Agenda Packet May 1 2017PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
May 1, 2017
7:00pm
CALL TO ORDER………………………………………………. Chairman Kendrick
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
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.
ITEM #1
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Budget Amendment #19
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NEW BUSINESS:
ITEM #2
Second Reading to Consider Adoption of the Application for
Solid Waste Disposal Franchise Ordinance for the Upper
Piedmont Regional Landfill owned and operated by
Republic Services of NC LLC …………………………………… Chairman Kendrick
ITEM #3
Person County Juvenile Crime Prevention Council Funding
Recommendations for FY2017-2018 …………......................................... David Carter
ITEM #4
Fiscal Year 2017-2018 Preliminary Discussion ……………….. Commissioner Jeffers
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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5/1/2017
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 3,515
REVENUES General Fund
Charges for Services 3,515
EXPENDITURES Person Industries & MRF Fund
Material Recovery Facility 2,000
REVENUES Person Industries & MRF Fund
Intergovernmental 2,000
EXPENDITURES Senior Center Capital Project Fund (2,150,330)
REVENUES Senior Center Capital Project Fund
Debt Financing Proceeds (2,161,850)
Interest 3,500
Other Revenues 8,020
Explanation:
BUDGET AMENDMENT
Receipt of Spay and Neuter reimbursement for Animal Services ($3,515); receipt of NC DENR Grant for Person
Industries ($2,000); and revision of Senior Center Capital Project Fund to reflect final budget after loan closing on
April 20, 2017 (-$2,150,330).
BA-19 3
AGENDA ABSTRACT
Meeting Date: May 1, 2017
Agenda Title: Second Reading to Consider Adoption of the Application for Solid Waste
Disposal Franchise Ordinance for the Upper Piedmont Regional Landfill owned and
operated by Republic Services of NC LLC
Summary of Information: Republic Services submitted an application for a Solid Waste
Disposal Franchise Ordinance for the operation of Upper Piedmont Regional Landfill for
a proposed term of ten years.
As required by law, a public hearing was held on April 3, 2017. The Board considered
the application for the first reading at its April 17, 2017 meeting. By unanimous vote, the
Board approved a motion to extend the franchise agreement with Republic Industries for
a period of not more than two years maintaining the current per day tonnage rate and the
county staff submit options for closure of the landfill during this period, and that to
include proper procedures, legal requirements, and costs of implementing each option for
consideration by the Board. The attached draft Franchise Ordinance reflect this newly
proposed term.
General Statute 153A-46 requires two separate votes at two regular meetings of the
Board of Commissioners to enact the solid waste franchise.
Recommended Action: Review the application for the Solid Waste Disposal Franchise
Ordinance for its second reading and call a vote by the Board.
Submitted By: Chairman Kendrick
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2017 SOLID WASTE DISPOSAL FRANCHISE ORDINANCE
PERSON COUNTY, NORTH CAROLINA
ARTICLE I
SECTION 1.0- AUTHORITY AND ENACTMENT CLAUSE
Pursuant to the authority conferred by North Carolina General Statute § 153A-136(a)(3),
THE BOARD OF COUNTY COMMISSIONERS OF PERSON COUNTY, NORTH
CAROLINA DOES HEREBY ORDAIN AND ENACT INTO LAW THE FOLLOWING
ARTICLES AND SECTIONS:
SECTION 1.1 -PURPOSE
This 2017 Franchise Ordinance is enacted to promote and protect the health, safety and
welfare of the citizens of Person County. It is the intention of the Board of County
Commissioners that the provisions of this 2017 Franchise Ordinance will encourage the
establishment and continuance of a secure, safe, and economical system of solid waste disposal
in the County that will comply with state and federal laws regulating such disposal. It is the
further intention of the Board of County Commissioners that this 2017 Franchise Ordinance has
the effect of updating prior Person County solid waste disposal franchise ordinances first
effective on August 7, 1995 (hereinafter "1995 Franchise Ordinance"), and later amended as
effective on October 19, 2009 (hereinafter "2009 Franchise Ordinance") (collectively, the "Prior
Franchise Ordinances") only so far as it is necessary to: (a) comply with federal and state
statutory and regulatory changes enacted subsequent to adoption of the Prior Franchise
Ordinances; (b) reflect changes in the Facility Plan that have occurred since passage of the Prior
Franchise Ordinances; and (c) extend the term of the 2009 Franchise Ordinance for a period of
two (2) years. This 2017 Franchise Ordinance shall not have the effect of amending,
invalidating or repealing any portion of the agreement entered into by and between Person
County and Upper Piedmont Environmental, Inc. (now Republic Services of North Carolina,
LLC d.b.a. Upper Piedmont Environmental ("Republic")) dated August 7, 1995, or any
subsequent amendments or agreements between Person County and Republic.
ARTICLE II
SECTION 2.0- TITLE
This 2017 Franchise Ordinance shall be known and may be cited as the 2017
Person County Solid Waste Disposal Franchise Ordinance.
ARTICLE III
SECTION 3.0- GRANT OF MUNICIPAL SOLID WASTE LANDFILL FRANCHISE
To enable secure, safe and economical disposal of solid waste in Person County,
Republic is granted an exclusive franchise to operate in Person County a municipal solid waste
management facility as defined in North Carolina General Statute§ 130A-290(18b) (referred to
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herein as the "Landfill" or "municipal solid waste landfill") for a period through and including
June 30, 2019, which is two (2) years from the date this 2017 Franchise Ordinance becomes
effective, on June 30, 2017. No other person or entity may operate a municipal solid waste
landfill in Person County during this period.
SECTION 3.1 -DESCRIPTION OF MUNICIPAL SOLID WASTE LANDFILL
The Landfill consists of 479.69 acres, located in the Tirzah Township approximately ten (10)
miles east-southeast of Roxboro, North Carolina at the intersection of North Carolina Highway
158 and SR 1724 near the Person County/Granville County line. The legal description, deed
book references and plat book references for the Landfill are provided on Exhibit A and
incorporated herein by reference. The boundary and cells of the Landfill are depicted on Exhibit
B and incorporated herein by reference.
SECTION 3.2- DESCRIPTION OF FRANCHISE
3.2.1 Population and Geographical Area Served. The geographical area served by the Landfill
is the incorporated and unincorporated areas of any County and Independent Virginia
City that are partly or wholly within sixty (60) miles of the political boundary of Person
County. Counties within this geographical area are the North Carolina counties of
Alamance, Caswell, Chatham, Davidson, Durham, Edgecombe, Forsyth, Franklin,
Granville, Guilford, Halifax, Harnett, Johnston, Lee, Moore, Nash, Northampton,
Orange, Person, Randolph, Rockingham, Stokes, Vance, Wake, Warren, and Wilson, and
the Virginia counties of Patrick, Henry, Halifax, Mecklenburg, Brunswick, Greensville,
Franklin, Bedford, Campbell, Charlotte, Lunenburg, Amherst, Appomattox, Buckingham,
Cumberland, Prince Edward, Nottoway, Pittsylvania and Dinwiddie. However, it is
expressly provided herein that the Landfill shall not accept waste collected by the Cities
of Durham and Raleigh, North Carolina without the consent of the Board of County
Commissioners. Independent Virginia Cities within this geographical area are
Lynchburg, Danville and Martinsville. The population to be served shall be all persons
and entities within the above geographical area, including residential, municipal,
industrial, institutional and commercial customers and contractors.
3.2.2 Volume and Characteristic of Waste Stream. The volume of waste in the Landfill is
approximately 5,521,772 cubic yards. The remaining capacity of the Landfill under the
existing permit is approximately 11,608,228 cubic yards. The average maximum annual
disposal rate is 660 tons per day, 365 days per year, or 240,900 tons per year. The
Landfill accepts municipal solid waste, non-hazardous commercial, industrial and
institutional waste and other non-hazardous special waste types, but shall not accept
waste prohibited from disposal in municipal solid waste landfills by applicable state or
federal environmental law or prohibited by any of the terms and conditions of any state or
federal permits, licenses or approvals obtained with respect to Republic's operation of the
Landfill.
3.2.3 Life Expectancy. The Landfill is expected to have a useful life of approximately 45 years.
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3.2.4 Consistency with Solid Waste Management Plan. To ensure that the operation of the
Landfill is consistent with Person County's solid waste responsibilities set forth in North
Carolina General Statute § 130A-309.09A, Republic accepts municipal solid waste at the
Landfill pursuant to this 2017 Franchise Ordinance and by agreement with the County.
Further, Republic assists Person County in attaining Person County's waste reduction,
reuse and recycling goals by operating a convenience center at the Landfill.
3.2.5 Government Oversight and Regulation of Fees. Person County oversees and regulates
solid waste disposal fees (both residential and commercial) by way of agreement with
Republic. Such tipping fees are a flat, scaled per-ton rate subject to an annual consumer
price index adjustment. This 2017 Franchise Ordinance shall not by its terms impair the
authority of the County to regulate fees as authorized by law. This 2017 Franchise
Ordinance does not, in itself, regulate solid waste disposal fees.
3.2.6 Facility Plan. The Facility Plan for the Landfill is attached to this 2017 Franchise
Ordinance as Exhibit C and meets all requirements of North Carolina General Statute §
130A-294(b I )(2)(t).
3.2.7 Severability. In the event any one or more of the provisions contained in this 2017
Franchise Ordinance is, for any reason, stayed or held to be invalid, illegal,
unconstitutional, or unenforceable in any respect, such invalidity, illegality,
unconstitutionality or unenforceability shall not affect any other provision of this 2017
Franchise Ordinance.
3.2.8 Regulatory Uncertainty. The Board of County Commissioners recognizes that new
statutes and rules are being considered and recently have been adopted regarding
municipal solid waste landfills and solid waste disposal franchises (e.g., North Carolina
General Statute § 130A-294(b I )(2)). The Board of County Commissioners further
recognizes that the recent consideration and adoption of these statutes and rules, and
anticipated future legislative and regulatory action, lead to some uncertainty in the future
of solid waste disposal. The Board of County Commissioners adopts this 2017 Franchise
Ordinance to continue to provide the citizens of Person County with secure, certain, safe
and economical disposal of solid waste during these uncertain times and thereafter, for a
period of two (2) years. If this 2017 Franchise Ordinance is, for any reason, stayed or
held to be invalid, illegal, unconstitutional, or unenforceable in any respect, it is the
intention of the Board of County Commissioners that the 2009 Franchise Ordinance
remain valid and in effect, except that the expiration date of the 2009 Franchise
Ordinance set forth in Section 3.0 of the 2009 Franchise Ordinance will be extended for a
period of one (1) year, through and including June 30, 2018, and for one (1) year
thereafter unless and until the Board of County Commissioners amends or repeals the
2009 Franchise Ordinance.
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ARTICLE IV
SECTION 4.0- EFFECTIVE DATE
This 2017 Franchise Ordinance shall become effective on June 30, 2017.
Tracey L. Kendrick, Chairman
Person County Board of Commissioners
Brenda B. Reaves
Clerk to the Board
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AGENDA ABSTRACT
Meeting Date: May 1, 2017
Agenda Title: Person County Juvenile Crime Prevention Council Funding Recommendations
for FY2017-2018
Summary of Information:
Each year, funding is made available through the North Carolina Department of Public Safety / Division
of Juvenile Justice to Person County and its Juvenile Crime Prevention Council (JCPC) to be utilized to
address the needs of youth at-risk for delinquency as well as adjudicated undisciplined and delinquent
youth in Person County. The funding comes in the form of a county allocation. All 100 counties in the
State of North Carolina are allocated funds based on the population of youth in the county between the
ages of 10 and 17.
Annually, the JCPC Board conducts a planning process, which includes an array of legislated tasks: a
review of the community risk factors and the risk levels of youth in the community; an assessment of the
needs of the target populations; a review of the service resources available to address those needs; the
identification of service gaps; and the strategic development of a plan to structure a seamless continuum
of service programming to address the target population needs. As part of the development of the needed
services identified in the continuum, there is a Request for Proposal (RFP) process that is completed by
the JCPC Board. Non-profits and government entities may apply for the opportunity to provide services
per the guidelines of the RFP. The JCPC Board reviews all requests and awards are made to service
providers to address service needs identified by the JCPC Board. The JCPC Board makes its
recommendation of expenditures of the allocation and presents its written annual planning documents to
the Person County Board of County Commissioners for its approval. The JCPC Board performs this
function as an extension of the Board of County Commissioners in its fulfillment of the legislated duties
imposed upon them through general statute.
Additionally, on an on-going basis, the JCPC evaluates the performance of its funded programs by
annually monitoring each program through on-site visits and also monthly through program reporting at
the local, monthly JCPC meetings. The JCPC is also charged with the tasks of increasing public
awareness of the causes of delinquency, addressing strategies to intervene and appropriately responding
to and treating the needs of juveniles while at the same time reducing juvenile recidivism. The JCPC
stands ready to respond to the changing needs of youth and service delivery in the community.
Recommended Action:
Adopt the JCPC funding grid.
Submitted By: David Carter, JCPC Chair
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$52,310 Rate:20%
OTHER OTHER
# Program Provider DPS-JCPC
Funding
County Cash
Match
Local Cash
Match
Local In-
Kind
State/
Federal
Funds Total
% Non
DPS-JCPC
Program
Revenues
1 YES Community Service $52,781 $10,557 $2,650 $65,988 20%
2
Roots & Wings Parenting,Skill Building, Teen Court
Programs $57,650 $11,530 $69,180 17%
3 Sherrif's Great Camp $6,667 $1,333 $26,240 $34,240 81%
4 Administration Funding $6,115 $6,115
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6
7
8
9
10
11
12
13
14
15
16
17
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TOTALS:$123,213 $23,420 $28,890 $175,523 30%
County
2017-2018 .
Amount of Unallocated Funds
Amount of funds reverted back to DPS Chairperson, Juvenile Crime Prevention Council (Date)
Discretionary Funds added
check type initial plan update final
Chairperson, Board of County Commissioners (Date)
or County Finance Officer
Reviewed by_____________________________________
Area Consultant Date
Reviewed by_____________________________________
Program Assistant Date
Verified by_____________________________________
Designated State Office Staff Date ver 03/04/2016
Person County
NC DPS - Community Programs - County Funding Plan
Available Funds: $$123,213 Local Match: $
DPS JCPC funds must be committed with a Program Agreement submitted in NC Allies and electronically signed by authorized officials.
LOCAL FUNDING
The above plan was derived through a planning process by the Person
Juvenile Crime Prevention Council and represents the County’s Plan for use of these funds in FY
-----DPS Use Only-----
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AGENDA ABSTRACT
Meeting Date: May 1, 2017
Agenda Title: Fiscal Year 2017-2018 Preliminary Discussion
Summary of Information:
The County Manager will propose a Recommended Budget for Fiscal Year 2017-2018 at the May
15th Board Meeting. She has been in discussions with the County Commissioners since receiving
some direction during the Board Retreat back in early February.
Commissioner Jeffers has asked for further discussion on Board’s priorities for funding.
Recommended Action: No action required.
Submitted By: Commissioner Ray Jeffers
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