contract
workers but those days are coming to an end; the days of shutdown workers at the power
plants are numbered with both power plants, she believed would be shut down by 2035
which sounds like a long way off but in reality it’s only 17 years. She said if that wasn’t
the case, the need for something of this magnitude just isn’t justified. Ms. Tingen said the
Mayo Power Plant, when they have their shutdowns, they have an estimated 40-50
shutdown workers at one time for a few months at a time noting they just completed their
shutdown. She said Hyco may have more due to their size of the power plant but she did
not believe it constituted something of this size. She spoke of the campgrounds that are in
the county: Hyco Lake campground has 65 camp sites on 65 acres that includes their
cabins, sites, and the amphitheater and the swim area and Mayo Park, which is owned by
the County, could add more sites if needed as they do not have nearly as many as Hyco
does but the County could, in turn, add more sites at Mayo to take up any extra need. Ms.
Tingen said both Hyco and Mayo facilities are both recreational with the trails, the
amphitheaters, the water activities and other things. Ms. Tingen addressed the community
need, once again noting Hyco Lake was only at capacity three times this year: Memorial
Day weekend, July 4th, and the Beach Music Festival which is their big concert they do;
that was the only three times Hyco campground was full so because they were full three
weekends and maybe one whole week that this is a public necessity (#3 of the Finding of
Facts). Ms. Tingen said #4 of the Findings of Fact related to being in harmony with the
area and the general conformity; she said it will not be in harmony with the area. She noted
that the Board has ridden on that road many times before the new highway was built, it just
doesn’t fit. Once again, she said it looks like a parking lot when you take the map and put
it on the aerial view. Ms. Tingen said there was no place for shade trees, there is no place
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really for anything. She argued the fact about Mebane being a booming area and not having
any negative effect on their land values as Mebane is a booming area for a lot of different
reasons, whether it’s the interstate coming through. She said over the years, they have seen
a gradual boom and the RV lots did not do that. Ms. Tingen stated that the safety and
security concerns that was addressed at the Planning and Zoning meeting doesn’t get
overlooked if this is approved. The recommendations was for a fence around the property
and paid security at a certain capacity. Ms. Tingen said these were really important and
they needed to know when that is; what is that certain capacity to expect to see some type
of security. Last but not least, before the plan is approved, Ms. Tingen noted that there is
a 50’ barrier that is not met at the corner of her property where the plan has lots 1 and 2
(she illustrated on the map hanging on the bulletin board). She added that needed to be
addressed and maybe corrected before it is given final approval. She thanked the Board
for their time and understanding.
Mr. Timothy McElroy of 5215 Boston Road, Roxboro thanked the Board for the
opportunity to stand and talk to them. Mr. McElroy passed around the site map
superimposed over the aerial view of the properties. Mr. McElroy stated he felt the entire
project was kind of misrepresented to them all in the neighborhood. He said calling it a
RV Park sounds kind of innocent until you learn it is actually for shutdown workers; that
changed the whole makeup of what you think of it. He said a RV Park suggests a family
place where children can play, where family events are held, whereas a camping site for
transient workers for Duke Energy brings something else to mind. In either case, there are
inherent problems to which Mr. McElroy gave the following examples: will the property
be fenced, will there be giant banks of flood lights, security lights to illuminate the site
which will negatively impact his property which is right in front of where they will have
cabins and campers; not to mention the lighting will interfere with the night-time activities
outside, such as any kind of get-togethers they have. Also, Mr. McElroy said noise
pollution, trash from discarded litter, people wandering off the site, if it is not fenced. He
said he has a dog that will go crazy every time something moves back there. He stated
there would be partying, music, fires, ATVs, motorcycles and increased traffic on the
highway out front of his house. Mr. McElroy recalled as he stated in the original meeting
several weeks ago, that if he wanted to live in front of a RV Park, he would have bought a
house in front of one. He did not think anyone present would want to have 117 trailers
behind their property. He stated it would have a negative effect on his property noting no
one would buy a house that is sitting in front of a RV Park. In any case, Mr. McElroy used
a quote from a movie, “the needs of the many outweigh the needs of the few or the one” –
he said the many, in this case, are the property owners here who are faced to waking up to
this development in their backyards while Mr. Berryhill will wake up on his personal
property left unblemished by this development with a nice check in the mailbox. Mr.
McElroy stated it was supremely unfair to let one man negatively impact the neighborhood
for the sake of profit. He asked the commissioners to deny the request.
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Ms. Christy Puett of 422 Ellen Street, Roxboro, which is nowhere near this
property, however, her mother, Judy Evans, has property at 4899 Boston Road right there
beside it. Ms. Puett asked the Board to think of the widows that live right there near it and
the safety concerns that will be there. She asked who would want the flood lights, who
would want people coming onto their property. Ms. Puett said they already have problems
with people coming and thinking they can ride their ATVs and this will just cause more
problems. Ms. Puett said it was not needed and they were told it was a RV Park for families
and it is not; it is for shutdown workers. Ms. Puett asked why do you want 117 spaces
right there for them as it is not needed. Ms. Puett noted she has known the Berryhills all
her life noting her dad grew up with them but in her opinion, she did not think her dad
would even want this beside him. If this is something they wanted to do, why didn’t they
use their property closer to them to try this out. She reiterated that there are widows there
and these folks are not needed there; some of them are good, some are not and it is not
needed at all. Ms. Puett asked the Board to sit down and think of the safety concerns and
everything with it before approval. She asked the Board if they would want it in their back
yard or beside them.
Commissioner Clayton asked about the water and sewer noting the City of Roxboro
has not approved assuming the lot sizes are based on the fact that they can get public water
and public sewer. Ms. Darnell stated they have been in contact with the City of Roxboro
but it has not been officially approved yet. Commissioner Clayton asked what was the
minimum lot size out in that area without water and sewer which Ms. Darnell responded
one-acre for a house. Ms. Oakley said the RV lots are smaller by nature than a house lot.
Commissioner Clayton asked if these RVs can be located there for overnight use or be
there for three weeks; is there a limit on the time that they can locate there, as a RV Park
or a Mobile Home Park to which Ms. Darnell said it would be a RV Park as there is nothing
in the Planning Ordinance that dictates how long that they can stay as that would be up to
the rules that Mr. Berryhill decided on. Commissioner Clayton asked how many on how
many acres, size per unit to which Chairman Kendrick said there are 117 units but some of
them are cabins. Ms. Darnell said there are 117 sites and 8 cabins. Commissioner Clayton
asked if the cabins were on the same size lots as the RVs to which Ms. Darnell said the
cabins have a little bit more room. Commissioner Clayton said he looked at this but wanted
to be sure he understood it. Commissioner Clayton said he understood the water and sewer
as they have to have that to do anything – that’s step one noting the City of Roxboro is in
agreement with that, then they must think they are, or they wouldn’t be gone this far. Ms.
Darnell said they are required to get that approval prior to getting a zoning permit.
Commissioner Clayton asked if there were any adjustments/recommendations at the
Planning Board meeting over the fence and the security to which Ms. Darnell said it was
discussed but there was no requirement as the Board of Commissioners could put that one
as a condition, if the applicant agreed to. Commissioner Clayton said people that stayed
two-three days without problems but if they stay two-three weeks the first thing you know
they see a deer go into the woods and they step down there to see if they can bag one this
afternoon after get off work; he added there will be problems if not controlled with people
going on adjoining properties, just the way it is. He added that if you live in the country,
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you going to have people that do that. Commissioner Clayton asked if the lady was right
about the 50’ barrier from her property, as it related to lots 1 and 2. Ms. Darnell said that
barrier was from the perennial stream and not from the property line. Commissioner
Clayton asked what was the distance from the property line. Ms. Oakley said there is a 50’
buffer around the perimeter noting she was looking at the stream buffer which is a different
line but if you follow this line (illustrated on the site plan hanging on the bulletin board).
Ms. Tingen said that was changed. Commissioner Clayton asked if that was on her
property to which Ms. Oakley said no and there is a 50’ buffer from her property.
Commissioner Jeffers asked if the “Our Intentions” handout that was given to the
Board was something staff required to which Ms. Darnell said no noting it was brought to
their attention after the Planning Board meeting as a follow up to issues.
Chairman Kendrick asked staff if there was any lighting level requirements
associated with the County’s ordinances to which Ms. Darnell said no. Chairman Kendrick
stated that most counties in the areas to which he works have a half-foot candle requirement
as far as lighting was concerned. He added that if the owner agreed to that as part of the
conditions of approval, could the Board make that a requirement. Mr. Hastings stated they
have added to the statement submitted as item #3 noting it was not required but offered
based on comments at the prior meeting. Mr. Berryhill stated they are talking about area
lights but he proposed street lights that are not as high and not as bright.
Commissioner Jeffers asked the distance of the driveway from Boston Road into
the Park noting the plan shows it is 25’ wide but did not say how long to which Mr.
Berryhill stated approximately 250’ roughly. Ms. Oakley concurred it was approximately
250’.
Commissioner Jeffers asked if security was planned for the first phase to which Mr.
Berryhill said yes; he added if it was at 33, he would monitor that as it fills up and by the
time it got to 33 filled lots, he proposed to have a person that lives on the tract along with
other duties, such as maintenance and security. Mr. Berryhill pointed out on the map, an
open area, corner to corner, saying that yes Ms. Evans can see it now, but that is where he
proposes to plant the cypress trees. He added there are spots where you cannot walk
through where trees are 10’. He said she won’t be able to see it; alongside the creek, Mr.
Berryhill said there are 60’ trees there with kudzu on them. Commissioner Jeffers asked
the age of the cypress trees that you can’t walk through noting they can reach 29’ in 16
years. Mr. Hastings said they are the fastest growing tree you can buy. Commissioner
Jeffers said he was trying to get an estimate when she would not be able to see, for instance,
in four years, five years, obviously they would plant small or what size trees. Mr. Hastings
passed around photos from the highway of the site illustrating the open portion that Mr.
Berryhill brought up noting the trees are planted at 6-8’ that grow 10’ tall. Mr. Hastings
said that in probably 2-3 years growth to block the view.
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Mr. Berryhill said that the lake campsites are booked during the major holidays and
they actually turn people away. He said there was a belief that he was building this just for
the shutdown workers, that’s not true as this county has other things going on with two
lakes, three race tracks around that people travel from all over the country coming to, and
hunting season. He said it is not built especially for shutdown workers. He stated the lights
have been addressed and they will plant trees noting it will be a controlled environment
versus a subdivision on a house. Mr. Berryhill said they would control this park, they
wouldn’t be cutting grass at 7:00am versus a subdivision with ten houses; who can say a
man can’t cut grass at 7:00am. Mr. Berryhill reiterated it would be a controlled
environment.
Commissioner Clayton asked if there was going to be any type of fencing to which
Mr. Berryhill said unless the Board wanted them to put up a fence, he would plant trees
where you cannot walk through. Mr. Berryhill said to put up a fence all the way around it
would be expensive. He said this is not a prison and they cannot control the people from
coming or going and as far as people walking off this lot, he sees more of a problem people
walking off the road onto this. He added if there was any problem with any of the campers,
they will be gone as written in the rules.
Mr. McElroy passed around photographs taken from the neighborhood looking into
the site. Commissioner Clayton asked if they were on the other side of the CP&L
transmission line that showing here to which they said they adjoin.
A motion was made by Commissioner Jeffers and carried 5-0 to close the public
hearing for Special Use Permit Request by Joe Berryhill, on behalf of B&B Country Inn,
LLC for a Recreational Vehicle Park on 26.5 acres located on Boston Rd (Tax Map &
Parcel A58-74) in the RC (Rural Conservation) Zoning District.
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CONSIDERATION TO GRANT OR DENY REQUEST BY JOE BERRYHILL, ON
BEHALF OF B&B COUNTRY INN, LLC FOR A RECREATIONAL VEHICLE
PARK ON 26.5 ACRES LOCATED ON BOSTON RD:
Chairman Kendrick rebutted to one of the statements made earlier that both of the
power plants would be shut down by 2035 and that was not necessarily true related to the
coal could be no longer used after 2035; he said it could be a combined cycle station for
both Hyco and Mayo for future with natural gas pipeline coming down east coast it is a
viable option that it be there. Chairman Kendrick addressed public necessity noting events
at the Rock Sportsplex that County Parks & Recreation staff have done an excellent job
promoting and one of the problems Person County has is the number of motels to house
people noting Commissioner Jeffers has said on multiple occasions about bringing his
family reunion and having to take people to Danville, so there is a necessity for space for
people to sleep. Chairman Kendrick stated that there is a lack of housing and also noted
that the Berryhills, on every instance have made Person County a better place to live, for
examples: the Gathering Place, the building built for meetings and events was first rate
and Hall’s Way, a very nice facility and he felt B&B Inn wouldn’t be anything less than
what they have done in the past.
Commissioner Jeffers stated as he makes decisions on the Board he considers what
it would look like years down the road; for instance on Hwy.158 whereby there is a nursing
home, trailer park, church, store/daycare, Youth for Christ, houses, agriculture, and a
recycling center; he asks who decides all those uses mix well. Commissioner Jeffers said
he was not against the project but didn’t feel it fit in the area.
Commissioner Clayton said it was hard to determine at what point the project
needed fencing or security; if not made to do a fence at this time, the Board could not come
back and require it until there was a condition to trigger such. He asked the County
Attorney to address what would be reasonable for the Board to consider. County Attorney,
Ron Aycock suggested that he could draft any policy desired by the Board noting a
requirement could be triggered following any such named sequence of events. Chairman
Kendrick spoke to short and long term housing noting the County has some motels that
cater to long term leasing and there is no requirement for fencing around those facilities
and the fact that facilities the Berryhills have built in the past do not necessitate the thoughts
that rough neck actions will be tolerated.
A motion was made by Chairman Kendrick and carried 3-2 to grant the request by
Joe Berryhill, on behalf of B&B Country Inn, LLC for a Special Use Permit for a
Recreational Vehicle Park on 26.5 acres located on Boston Rd (Tax Map & Parcel A58-
74) in the RC (Rural Conservation) Zoning District with the following condition noting the
request was in keeping with the Person County Comprehensive Plan: the applicant is to
obtain all permits necessary from the GIS, Environmental Health/Public Works, Planning
and Zoning Department, and Building Inspections Department. Chairman Kendrick, Vice
Chairman Powell and Commissioner Puryear voted in favor of the motion. Commissioners
Clayton and Jeffers cast the dissenting votes.
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October 22, 2018
42
PUBLIC HEARING:
PROPOSED APPLICATION TO THE NC DEPT. OF COMMERCE FOR A
COMMUNITY DEVELOPMENT BLOCK GRANT FOR ECONOMIC
DEVELOPMENT BUILDING REUSE FUNDS IN THE AMOUNT OF $1M:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for a proposed Application to the NC Dept. of Commerce for a
Community Development Block Grant (CDBG) for Economic Development Building
Reuse Funds in the amount of $1M.
Economic Development Specialist, Sherry Wilborn requested Board authorization
to submit an Application to the NC Department of Commerce for a CDBG requesting
$1,000,000 in Building Reuse funds. The intended use for these funds is to assist in the
renovation of a building located at 3300 Jim Thorpe Hwy in Roxboro. Polywood LLC, a
manufacturer of outdoor furniture made from recycled materials has plans to open a
manufacturing facility in the building. In order to move into the building, extensive
renovations are needed. Total renovation costs will be approximately $2.1 million. In
addition to CDBG funds, Polywood will invest approximately $1.1 million for renovations
and a minimum of $32.5 million for machinery and equipment. The project will result in
the creation of approximately 109 new jobs with at least 60% of the jobs going to persons
of low and moderate income in the first two years.
Ms. Wilborn stated that if awarded, the grant will be distributed in the form of a
loan extended by Person County to Polywood, which will be fully funded by CDBG grant
funds and forgivable once the agreement terms are satisfied. The loan will be guaranteed
by a promissory note and letter of credit from Polywood to the satisfaction of the County
Attorney. She added the application requirements included the adoption of updates to
various County Plans as well as a Loan Agreement, Application Summary, Debarment
Certification and Disclosure Report.
Ms. Wilborn asked the Board to authorize the Chairman to sign all required
Resolutions and Documents necessary to complete the full application and as presented
herein, and to authorize the Chairman to execute the Loan Agreement upon receipt of the
grant award letter, and based on the terms submitted in the enclosed draft loan agreement.
Ms. Wilborn noted Polywood engaged Mr. David Hartigan of Hartigan
Management to oversee the CDBG application and the fulfillment requirement of the grant.
Speaking in favor of the proposed Application to the NC Dept. of Commerce for a
Community Development Block Grant for Economic Development Building Reuse Funds
in the amount of $1M were the following:
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October 22, 2018
43
CDBG Grant Manager, David Hartigan, a Community & Economic Development
Consultant with Hartigan Management of 12517 Birchfalls Drive, Raleigh stated he was
available for questions.
Mr. Leigh Woodall of 200 Reade Drive, Roxboro and a registered professional
engineer in the state of NC said the building that Polywood will use was formerly used by
Collins & Aikman Corporation for textile manufacturing. He added that when Collins &
Aikman closed their doors, about 10-years ago, they employed 500 people, not only in that
facility, here in Person County, but a few of other facilities and, was at the time, one of the
largest employers in the county. Mr. Woodall noted the jobs lost when Collins & Aikman
closed their doors have not yet been all replaced so he viewed the Polywood project as one
to replace a number of those jobs that were lost. Mr. Woodall stated his support of the
Board approving whatever needed to get Polywood started up in Person County.
There were no individuals appearing before the Board to speak in opposition to the
proposed Application to the NC Dept. of Commerce for a Community Development Block
Grant for Economic Development Building Reuse Funds in the amount of $1M.
A motion was made by Commissioner Jeffers and carried 5-0 to close the public
hearing for a proposed Application to the NC Dept. of Commerce for a Community
Development Block Grant for Economic Development Building Reuse Funds in the
amount of $1M.
CONSIDERATION TO GRANT OR DENY REQUEST TO SUBMIT THE
PROPOSED APPLICATION TO THE NC DEPT. OF COMMERCE FOR A
COMMUNITY DEVELOPMENT BLOCK GRANT FOR ECONOMIC
DEVELOPMENT BUILDING REUSE FUNDS IN THE AMOUNT OF $1M:
A motion was made by Commissioner Clayton and carried 5-0 to authorize the
submission of an Application to the NC Department of Commerce for a CDBG requesting
$1,000,000 in Building Reuse funds as well as to authorize the Chairman to sign all
required Resolutions and Documents necessary to complete the full application and to
Authorize the Chairman to execute the Loan Agreement upon receipt of the grant award
letter, and based on the terms submitted in the enclosed draft loan agreement.
PUBLIC HEARING:
PROPOSED FY2020 COMMUNITY TRANSPORTATION PROGRAM
APPLICATION TO BE SUBMITTED TO NC DOT:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for a proposed FY2020 Community Transportation Program
Application to be submitted to NC DOT.
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October 22, 2018
44
Kathy Adcock, Transit Manager for Person Area Transportation System (PATS)
requested Board approval for the FY2020 Community Transportation Program application
due to be submitted to the NC Department of Transportation by November 2, 2018.
The Community Transportation Program, funded through State, Federal and Local
appropriations, provides assistance to coordinate existing transportation programs
operating in Person County as well as provides transportation options and services for the
communities within this service area. These services are currently provided using demand
response, subscription and trip referrals. Services are rendered by utilizing ADA vans and
Light Transit Vehicles.
The application consists of Administrative and Capital Funding. Total amount
requesting is $367,900, which would require a local match of $45,734. The total estimated
amount requested for the period July 1, 2019 through June 30, 2020 is as follows:
Project
Total Amount Local Share
Administrative
$ 178,880 $ 26,832 (15%)
Capital (Vehicles & Other)
$ 189,020 $ 18,902 (10%)
TOTAL PROJECT $ 367,900 $ 45,734
Total Funding Request Total Local Share
There were no individuals appearing before the Board to speak in favor of or in
opposition to the proposed FY2020 Community Transportation Program Application to be
submitted to NC DOT.
A motion was made by Vice Chairman Powell and carried 5-0 to close the public
hearing for a proposed FY2020 Community Transportation Program Application to be
submitted to NC DOT.
CONSIDERATION TO GRANT OR DENY REQUEST TO SUBMIT THE
PROPOSED FY2020 COMMUNITY TRANSPORTATION PROGRAM
APPLICATION TO NC DOT:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
FY2020 Community Transportation Program Application to be submitted to the NC
Department of Transportation, as presented.
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October 22, 2018
45
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont said she has land adjacent to
the landfill. She reported more people in the community adjacent to the landfill have been
diagnosed or have died, one being her husband, by the disease caused by chemicals. Ms.
Blalock told the Board they could stop the landfill as they have to have a permit. She opined
that the chemicals are in the air and in the streams and that the landfill has exceeded the
height but nobody is doing anything. Ms. Blalock said there was no buffer when it is 300ft.
high or more. She noted that they could not take on more traffic and how even more trucks
will be coming and going for the gas. She further noted that gas from landfill is 20 times
greater than the emissions from a car. She said only 40 trucks a week are needed for Person
County’s garbage. She noted her displeasure with no buffer for all the fumes, no air testing,
no private well testing in the surrounding area (over 400 wells.)
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of October 1, 2018,
B. Budget Amendments and Transfers,
a. Budget Amendment #8,
b. Appropriation Transfer Person Industries/ PI MRF,
c. Budget Amendment #9,
C. Approval of Capital Project Ordinance and the Rural Economic Development
Grant Agreement related to the Rural Ready Sites Waterline Extension
Construction for the Person County Mega Site, and
D. Tax Adjustments for October 2018
a. Tax Releases
b. NC Vehicle Tax System pending refunds
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October 22, 2018
46
RESOLUTION APPROVING THE SALE OF HOME HEALTH & HOSPICE:
Ron Aycock, Person County Attorney stated at the Board’s May 21, 2018 meeting,
the Board of Commissioners authorized a Resolution of Intent to Sell the County’s Home
Health and Hospice Agency and conducted a public hearing. Mr. Aycock recalled the
statutory requirements related to the potential sale (Chapter 131E of the General Statutes)
to which the County has complied with all the necessary requirements. Mr. Aycock
reminded the group that a contractor was engaged to guide the County through that process
which resulted in an offer to purchase from MSA Medical Services of America for the
County’s Home Health and Hospice operations. After the solicitation of bids, the bid
submitted by MSA was $200,000. Since that time, the County has been negotiating an
Asset Purchase Agreement with MSA Home Health and Hospice of the Piedmont Inc. That
Purchase Agreement includes the following principle points:
1. The sales price is $200,000
2. MSA will lease 4,052 square feet of space for up to one year at a rate of $17 per
square foot per month in the County’s Home Health and Hospice space
3. MSA agrees to pay $750 per month for use of the Barnestorm Software and related
IT services
4. MSA agrees to provide employment to existing HHH employees to which one has
accepted that employment
5. The sale will be effective as of November 1, 2018
Mr. Aycock presented a Resolution approving the Sale of the Home Health and
Hospice Agencies to MSA for adoption that would authorize the execution of the Asset
Purchase Agreement by the Chairman of the Board and authorizes the County Manager,
Health Director, County Finance Director, and County Attorney to execute any
supplemental documents necessary to effectuate the agreement.
Mr. Aycock stated state law requires the purchaser to operate within Person County.
As indicated they will operate by sublease of the space presently occupied by the County’s
Home Health and Hospice and thereafter, they are required to find other space in the county
to operate.
Mr. Aycock said MSA is buying the license to operate that is currently held by
Person County.
Vice Chairman Powell asked how many employees are currently with Home Health
and Hospice to which the County Manager, Heidi York responded there are five
employees.
Chairman Kendrick asked that the lease space and the use of the software protect
the taxpayers of the County to which Ms. York said that negotiated rate is higher than what
the County pays.
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October 22, 2018
47
A motion was made by Chairman Kendrick and carried 5-0 to adopt and approve
a Resolution approving the Sale of the Home Health and Hospice Agencies to MSA.
Commissioner Clayton stated his support for the resolution before the Board but
was sad to see it gone noting his personal experience with family members getting services.
He added that the finances were not there to support keeping the program. Vice Chairman
Powell agreed with Commissioner Clayton noting MSA will provide the same service as
being provided noting the financial records show a very high loss for those services through
the County.
Commissioner Jeffers asked about the employees that do not accept a position with
MSA to which Ms. York stated those employees were given an opportunity to apply for
other positions within the County to which some have done so and some have taken jobs
with other counties.
49
October 22, 2018
48
50
October 22, 2018
49
51
October 22, 2018
50
BUDGET ADJUSTMENT RELATED TO THE SCHOOL RESOURCE OFFICER
POSITIONS AT PERSON COUNTY SCHOOL AND ROXBORO COMMUNITY
SCHOOL:
Chief Deputy Kevin Crabtree presented to the Board a budget adjustment for
approval related to the new School Resource Officer positions for Fiscal Year 2019. The
cost for the SRO position for Person County Schools will be $40,265 and the SRO position
for Roxboro Community School will cost $42,929 for the remainder of the current fiscal
year. Chief Deputy Crabtree stated the schools each wanted a SRO with at least 2-years of
experience noting both entities would be funding all the associated costs as outlined below.
The County previously approved funding for two vehicles, gas and maintenance for
a total of $63,574 that will be used by the two SROs.
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
budget adjustment for the School Resource Officer positions for Person County Schools
and Roxboro Community School, as presented.
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October 22, 2018
51
CHAIRMAN’S REPORT:
Chairman Kendrick thanked Governor Cooper for coming to Person County for the
Polywood announcement, as well as Congressman Mark Walker, and the state
representatives that were present. Chairman Kendrick noted the Polywood CEO said when
they first met the Board of Commissioners, the Economic Development Commission and
others from the community, they were really impressed by the County putting its best foot
forward and showing them what Person County could do for them. With that, he
commended the Board of Commissioners, the Economic Development Commission and
the Secretary of Commerce for all efforts to get Polywood to locate in Person County.
Chairman Kendrick stated that as of this date, at 9:00am, there had been 1,761
people to early vote; he encouraged everyone to vote.
MANAGER’S REPORT:
County Manager, Heidi York echoed the congratulations on the Polywood project
noting they have been a great partner to work with and have donated all the furniture to the
County that was on display on the date of the announcement.
Ms. York reported the regular scheduled Economic Development Commission
meeting scheduled for October 23, 2018 at 4:00pm has been cancelled. Ms. York
announced the Person County Business Industrial Center will be holding a strategic
planning session on October 24, 2018 from 9:00am to 1:00pm at the offices of Carolina
Pride.
Ms. York asked for Board feedback for a joint meeting with the Board of Education
on November 19, 2018; she said that Chairman Kendrick was unable to attend and she
wanted to know if the Chairman would like for staff to reschedule or to proceed with that
date. Chairman Kendrick stated he had a prior engagement for that afternoon but suggested
for the Board to proceed with meeting on that day. Ms. York stated the joint session would
be discussing the Schools’ Facilities Audit; following the joint meeting, two
commissioners will be asked to serve on a separate committee for implementation.
Commissioner Jeffers asked with the election, should the meeting take place later to which
Ms. York stated she and the Superintendent wanted to have the joint session prior to the
Capital Improvement Plan process which begins in December/January. It was the
consensus of the Board to proceed to meet on November 19th.
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October 22, 2018
52
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Powell echoed comments related to Polywood being very positive
and had materialized to be a tremendous boost for employment here in the County. He
commented that the Economic Development Commission is business-minded oriented and
progressive thinking for the people of Person County and commended the Board of
Commissioners for supporting the decision of the EDC to illustrate how those two boards
work together representing progress in Person County.
Commissioner Jeffers reported he participated in the Race Unity closing event at
the Kirby on October 21, 2018 by reading a Proclamation on behalf of the Board Chairman.
He thanked the BASICs group for starting the conversation, involving everyone in that
conversation and continuing that conversation.
Commissioner Jeffers echoed the sentiments made for the Polywood announced
and recognized Stuart Gilbert for his work prior to his departure, as well as Sherry Wilborn.
Commissioner Jeffers said he was asked to serve on an advisory council for the
Institute for Emerging Issues at NC State, a non-partisan public policy organization
focusing on reconnecting the rural and urban communities to address the divide between
the fast growing urban areas and slower growth in rural areas sharing the prosperity
together.
Commissioner Clayton commented, as Commissioner Jeffers did, to recognize
Stuart Gilbert on the Polywood project.
Commissioner Clayton said goals for the NC Association of County
Commissioners are due noting he would the attending the Environment Committee on
October 31, 2018 should anyone have any goals for submission.
Commissioner Puryear said this was the last meeting before the election. He
thanked residents of the County for allowing him to serve as a good steward of their tax
dollars for the last twelve years noting he was optimistic for four more years on the Board.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 11:32am.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
54
11/19/2018
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 55,276
Public Safety 146,522
Human Services (2,136)
Contingency (70,774)
REVENUES General Fund
Intergovernmental (4,462)
Charges for Services 82,948
Other Revenues 48,076
Fund Balance Appropriation 2,326
Explanation:
BUDGET AMENDMENT
Reimbursement by Person County Schools and Roxboro Community School for new School Resource Officer
positions (2 FTE) to be added to the Sheriff's Department ($82,948); transfer undesignated contingency (-
$63,574) to Sheriff's department for the purchase of a vehicle and associated operating costs for the new
School Resource Officer position for Roxboro Community School ($63,574); transfer undesignated contingency
(-$7,200) to General Services for installation of internal walls and doors in health and human services building
($7,200); receipt of insurance claims for property damage ($48,076); appropriate fund balance for pay
classification increases in Veterans Services ($2,326); adjustments to DSS intergovernmental revenues (-
$4,462).
BA-1055
AGENDA ABSTRACT
Meeting date:
November 19, 2018
Agenda Title:
Resolution - Designation of Applicant’s Agent
Summary of Information:
In anticipation of an emergency declaration for Person County under Hurricane
Michael, the purpose of this Resolution is to certify the Finance Director and
Emergency Management Director as the authorized officials to execute and file
applications for federal and/or state emergency financial assistance on behalf of
Person County under the Robert T. Stafford Disaster Relief & Emergency Assistance
Act, (Public Law 93-288 as amended) or as otherwise available. Furthermore, this
Resolution authorizes the above officials to represent and act for Person County in all
dealings with the State of North Carolina and the Federal Emergency Management
Agency (FEMA) for all matters pertaining to such disaster assistance required by the
grant agreements and the assurances printed on the attached page.
Recommended Action:
To approve the Resolution that authorizes the officials stated herein to apply and file
for disaster financial assistance under the terms provided.
Submitted By:
Amy Wehrenberg, Finance Director
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58
AGENDA ABSTRACT
Meeting Date: November 19, 2018
Agenda Title: Person County Airport Renewal of Safety/Maintenance Agreement
and Resolution of the Sponsor
Summary of Information: NCDOT, through its Division of Aviation allocates funding to
assist publicly owned and operated airports with airfield safety and maintenance related
improvements at 100% state funding with no cost to the County. However, in order to participate
in this program, the County or Sponsor must complete a ‘Letter of Agreement’ and a “Resolution
of the Sponsor’. (See Attached)
Recommended Action: Approve the Letter of Agreement for Airport Safety/Maintenance
Projects and the Resolution of the Sponsor in order to be eligible for state funding.
Submitted By: Ray Foushee, General Services Director
59
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISOIN OF AVIATION
1560 MAIL SERVICE CENTER
RALEIGH, NC 27699-1560
Telephone: (919) 814-0550
Fax: (919) 840-0645
Customer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
1050 MERIDIAN DRIVE
MORRISVILLE, NC 27560
October 12, 2018
Re: NCDOT - Division of Aviation Airport Safety/Maintenance Program Agreement
Dear Airport Sponsor:
The Safety, Preservation, and Maintenance (SPAM) Program was created by the Division
of Aviation to assist publicly owned and operated airports with airfield safety and
maintenance related improvements at 100% state funding. This program has been a great
success and has been well received by many airports across our state. To date, the SPAM
Program has completed $12,600,000 worth of projects at 69 airports. It is now time to
renew the Program Agreement.
In order for the Division of Aviation to continue to fund projects at your airport under the
program, we request that you review, complete, and return the enclosed “Agreement for
Airport Safety/Maintenance Projects.” Please scan and email completed electronic copies
to Randy Finger at afinger@ncdot.gov by December 31, 2018. The new agreement will
supersede previous agreements and will ensure all airports are under the same agreement
and same expiration date moving forward. Having this agreement executed does not
commit the Division to a particular project, but allows us to expeditiously complete a
project once a project has been identified and selected for completion.
Thank you for your cooperation in this process and please contact me or your Airport
Project Manager if you have any questions or comments regarding the SPAM Program.
Sincerely,
Jonathan Arnold, P.E.
Deputy Director/Airport Development Manager
cc: Bobby Walston, P.E., Director
Randy Finger, P.E., Statewide Programs Manager
DOA – Airport Project Managers
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LETTER OF AGREEMENT FOR
AIRPORT SAFETY/MAINTENANCE PROJECTS
THIS AGREEMENT is made, this _______________day of __________________, 2018 by the
(Airport Owner) Person County as owner and operator (hereinafter referred to as “Sponsor”) of the
(Official Airport Name) Person County Executive Airport (TDF) (hereinafter referred to as
“Airport,”) and the North Carolina Department of Transportation (Division of Aviation), an agency of
the State of North Carolina (hereinafter referred to as “Department”), for the purposes of future and
as-yet unspecified safety or maintenance services to be performed by said Department in accordance
with the terms, conditions and provisions hereof.
WITNESSETH
WHEREAS, the Sponsor is primarily responsible for maintaining the facilities of the Airport to
protect and preserve the safety of flight operations at, from and to the Airport; and
WHEREAS, and the Department shares the interest of the Sponsor in the prompt and adequate
maintenance and repair of the paved surfaces of the Airport which support aircraft movements on the
Airport; and
WHEREAS, the Sponsor and the Department may, from time to time, mutually determine that certain
paved surfaces and adjacent areas on the airport have aged and deteriorated and/or that other
infrastructure is in need of maintenance or repair, and that the Sponsor could benefit from the
assistance of the Department in accomplishing such maintenance and repair; and
WHEREAS, pursuant to Article 7 of North Carolina General Statute 63, the Department is authorized
to undertake safety improvements of aircraft movement areas, on publicly owned and operated
airports in North Carolina; and
WHEREAS, the Sponsor and the Department agree that upon the request by the sponsor and the
acceptance by the Department, certain needed improvements at the Airport may be undertaken by the
Department in conformance with the provision of North Carolina General Statute 63; and
WHEREAS, the Department requires a Commitment and Release of Liability statement to be on file
in its offices, in order to be able provide and oversee such maintenance and repair at the Airport;
NOW THEREFORE, the Sponsor does hereby commit to the following measures:
1.This Letter of Agreement supersedes all prior agreements between the Department and Sponsor
with respect to the subject matter of this Letter of Agreement.
Page 1 of 5
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Page 2 of 5
2.Upon the Sponsor's approval, the Department, using NCDOT state forces and/or private
contractor(s) under a Purchase Order Contract, may perform the requested maintenance and repair to
the Airport. This work may include, but not be limited to; Joint and Crack Sealing, Pavement Repairs
and Patching, Surface Treatments, Maintenance Overlays, Electrical, Grading, Drainage
Improvements, Pavement Markings, or other infrastructure maintenance.
3. The Sponsor will receive notification from the Department of the Department’s willingness to
perform (or pay to have performed) any item or items of work approved by the Sponsor and a
proposed schedule for performing the work and the force or contractor the Department proposes to
perform the work.
4. If the schedule and the force or contractor proposed by the Department for performing the work is
acceptable to the Sponsor, the Sponsor shall authorize the Department (or its contractors) to enter
upon the property of the Airport during the scheduled time to perform the work.
5. If the schedule and the force or contractor proposed by the Department for performing the work is
unacceptable to the Sponsor, the Sponsor shall inform the Department of the reasons for its
objections and the Sponsor and the Department will engage in dialogue with the intent of
determining if an alternative schedule or force or contractor is acceptable to both the Sponsor and the
Department. If the Sponsor and the Department cannot reach agreement through the process
described in paragraph 4 then the Department will withdraw its offer to perform the requested work.
6. The Sponsor hereby represents to the Department that the title to the pavement and adjacent areas
of the Airport is vested in the Sponsor.
7. The Sponsor agrees to provide a duly authorized representative who will be present and/or
available at all times the work is in progress (including nights and weekends, as applicable) to
monitor project operations and assist the Department’s representative.
8. The Sponsor agrees to provide a duly qualified operator who will monitor the airport’s UNICOM
radio transceiver at all times the work is in progress (including nights and weekends, as applicable)
and will issue airport advisories as necessary on the UNICOM radio transceiver.
9. The Sponsor agrees, when needed, to formally close any runway, taxiway, or apron at all times
when the work is in progress on that pavement area and to take appropriate steps to prohibit use of
such areas by aircraft and/or ground vehicles while the work is being performed or the subject
pavement areas are in an unsafe or uncured condition due to the conduct of the work.
10. The Sponsor agrees to issue and keep current the necessary Notices to Airmen (NOTAMS)
through the Federal Aviation Administration (FAA) until all work is completed and the Department’s
representative notifies the Sponsor’s representative that the affected areas may be returned to service.
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Page 3 of 5
11. The Sponsor agrees that the Department may, in its sole discretion, determine the design, scope
of work, materials to be used, and methods of accomplishing the authorized work. The Department
covenants that any and all such work as it performs or has performed at the Airport
pursuant to this agreement will meet or exceed all relevant State of North Carolina and Federal
Aviation Administration specifications for the type of pavement concerned and the type of
maintenance or repair that is being performed.
12. To the maximum extent allowed by law, the Sponsor shall indemnify and hold harmless the
Department and its officers and employees from all suits, actions, or claims of any character because
of injury or damage received or sustained by any person, persons, or property resulting from work
performed under this Commitment. This indemnity does not extend to causes of action arising from
the negligence of the Department, its officers and employees or any of Department’s contractors who
performed the work.
13. Should Sponsor fail to comply with any material duty required of it under this Agreement the
Department shall give written notice to the sponsor of the details of its non-compliance and provide a
reasonable period in which the Sponsor can cure its non-compliance. Upon the expiration of said
cure period without the Sponsor having come into compliance, the Sponsor agrees that, at its sole and
unlimited discretion, the Department shall have the right to immediately stop all work being
performed at the Airport and release the work area to the jurisdiction of the Sponsor.
14. The Sponsor understands that for the Department to perform maintenance or safety services, the
Airport and Sponsor must be in good standing on all State and Federal Grant Requirements and
Assurances before any project shall be performed under this Commitment.
15. Subject to the provisions of paragraph 13 above, this Commitment will expire on December 31,
2023. Subject to the provisions of paragraph 13 above, this Commitment may be terminated by either
the Department or the Sponsor by providing written notification of termination. The effective date of
termination pursuant to this paragraph shall be the date of receipt of the notice of written termination
by the non-terminating party.
NC Division of Aviation
BY: _______________________________________ DATE: _________________________
Bobby Walston, P.E.
Aviation Director
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Page 4 of 5
WITNESS WHEREOF, the Sponsor has executed this Commitment on the date first written on Page
1 of this document.
FOR THE LOCAL AIRPORT SPONSORING AGENCY
Signed: __________________________________________________________________________
Title: Tracey L. Kendrick, Chairman, Person County Board of Commissioners
Official Sponsor: Person County
Attest: __________________________________________________________________________
Brenda B. Reaves, Clerk to the Board of Commissioners
SEAL OF THE SPONSOR
A digital copy of this LETTER OF AGREEMENT in adopted form should be emailed to the
Statewide Program Manager and your Airport Project Manager. General telephone number is:
(919) 814-0550.
Statewide Program Manager - Randy Finger, P.E. afinger@ncdot.gov
Airport Project Manager (NW) - Rachel Bingham, P.E. rsbingham@ncdot.gov
Airport Project Manager (NE) – Ron McCollum, P.E. remccollum@ncdot.gov
Airport Project Manager (SW) – Jared Penny jjpenny@ncdot.gov
Airport Project Manager (SE) – Ashley Clowes, P.E. aeclowes@ncdot.gov
Airport Project Manager (Commercial Service) – Todd Meyer, P.E. tmeyer@ncdot.gov
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Resolution of the Sponsor
A motion was made by (Name and title) ________________________________________________
and seconded by (Name and Title) N/A for the adoption of the following resolution, upon being put
to a vote it was duly adopted:
THAT WHEREAS (Airport Owner) Person County (hereinafter referred to as “Sponsor”) the North
Carolina Department of Transportation (hereinafter referred to as “Department”) requires a
Commitment and Release of Liability statement to be on file, in order to provide and oversee
maintenance and safety improvements on the operational surfaces of the (Official Airport Name)
Person County Executive Airport (TDF); in accordance with the provisions of North Carolina
General Statute 63.
NOW THEREFORE, BE IT AND IS HEREBY RESOLVED, that the
(Title of Airport Official) County Manager of the Sponsor be and is hereby authorized and
empowered to enter into a Commitment and Release of Liability with the Department, thereby
binding the Sponsor to fulfillment of its obligation as incurred under this resolution and its
commitment to the Department.
*********************************************************************************
I, (Name and title of Public Notary) Brenda B. Reaves, Clerk to the Board of Commissioners,
of the (Name of Sponsoring Agency) Person County, do hereby certify that the above is a true and
correct copy of the minutes of (Name of Authorizing Board of the Sponsoring Agency) Person
County Board of Commissioners, held on (Date of Meeting) November 19, 2018.
WITNESS my hand and the official seal of the Sponsor.
This the day of (month, day, year) November 19, 2018 .
Signed: __________________________________________________________________________
NORTH CAROLINA
PERSON COUNTY
I, Marianna C. Long, a Notary Public of the aforesaid State and County do hereby certify that Brenda
B. Reaves personally came before me this day and acknowledged that she is the Clerk to the Board
of Commissioners of Person County, and that by authority duly given and as the act of attestation,
the foregoing instrument was signed by Tracey L. Kendrick, Chairman of the Person County Board
of Commissioners in its name by him, sealed with its seal. Witness my hand and notarial seal on this
the 19th day of November, 2018.
________________________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES: _______________
NOTARY SEAL
Page 5 of 5
65
AGENDA ABSTRACT
Meeting Date: November 19, 2018
Agenda Title: Capital Project Budget Ordinance relating to Person County’s Community
Development Block Grant for the Polywood Building Reuse Project
Summary of Information: The Economic Development Specialist and the Finance Director
are requesting approval to appropriate funds in accordance with the Community Development
Block Grant guidelines and the enclosed Capital Project Budget Ordinance.
Recommended Action: Approve the Capital Project Budget Ordinance relating to Person
County’s Community Development Block Grant for the Polywood Building Reuse Project.
Submitted By: Sherry Wilborn, Economic Development Specialist and
Amy Wehrenberg, Finance Director
66
CAPITAL PROJECT BUDGET ORDINANCE
RELATING TO PERSON COUNTY’S
COMMUNITY DEVELOPMENT BLOCK GRANT
FOR THE
POLYWOOD BUILDING REUSE PROJECT
WHEREAS, the Person County Board of Commissioners desires to adopt a capital project budget ordinance
relating to funds from a Community Development Block Grant for the Polywood Building Reuse project,
NOW, THEREFORE, BE IT ORDAINED, by the Person County Board of Commissioners, as follows:
SECTION 1: The project authorized is for Community Development Block Grant (CDBG) Building Reuse. The
project consists of renovation to an existing building located at 3300 Jim Thorpe Hwy in Roxboro.
Said project will be in accordance with the County's CDBG Building Reuse application as
approved by the North Carolina Department of Commerce and is known as the “Polywood
Building Reuse Project”.
SECTION 2: The officials of Person County are hereby directed to proceed with the project within the terms of
the grant documents, and the rules and regulations of the North Carolina Department of
Commerce, and the budget contained herein,
SECTION 3: It is estimated that the following revenues will be available during the project construction to meet
the foregoing appropriations:
Community Development Block Grant $ 1,000,000.00
SECTION 4: The amount herein set forth is hereby appropriated for the project:
Building Renovations $ 1,000,000.00
SECTION 5: The Grant Administrator is hereby directed to report quarterly to the Finance Director on the
financial status of the project and on the total grant revenues received or claimed. The Finance
Director shall also keep the governing body informed at each regular meeting of any unusual
occurrences.
SECTION 6: The Finance Director is hereby directed to maintain within the Grant fund sufficient detailed
accounting records to provide the accounting of the grantor agency required by the Grant
Agreement, and Federal and State and regulations.
SECTION 7: Upon receipt of proper documentation from the project business, funds will be requested from the
grantor agency and made available to the project business in accordance with the Loan Agreement
between the project business and the County. Reimbursement requests from the project business
should be made to the grantor agency in an orderly and timely manner.
SECTION 8: Copies of this ordinance shall be filed with the Finance Director and the Clerk to the Board of
Commissioners to be kept by them for their direction in carrying out this project.
Adopted this the 19th day of November, 2018.
Tracey L. Kendrick, Chairman
ATTEST:
Brenda Reaves, Clerk to the Board
67
AGENDA ABSTRACT
Meeting Date: November 19, 2018
Agenda Title: Transitioning Person County’s Domain from .net to .gov
Summary of Information: .gov domains are only approved by the Federal Government and
require strict rules for implementation. By implementing a .gov domain, we assure citizens and
other entities that we conduct business with that we are a legitimate government organization.
Among the many benefits, this will help to decrease the number of times that legitimate emails
sent by county employees are caught in spam filters and/or never delivered to the intended
parties.
Basic Requirements:
No non-government advertisements
No political or campaign information
Must contain either “NC” or “North Carolina” within the domain name (ex.
personcountync.gov)
Must contain “county” spelled out within the domain name
There is a $400 annual cost associated with the .gov domain which will be budgeted in the IT
operating budget for future years. Person County retains the use of the .net domain until 2021
providing an ample transition period.
Recommended Action: Authorize Chairman Kendrick to execute an agreement to implement the
.gov domain.
Submitted By: Chris Puryear, IT Director
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PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
304 South Morgan Street, Room 212
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
November 19, 2018
.Gov Domain Registration
c/o Verisign, Inc.
12061 Bluemont Way
Reston, Virginia 20190
Dear Domain Manager,
As County Commissioner for Person County, North Carolina, I formally request that
authority over the personcountync.gov second-level domain name be delegated to Person
County, North Carolina. I attest that I am the highest-ranking official for Person County,
North Carolina.
This domain name will be used for conducting the day-to-day business of Person County
Government which includes, but is not limited to, communicating information digitally to
visitors and citizens of Person County. The use of this domain is consistent with the
County of Person Internet policy. In addition, I will ensure the content of the requested
domain name conforms to the .gov policy.
By requesting this domain name, I acknowledge that I will be responsible for payment of
the annual $400 domain fee. I understand that if I wish to retire my domain, I must
submit a written request to registrar@dotgov.gov. If a written request is not submitted, I
understand that I will continue to be responsible for all accrued domain fees.
The following individuals will be listed as points of contact for personcountync.gov. It is
understood that the contact information must remain valid and up to date.
75
Administrative Point of Contact
Heidi York
County Manager
304 S Morgan St, Roxboro, NC 27573
336-597-1720
hyork@personcounty.net
Billing Point of Contact
Suzanne Humphries
Senior Administrative Support Specialist
204 Barden St, Roxboro, NC 27573
336-597-7810
shumphries@personcounty.net
Technical Point of Contact
Chris Puryear
IT Director
204 Barden St, Roxboro, NC 27573
336-597-7810
cpuryear@personcounty.net
Sincerely,
Tracey L. Kendrick
Chairman, Person County Commissioners
76
AGENDA ABSTRACT
Meeting Date: November 19, 2018
Agenda Title: Tax Adjustments for November 2018
Summary of Information: Attached please find the tax releases and motor vehicle pending
refunds:
1. November 2018 tax releases.
2.November 2018 North Carolina Vehicle Tax System (NCVTS) pending refunds.
Recommended Action: Motion to accept reports and authorize refunds.
Submitted By: Russell Jones, Tax Administrator
77
NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT
2865301 2018-11002 DY:0RP:69 13 MP 10/16/2018 2:34:34 PM
GODWIN CLARABELLE S
EXEMPTION ADDED C ADVLTAX 31,213.00 218.49
EXEMPTION ADDED FIREADVLTAX 31,213.00 3.12
DISABILITY EXEMPTION TOTAL RELEASES:221.61
15112301 2018-14388 DY:0RP:35 37 MP 10/17/2018 4:47:26 PM
POOLE GEORGE THOMAS ESTATE
EXEMPTION ADDED C ADVLTAX 45,000.00 315.00
EXEMPTION ADDED CI50ADVLTAX 45,000.00 301.50
DVET EXEMPTION REMOVED PER
OBITUARY - WILL RESERVES LIFE ESTATE
FOR AGNES D POOLE, WIFE 17E372
TOTAL RELEASES:616.50
25174201 2018-33885 DY: PERSONAL PROPERTY MP 10/18/2018 11:39:05 AM
HOLEMAN LAWRENCE R II
DOUBLE CHARGED C ADVLTAX 12,342.00 86.39
DOUBLE CHARGED FIREADVLTAX 12,342.00 1.23
TAGGED VEHICLES LISTED TOTAL RELEASES:87.62
8490301 2018-1748 DY: RP:A15A 35 MP 10/18/2018 2:17:30 PM
HOWELL WEBB C III & MARTHA J
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 12,154.00 85.08
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 12,154.00 8.51
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 12,154.00 1.22
LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 12,154.00 0.12
BOAT SOLD 2017 TOTAL RELEASES:94.93
31493301 2018-3433 DY: RP:A64 89 P MP 10/18/2018 2:33:30 PM
HOOVER GALEN
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 1,830.00 12.81
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 1,830.00 0.18
2002 BUICK TAGGED TOTAL RELEASES:12.99
53906301 2018-15420 DY: RP:A24 106 MP 10/18/2018 3:24:09 PM
HOPPER JAMES E SR
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 9,410.00 65.87
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 9,410.00 0.94
MOTOR VALUE INCLUDED IN BOAT VALUE TOTAL RELEASES:66.81
62965115 2015-50816 DY: PERSONAL PROPERTY RH 10/22/2018 2:31:49 PM
KARR JOHN THOMAS
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 4,040.00 28.28
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 4,040.00 2.83
MOVED OUT OF STATE IN 2014 TOTAL RELEASES:31.11
62965116 2016-53786 DY: PERSONAL PROPERTY RH 10/22/2018 2:34:03 PM
KARR JOHN THOMAS
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 3,640.00 25.48
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 3,640.00 2.55
MOVED OUT OF STATE 2014 DELETE BOAT TOTAL RELEASES:28.03
62965201 2017-39824 DY: PERSONAL PROPERTY RH 10/22/2018 2:36:55 PM
KARR JOHN THOMAS
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 3,530.00 24.71
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 3,530.00 2.47
MOVE OUT OF STATE 2014 DELETE BOAT TOTAL RELEASES:27.18
RUN DATE: 11/7/2018 4:31 PM RELEASES REPORT
Person County
78
NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT
7068301 2018-6671 DY: RP:A8 52 RH 10/23/2018 10:48:58 AM
KNIGHT DON L
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 7,910.00 55.37
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 7,910.00 0.79
DELETE 2012 CAMPER TAGGED TOTAL RELEASES:56.16
37790308 2018-9051 DY:0RP:108 4 1 RH 10/26/2018 8:37:29 AM
BLACKWELL REUBEN C IV TRUSTEE
APPRAISER ADJUSTED BUILDING C ADVLTAX 2,140.00 14.98
APPRAISER ADJUSTED BUILDING CI50ADVLTAX 2,140.00 14.34
MVD GARAGE & LEANTO TO REC 9061 TOTAL RELEASES:29.32
17288301 2018-25434 DY: RP:A78 250 RH 10/31/2018 10:22:57 AM
MELTON STEPHEN E JR
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 8,550.00 59.85
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 8,550.00 0.86
DELETE BOAT-CAROLINA DUP BILL SEE
REC 2733
TOTAL RELEASES:60.71
30992301 2018-15454 DY: RP:A4A 57 RH 10/31/2018 12:32:10 PM
SLAUGHTER TERA B
C ADVLTAX 4,119.00 28.83
FIREADVLTAX 4,119.00 0.41
TOTAL RELEASES:29.24
37694302 2018-23524 DY: RP:A54 156 RH 11/1/2018 10:08:28 AM
GLENN JOSEPH F & JOYCE C
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 5,310.00 37.17
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 5,310.00 0.53
DELETE 2 VEHICLES WERE TAGGED TOTAL RELEASES:37.70
6146304 2018-3424 DY: RP:A28 47 RH 11/1/2018 10:22:28 AM
MEADOWS ANNETTE H
C ADVLTAX 3,620.00 25.34
FIREADVLTAX 3,620.00 0.36
TOTAL RELEASES:25.70
12182301 2018-2095 DY: RP:A24 116 RH 11/2/2018 12:21:01 PM
NUNLEY JAMES A II & ELISE C
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 41,500.00 290.50
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 41,500.00 4.15
DUP BILL SEE REC 36485 TOTAL RELEASES:294.65
56754111 2011-44496 DY: PERSONAL PROPERTY RH 11/2/2018 3:16:43 PM
ROYAL BANK AMERICA LEASING LP
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 8,019.00 56.13
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 8,019.00 49.24
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 8,019.00 5.61
LISTING ADJUSTED PERSONAL PROPERTY CI50PEN FEE 8,019.00 4.93
PROPERTY NOT LOCATED IN PERSON
COUNTY F2011
TOTAL RELEASES:115.91
NET RELEASES PRINTED:1,836.17
TOTAL TAXES RELEASED 1,836.17
RUN DATE: 11/7/2018 4:31 PM RELEASES REPORT
Person County
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C ADVLTAX - County Tax
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2011 2011 0 8,019 8,019 0.00 56.13 0 0.00 8,019 56.13
2015 2015 0 4,040 4,040 0.00 28.28 0 0.00 4,040 28.28
2016 2016 0 3,640 3,640 0.00 25.48 0 0.00 3,640 25.48
2017 2017 0 3,530 3,530 0.00 24.71 0 0.00 3,530 24.71
2018 2018 82,472 102,626 185,098 577.30 718.38 0 0.00 185,098 1,295.68
DIST TOTAL 82,472 121,855 204,327 577.30 852.98 0 0.00 204,327 1,430.28
C PEN FEE - County Late List
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2011 2011 0 8,019 8,019 0.00 5.61 0 0.00 8,019 5.61
2015 2015 0 4,040 4,040 0.00 2.83 0 0.00 4,040 2.83
2016 2016 0 3,640 3,640 0.00 2.55 0 0.00 3,640 2.55
2017 2017 0 3,530 3,530 0.00 2.47 0 0.00 3,530 2.47
2018 2018 0 12,154 12,154 0.00 8.51 0 0.00 12,154 8.51
DIST TOTAL 0 31,383 31,383 0.00 21.97 0 0.00 31,383 21.97
CI50ADVLTAX - City of Roxboro
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2011 2011 0 8,019 8,019 0.00 49.24 0 0.00 8,019 49.24
2018 2018 47,140 0 47,140 315.84 0.00 0 0.00 47,140 315.84
DIST TOTAL 47,140 8,019 55,159 315.84 49.24 0 0.00 55,159 365.08
CI50PEN FEE - CI50PEN FEE
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2011 2011 0 8,019 8,019 0.00 4.93 0 0.00 8,019 4.93
DIST TOTAL 0 8,019 8,019 0.00 4.93 0 0.00 8,019 4.93
FIREADVLTAX - Fire District Tax
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 35,332 102,626 137,958 3.53 10.26 0 0.00 137,958 13.79
DIST TOTAL 35,332 102,626 137,958 3.53 10.26 0 0.00 137,958 13.79
FIREPEN FEE - Fire LateList
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 12,154 12,154 0.00 0.12 0 0.00 12,154 0.12
DIST TOTAL 0 12,154 12,154 0.00 0.12 0 0.00 12,154 0.12
GRAND TOTALS:164,944 284,056 449,000 896.67 939.50 0 0.00 449,000 1,836.17
RUN DATE: 11/7/2018 4:31 PM RELEASES REPORT
Person County
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Payee NameAddress 3 Refund Type Refund Reason Create Date Tax JurisdictionLevy Type Total Change01Tax ($6.84)$6.8401Tax ($43.58)$43.5801Tax ($4.48)$4.4801Tax ($23.94)$23.9401Tax ($56.86)$56.8601Tax ($6.48)60Tax ($0.09)$6.5701Tax ($40.66)$40.6601Tax ($26.86)$26.8601Tax ($21.38)50Tax ($20.47)50 Vehicle Fee $0.00$41.8501Tax ($24.48)$24.4801Tax ($34.74)$34.7401Tax ($33.37)50Tax ($31.93)50 Vehicle Fee $0.00$65.3001Tax ($5.63)50Tax ($5.39)50 Vehicle Fee $0.00$11.02JOHNSON, NELSON WOOD ROXBORO, NC 27573 Adjustment < $100Over Assessment 10/30/2018JACKSON, WILLIAM LEE ROXBORO, NC 27573 Proration Vehicle Sold 10/15/2018HUGHES, ANTOINETTE CHAQUITTA SEMORA, NC 27343 Proration Vehicle Sold 10/18/2018HUFF, SUSAN SMITH SEMORA, NC 27343 Proration Vehicle Totalled 10/26/2018HOWERTON, HUEL HARRIS ROXBORO, NC 27573 Proration Vehicle Totalled 10/22/2018HAMIL, EARL JAY II ROXBORO, NC 27574 Proration Vehicle Sold 10/22/2018DAVIS, ISAAC CHRISTOPHER ROXBORO, NC 27574 Proration Vehicle Sold 10/19/2018CREASY, SUSAN BLUME ROXBORO, NC 27574 Proration Vehicle Sold 10/15/2018CORBUSIER TOWNSEND, CAROL ANN HURDLE MILLS, NC 27541Proration Vehicle Sold 10/23/2018CLAYTON, GERALD REAMS ROXBORO, NC 27574 Proration Vehicle Sold 10/18/2018CARVER, TRAVIS GLENN ROXBORO, NC 27574 Proration Vehicle Sold 11/02/2018CARVER, ROCKY DEAN ROXBORO, NC 27574 Proration Vehicle Totalled 10/19/2018BELL, JOY CATRETT ROXBORO, NC 27574 Proration Vehicle Sold 10/16/201881
Payee NameAddress 3 Refund Type Refund Reason Create Date Tax JurisdictionLevy Type Total Change01Tax $0.0050Tax ($93.79)50 Vehicle Fee ($20.00)60Tax $1.40$112.3901Tax ($98.49)$98.4901Tax ($29.80)50Tax ($28.52)50 Vehicle Fee $0.00$58.3201Tax ($14.65)$14.6501Tax ($43.77)$43.7701Tax ($57.17)$57.1701Tax ($28.70)$28.7001Tax ($8.59)$8.5901Tax ($3.24)50Tax ($3.10)50 Vehicle Fee $0.00$6.3401Tax ($4.67)$4.6701Tax ($31.97)$31.9701Tax ($7.64)$7.6401Tax ($48.02)60Tax ($0.69)$48.7101Tax ($37.33)$37.33WOMACK, ESTELLA LOUISE ROXBORO, NC 27574 Proration Vehicle Sold 10/15/2018WHELTON, JAMIE CARROLL ROXBORO, NC 27574 Proration Vehicle Totalled 10/22/2018WATKINS, WINTER DESIREE CHASE CITY, VA 23924 Proration Vehicle Totalled 10/22/2018TOLIN, JAMES WORTH JR ROXBORO, NC 27573 Proration Vehicle Sold 10/18/2018STREET, ANTHONY LEE ROXBORO, NC 27574 Proration Vehicle Totalled 10/19/2018SANFORD, CHRISTA MICHELE ROXBORO, NC 27573 Proration Vehicle Sold 10/26/2018POWELL, WILLIAM RUSSELL ROXBORO, NC 27574 Proration Vehicle Totalled 10/17/2018ONEAL, ELTON LYLE ROXBORO, NC 27574 Proration Vehicle Sold 10/18/2018OAKLEY, CHARLIE MORRIS JR SEMORA, NC 27343 Proration Vehicle Sold 10/18/2018NEWTON, CAROL GASQUE ROXBORO, NC 27573 Proration Vehicle Totalled 10/29/2018MUNDY, STEPHANIE ANNE TIMBERLAKE, NC 27583 Proration Vehicle Totalled 10/22/2018MORTON, CAPRICIA LYNN ROXBORO, NC 27573 Proration Vehicle Sold 11/02/2018MCKELLAR, MAURICE SR ROXBORO, NC 27573 Proration Vehicle Sold 10/22/2018KEETON, RACHEL LEAH SEMORA, NC 27343Adjustment >= $100Situs error 10/29/201882
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AGENDA ABSTRACT
Meeting Date: November 19, 2018
Agenda Title: Resolution requesting maintenance abandonment by the North Carolina
Department of Transportation (NCDOT) of approximately the last 400 feet of roadway of SR 1370
Glennie Irvine Road by Michael and Tanya Lunsford
Summary of Information: The applicants, Michael and Tanya Lunsford, are requesting that
NCDOT abandon the maintenance of roadway of approximately the last 400 feet of Glennie Irvine
Road. They own the property on both sides of the road for the last 400 feet and have stated that if
the request is approved, they will install a gravel area to allow vehicles to turn around. Michael
Lunsford has stated that he is making the request for the following reasons:
I am requesting this change in order to install a gate on Glennie Irvin Road to control
access to the property. This property has basically been abandoned for the past 4 years
and folks have come and gone as they please and fished the existing pond completely out.
I have placed No Trespassing signs and they have had little if any effect on the folks coming
onto the land. I have made a large investment on the structures and pond in order to enjoy
the property with my family and I would like to protect that investment.
NCDOT has informed the applicant that he must include a resolution from the county indicating
the desire to abandon the maintenance of the right-of-way along with his application. The
resolution will be included along with the application and NCDOT’s recommendation on the
maintenance abandonment to the state Board of Transportation. The NC Board of Transportation
will render the final decision on the maintenance abandonment of the last 400 feet of Glennie
Irvine Road.
Recommended Action: Vote to approve, approve with modifications, or deny the resolution.
Submitted By: Lori Oakley, Planning Director
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RESOLUTION REQUESTING MAINTENANCE ABANDONMENT
OF A PORTION OF SECONDARY ROAD 1370 GLENNIE IRVINE ROAD
WHEREAS, Michael S. and Tanya B. Lunsford do hereby own land on both sides of the road
of SR 1370 Glennie Irvine Road for the last four hundred linear feet (400’) of roadway;
AND WHEREAS, Michael S. and Tanya B. Lunsford, the property owners on both sides of the
road have requested the North Carolina Department of Transportation maintenance to be shortened by
approximately 400 feet of linear roadway to a location as determined by the North Carolina Department
of Transportation;
AND WHEREAS, the abandonment of state maintenance of that portion of SR 1370 is
exclusively adjacent to Michael S. and Tanya B. Lunsford’s property;
AND WHEREAS, Michael S. and Tanya B. Lunsford shall provide a gravel area to the same
minimum dimensions as is currently provided at the existing end of state maintenance to allow vehicles
to turn around;
AND WHEREAS, as shown on the scale drawing attached as Exhibit 1, the portion of the road
for which abandonment of state maintenance is sought serves no public purpose.
NOW THEREFORE, BE IT RESOLVED that the best interests of the people of Person County
will be served by the abandonment of state maintenance of a portion of SR 1370 by approximately 400
feet of linear roadway that is described in the exhibits attached hereto;
AND BE IT FURTHER RESOLVED that the Board of Transportation is hereby requested,
pursuant to G.S. 136-63, to abandon the maintenance of a portion of SR 1370 that is described in the
exhibits.
Adopted this the 19th day of November, 2018.
PERSON COUNTY BOARD OF COMMISSIONERS
Tracey Kendrick, Chairman
Attest:
Brenda B. Reaves, Clerk to the Board
96
UV157
UV57
UV49
DurhamOrangeDurhamPersonOrangePersonCaswellPerson GranvillePerson£¤501
£¤158
A13 42
A13 42
A13 13
A13 78
A13 41
A13 18
A13 18
A13 159
A13 8 A13 8
400 ft of Glennie Irvin Rd
Tax Parcels
Access Easement
Highway
Major Road
Local
0 0.02 0.04
Miles
Map Produced by Person Co. GIS, 29 Oct 2018
Exhibit 1:Michael and Tanya LunsfordGlennie Irvin RdNC DOT Maintenance Abandonment RequestGle
n
n
i
e
I
r
v
i
n
R
d
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AGENDA ABSTRACT
Meeting Date: November 19, 2018
Agenda Title: Consideration of Approval of Late Exemption Applications
Summary of Information:
Every year, the tax office receives applications for the Senior, Disabled, Veteran, and Circuit
Breaker exemptions that fail to meet the June 1st deadline.
In an effort to help inform the public of these exemptions, the tax office mailed information
along with our listing forms to 6,033 citizens. We updated our brochures for all three exemption
programs which made these programs easier to understand, and passed out over 500 copies. We
also included information about these exemptions on the county web site that also included
access to an on-line application form. Application information was published in the local
newspaper. A final effort included mailing 10,635 postcards to all property owners that did not
receive a listing form that reminded all citizens of the upcoming tax deadlines.
These efforts resulted in 120 new applications, with 80 approved applications, 28 denied
applications (14 were over the income limit, 11 did not complete application, and 3 were not
their primary residence) and 8 late applications.
The 8 late applications that are submitted for your review would have been approved if they had
been received by the tax office by June 1st. These applications met all requirements, however
since these were late, they could not be approved by the tax office.
The Board of Commissioners may approve late applications if they are received by December
31st. Since these applications met all guidelines (other than the application deadline), I would
recommend approval.
I have included a spreadsheet that outlines the tax impact and the reasons for the late
applications. I have not included the applications since they include social security numbers,
medical, and income information.
Currently, we have 776 (increased by 51 properties since 2017) properties that are receiving
benefit from these exemptions, which does not include the 8 applications that are submitted for
approval today.
Recommended Action: Approve applications if appropriate
Submitted By: Russell Jones, Tax Administrator
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TaxpayerApplicationApplication DateReason for Late ApplicationMapTax ValueCounty BillFire BillCity BillTotal BillTax ValueCounty BillFire BillCity BillNew BillSavingsEily, Frederick & MiaVeteran11/1/2018Waiting on VA128 73267,3601,871.5226.741,898.26222,3601,556.5222.241,578.76319.50Renfrow, PaulElderly10/27/2018IllnessA43 3899,996699.9710.00709.9753,199372.395.32377.71332.26Smith, Robert & Haslitt, TerriDisabled10/13/2018Unaware of programA5 5477,977545.847.80553.6440,599284.194.06288.25265.38Jackson, OpheliaElderly9/17/2018Did not know deadline79 2168,084476.596.81483.4034,042238.293.40241.70241.70Roques, Rolando & MarthaElderly7/31/2018Out of country68 90167,3191,171.2316.731,187.9684,345590.428.43598.85589.12Tillman, EdytheVeteran7/17/2018Waiting on VAA40 328102,489717.4210.25727.6757,489402.425.75408.17319.50Oakley, RichardDisabled11/7/2018Unaware of program88 1 122,079154.552.21156.7600.000.000.00156.76West, Timothy WayneDisabled8/31/2017Did not know deadlineA64 52488,391618.748.84627.5849,238344.674.92349.59277.996,255.8789.370.006,345.233,788.9054.130.003,843.032,502.20Total County Tax Saving to Taxpayer2,466.96Total Fire Tax Saving to Taxpayer35.24Total City Tax Saving to Taxpayer0.00Total Saving To Taxpayer2,502.20Before ExemptionAfter Exemption99
AGENDA ABSTRACT
Meeting Date: November 19, 2018
Agenda Title: Land Acquisition for Stormwater Regulation Compliance
Summary of Information: The Board met in closed session on July 2, 2018 to discuss a possible solution
for exceeding the impervious surface limits of the Stormwater Regulations in the Stories Creek Watershed.
After a paving project for the General Services Grounds Maintenance Building and Animal Services, the
county exceeded the 24% impervious limit. The current property did not have sufficient room for a
stormwater management system so the engineering consultant recommended purchasing an additional two
acres of land adjacent to the county’s current property.
The county reached an agreement with private landowners to purchase 2.07 acres at a purchase price of
$10,000 per acre, adjacent to Animal Services. Survey work and legal services have been completed for a
total price of $24,846.24. Once the purchase agreement is executed, the county will be in compliance with
the impervious surface requirements.
Recommended Action: Authorize the County Manager to execute the purchase agreement for an additional
2.07 acres from the current landowners and appropriate contingency funds in the amount of $24,846.24 to
be expensed from the General Services Department.
Submitted By: Heidi York, County Manager
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