Agenda Packet October 16 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
October 16, 2017
9:00am
CALL TO ORDER………………………………………………. Chairman Kendrick
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION:
ITEM #1
Resolution of Appreciation ………………………………………. Chairman Kendrick
County Retiree, Elaine Hughes
ITEM #2
PUBLIC HEARING:
FY2019 Community Transportation Program Grant Application ….. Kathy Adcock
ITEM #3
Consideration to Grant or Deny Request for FY2019
Community Transportation Program Grant Application …….. Chairman Kendrick
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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 #4
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Approval of Minutes of October 2, 2017,
B. Budget Amendment #7,
C. Re-advertisement of fiber RFP, and
D. Tax Adjustments for the month of October 2017
a. Tax Releases
b. NC Vehicle Tax System pending refunds
UNFINISHED BUSINESS:
ITEM #5
Additional Mental Health Funding …………………………………………. Sybil Tate
NEW BUSINESS:
ITEM #6
Sale of “Old Senior Center” surplus property ……………………….….. Sybil Tate
ITEM #7
Impact of New Legislation on Person County Solid Waste ……………... Ron Aycock
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
A motion to enter Closed Session per General Statute 143-318.11(a) (3) to consult
with an attorney and General Statute 143-318.11(a) (5) to establish, or to instruct
the public body's staff or negotiating agents concerning the position to be taken by
or on behalf of the public body in negotiating the price and other material terms of a
contract with the following individuals permitted to attend: County Manager, Heidi
York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and
Assistant County Manager, Sybil Tate.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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RESOLUTION OF APPRECIATION
WHEREAS, Elaine Hughes has served the people of Person County
during her tenure as a Processing Unit Supervisor at the
Department of Social Services; and
WHEREAS, Elaine Hughes has served the citizens of Person County
with honor, integrity, sincerity and dedication, providing
accurate, concise services for eight years, October 2009 –
September 2017; and
WHEREAS, Elaine Hughes has earned the respect and admiration of
all who have known her and worked with her throughout
her career; and
WHEREAS, the County of Person recognizes the many contributions
Elaine Hughes has made to the County and offers her
sincere best wishes for her retirement.
NOW, THEREFORE, I, Tracey L. Kendrick, Chairman of the Person County
Board of Commissioners, do hereby extend this Resolution of Appreciation
to Elaine Hughes for continually striving to make Roxboro and Person
County a better place to live and work.
Adopted this, the 16th day of October, 2017.
____________________________________
Tracey L. Kendrick, Chairman
Person County Board of Commissioners
Attest:
____________________________________
Brenda B. Reaves
Clerk to the Board of Commissioners
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PUBLIC HEARING NOTICE
Section 5311 (ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof.
This is to inform the public that a public hearing will be held on the proposed FY2019 Community
Transportation Program Application to be submitted to the North Carolina Department of Transportation
no later than November 3, 2017. The public hearing will be held on October 16, 2017 at 9:00am in the
Person County Office Building in Room 215 before the Person County Board of Commissioners.
Those interested in attending the public hearing and needing either auxiliary aids or services under the
Americans with Disabilities Act (ADA) or a language translator should contact Kathy Adcock, Transit
Manager on or before October 11, 2017, at telephone number (336) 597-1771 or via email at
kadcock@personcounty.net.
The Community Transportation Program 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,
subscriptions and trip referrals. Services are rendered by utilizing ADA vans and Light Transit Vehicles.
The total estimated amount requested for the period July 1, 2018 through June 30, 2019)
Project
Total Amount Local Share
Administrative $ 189,504 $ 28,426 (15%)
Capital (Vehicles & Other) $ 121,000 $ 12,100
(10%)
TOTAL PROJECT
FUNDING REQUEST
$ 310,504 $149,526
This application may be inspected at PATS Office, 341 S. Madison Blvd., Roxboro, NC 27573 from
8:30am to 5:00pm, Monday -Friday. Written comments should be directed to Brenda Reaves at 304 S.
Morgan St., Rm 212, Roxboro, NC 27573 before October 11, 2017.
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AGENDA ABSTRACT
Meeting Date: October 16, 2017
Agenda Title: FY2019 Community Transportation Program Grant Application
Summary of Information: Public Hearing for the FY2019 Community Transportation Program
Grant Application to the NCDOT for Administration and Capital Budget request for the operation
of the Transportation Department with the assistance of local funds.
Recommended Action: Board approval
Submitted By: Kathy Adcock, Transit Manager
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PUBLIC TRANSPORTATION PROGRAM RESOLUTION
FY 2019 RESOLUTION
Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof.
Applicant seeking permission to apply for Public Transportation Program funding, enter into agreement with the North
Carolina Department of Transportation, provide the necessary assurances and the required local match.
A motion was made by (Board Member’s Name) and seconded by (Board Member’s Name or N/A, if not required) N/A for the
adoption of the following resolution, and upon being put to a vote was duly adopted.
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina
have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for
administering federal and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of
Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to
provide assistance for rural public transportation projects; and
WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the
provision of rural, small urban, and urban public transportation services consistent with the policy requirements of
each funding source for planning, community and agency involvement, service design, service alternatives,
training and conference participation, reporting and other requirements (drug and alcohol testing policy and
program, disadvantaged business enterprise program, and fully allocated costs analysis); and
WHEREAS, the funds applied for may be Administrative, Operating, Planning, or Capital funds and will have
different percentages of federal, state, and local funds.
WHEREAS, non-Community Transportation applicants may apply for funding for “purchase-of-service” projects
under the Section 5310 program.
WHEREAS, (Legal Name of Applicant) Person County hereby assures and certifies that it will provide the required
local matching funds; that its staff has the technical capacity to implement and manage the project(s), prepare
required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal
and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements
related to the applications made to and grants received from the Federal Transit Administration, as well as the
provisions of Section 1001 of Title 18, U. S. C.
WHEREAS, the applicant has or will provide all annual certifications and assurances to the
State of North Carolina required for the project;
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NOW, THEREFORE, be it resolved that the (Authorized Official’s Title)* County Manager of (Name of Applicant’s Governing Body)
Person County Board of Commissioners is hereby authorized to submit grant application (s) for federal and state funding
in response to NCDOT’s calls for projects, make the necessary assurances and certifications and be empowered to enter
into an agreement with the NCDOT to provide rural, small urban, and urban public transportation services.
I (Certifying Official’s Name)* Brenda B. Reaves (Certifying Official’s Title) Clerk to the Board of Commissioners do hereby certify
that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applicant’s Governing
Board) Person County Board of Commissioners duly held on the 16th day of October, 2017.
Signature of Certifying Official
*Note that the authorized official, certifying official, and notary public should be three separate individuals.
Seal Subscribed and sworn to me (date)
Notary Public *
Printed Name and Address
My commission expires (date)
Affix Notary Seal Here
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LOCAL SHARE CERTIFICATION FOR FUNDING
PERSON COUNTY
Requested Funding Amounts
Project Total Amount Local Share______
Administrative $ 189,504 $ 28,426 (15%)
5311 Operating (No State Match) $ $ (50%)
5310 Operating (No State Match) $ $ (50%)
5307 Operating $ $ (50%)
5307 Planning $ $ (20%)
Capital $ 121,000 $ 12,100 (10%)
Mobility Management $ $ (10%)
__________________ $ $ (__%)
__________________ $ $ (__%)
__________________ $ $ (__%)
Funding programs covered are 5311, 5310, 5339 Bus and Bus Facilities, 5307 (Small fixed route, regional, and
consolidated urban-rural systems)
TOTAL $ 310,504 $ 40,526
Total Funding Requests Total Local Share
The Local Share is available from the following sources:
Source of Funds Grant Applied To Amount
Local funds $ 40,526
$
$
$
$
$
$
$
TOTAL $ 40,526
** Fare box revenue is not an applicable source for local share funding
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FY 2019 Local Share Certificate (page 2)
I, the undersigned representing (Legal Name of Applicant) Person County do hereby certify to
the North Carolina Department of Transportation, that the required local funds for the FY2019
Community Transportation Program and 5307 Governors Apportionment will be available as of
July 1, 2018, which has a period of performance of July 1, 2018 – June 30, 2019.
_________________________________________
Signature of Authorized Official
Heidi York, Person County Manager
Type Name and Title of Authorized Official
October 16, 2017
Date
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October 2, 2017
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 2, 2017
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 2, 2017 at 7:00pm in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Kendrick called the meeting to order. Vice Chairman Powell gave an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Kendrick requested the Board to add an item to the agenda for the sale
of surplus property. He also requested Board consideration in the agenda approval motion
for the County to lower its flags in response to the shooting in Las Vegas being consistent
with state and federal guidelines.
A motion was made by Commissioner Jeffers and carried 5-0 to add an item to
the agenda for the sale of surplus property and to approve the agenda as adjusted as well
as for County flags to be lowered consistent with state and federal guidelines.
RECOGNITION:
PROCLAMATION FOR RACE UNITY WEEK:
Chairman Kendrick read and presented a Race Unity Week Proclamation to
members of the Brothers and Sisters in Conversations Committee, present in the audience,
Charles Bullock, Rachel Winstead Warren, Maxine Galloway, and Ronnie Dunevant.
On behalf of the group, Mr. Bullock gave a handout to the Clerk to the Board for
distribution to the Board of Commissioners outlining the activities scheduled for Person
County’s Race Unity Week October 8 – 15, 2017.
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PUBLIC HEARING:
TEXT AMENDMENT (TA-01-17) REQUEST BY KEVIN MOORE TO ADD
DISTILLERY/BREWERY TO THE PERSON COUNTY ZONING ORDINANCE
APPENDIX C - TABLE OF USES AND ALSO ADD A DEFINITION OF
DISTILLERY/BREWERY TO APPENDIX B – DEFINITIONS:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a Text Amendment (TA-01-17) Request by Kevin Moore to
add Distillery/Brewery to the Person County Zoning Ordinance Appendix C - Table of Uses
and also add a definition of Distillery/Brewery to Appendix B – Definitions.
Planning Director, Lori Oakley stated all zoning ordinances and state statutes have
been met for this public hearing. She said the applicant, Kevin Moore, came to the Planning
Office to discuss opening a distillery at his current winery. Ms. Oakley noted the Zoning
Ordinance as currently written does not address the proposed distillery use thus the reason
for the text amendment request brought before the Board of Commissioners.
Ms. Oakley gave the group the following presentation for the Text Amendment
(TA-01-17) Request by Kevin Moore to add Distillery/Brewery to the Person County
Zoning Ordinance Appendix C - Table of Uses and also add a definition of
Distillery/Brewery to Appendix B – Definitions:
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Ms. Oakley stated the Board could include its statement of reasonableness and
consistency in its motion or by separate motion.
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Speaking in favor of the Text Amendment (TA-01-17) Request by Kevin Moore to
add Distillery/Brewery to the Person County Zoning Ordinance Appendix C - Table of Uses
and also add a definition of Distillery/Brewery to Appendix B – Definitions was the
following:
Mr. Kevin Moore of 250 Charlie Long Road, Hurdle Mills, and the applicant
requesting the Text Amendment before the Board, stated he was available for questions.
There were no individuals appearing before the Board to speak in opposition to the
Text Amendment (TA-01-17) Request by Kevin Moore to add Distillery/Brewery to the
Person County Zoning Ordinance Appendix C - Table of Uses and also add a definition of
Distillery/Brewery to Appendix B – Definitions.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Text Amendment (TA-01-17) Request by Kevin Moore to add
Distillery/Brewery to the Person County Zoning Ordinance Appendix C - Table of Uses
and also add a definition of Distillery/Brewery to Appendix B – Definitions.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A TEXT
AMENDMENT (TA-01-17) BY KEVIN MOORE TO ADD
DISTILLERY/BREWERY TO THE PERSON COUNTY ZONING ORDINANCE
APPENDIX C - TABLE OF USES AND ALSO ADD A DEFINITION OF
DISTILLERY/BREWERY TO APPENDIX B – DEFINITIONS.
Commissioner Jeffers asked if the applicant was pursuing a brewery or a distillery.
Mr. Moore stated ten years ago, the Board approved a permit for the winery. Mr. Moore
noted their plans were to pursue the distillery business with no immediate plan for a
brewery at this time. He further noted he requested the brewery text amendment as a
potential future use.
A motion was made by Commissioner Clayton and carried 5-0 to approve the
Text Amendment (TA-01-17) Request by Kevin Moore to add Distillery/Brewery to the
Person County Zoning Ordinance Appendix C - Table of Uses and also add a definition of
Distillery/Brewery to Appendix B – Definitions as recommended by the Planning Board.
A motion was made by Commissioner Clayton and carried 5-0 approved its
statement that the Text Amendment (TA-01-17) Request by Kevin Moore to add
Distillery/Brewery to the Person County Zoning Ordinance Appendix C - Table of Uses
and also add a definition of Distillery/Brewery to Appendix B – Definitions as
recommended by the Planning Board was reasonable and consistent.
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PUBLIC HEARING:
SPECIAL USE PERMIT (SUP-03-17) REQUEST BY KEVIN MOORE, ON
BEHALF OF PROPERTY OWNERS, KEVIN AND KIMBERLY MOORE, TO
OPERATE A DISTILLERY/BREWERY ON 9.84 ACRES LOCATED AT 1890
CHARLIE LONG ROAD (TAX MAP & PARCEL A31-172) IN THE
RESIDENTIAL ZONING DISTRICT:
A motion was made by Commissioner Clayton and carried 5-0 to open the duly
advertised public hearing for a Special Use Permit (SUP-03-17) Request by Kevin Moore,
on behalf of property owners, Kevin and Kimberly Moore, to operate a Distillery/Brewery
on 9.84 acres located at 1890 Charlie Long Road (Tax Map & Parcel A31-172) in the
Residential Zoning District.
The public hearing set to hear a request by Kevin Moore, on behalf of property
owners, Kevin and Kimberly Moore, for a Special Use Permit to operate a
Distillery/Brewery on 9.84 acres located at 1890 Charlie Long Road (Tax Map & Parcel
A31-172) in the 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 and Kevin Moore.
Planning Director, Lori Oakley stated all zoning ordinances and state statutes have
been met for this public hearing. She proceeded to give the group the following
presentation:
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Speaking in favor of the Request by Kevin Moore, on behalf of property owners,
Kevin and Kimberly Moore, for a Special Use Permit to operate a Distillery/Brewery on
9.84 acres located at 1890 Charlie Long Road (Tax Map & Parcel A31-172) in the
Residential Zoning District was the following:
Mr. Kevin Moore of 2150 Charlie Long Road, Hurdle Mills, and the applicant
requesting the Special Use Permit, stated he was available for questions.
There were no individuals appearing before the Board to speak in opposition to the
Request by Kevin Moore, on behalf of property owners, Kevin and Kimberly Moore, for a
Special Use Permit to operate a Distillery/Brewery on 9.84 acres located at 1890 Charlie
Long Road (Tax Map & Parcel A31-172) in the Residential Zoning District.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Special Use Permit (SUP-03-17) Request by Kevin Moore, on behalf of
property owners, Kevin and Kimberly Moore, to operate a Distillery/Brewery on 9.84 acres
located at 1890 Charlie Long Road (Tax Map & Parcel A31-172) in the Residential Zoning
District.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A SPECIAL USE
PERMIT (SUP-03-17) BY KEVIN MOORE, ON BEHALF OF PROPERTY
OWNERS, KEVIN AND KIMBERLY MOORE, TO OPERATE A
DISTILLERY/BREWERY ON 9.84 ACRES LOCATED AT 1890 CHARLIE LONG
ROAD (TAX MAP & PARCEL A31-172) IN THE RESIDENTIAL ZONING
DISTRICT:
A motion was made by Commissioner Puryear and carried 5-0 to approve a
Special Use Permit (SUP-03-17) Request by Kevin Moore, on behalf of property owners,
Kevin and Kimberly Moore, to operate a Distillery/Brewery on 9.84 acres located at 1890
Charlie Long Road (Tax Map & Parcel A31-172) in the Residential Zoning District as
recommended by the Planning Board.
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PUBLIC HEARING:
SPECIAL USE PERMIT (SUP-04-17) REQUEST BY PERSON COUNTY
GOVERNMENT, ON BEHALF OF THE BOARD OF COUNTY
COMMISSIONERS, FOR A 270’ TALL SELF-SUPPORTING
TELECOMMUNICATIONS TOWER ON 12.26 ACRES LOCATED AT 7909
BURLINGTON RD. (TAX MAP & PARCEL # A20-79) IN THE RURAL
CONSERVATION ZONING DISTRICT:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a Special Use Permit (SUP-04-17) Request by Person County
Government, on behalf of the Board of County Commissioners, for a 270’ tall self-
supporting telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax
Map & Parcel # A20-79) in the Rural Conservation Zoning District.
The public hearing set to hear a request by Person County Government, on behalf
of the Board of County Commissioners, for Special Use Permit for a 270’ tall self-
supporting telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax
Map & Parcel # A20-79) in the 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, Sybil Tate, John Goins
and Linda Long.
Planning Director, Lori Oakley introduced newly hired County Planner, Caroline
Darnell, who would be presenting this case, SUP-04-17. Ms. Oakley passed out revised
agenda abstracts and staff analysis reports for this case.
Planner, Caroline Darnell stated all zoning ordinances and state statutes have been
met for this public hearing. Ms. Darnell proceeded to share the following presentation:
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Speaking in favor of the Request by Person County Government, on behalf of the
Board of County Commissioners, for a Special Use Permit for a 270’ tall self-supporting
telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax Map &
Parcel # A20-79) in the Rural Conservation Zoning District were the following:
Mr. John Goins of 326 Tryon Road, Raleigh, Engineer of Record for Person
County’s tower projects told the group as noted in the Site Plan, the tower was more than
400 ft. from the right-of-way, sufficient for a fall zone. The tower will be located in the
rear corner of the property. Ms. Darnell added the fall zone would be contained within the
lot.
Ms. Sybil Tate, Assistant County Manager noted she was available for questions
and further noted the project’s primary purpose was for public safety.
Speaking in opposition to the Request by Person County Government, on behalf of
the Board of County Commissioners, for a Special Use Permit for a 270’ tall self-
supporting telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax
Map & Parcel # A20-79) in the Rural Conservation Zoning District was the following:
Ms. Linda P. Long of 1800 Jones Store Road, Roxboro stated she was in shock
when she read state statute; she said the latest she found was 2013 where the Board’s hands
would be tied with this tower and she hoped the Board had read all the things the state
statute was saying as there are things that the Board cannot do and cannot control with this
state statute with building this tower. Ms. Long wanted to make the Board aware of these
things. She proceeded to read the following statement:
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Dear Commissioners,
I know that what I say tonight may not change a thing, but I want this to be a part of public
record that concerns were raised. I am not against the cell tower, just the fact that it is
going to be placed in such a populated area. If you look at the property map, you can see
that the area is surrounded by homes. The only area not occupied by homes is the back
side of the ball field which we own. We have been approached by several people that want
to purchase land and some of those people want to build homes. The twelve acres that
make up the old Bushy Fork school grounds is unlike many of the other places that you
have located towers. In that, it is a residential area and the site is full of activity, especially
on the weekends using the various facilities. There are two ball fields that are widely used
by many groups, a walking track, a gymnasium and a community center that is rented by
many families. On a weekend that two events are going on at the same time, it is hard to
find a parking place. I understand that a tower is needed and that by putting it on County
property will save the County money. I also understand that after it is completed, the
County is going to lease space on the tower to other companies to help with broadband
communications and receive revenue from the rented space. My real concern if the
combined effect of all the additional equipment that could added to the tower. According
to the 2013 state statute, the Board will lose control of how and what other companies are
going to use the tower for. I know that we need a tower, but how would you like to look
out your front door and see a 270 ft. tower. Finally, down the road, if there is a problem,
where does responsibility of this tower finally rest? Thank you very much. Linda P. Long.
A motion was made by Vice Chairman Powell and carried 5-0 to close the public
hearing for a Special Use Permit (SUP-04-17) Request by Person County Government, on
behalf of the Board of County Commissioners, for a 270’ tall self-supporting
telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax Map &
Parcel # A20-79) in the Rural Conservation Zoning District.
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CONSIDERATION TO GRANT OR DENY REQUEST FOR A SPECIAL USE
PERMIT (SUP-04-17) BY PERSON COUNTY GOVERNMENT, ON BEHALF OF
THE BOARD OF COUNTY COMMISSIONERS, FOR A 270’ TALL SELF-
SUPPORTING TELECOMMUNICATIONS TOWER ON 12.26 ACRES
LOCATED AT 7909 BURLINGTON RD. (TAX MAP & PARCEL # A20-79) IN THE
RURAL CONSERVATION ZONING DISTRICT.
Commissioner Jeffers asked for some of the things that Ms. Long brought up to be
addressed. He asked if there was a liability issue, as the County owned the tower, would
the County be the responsible party to which County Attorney, Ron Aycock stated yes.
Commissioner Jeffers asked to compare the Woodland or Bethel Hill towers similar in
proximity as far as to public structures and/or property. Mr. Goins addressed the proximity
to structures noting each of the towers are located in the rear of each property with the fall
zone within the parcel excluding any structures and designed under the NC Building Code.
The fall zone is restricted within the property.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
request for a Special Use Permit for a 270’ tall self-supporting telecommunications tower
on 12.26 acres located at 7909 Burlington Road as recommended by the Planning Board.
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PUBLIC HEARING:
SPECIAL USE PERMIT (SUP-05-17) REQUEST BY PERSON COUNTY
GOVERNMENT, ON BEHALF OF THE BETHEL HILL CHARTER SCHOOL,
INC., FOR A 300’ TALL SELF-SUPPORTING TELECOMMUNICATIONS
TOWER ON 35.48 ACRES LOCATED OFF OF CLAUDE HALL RD. (TAX MAP
& PARCEL # A67-44) IN THE RURAL CONSERVATION ZONING DISTRICT:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a Special Use Permit (SUP-05-17) Request by Person County
Government, on behalf of the Bethel Hill Charter School, Inc., for a 300’ tall self-
supporting telecommunications tower on 35.48 acres located off of Claude Hall Rd. (Tax
Map & Parcel # A67-44) in the Rural Conservation Zoning District.
The public hearing set to hear a request by Person County Government, on behalf
of the Bethel Hill Charter School, Inc., for a Special Use Permit for a 300’ tall self-
supporting telecommunications tower on 35.48 acres located off of Claude Hall Rd. (Tax
Map & Parcel # A67-44) in the 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, John Goins, and Sybil
Tate.
Planning Director, Lori Oakley introduced County Planner, Caroline Darnell, who
would be presenting this case, SUP-05-17. Ms. Oakley passed out revised agenda abstracts
and staff analysis reports for this case.
Planner, Caroline Darnell stated all zoning ordinances and state statutes have been
met for this public hearing. Ms. Darnell proceeded to share the following presentation:
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Speaking in favor of the Request by Person County Government, on behalf of the
Bethel Hill Charter School, Inc., for a Special Use Permit for a 300’ tall self-supporting
telecommunications tower on 35.48 acres located off of Claude Hall Rd. (Tax Map &
Parcel # A67-44) in the Rural Conservation Zoning District were the following:
Mr. John Goins of 326 Tryon Road, Raleigh, and Person County’s Engineer of
Record for the tower projects, stated his availability to answer questions.
Ms. Sybil Tate, Assistant County Manager stated she was available for questions
as well.
Commissioner Puryear asked for the location of the tower on the parcel to which
Ms. Darnell said it would be located in the back corner. Mr. Goins added it was the
northeast corner of the parcel. Ms. Tate said the school was located on a different parcel
to the south of the tower.
There were no individuals appearing before the Board to speak in opposition to the
Request by Person County Government, on behalf of the Bethel Hill Charter School, Inc.,
for a Special Use Permit for a 300’ tall self-supporting telecommunications tower on 35.48
acres located off of Claude Hall Rd. (Tax Map & Parcel # A67-44) in the Rural
Conservation Zoning District.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Special Use Permit (SUP-05-17) Request by Person County Government, on
behalf of the Bethel Hill Charter School, Inc., for a 300’ tall self-supporting
telecommunications tower on 35.48 acres located off of Claude Hall Rd. (Tax Map &
Parcel # A67-44) in the Rural Conservation Zoning District.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A SPECIAL USE
PERMIT (SUP-05-17) BY PERSON COUNTY GOVERNMENT, ON BEHALF OF
THE BETHEL HILL CHARTER SCHOOL, INC., FOR A 300’ TALL SELF-
SUPPORTING TELECOMMUNICATIONS TOWER ON 35.48 ACRES
LOCATED OFF OF CLAUDE HALL RD. (TAX MAP & PARCEL # A67-44) IN
THE RURAL CONSERVATION ZONING DISTRICT:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
request for a Special Use Permit for a 300’ tall self-supporting telecommunications tower
on 35.48 acres located off of Claude Hall Rd as recommended by the Planning Board.
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PUBLIC HEARING:
TEXT AMENDMENT (TA-02-17) REQUEST BY PLANNING STAFF, ON
BEHALF OF THE BOARD OF COMMISSIONERS, TO AMEND APPENDIX C
TABLE OF PERMITTED USES AND APPENDIX B DEFINITIONS OF THE
PERSON COUNTY ZONING ORDINANCE BY ADDING SOLAR ENERGY
SYSTEM AND DEFINITION:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for a Text Amendment (TA-02-17) Request by Planning Staff,
on behalf of the Board of Commissioners, to amend Appendix C Table of Permitted Uses
and Appendix B Definitions of the Person County Zoning Ordinance by adding Solar
Energy System and definition.
Planning Director, Lori Oakley introduced County Planner, Caroline Darnell, who
would be presenting this case, TA-02-17.
Planner, Caroline Darnell stated all zoning ordinances and state statutes have been
met for this public hearing. She proceeded to give the group the following presentation:
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There were no individuals appearing before the Board to speak in favor of or in
opposition to the Text Amendment (TA-02-17) Request by Planning Staff, on behalf of the
Board of Commissioners, to amend Appendix C Table of Permitted Uses and Appendix B
Definitions of the Person County Zoning Ordinance by adding Solar Energy System and
definition.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Text Amendment (TA-02-17) Request by Planning Staff, on behalf of the
Board of Commissioners, to amend Appendix C Table of Permitted Uses and Appendix B
Definitions of the Person County Zoning Ordinance by adding Solar Energy System and
definition.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A TEXT
AMENDMENT (TA-02-17) REQUEST BY PLANNING STAFF, ON BEHALF OF
THE BOARD OF COMMISSIONERS, TO AMEND APPENDIX C TABLE OF
PERMITTED USES AND APPENDIX B DEFINITIONS OF THE PERSON
COUNTY ZONING ORDINANCE BY ADDING SOLAR ENERGY SYSTEM AND
DEFINITION.
A motion was made by Commissioner Jeffers and carried 5-0 to approve a Text
Amendment to amend Appendix C Table of Permitted Uses and Appendix B Definitions of
the Person County Zoning Ordinance by adding Solar Energy System and Definition as
recommended by the Planning Board noting the text amendment was reasonable and
consistent.
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PUBLIC HEARING:
TEXT AMENDMENT (TA-03-17) REQUEST BY PLANNING STAFF TO AMEND
SECTION 60-6 OF THE PERSON COUNTY ZONING ORDINANCE BY ADDING
LANGUAGE TO ADDRESS THE NUMBER OF DWELLING UNITS ALLOWED
ON EACH PARCEL:
A motion was made by Commissioner Jeffers and carried 5-0 to open the duly
advertised public hearing for a Text Amendment (TA-03-17) Request by Planning Staff to
amend Section 60-6 of the Person County Zoning Ordinance by adding language to address
the number of dwelling units allowed on each parcel.
Planning Director, Lori Oakley stated all zoning ordinances and state statutes have
been met for this public hearing. Ms. Oakley said when reviewing the Zoning Ordinance,
the ordinance contained ambiguity with unclear information related to the number of
principal dwelling units allowed on each parcel. She shared the following presentation:
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Commissioner Jeffers asked Ms. Oakley to define a principal dwelling. Ms. Oakley
stated a principal dwelling is the main building or use of a zoning lot.
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Ms. Oakley told the group that since 1991, staff have told citizens to cut off a lot
for an additional use on the property that already has a dwelling. She said staff have been
enforcing one principal dwelling per parcel based on the definitions noting Planning staff
do not want to regulate accessory structures or well houses.
Ms. Oakley stated staff wanted to present the Board with two options in the case
the Board felt multiple dwelling should be allowed. She said the Environmental Health
Director provided her information that the state requires 40,000 sq. ft. in a state mandated
watershed.
Commissioner Puryear asked what happens if the Board takes no action to which
Ms. Oakley said it will be up to the Planning Director’s interpretation noting her goal was
to have clear regulations for principal dwellings for property owners to read in the Zoning
Ordinance. Ms. Oakley confirmed all existing development with accessories would be
grandfathered should the Board approve one of the options presented.
Commissioner Jeffers stated opposition to adding more hoops and expense for
residents.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Text Amendment (TA-03-17) Request by Planning Staff to amend
Section 60-6 of the Person County Zoning Ordinance by adding language to address the
number of dwelling units allowed on each parcel.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Text Amendment (TA-03-17) Request by Planning Staff to amend Section
60-6 of the Person County Zoning Ordinance by adding language to address the number of
dwelling units allowed on each parcel.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A TEXT
AMENDMENT (TA-03-17) REQUEST BY PLANNING STAFF TO AMEND
SECTION 60-6 OF THE PERSON COUNTY ZONING ORDINANCE BY ADDING
LANGUAGE TO ADDRESS THE NUMBER OF DWELLING UNITS ALLOWED
ON EACH PARCEL:
Chairman Kendrick stated his opposition to amend Section 60-6 of the Zoning
Ordinance noting additional facilities are held accountable for required setbacks and the
number of septic uses to meet the state mandated guidelines.
Commissioner Jeffers stated his opposition for a text amendment but he would
consider Option B due to the interpretation by the Director currently is Option A. He said
if the Board does nothing, staff will continue to say one dwelling per parcel.
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Commissioner Clayton stated preference for Option A noting the 40,000 sq. ft.
requirement per parcel within the watershed thereby mandating the same requirement for
the non-watershed parts of the county to have the same guidelines. He added that each
dwelling should be on a determined lot to avoid issues or those unintended consequences.
County Attorney, Ron Aycock explained to the Board that Option B allows what
some of the Board members expressed preference for multiple dwellings per parcel with
compliance of watershed and health requirements. In addition, if the ordinance remains as
written currently, staff interprets for just one dwelling per parcel. In summary, Mr. Aycock
concluded that Option B would give maximum options to the property owner.
Commissioner Puryear stated the County has an appeal process in place where
residents that disagree can take their case to the Planning Board or the Board of
Commissioners. Commissioner Puryear stated preference to leave the ordinance as written.
Ms. Oakley said an appeal would go before the Board of Adjustment.
A motion was made by Commissioner Puryear to leave Section 60-6 of the Person
County Zoning Ordinance as currently written without amendment of either option as
presented by the Planning Director.
A substitute motion was made by Commissioner Jeffers and failed 2-3 to approve
Option B presented by the Planning Staff as the Text Amendment to Amend Section 60-6
of the Zoning Ordinance to address the number of dwelling units allowed on each parcel.
Commissioner Jeffers and Chairman Kendrick voted in support of the substitute motion.
Vice Chairman Powell and Commissioners Clayton and Puryear cast the dissenting votes
to fail the motion.
The original motion to leave Section 60-6 of the Zoning Ordinance as currently
written carried 3-2. Commissioners Puryear and Clayton along with Vice Chairman
Powell voted in favor of the original motion. Chairman Kendrick and Commissioner
Jeffers cast the dissenting votes. The text amendment was rejected and consistent with the
plan.
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INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Chairman Kendrick and carried 5-0 to approve the Consent
Agenda with the following items:
A. Approval of Minutes of September 11, 2017,
B. Budget Amendment # 6,
C. Budget Amendment #6a, and
D. NC Education Lottery Application Person High School Press Box in the
amount of $16,000.
NEW BUSINESS:
ADDITIONAL MENTAL HEALTH FUNDING:
Assistant County Manager, Sybil Tate informed the Board that Cardinal
Innovations refunded maintenance of effort monies that was not spent in Fiscal Year 2017
for mental health services. The total amount of the refund was $38,196.
Ms. Tate said staff gathered feedback from the Sheriff’s Office, Health Department,
EMS, the court system, and community groups about the community’s mental health needs.
Based on their input and feedback, Ms. Tate presented a list of one-time appropriations
using the $38,196 refund for Board consideration.
Drug Court- $20,000
40 Naloxone kits and training for first responders- $3,500
Safe room at the hospital for use in mental health crisis - $5,000
Drop boxes at pharmacies - $8,000
Red Ribbon Awareness Campaign through schools- $1,696
Ms. Tate recommended all funds be managed by the Health Department. She asked
the Board to provide staff with feedback about funding recommendation and to approve
the funding, if appropriate.
Commissioner Jeffers requested consideration for mental health initiatives in the
jail. Ms. Tate noted programs for the jail may necessitate recurring funding and/or an
additional staff person.
It was the consensus of the Board for staff to gather information related to
addressing mental health programs for the County’s Jail as a trial for a pilot program.
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NEW NC STATUTE REQUIRES CHANGES TO THE PERSON COUNTY
ANIMAL SERVICES ORDINANCE:
Ron Shaw, Person County Animal Services Director told the group that the North
Carolina General Statue regarding the measures of rabies control changed effective
October 1, 2017. He noted that in this new statute, North Carolina will be using the most
current compendium released by the National Association of State Public Health
Veterinarians in matters regarding Rabies exposure and control. Mr. Shaw presented an
updated Person County Animal Services Ordinance reflecting these changes. Mr. Shaw
requested the Board’s consideration to adopt the Person County Animal Services
Ordinance as presented.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Person County Animal Services Ordinance as presented.
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SALE OF SURPLUS PROPERTY:
Chairman Kendrick stated the Board of Commissioners approved resolutions to
begin the upset bid process for the “Old Hotel” property and the “Old Senior Center”
property. A public notice of sale was advertised in the Courier-Times on September 16,
2017 with a deadline to submit sealed bids by September 25, 2017 at 5:00pm.
Chairman Kendrick updated the Board that no new bids were received for the “Old
Hotel” property. The highest initial bidder, Mr. John Dixon of Roxboro submitted an offer
of $22,500 to purchase the property. The Board of Commissioners has the right to reject
bids at any time; however, should the Board decide to move forward with the sale of the
“Old Hotel” property, the clerk and county attorney can complete the purchasing process.
Chairman Kendrick told the group that the “Old Senior Center” property received
two upset bids: 1) a bid in the amount of $750 and 2) a bid in the amount of $3,000. A
new notice of sale was published in the Courier-Times on September 30, 2017 containing
the new required minimum bid of $3,200 to upset with sealed bids to be submitted to the
Clerk of the Board of Commissioners by 5:00pm on October 9, 2017.
Chairman Kendrick requested Board action to approve the sale of the “Old Hotel”
property and to authorize the execution of the appropriate documents for the sale of the
property.
Chairman Kendrick provided full disclosure that Mr. Dixon is his father-in-law and
asked the County Attorney to address any potential conflict of interest.
County Attorney, Ron Aycock noted Chairman Kendrick desired to recuse himself
as the highest bidder was related to him however state statute mandated Chairman Kendrick
to vote unless there was a personal financial interest to which he deemed was not present.
Commissioner Clayton supported rejecting the bid noting his preference to retain
the property noting there was much activity in that area of town. Tax value on the “Old
Hotel” property was noted at $39,911 and $271,949 for the “Old Senior Center” parcel.
County Manager, Heidi York added that the “Old Senior Center” building had been
condemned for occupancy but could be used for storage.
A motion was made by Commissioner Puryear and carried 4-1 to accept the
highest bid of $22,500 from Mr. John Dixon of Roxboro and to approve the sale of the
“Old Hotel” property and authorize execution of the appropriate documents for the sale.
Commissioner Clayton cast the lone dissenting vote.
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CHAIRMAN’S REPORT:
Chairman Kendrick thanked Vice Chairman Powell for leading the last board
meeting while he was out of town.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers had no report.
Commissioner Clayton gave the Board and staff a copy of the Kerr Tar Regional
Council of Governments Annual Report FY2016/2017 noting the annual banquet was held
on September 28, 2017 in Henderson. He reported he also attended the Nano Technology
Conference in Greensboro.
Commissioner Puryear congratulated the Person County Museum of History’s Gala
celebration of Person County 225th Anniversary.
Vice Chairman Powell commented that the Museum celebration was well
represented.
CLOSED SESSION#1
A motion was made by Vice Chairman Powell and carried 5-0 to enter into Closed
Session per General Statute 143-318.11(a)(5) at 8:37pm to establish, or to instruct the
public body's staff or negotiating agents concerning the position to be taken by or on behalf
of the public body in negotiating the price and other material terms of a contract or
proposed contract for the acquisition of real property by purchase, option, exchange, or
lease with the following individuals permitted to attend: County Manager, Heidi York,
Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and Assistant County
Manager, Sybil Tate.
A motion was made by Commissioner Jeffers and carried 5-0 to return to open
session at 8:41pm.
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ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 8:42pm.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
81
10/16/2017
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 176,244
Public Safety 64,349
Transportation 28,841
Economic and Physical Development 3,601
Environmental Protection 675
Education 495,500
Human Services 17,765
Cultural and Recreation 5,478
Transfer to Other Funds 5,171
Contingency (292,878)
REVENUES General Fund
Intergovernmental 498,755
Other Revenues 3,855
Fund Balance Appropriation 2,136
EXPENDITURES Person Industries & MRF Fund
Community Rehab Prog Services 3,598
Material Recovery Facility 1,573
REVENUES Person Industries & MRF Fund
Transfer from General Fund 5,171
EXPENDITURES Airport Capital Construction Fund
2014 FAA NPE 1,000
RW-6 TERPS Obstruction Clearing (1,000)
REVENUES Airport Capital Construction Fund
Federal-2014 FAA NPE-Grant 900
Federal-RW-6 TERPS Obstruction Clearing (900)
Local-2014 FAA NPE 100
Local-RW-6 TERPS Obstruction Clearing (100)
EXPENDITURES Old Helena School Improvements Fund
Transfer to Other Funds (28,000)
REVENUES Old Helena School Improvements Fund
Transfer from Other Funds (28,000)
Explanation:
BUDGET AMENDMENT
Transfer from Contingency/Insurance (-$132,042) the annual cost of vehicle insurance coverage ($132,042);
transfer contingency funds (-$160,836) to cover property and liability insurance paid out of Human Resources
Department ($160,836); carryforward of remaining grant expenditures for the Sheriff's 2016 Bulletproof Vest Grant
($5,391); receipt of vehicle damage claim for Sheriff's department ($380); receipt of donation to EMS for employee
training ($500); receipt of donation to EMS for mental health training from ARC of Person County ($1,720); receipt
of donation to Animal Services ($405); recognize approved lottery funds from DPI for various school projects
($495,500); receipt of donations to Library ($850); NCDOT requires modification to recently approved Airport
obstruction clearing project (-$1,000) which restores funds ($1,000) to the 2014 Airport federal grant; clearout of
budgeted revenue (-$28,000) and expenditure (-$28,000) transfer accounts in the Old Helena School Improvement
Fund.
BA‐7 82
AGENDA ABSTRACT
Meeting Date: October 16, 2017
Agenda Title: Re-advertisement of fiber Request for Proposal
Summary of Information:
Staff received three incomplete bids for the Person County Fiber Optic Cable Construction project.
Per General Statute, the Board must ratify the rejection of the incomplete bids and the re-
advertisement of the Request for Proposal (RFP).
The RFP will essentially remain the same. During the second round of advertisement, only one
complete bid is needed to move forward with the project. New bids will be due on October 23, 2017
at 2:00pm.
Recommended Action: Reject bids and re-advertise the RFP.
Submitted By: Assistant County Manager, Sybil Tate
83
AGENDA ABSTRACT
Meeting Date: October 16, 2017
Agenda Title: Tax Adjustments for October 2017
Summary of Information: Attached please find the tax releases and motor vehicle pending
refunds August 2017.
1. October 2017 tax releases.
2. October 2017 North Carolina Vehicle Tax System (NCVTS) pending refunds.
Recommended Action: Motion to accept reports and authorize refunds.
Submitted By: Russell Jones, Tax Administrator
84
COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 10092017 PAGE: 1
ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE
DISTRICT-"
64330 1012017 MYEYEDR OPTOMETRY OF NC PLLC BUSINESS PERSONAL
64330 101 40872 -98.72 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -98.72 15683R 966 RH 08152017
-94.49-50 0.00 0.00 -94.49__________ -193.21 REASON:RECD AMENDED LISTING CO MADE ERROR IN ORGL LISTING
4190 3032017 TERRY NOVELLA HOUSE & 9 ACRES
4190 303 7329 -36.83 0.00- 0 0.00-30 0.00 0.00 0.00 0.00 -36.83 15684R 967 RH 08162017 REASON:CHG CND F17
9134 1082008 JORDAN ALEAN ANTHONY FREESTYLE LTD AWD MP
9134 108 42836 -31.18 0.00- 0 0.00- 0 0.00 0.00 -20.47 0.00 -51.65 15656R 986 BSG 08212017
-30.49-50 0.00 -20.01 -50.50__________ -102.15 REASON:BANKRUPTCY DISCHARGE 8/16/17
9134 1102010 JORDAN ALEAN ANTHONY FREESTYLE LTD AWD MP
9134 110 43495 -78.05 0.00- 0 0.00- 0 0.00 0.00 -52.33 0.00 -130.38 15656R 987 BSG 08212017 -78.46-50 0.00 -52.61 -131.07__________ -261.45 REASON:BANKRUPTCY DISCHARGE 8/16/17
66288 1012017 ENGLISH CONSTRUCTION COM INC BUSINESS PERSONAL 66288 101 33560 -14.54 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -14.54 15685R 988 RH 08222017 REASON:ADJ DEPREC SCH
63922 1012017 MCC ACQUISTIONS DBA VA CAR PAV BUSINESS PERSONA
63922 101 33559 -37.52 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -37.52 15686R 989 RH 08222017 REASON:ADJ DEPREC SCHED
65006 3012017 REYNOLDS TERRI L HYCO TRAILS/S2/L20/HSE
65006 301 24176 -14.08 0.00- 0 0.00-30 0.00 0.00 0.00 0.00 -14.08 15687R 990 RH 08222017
REASON:BSMT NOT COMPLETE F17
65054 2012017 BYRD LAWRENCE WILLIAM PERSONAL 65054 201 40218 0.00 0.00- 0 0.00- 0 -3.00 0.00 0.00 0.00 -3.00 15688R 1035 RH 08302017
REASON:DELETE DOG F17
54410 1312017 ADMIRAL PROPERTIES LLC APTS/READE DR/PARC 1 54410 131 14987 -1526.01 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -1526.01 15689R 1036 RH 08302017 -1460.61-50 0.00 0.00 -1460.61__________
-2986.62
REASON:CHGD EFYR F17
14124 1062017 FAITH TEMPLE UNITED HOLY CHURC BEECHWOOD FRM/B/L4/VL 14124 106 19640 -25.45 0.00- 0 0.00-30 0.00 0.00 0.00 0.00 -25.45 15690R 1037 MP 08302017
REASON:NEW CEMETARY F/2017
14124 1072017 FAITH TEMPLE UNITED HOLY CHURC BEECHWOOD FRM/B/L5/VL 14124 107 19641 -25.45 0.00- 0 0.00-30 0.00 0.00 0.00 0.00 -25.45 15691R 1038 MP 08302017 REASON:NEW CEMETARY F/2017
14124 1082017 FAITH TEMPLE UNITED HOLY CHURC BEECHWOOD FRM/LT7/8/9/VL 14124 108 19643 -86.37 0.00- 0 0.00-30 0.00 0.00 0.00 0.00 -86.37 15692R 1039 MP 08302017 REASON:NEW CEMETARY FOR 2017
12937 3012017 WINSTEAD JAMES E & THELMA 2 & 96/100 ACRES
12937 301 14969 -0.38 0.00- 0 -0.02-30 0.00 0.00 0.00 0.00 -0.40 2017R 1041 SRJ 08312017 REASON:UNDER ONE DOLLAR
56974 1012017 SUENO LLC BUSINESS PERSONAL
56974 101 40691 -17.83 0.00- 0 0.00- 0 0.00 -1.78 0.00 0.00 -19.61 15693R 1054 RH 09252017
REASON:BUSINESS CLOSED 12/16
63849 1022017 HRT PROPERTIES LLC DEF/T26&96/100AC/HS/BLDG 63849 102 19546 -15.96 0.00- 0 0.00-30 0.00 0.00 0.00 0.00 -15.96 15694R 1055 RH 09252017
REASON:RMVD FIREPLACE F17
66205 2012017 JUNE SYLVIA & JOHNNY LATTA PER/SW/LT39/TOMS 66205 201 33847 0.00 0.00- 0 0.00- 0 0.00 -7.31 0.00 0.00 -7.31 15695R 1056 MP 09252017 0.00-50 -6.71 0.00 -6.71__________
-14.02
REASON:LATE LISTING CHARGED IN ERROR
40058 1092009 BOWMAN JENNIFER NICOLE MURANO MP 40058 109 43205 -121.87 0.00- 0 0.00- 0 0.00 0.00 -88.32 0.00 -210.19 15656R 1057 BSG 09262017
-116.90-50 0.00 -84.72 -201.62__________
-411.81
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COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 10092017 PAGE: 2
ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE
DISTRICT-"
13089 1112017 MCLEOD OIL CO INC TWINS BUSINESS PERSONAL
13089 111 37045 -6.51 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -6.51 15696R 1058 RH 09272017
REASON:CORRECTION DELETE MOTV
63666 1162016 JP MORGAN CHASE BANK NA SURL ACRES/LT41/DW&L 63666 116 54755 -0.01 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.02 2016R 1066 SRJ 09292017
REASON:UNDER ONE DOLLAR
7007 3042017 AMMONS DAVID W & LEIGH S DEF/T 189 & 90/100 ACRES 7007 304 4240 -0.55 0.00- 0 -0.05-30 0.00 0.00 0.00 0.00 -0.60 2017R 1067 SRJ 09292017 REASON:UNDER ONE DOLLAR
1611 3022017 BRANN ELSIE S LIFE ESTATE HOUSE & LOT 1611 302 9277 -0.19 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.20 2017R 1068 SRJ 09292017 REASON:UNDER ONE DOLLAR
40249 1042017 SABINS PROPERTIES LLC 16 & 93/100 ACRES
40249 104 22606 -0.05 0.00- 0 -0.01-30 0.00 0.00 0.00 0.00 -0.06 2017R 1069 SRJ 09292017 REASON:UNDER ONE DOLLAR
86
COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 10092017 PAGE: 3
TRANSACTION TOTALS PAGE
TRANSACTIONS FROM 1 THROUGH 1076 IN SY0:TAX .MOD AMOUNTS FROM -999999999.99 THROUGH 999999999.99TRANSACTION TYPES:R
TRANSACTIONS 08112017->09302017 0 PAYMENTS 0 DISC/CORR 22 RELEASES TOTAL CREDIT NET CREDIT (PAYMENT+RELEASE) (TOTAL-DISC/CORR)PERSON COUNTY TAX OFFICE 0.00 0.00 -2137.55 2137.55 2137.55LATE LISTING 0.00 0.00 -9.09 9.09 9.09
DOG 0.00 0.00 -3.00 3.00 3.00
CODE DISTRICT NAME 30 STORMWATER FEE 0.00 0.00 -0.10 0.10 0.10 --------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -2149.74 2149.74 2149.74
STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00
DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 -161.12 161.12 161.12LIEN SALE COST 0.00 0.00 0.00 0.00 0.00 --------------- --------------- --------------- --------------- ---------------
TOTAL 0.00 0.00 -2310.86 2310.86 2310.86
50 CITY OF ROXBORO 0.00 0.00 -1780.95 1780.95 1780.95LATE LISTING 0.00 0.00 -6.71 6.71 6.71 --------------- --------------- --------------- --------------- ---------------
SUB-TOTAL 0.00 0.00 -1787.66 1787.66 1787.66
DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 -157.34 157.34 157.34 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -1945.00 1945.00 1945.00
TOTAL TAXES 0.00 0.00 -3937.40 3937.40 3937.40TOTAL LIEN COST 0.00 0.00 0.00 0.00 0.00TOTAL DISCOUNT 0.00 0.00 0.00 0.00 0.00
TOTAL INTEREST 0.00 0.00 -318.46 318.46 318.46
TOTAL STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00 =============== =============== =============== =============== =============== GRAND TOTAL 0.00 0.00 -4255.86 4255.86 4255.86
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Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax($27.33)$27.3301 Tax($13.62)$13.6201 Tax($3.41)$3.4101 Tax($13.91)$13.9101 Tax($4.14)$4.1401 Tax($28.07)$28.0701 Tax ($147.49)$147.4901 Tax($11.43)$11.4301 Tax($37.82)$37.8201 Tax($82.26)$82.2601 Tax$0.0050 Tax ($252.39)$272.3901 Tax($5.48)50 Tax($5.17)50 Vehicle Fee$0.00$10.6501 Tax($33.04)$33.0401 Tax($35.29)50 Tax($33.78)$69.0701 Tax($16.60)50 Tax($15.66)$32.26FENNELL, REGINA MAE ROXBORO, NC 27573 Adjustment < $100Mileage 08/25/2017FEATHERSTONE, ROBERT ROXBORO, NC 27573 Proration Vehicle Totalled09/27/2017DOLORES, PATRICIA MAE ROXBORO, NC 27574 Proration Vehicle Sold 09/11/2017DAVENPORT, DAVID ANTHONY ROXBORO, NC 27573 Proration Vehicle Sold 10/03/2017CUNNINGHAM, PATRICE NICOLE SEMORA, NC 27343 Adjustment >= $100Situs error 09/06/2017CORDELL, SHIRLEY ANN TIMBERLAKE, NC 27583 Proration Vehicle Sold 09/28/2017COMER, GERMAN JOSEPHUS ROXBORO, NC 27574 Proration Vehicle Sold 09/28/2017CASH, LINDA LAWSON TIMBERLAKE, NC 27583 Proration Vehicle Sold 10/03/2017BROOKS, LISA LUPTON ROXBORO, NC 27574 Proration Vehicle Sold 09/18/2017BROADWELL, GREGORY VERNE ROXBORO, NC 27573 Adjustment < $100Over Assessment08/14/2017BRAY, STEPHEN BRADLEY ROXBORO, NC 27574 Proration Vehicle Sold 08/17/2017BLALOCK, ALTON VERNON JR ROXBORO, NC 27574 Proration Vehicle Totalled10/04/2017BLALOCK, ALTON VERNON JR ROXBORO, NC 27574 Proration Vehicle Sold 08/18/2017ANDERBUILT INC ROXBORO, NC 27574 Proration Vehicle Sold 10/03/2017AIRCON REFRIGERATION SERVICE, INC ROUGEMONT, NC 27572 Proration Vehicle Sold 08/21/201788
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax($16.47)$16.4701 Tax ($113.05)$113.0501 Tax($51.39)$51.3901 Tax($15.19)$15.1901 Tax$0.0050 Tax ($105.93)$125.9301 Tax($60.51)$60.5101 Tax($21.12)50 Tax($20.21)$41.3301 Tax($40.30)$40.3001 Tax ($107.33)50 Tax ($102.73)$210.0601 Tax($24.00)$24.0001 Tax($10.73)$10.7301 Tax($1.25)$1.2501 Tax($15.98)$15.9801 Tax($22.39)50 Tax($21.43)$43.8201 Tax($6.87)50 Tax($6.57)$13.44LABEET, BRUCE CLEMONS ROXBORO, NC 27573 Proration Vehicle Sold 09/20/2017JUSKA, SIMON VINCENT ROXBORO, NC 27573 Proration Vehicle Sold 08/31/2017HOLLINGSWORTH, BRENDA JACKSON ROXBORO, NC 27574 Proration Vehicle Sold 09/07/2017HEPLER, WILLIAM ROBERT TIMBERLAKE, NC 27583 Proration Vehicle Sold 08/28/2017HEPLER, ROBERT KENNETH TIMBERLAKE, NC 27583 Proration Vehicle Sold 08/28/2017HARBUCK, JAMES MICHAEL ROXBORO, NC 27573 Proration Vehicle Sold 09/12/2017GUERRERO, JOSUE ROXBORO, NC 27573 Proration Vehicle Sold 09/20/2017GREENLEE, JARED PHILLIP TIMBERLAKE, NC 27583 Proration Vehicle Sold 09/13/2017GENTRY, RANDOLPH SCOTT ROXBORO, NC 27574 Proration Vehicle Sold 08/15/2017GENTRY, FRANKLIN TAYLOR JR ROXBORO, NC 27574 Proration Vehicle Sold 10/04/2017FRANCES, DIANE JOAN STEM, NC 27581 Adjustment >= $100Situs error 08/14/2017FOX, CLEM BAXIL JR ROXBORO, NC 27574 Proration Vehicle Sold 08/18/2017FOWLER, WILLIAM CRAIG CARY, NC 27518 Adjustment < $100Over Assessment08/30/2017FIELDS, JORDAN WILLIAM TIMBERLAKE, NC 27583 Proration Vehicle Sold 09/25/2017FERRELL, BOBBY OWEN ROXBORO, NC 27574 Proration Vehicle Sold 08/15/201789
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax($7.19)$7.1901 Tax($1.46)$1.4601 Tax($58.22)50 Tax($55.72)$113.9401 Tax($21.21)50 Tax($20.30)$41.5101 Tax($17.50)50 Tax($16.75)$34.2501 Tax($54.48)50 Tax($52.14)$106.6201 Tax($36.34)50 Tax($34.78)$71.1201 Tax($28.31)$28.3101 Tax($7.92)$7.9201 Tax($25.09)$25.0901 Tax($37.08)$37.0801 Tax($5.97)50 Tax($5.71)$11.6801 Tax($15.54)50 Tax($14.87)$30.4101 Tax($12.48)$12.48RIGSBEE, CONNIE WHITFIELD HURDLE MILLS, NC 27541 Proration Vehicle Sold 08/28/2017REGAN, MARY JANE ROXBORO, NC 27573 Proration Vehicle Sold 09/26/2017REARDON, JAMES PAUL ROXBORO, NC 27573 Proration Vehicle Sold 09/25/2017PHELPS, GRADY LEE ROXBORO, NC 27574 Proration Vehicle Totalled09/13/2017OUTLAW, CHANIER EVE ROXBORO, NC 27574 Proration Vehicle Totalled08/18/2017ORNITTO, JOHN MICHAEL ROXBORO, NC 27574 Proration Vehicle Sold 08/23/2017MONTAGUE, BONNIE GILLIS ROXBORO, NC 27574 Proration Vehicle Sold 10/03/2017MCKINNEY, JOYCE PULLIAM OXFORD, NC 27565 Proration Vehicle Totalled08/31/2017LOPEZ, TERESA WYNN ROXBORO, NC 27573 Proration Vehicle Sold 08/28/2017LOPEZ, TERESA WYNN ROXBORO, NC 27573 Proration Vehicle Sold 08/28/2017LOPEZ, TERESA WYNN ROXBORO, NC 27573 Proration Vehicle Sold 08/28/2017LONG, CAROLYN ROBERTSON ROXBORO, NC 27573 Proration Vehicle Sold 08/16/2017LEA, HERBERT MANLEY JR HURDLE MILLS, NC 27541 Proration Vehicle Sold 09/18/2017LAWSON, TAMARA SHUNTELE ROXBORO, NC 27573 Proration Vehicle Totalled09/20/201790
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax ($106.90)$106.9001 Tax($39.36)$39.3601 Tax($61.23)50 Tax($58.60)$119.8301 Tax($1.46)$1.4601 Tax($4.55)50 Tax($4.35)$8.9001 Tax($8.13)50 Tax($6.96)$15.0901 Tax($51.20)50 Tax($49.01)$100.2101 Tax ($100.52)$100.5201 Tax($28.73)$28.7301 Tax($16.74)$16.7401 Tax($10.87)$10.8701 Tax($2.38)$2.3801 Tax($7.65)$7.6501 Tax($71.29)$71.2901 Tax($20.53)$20.53WOLFE, BRIAN JOSEPH ROXBORO, NC 27574 Proration Vehicle Sold 09/14/2017WEAVER, WILLIAM WAYNE ROXBORO, NC 27574 Proration Vehicle Sold 08/23/2017WATKINS, DIANA LYNN LEASBURG, NC 27291 Proration Vehicle Sold 08/02/2017WALKER, CARL WAYNE ROUGEMONT, NC 27572 Proration Vehicle Sold 09/07/2017VAUGHAN, TRAVIS EARL ROXBORO, NC 27574 Proration Vehicle Sold 09/06/2017TOONE, STEPHANIE LONG ROXBORO, NC 27574 Proration Vehicle Sold 09/29/2017THOMPSON, JAMES EDWARD III ROUGEMONT, NC 27572 Proration Vehicle Sold 08/21/2017THOMPSON, BRIAN WAYNE TIMBERLAKE, NC 27583 Proration Vehicle Sold 09/13/2017TATE, JOYCE COLLINS ROXBORO, NC 27573 Proration Vehicle Sold 09/01/2017STONE, BILLY RAY ROXBORO, NC 27573 Proration Tag Surrender09/01/2017SMITH, MOSES JR ROXBORO, NC 27573 Proration Vehicle Totalled09/26/2017SMITH, MARSHALL MCARTHUR ROXBORO, NC 27574 Proration Vehicle Sold 09/07/2017ROUSE, ADAM JAMES ROXBORO, NC 27573 Proration Vehicle Sold 09/28/2017ROGERS, MELVIN JUNIOR ROXBORO, NC 27573 Proration Vehicle Sold 08/23/2017ROGERS, JUANITA FAYE TIMBERLAKE, NC 27583 Proration Vehicle Sold 08/18/201791
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax($13.80)$13.8001 Tax($25.97)50 Tax($24.86)$70.83YARBROUGH, CYPHERS FRANKLIN ROXBORO, NC 27573 Proration Vehicle Sold 10/03/2017WRIGHT, MICHAEL ANDREW HURDLE MILLS, NC 27541 Proration Vehicle Sold 10/03/201792
AGENDA ABSTRACT
Meeting Date: October 16, 2017
Agenda Title: Additional Mental Health funding
Background information:
This year, Cardinal Innovations refunded monies that were not spent in FY17 for mental health
services. The total amount of the refund was $38,196.
Summary of Information:
At the Board of Commissioners’ October 2nd meeting, the Board requested that funds be spent to
address mental health issues in the jail. Since then, the Sheriff has gathered information from
neighboring counties about mental health programs in jails and is requesting $20,000 for a pilot
program. In addition, staff has gathered feedback from the Health Department, EMS, the court
system, and community groups about the community’s mental health needs. Below is a funding
option:
Mental Health counseling pilot in jails- $20,000
40 Naloxone kits and training for first responders- $3,500
Safe room at the hospital - $5,000
Drug Court - $9,696
TOTAL= $38,196
All funds will be managed by the Health Department.
Recommended Action: Provide staff with feedback about funding recommendation and approve
funding.
Submitted By: Assistant County Manager, Sybil Tate
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AGENDA ABSTRACT
Meeting Date: October 16, 2017
Agenda Title: Sale of “Old Senior Center” surplus property
Background information:
The Board of Commissioners approved a resolution to begin the upset bid process for the “Old
Senior Center” property. A public notice of sale was last advertised in the Courier-Times on
September 30, 2017 with bids due to the clerk by October 9, 2017 at 5:00pm.
Summary of Information:
The “Old Senior Center” property highest upset bid was $3,000 from the Northern Piedmont Bible
Institute by its board members, Connie Dickens McCain. No new bids were received for the “Old
Senior Center” property,” so the highest bidder may purchase the property, with approval by the
Board of Commissioners.
The Board of Commissioners has the right to reject bids at any time; however, should the Board
decide to move forward with the sale of the “Old Senior Center” property”, the clerk and county
attorney can complete the purchasing process.
Recommended Action: Authorize the Chairman to sign the appropriate documents for the sale of
the “Old Senior Center” surplus property to the Northern Piedmont Bible Institute.
Submitted By: Assistant County Manager, Sybil Tate
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AGENDA ABSTRACT
Meeting Date: October 16, 2017
Agenda Title: Impact of New Legislation on Person County Solid Waste
Summary of Information: Early this month, the NC House and Senate voted to override the
Governor’s veto of HB 56. The bill, which is now law, was complex and covered a wide-ranging
number of topics - including a provision that the NC Association of County Commissioners believes
reduces local government control over its solid waste. The County Attorney has provided a memo
detailing his legal analysis of how this new legislation impacts Person County’s solid waste
discussion.
Recommended Action: Receive information on the new legislation
Submitted By: Ron Aycock, County Attorney
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Date: October 9, 2017
To: Board of Commissioners and Manager
Re: Effect of 2017 actions of the NC General Assembly relating to “flow control” and “life
of site permitting” on Person County solid waste program.
From: C. Ronald Aycock, County Attorney
Facts: Person County has an existing contract with Republic Services for operation of a landfill
in Person County and a franchise issued to Republic for such operation. The franchise was
extended by two years and is effective through June 30, 2019. The contract which was for
twenty years and may be extended for 10 additional years at the option of the County has been
extended for one year through July 1, 2018.
Among other provisions, the contract provides for a host fee to be paid to Person County based
upon usage which yields Person County in excess of $500,000 per year. It also provides that
Person County will use its “best efforts” to assure that waste from Person County will be
disposed of in the Republic facility. It further provides that waste will not be accepted from
certain jurisdictions (Raleigh and Durham) and will not be accepted from areas 60 miles or more
from the landfill.
The County is exploring its future options including the provision of a county transfer station and
the transfer of waste outside the county.
The 2017 General Assembly has enacted two provisions which impact the county options. For
convenience in identification I will designate those provisions as “flow control” and “life of site”
provisions.
FLOW CONTROL PROVISION
The new law prohibits a county from requiring that all waste in a county go to a specific site
(flow control) except in very limited circumstances. For Person County that limited
circumstance means for the period of its existing franchise (until June 30, 2019). It is likely then
that if the County grants additional franchises to effectuate the remaining years (9) of the
contract extension that it may not be able to direct that all waste go to the Republic site.
There is no authority in the new law to direct the flow of Person County waste to a new transfer
station. This will have the likely affect of limiting the flow of waste to the proposed new transfer
station and may therefore affect its financial viability.
An additional likely effect of the new law is to limit the ability of the County to restrict the
receipt of waste from areas 60+ miles away, since to do so would limit the flow of waste. This
effect is not as clear as the prohibition on the direction of waste from within the County, but is
likely to be the effect of the law.
Please note that the legislation still establishes a policy that a solid waste facility should serve a
specific geographic area, but prohibits a county from requiring that service.
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The pertinent legislation is set out below:
“130A-294(b) In furtherance of this purpose and intent, it is hereby determined and
declared that it is necessary for the health and welfare of the inhabitants of the State that solid
waste management facilities permitted hereunder and serving a specified geographic area shall
be used by public or private owners or occupants of all lands, buildings, and premises within the
geographic area, and a unit of local government may, by ordinance, require that all solid waste
generated within the geographic area and placed in the waste stream for disposal, shall be
delivered to the permitted solid waste management facility or facilities serving the
geographic area. Actions taken pursuant to this Article shall be deemed to be acts of the
sovereign power of the State of North Carolina, and to the extent reasonably necessary to
achieve the purposes of this section, a unit of local government may displace competition with
public service for solid waste management and disposal. It is further determined and declared
that no person, firm, corporation, association or entity within the geographic area shall engage
in any activities which would be competitive with this purpose or with ordinances, rules adopted
pursuant to the authority granted herein.
(c) Except as provided in subsections (d{REGIONAL SOLID WASTE FACILITIES}) and
(e)[CONSTRUCTION AND DEMOLITION MATERIALS MAY NOT BE DIRECTED] of this
section, a unit of local government may, by ordinance, franchise, business license, contract, or
otherwise, require that all solid waste generated within the geographic area and placed in the
waste stream for disposal be delivered to the permitted solid waste management facility or
facilities serving the geographic area only under one of the following conditions:
(1) If the unit of local government has debt associated with solid waste
management facilities and equipment outstanding on September 1, 2017, the
unit of local government may adopt and enforce such an ordinance until the
date that such debt has matured.
(3) If the unit of local government is a party to an exclusive franchise agreement
with a private entity governing the management or disposal of waste within
the jurisdiction in effect on September 1, 2017, the unit of local government
may adopt and enforce such an ordinance until the date that such franchise
has expired.”
LIFE OF SITE
The new law provides that all new permits for solid waste facilities or transfer stations be issued
by the state for life of the site not to exceed 60 years. Life of site is defined to be from inception
of the permit until the facility reaches its permitted height. It is not clear how the life of site for a
transfer station would be determined. The legislation explicitly provides that a life of site permit
survives the expiration of its underlying franchise. But a county may extend the old franchise
under the same terms and conditions until the expiration of the life of site permit. A franchise
extended to match the life of site permit period is not required to be enacted with a public
hearing, deposit of materials, at the public library, etc.
The original law requiring a franchise in order to apply for a permit, even a life of site permit
is retained.
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Should the County elect to extend additional contract periods for the existing Republic site,
the likely effects are:
1- A franchise extension even for just a year is likely to afford Republic an opportunity
to apply for a new life of site permit from the state. If that occurs Person County
would be entitled to extend its franchise for life of site and receive the same benefits
(payments, etc as is in the present contract).
2- If a new franchise is not enacted after June 30, 2018, Republic is not likely to be able
to secure a new permit for operation.
The pertinent “life of site” legislation is set out below:
“"§ 130A-294. Solid waste management program.
(a2) Permits for sanitary landfills and transfer stations shall be issued for the life-of-site of
the facility unless revoked as otherwise provided under this Article or upon the expiration of any
local government franchise required for the facility pursuant to subsection (b1) of this section.
revoked. For purposes of this section, "life-of-site" means the period from the initial receipt of
solid waste at the facility until the Department approves final closure of the facility. the facility
reaches its final permitted elevations, which period shall not exceed 60 years. Permits issued
pursuant to this subsection shall take into account the duration of any permits previously issued
for the facility and the remaining capacity at the facility.
(a3) In order to preserve long-term disposal capacity, a life-of-site permit issued for a
sanitary landfill shall survive the expiration of a local government approval or franchise. In
order to preserve any economic benefits included in the franchise, the County may extend the
franchise under the same terms and conditions for the term of the life-of-site permit. The
extension of the franchise hereby shall not trigger the requirements for a new permit, a major
permit modification, or a substantial amendment to the permit.
(b1) (1) For purposes of this subsection and subdivision (4) of subsection (a) of this
section, a "substantial amendment" means either:
(2) A person who intends to apply for a new permit for a sanitary landfill shall
obtain, prior to applying for a permit, a franchise for the operation of the sanitary landfill from
each local government having jurisdiction over any part of the land on which the sanitary
landfill and its appurtenances are located or to be located. A local government may adopt a
franchise ordinance under G.S. 153A-136 or G.S. 160A-319. A franchise granted for a sanitary
landfill shall (i) be granted for the life-of-site of the landfill, but for a period not to exceed 60
years, and (ii) include all of the following:
a. A statement of the population to be served, including a description of the geographic
area.
b. A description of the volume and characteristics of the waste stream.
c. A projection of the useful life of the sanitary landfill.
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d. Repealed by Session Laws 2013-409, s. 8, effective August 23, 2013.
e. The procedures to be followed for governmental oversight and regulation of the fees and
rates to be charged by facilities subject to the franchise for waste generated in the jurisdiction of
the franchising entity.
f. A facility plan for the sanitary landfill that shall include the boundaries of the proposed
facility, proposed development of the facility site, the boundaries of all waste disposal units, final
elevations and capacity of all waste disposal units, the amount of waste to be received per day in
tons, the total waste disposal capacity of the sanitary landfill in tons, a description of
environmental controls, and a description of any other waste management activities to be
conducted at the facility. In addition, the facility plan
shall show the proposed location of soil borrow areas, leachate facilities, and all other facilities
and infrastructure, including ingress and egress to the facility.
(3) Prior to the award of a franchise for the construction or operation of a sanitary
landfill, the board of commissioners of the county or counties in which the sanitary landfill is
proposed to be located or is located or, if the sanitary landfill is proposed to be located or is
located in a city, the governing board of the city shall conduct a public hearing. The board of
commissioners of the county or counties in which the sanitary landfill is proposed to be located
or is located or, if the sanitary landfill is proposed to be located or is located in a city, the
governing board of the city shall provide at least 30 days' notice to the public of the public
hearing. The notice shall include a summary of all the information required to be included in the
franchise, and shall specify the procedure to be followed at the public hearing. The applicant for
the franchise shall provide a copy of the application for the franchise that includes all of the
information required to be included in the franchise, to the public library closest to the proposed
sanitary landfill site to be made available for inspection and copying by the public. The
requirements of this subdivision shall not apply to franchises extended pursuant to subsection
(a3) of this section.”
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