Agenda Packet October 2 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 2, 2017
7:00pm
CALL TO ORDER………………………………………………. Chairman Kendrick
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION:
ITEM #1
Proclamation for Race Unity Week ……………………………... Chairman Kendrick
PUBLIC HEARING:
ITEM #2
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 …………………………. Lori Oakley
ITEM #3
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 ………………… Chairman Kendrick
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PUBLIC HEARING:
ITEM #4
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 ……………………………………………….. Lori Oakley
ITEM #5
Consideration to Grant or Deny 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 ……………………………….. Chairman Kendrick
PUBLIC HEARING:
ITEM #6
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 ………………………………. Lori Oakley
ITEM #7
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 ……………………………………………………. Chairman Kendrick
PUBLIC HEARING:
ITEM #8
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 ……………………………………… Lori Oakley
ITEM #9
Consideration to Grant or Deny Request 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 ……………………………………………………. Chairman Kendrick
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PUBLIC HEARING:
ITEM #10
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 …….. Lori Oakley
ITEM #11
Consideration to Grant or Deny Text Amendment 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 ……………………………………………………... Chairman Kendrick
PUBLIC HEARING:
ITEM #12
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 …………………………………………………….. Lori Oakley
ITEM #13
Consideration to Grant or Deny Text Amendment 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
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 #14
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
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.
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NEW BUSINESS:
ITEM #15
Additional Mental Health Funding …………………………………………. Sybil Tate
ITEM #16
New NC Statute requires changes to the Person County
Animal Services Ordinance ……………………………..…........................... Ron Shaw
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION#1
A motion to enter into Closed Session per 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 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, Assistant County Manager, Sybil Tate, IT
Director, Chris Puryear and 911 Communications Manager, Brett Wrenn.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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Proclamation
Race Unity Week
Whereas, Person County is now in the midst of celebrating its 225th year of
existence; and,
Whereas, during those 225 years, Person County has been the home of a variety of
races, ethnicities, cultures and religions; and,
Whereas, the contributions of the people from each and every race, ethnicity,
culture, and religion have played a significant role in making Person County a
culturally rich and economically vibrant community; and,
Whereas, it is important that we recognize that the “unity” of that community is
achieved through the appreciation for and celebration of our diversity; and,
Whereas, appreciation and celebration of diversity encourages understanding,
acceptance, and peaceful co-existence among our citizens; and,
Whereas, it is to the benefit of all citizens of the county that we live peacefully
together.
The Person County Board of Commissioners hereby proclaims that the period from
October 8, 2017 through October 15, 2017 shall be designated as “Race Unity Week”
in Person County.
____________________________________
Tracey L. Kendrick, Chairman
Person County Board of Commissioners
Attest:
____________________________________
Brenda B. Reaves, NCCCC, MMC
Clerk to the Board
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NOTICE OF PUBLIC HEARING
The Person County Board of Commissioners will hold a public hearing on Monday, October 2,
2017 at 7:00 p.m. in Room 215 of the Person County Office Building at 304 South Morgan Street,
Roxboro, North Carolina to hear the following:
1. 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.
2. SUP‐03‐17 – 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 R (Residential) Zoning District.
3. 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.
4. TA‐03‐17 – Request by the Person County 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.
5. 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 RC (Rural Conservation)
Zoning District.
6. 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 RC (Rural Conservation)
Zoning District.
The public is invited to attend the hearing. Substantial changes may occur to the request based
on comments from the public hearing. The Board of Commissioners reserve the right to recess
the public hearing to another place and time. For further information on the case(s) listed above,
please contact the Person County Planning and Zoning Department at 336‐597‐1750.
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AGENDA ABSTRACT
Meeting Date: October 2, 2017
Agenda Title: 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.
The NC General Statutes requires that when reviewing a text amendment, the board also include with
their motion a statement as to whether the proposed text amendment is reasonable and consistent.
Summary of Information: Petition TA-01-17 is a 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. This text amendment request serves to add
two uses that are not currently listed in the Person County Zoning Ordinance Table of Uses.
In 2004, a similar text amendment was approved by the Board of Commissioners to allow a similar
use, a winery, as a special use in the R (Residential) zoning district and permitted use in the RC
(Rural Conservation) zoning district. The applicant is proposing the same regulations for the
distillery/brewery use.
Planning Staff Recommendation - Planning Staff supports the approval of TA-01-17. The
proposed text amendment allows a use very similar to one that already exists in the Zoning
Ordinance in the same zoning districts.
Statement of Reasonableness and Consistency - The text amendment request is consistent with the
Comprehensive Plan and future planning goals of Person County. It is reasonable and in the public
interest as it will provide clear regulations for distilleries and breweries in Person County.
Planning Board Recommendation - At the Planning Board meeting on Sept. 14, 2017, the board
voted 4-1 to approve the requested text amendment TA-01-17 with three revisions. The revisions
consisted of:
Under Appendix B – Definitions: revising the proposed definition of brewery to read a
“legal establishment” for the production…
Under Appendix C – Table of Uses: separating the uses Distillery/Brewery into two
separate uses in the Zoning Table of Uses
Under Appendix C – Table of Uses: Allow both distilleries and breweries as a Special Use
(S) in the RC district in the Zoning Table of Uses
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Board member Derrick Smith voted in opposition of the text amendment request as he supported
allowing the distillery and brewery uses as a permitted use (X) in the RC district in order to be
consistent with the current regulations for wineries in the county.
Recommended Action: Vote to approve, approve with modifications or deny the requested
text amendment. The Board also needs to address the Statement of Reasonableness and
Consistency required by the NC General Statutes.
Submitted By: Lori Oakley, Planning Director
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TA-01-17
Staff Analysis
BOC Oct. 2, 2017
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Text Amendment TA-01-17
Distillery/Brewery
EXPLANATION OF THE REQUEST
Petition TA-01-17 is a 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.
REQUESTED ZONING ORDINANCE CHANGES
Appendix B (see attached language)
Language was amended in this section to add a definition of distillery and brewery.
Appendix C (see attached language)
Language was amended in this section to add Distillery/Brewery to the Table of Uses
PLANNING STAFF ANALYSIS
This text amendment request serves to add two uses that are not currently listed in the Person
County Zoning Ordinance Table of Uses.
In 2004, a similar text amendment was approved by the Board of Commissioners to allow a
similar use, a winery, as a special use in the R (Residential) zoning district and permitted use in
the RC (Rural Conservation) zoning district. The applicant is proposing the same regulations
for the distillery/brewery use.
PLANNING STAFF RECOMMENDATION
Planning Staff supports TA-01-17. The proposed text amendment allows a use very similar to
one that already exists in the Zoning Ordinance in the same zoning districts.
REASONABLENESS AND CONSISTENCY STATEMENT
The text amendment request is consistent with the Comprehensive Plan and future planning
goals of Person County. It is reasonable and in the public interest as it will provide clear
regulations for distilleries and breweries in Person County.
PLANNING BOARD RECOMMENDATION
At the Planning Board meeting on Sept. 14, 2017, the board voted 4-1 to approve the
requested text amendment TA-01-17 with three revisions (see attachment). The revisions
consisted of:
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TA-01-17
Staff Analysis
BOC Oct. 2, 2017
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• Under Appendix B – Definitions: revising the proposed definition of brewery to read a
“legal establishment” for the production…
• Under Appendix C – Table of Uses: separating the uses Distillery/Brewery into two
separate uses in the Zoning Table of Uses
• Under Appendix C – Table of Uses: Allow both distilleries and breweries as a Special
Use (S) in the RC district in the Zoning Table of Uses
Board member Derrick Smith voted in opposition of the text amendment request as he
supported allowing the distillery and brewery uses as a permitted use (X) in the RC district in
order to be consistent with the current regulations for wineries in the county.
Submitted by: Lori Oakley, Planning Director
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PLANNING BOARD’S RECOMMENDED CHANGES
APPLICANT’S AMENDMENT TO ZONING ORDINANCE
(Exhibit B)
Appendix B- Definition-
Distillery: A legal establishment for the manufacture, blending, fermentation, processing
and packaging of distilled alcohol spirits for distribution, retail, or wholesale, on or off premise.
The establishment may have tours of the facility, tastings of the products produced on-site, and
periodic events. Such facility must comply with all ABC commission laws and permits.
Brewery: A facility legal establishment for the production and packaging of malt
beverages for distribution, retail, wholesale, on or off premise.
Appendix C – Tables of Uses:
Distillery/Brewery =
S (Special Use) in R district and RC district
X (Permitted) in RC district
Brewery =
S (Special Use) in the R district and RC district
Reason for Change:
The proposed text will allow for the production of spirits and beer. The proposed use is
currently not listed in the Table of uses in the zoning ordinance.
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AGENDA ABSTRACT
Meeting Date: October 2, 2017
Agenda Title: 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 R
(Residential) Zoning District.
Quasi-Judicial Zoning Decision: The special use permit requires a quasi-judicial hearing.
Witnesses are to be sworn in and they are subject to cross examination. There shall be no ex parte
communication without full disclosure at the hearing. The case also requires the review of four
Findings of Fact from Section 74.4 of the Zoning Ordinance.
Summary of Information: The property is zoned R and the applicant is proposing a text
amendment (Petition# TA-01-17) simultaneously with this special use permit application to amend
the Table of Permitted Uses in Appendix C of the Zoning Ordinance to add “Distillery/Brewery”
as a special use in the R (Residential) Zoning District. The text amendment must be approved by
the Board of Commissioners in order for the Board to consider this request.
The applicant has an existing winery (“Rock of Ages”) along with associated retail and restaurant
area on the site currently and wishes to utilize the existing building and associated parking for the
new distillery/brewery. The proposed name for the distillery/brewery is “Twisted Oak Distillery.”
No changes would be made to the site for the new use.
The site has an existing 20’ wide paved driveway along with 41 paved parking spaces. There is
also an existing overflow gravel parking lot. The site is currently being served by a well and
septic tank.
The site is located within the Falls Watershed and is currently grandfathered because the
development was approved and constructed prior to the adoption of the Falls Watershed
Stormwater Ordinance. Any future additions to the site would be required to adhere to the Falls
Watershed Stormwater Ordinance.
The Person County Land use Plan identifies the proposed site as Rural Residential. Appendix O
of the Land Use Plan lists goals and objectives for the county including the following:
2.0 – Provide a strong local planning environment that supports and enhances the economic
growth potential of Person County.
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2.2 – Encourage well-planned commercial establishments to provide necessary goods and
services to area employers and residents.
Planning staff recommends that if the Board approves the request, the following conditions be
placed on the Special Use Permit:
1. The applicant is to obtain all permits necessary from the County Planning and Zoning
Department and Building Inspections Department.
2. The applicant is to obtain all permits necessary from the state of North Carolina.
Planning Board Recommendation - At the Planning Board meeting on Sept. 14, 2017, the board
voted unanimously (5-0) to recommend approval of SUP-03-17to include staff’s recommended
conditions.
Recommended Action: Vote to approve, approve with conditions or deny the Special Use
Permit request.
The Board also needs to address the Findings of Fact in Section 74-4 and whether this proposal is
in keeping with the Person County Comprehensive Plan.
The Findings of Fact listed in Section 74.4 of the Zoning Ordinance are as follows:
1. That the use will not materially endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved.
2. That the use meets all required conditions and specifications.
3. That the use will not substantially injure the value of adjoining or abutting property, or that the
use is a public necessity, and
4. That the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity
with the comprehensive plan.
Submitted By: Lori Oakley, Planning Director
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SUP-03-17
Staff Analysis
BOC Oct. 2, 2017
1
Special Use Permit SUP-03-17
Kevin Moore
Distillery / Brewery
EXPLANATION OF THE REQUEST
Petition SUP-03-17 is 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 R (Residential) Zoning District.
LOCATION & CURRENT LAND USE
Currently, the subject property contains a winery, associated parking and woodlands. The property is
zoned R (Residential).
Condition and land use of the surrounding properties are:
• To the West – Woodlands, farmland and associated farm buildings zoned R (Residential).
• To the North – Woodlands and farmland zoned R (Residential).
• To the East – Woodlands and farmland zoned R (Residential).
• To the South – Woodlands and farmland zoned R (Residential).
LAND USE / SITE PLAN ISSUES
The property is zoned R and the applicant is proposing a text amendment (Petition# TA-01-17)
simultaneously with this special use permit application to amend the Table of Permitted Uses in
Appendix C of the Zoning Ordinance to add “Distillery/Brewery” as a special use in the R (Residential)
Zoning District.
The applicant has a winery (“Rock of Ages”) along with associated retail and restaurant area on the
site currently and wishes to utilize the existing building and associated parking for the new
distillery/brewery. The proposed name for the distillery/brewery is “Twisted Oak Distillery.” No
changes would be made to the site for the new use.
The site has an existing 20’ wide paved driveway along with 41 paved parking spaces. There is also an
existing overflow gravel parking lot.
The site is currently being served by a well and septic tank.
The site is located within the Falls Watershed and is currently grandfathered because the
development was approved and constructed prior to the adoption of the Falls Watershed Stormwater
Ordinance. Any future additions to the site would be required to adhere to the Falls Watershed
Stormwater Ordinance.
The property does not lie within the 100-year special flood hazard area according to the FEMA map.
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SUP-03-17
Staff Analysis
BOC Oct. 2, 2017
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COMPREHENSIVE PLAN
The Person County Land use Plan identifies the proposed site as Rural Residential. Rural Residential is
defined as:
Low-density residential (single site-built and manufactured homes); agriculture, forestry,
churches; very limited commercial, office, or public/institutional uses meeting locational
criteria. Most of the land within protected water supply watersheds should be placed in
this category. Locational criteria for non-residential uses within this land use category
would include frontage and access to a major State highway or secondary road, proximity
to similar uses and spatial separation from non-compatible uses such as existing
residential development. Land uses within this category would be expected to develop
without public sewer, i.e., with private septic tank systems.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
2.0 – Provide a strong local planning environment that supports and enhances the economic
growth potential of Person County.
2.2 – Encourage well-planned commercial establishments to provide necessary goods and
services to area employers and residents.
PLANNING STAFF ANALYSIS
The property is zoned R (Residential) and the applicant is proposing a text amendment (Petition# TA-01-
17) simultaneously with this special use permit application to amend the Table of Permitted Uses in
Appendix C of the Zoning Ordinance to add “Distillery/Brewery” as a special use in the R (Residential)
Zoning District. The text amendment must be approved by the Board of Commissioners in order for the
Board to consider this request.
The applicant has an existing winery on site and plans on utilizing the existing building and associated
parking for the proposed distillery / brewery. No changes are proposed for the site other than adding the
new uses.
Planning staff recommends that if the Board approves the request, the following conditions be placed on
the Special Use Permit:
1. The applicant is to obtain all permits necessary from the County Planning and Zoning Department
and Building Inspections Department.
2. The applicant is to obtain all permits necessary from the state of North Carolina.
PLANNING BOARD RECOMMENDATION
At the Planning Board meeting on Sept. 14, 2017, the board voted unanimously (5-0) to recommend
approval of SUP-03-17to include staff’s recommended conditions.
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SUP-03-17
Staff Analysis
BOC Oct. 2, 2017
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In approving an application for a special use permit, the Board may attach fair and reasonable conditions
to the approval. The petitioner will have a reasonable opportunity to consider and respond to any
additional requirements prior to approval or denial by the Board of Commissioners.
The Board of Commissioners shall issue a special use permit if it has evaluated an application and
determined:
1. That the use will not materially endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved;
2. That the use meets all of the required conditions and specifications;
3. That the use will not substantially injure the value of adjoining or abutting property, or that the
use is a public necessity;
4. That the location and character of the use of developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity
with the Comprehensive Plan.
***Please refer to the 4 Findings of Fact listed above when making a decision***
Submitted by: Lori Oakley, Planning Director
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AGENDA ABSTRACT
Meeting Date: October 2, 2017
Agenda Title: 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 RC (Rural Conservation) Zoning District.
Quasi-Judicial Zoning Decision: The special use permit requires a quasi-judicial hearing.
Witnesses are to be sworn in and they are subject to cross examination. There shall be no ex parte
communication without full disclosure at the hearing. The case also requires the review of four
Findings of Fact from Section 74.4 of the Zoning Ordinance.
Summary of Information: Currently, the subject property contains Bushy Fork Park which
includes two baseball fields, a recreation and track area, a storage shed, a park building, and a
recreation building.
Note 9 to the Table of Permitted Uses in the Planning and Zoning Ordinance dictates that “Setbacks
for Radio, Telephone and TV Transmitting Towers will be equal to the height of the tower unless
the fall-zone is certified to be less than the height of the tower.” The setback of the proposed tower
is equal to the certified fall-zone of the tower.
At the September 14, 2017 meeting of the Planning Board, Justin Cosgrove, P.E., a representative
of Tower Engineering Professionals, presented the Board with the following North Carolina
General Assembly Statue when asked about Radio Frequency Emissions:
N.C.G.A Statue 160A-400.51A states: A city may plan for and regulate the siting or modification
of wireless support structures and wireless facilities in accordance with land development
regulations and in conformity with this Part. Except as expressly stated, nothing in this Part shall
limit a city from regulating applications to construct, modify, or maintain wireless support
structures, or construct, modify, maintain, or collocate wireless facilities on a wireless support
structure based on consideration of land use, public safety, and zoning considerations, including
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aesthetics, landscaping, structural design, setbacks, and fall zones, or State and local building
code requirements, consistent with the provisions of federal law provided in G.S. 160A-400.50.
For purposes of this Part, public safety includes, without limitation, federal, State, and local safety
regulations but does not include requirements relating to radio frequency emissions of wireless
facilities. (2013-185, s. 1.)
Planning Board Recommendation: At the September 14, 2017 meeting of the Planning Board, the
Board voted unanimously, five to zero (5-0) to send an unfavorable recommendation to the Board
of Commissioners on SUP-04-17 on the basis that it did not meet Findings of Fact #1 (That the
use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved). The Board voted that it did meet
Findings of Fact #2, #3, and #4. The Planning Board determined that more information was
needed in order to better evaluate Finding #1 and requested that information regarding Radio
Frequency Emissions be shared with the Board of Commissioners at their meeting on October 2,
2017. The requested information has been included in your packet.
Recommended Action:
Vote to approve, approve with conditions, or deny the Special Use Permit. Planning staff
recommends that if the Board approves the request, the following condition be placed on the
Special Use Permit:
1. The applicant is to obtain all permits necessary from the County Planning and Zoning
Department and Building Inspections Department.
The Board also needs to address the Findings of Fact in Section 74-4 and whether this proposal is
in keeping with the Person County Comprehensive Plan.
The Findings of Fact listed in Section 74.4 of the Zoning Ordinance are as follows:
1. That the use will not materially endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved.
2. That the use meets all required conditions and specifications.
3. That the use will not substantially injure the value of adjoining or abutting property, or that the
use is a public necessity, and
4. That the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity
with the comprehensive plan.
Submitted By: Lori Oakley, Planning Director
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SUP-04-17
Staff Analysis
PB September 14, 2017
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Special Use Permit SUP-04-17
Burlington Road (Bushy Fork) Cell Tower
EXPLANATION OF THE REQUEST
Petition SUP-04-17 is a request by Person County Government, on behalf of the Board of Commissioners,
for a 270’ tall self-supporting telecommunications tower on 12.16 acres located at 7909 Burlington Rd.
(Tax Map & Parcel # A20-79) in the RC (Rural Conservation) Zoning District.
LOCATION & CURRENT LAND USE
Currently, the subject property contains Bushy Fork Park which includes two baseball fields, a recreation
and track area, a storage shed, a park building, and a recreation building. The property is zoned RC (Rural
Conservation).
Condition and land use of the surrounding properties are:
To the West – A single-family dwelling, woodlands, and farmland zoned RC (Rural
Conservation).
To the North – A single-family dwelling, woodlands, and farmland zoned RC (Rural
Conservation).
To the East – A single family dwelling and farmland zoned RC (Rural Conservation).
To the South – Single-family dwellings, woodlands and farmland zoned R (Residential).
LAND USE / SITE PLAN ISSUES
The property is zoned RC and the Table of Permitted Uses in Appendix C of the Zoning Ordinance lists
“Radio, Telephone and TV Transmitting Tower” as a special use in the RC (Rural Conservation Zoning
District).
Note 9 to the Table of Permitted Uses in Appendix C of the Zoning Ordinance details specific setback
requirements for Radio, Telephone and TV Transmitting Towers including:
“Setbacks for Radio, Telephone and TV Transmitting Towers will be equal to the height of the
tower unless the fall-zone is certified to be less than the height of the tower.
Lattice towers, or self-supporting towers, with a triangular base tapered to the top and
engineered with break-points may be setback a distance ½ their height.”
The proposed tower is set 79’ from the eastern property line (100’ from the tower centerline). A
professional engineer has certified that the fall-zone for this tower is 100’ from the tower centerline.
The proposed plan includes a diesel generator, equipment shelter, and ice bridge. The cell tower
compound will be gated.
37
SUP-04-17
Staff Analysis
PB September 14, 2017
2
The applicant has requested to install a gravel drive (per Section 81-1), a turnaround area, and two
parking spaces.
The applicant plans on constructing a 20’ wide gravel access drive from the existing gravel road
accessed from Burlington Road.
The property is split between the Neuse/Falls Watershed and the Roanoke Watershed. All proposed
changes to the lot are in the Roanoke Watershed and are not subject to restrictions.
The property does not lie within the 100-year special flood hazard area according to the FEMA map.
COMPREHENSIVE PLAN
The Person County Land use Plan identifies the proposed site as Rural Residential / Agricultural. Rural
Residential / Agricultural is defined as:
Low-density residential (single site-built and manufactured homes); agriculture, forestry,
churches; very limited commercial, office, or public/institutional uses meeting locational criteria.
Most of the land within protected water supply watersheds should be placed in this category.
Locational criteria for non-residential uses within this land use category would include frontage
and access to a major State highway or secondary road, proximity to similar uses and spatial
separation from non-compatible uses such as existing residential development. Land uses within
this category would be expected to develop without public sewer, i.e., with private septic tank
systems.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
2.0 – Provide a strong local planning environment that supports and enhances the economic
growth potential of Person County.
2.1 – Promote continued economic investment through retention and expansion of existing
industrial concerns and the recruitment of new industries and commercial businesses.
PLANNING STAFF ANALYSIS
The property is zoned RC and the Table of Permitted Uses in Appendix C of the Zoning Ordinance lists
“Radio, Telephone and TV Transmitting Tower” as a special use in the RC (Rural Conservation Zoning
District).
The applicant is requesting to place a 270’ tall telecommunications tower and necessary structures off of
Burlington Road.
Planning staff recommends that if the Board approves the request, the following condition be placed on
the Special Use Permit:
1. The applicant is to obtain all permits necessary from the County Planning and Zoning Department
and Building Inspections Department.
38
SUP-04-17
Staff Analysis
PB September 14, 2017
3
PLANNING BOARD RECOMMENDATION
At the September 14, 2017 meeting of the Planning Board, the Board voted unanimously, five to zero (5-
0) to send an unfavorable recommendation to the Board of Commissioners on SUP-04-17 on the basis
that it did not meet Findings of Fact #1 (That the use will not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted and approved). The
Board voted that it did meet Findings of Fact #2, #3, and #4. The Planning Board determined that more
information was needed in order to better evaluate Finding #1 and requested that information regarding
Radio Frequency Emissions be shared with the Board of Commissioners at their meeting on October 2,
2017. The requested information has been included in your packet.
In approving an application for a special use permit, the Board may attach fair and reasonable conditions
to the approval. The petitioner will have a reasonable opportunity to consider and respond to any
additional requirements prior to approval or denial by the Board of Commissioners.
The Board of Commissioners shall issue a special use permit if it has evaluated an application and
determined:
1. That the use will not materially endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved;
2. That the use meets all of the required conditions and specifications;
3. That the use will not substantially injure the value of adjoining or abutting property, or that the
use is a public necessity;
4. That the location and character of the use of developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity
with the Comprehensive Plan.
***Please refer to the 4 Findings of Fact listed above when making a decision***
Submitted by: Caroline Darnell, Planner
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9/14/2017 ASR Registration 1300074
http://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistration.jsp?regKey=2699691&printable 1/2
ASR Registration Search Registration 1300074
Map Registration
Registration Detail
Reg Number 1300074 Status Granted
File Number A0975476 Constructed
EMI No Dismantled
NEPA
Antenna Structure
Structure Type LTOWER - Lattice Tower
Location (in NAD83 Coordinates)
Lat/Long 36-18-26.9 N 079-05-29.2 W Address Burlington Road
City, State Roxboro , NC
Zip 27541 County PERSON
Center of
AM Array
Position of Tower
in Array
Heights (meters)
Elevation of Site Above Mean Sea Level Overall Height Above Ground (AGL)
203.3 89.3
Overall Height Above Mean Sea Level Overall Height Above Ground w/o Appurtenances
292.6 85.3
Painting and Lighting Specifications
FAA Chapters 4, 8, 12 Paint and Light in Accordance with FAA Circular Number 70/7460-1K
FAA Notification
FAA Study 2014-ASO-12274-OE FAA Issue Date 04/14/2015
Owner & Contact Information
FRN 0004604575 Owner Entity
Type
Government Entity
Owner
Person County Government
Attention To: 911 Manager 216 W Barden Street Roxboro , NC 27573
P: (336)597-0545 F: (336)597-2248 E: 911@personcounty.net
Contact
Gillispie , Byron
Attention To: 911 Manager 216 W Barden Street Roxboro , NC 27573
P: (336)597-0545 F: (336)597-2248 E: 911@personcounty.net
Last Action Status
Status Granted Received 08/19/2016
Purpose Amendment Entered 08/19/2016
Mode Interactive
Related Applications
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9/14/2017 ASR Registration 1300074
http://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistration.jsp?regKey=2699691&printable 2/2
08/19/2016 A0975476 - Amendment (AM)
Comments
Comments
None
History
Date Event
08/22/2017 Construction Reminder Letter Sent
08/20/2016 Registration Printed
Automated Letters
08/22/2017 Construction Reminder, Reference 960133
08/20/2016 Authorization, Reference
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AGENDA ABSTRACT
Meeting Date: October 2, 2017
Agenda Title: 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 RC (Rural Conservation) Zoning District
Quasi-Judicial Zoning Decision: The special use permit requires a quasi-judicial hearing.
Witnesses are to be sworn in and they are subject to cross examination. There shall be no ex parte
communication without full disclosure at the hearing. The case also requires the review of four
Findings of Fact from Section 74.4 of the Zoning Ordinance.
Summary of Information:
Currently, the subject property contains woodlands, farmlands, and a pond. The property is zoned
RC (Rural Conservation).
Note 9 to the Table of Permitted Uses in the Planning and Zoning Ordinance dictates that “Setbacks
for Radio, Telephone and TV Transmitting Towers will be equal to the height of the tower unless
the fall-zone is certified to be less than the height of the tower.” The setback of the proposed tower
is equal to the certified fall-zone of the tower.
At the September 14, 2017 meeting of the Planning Board, Justin Cosgrove, P.E., a representative
of Tower Engineering Professionals, presented the Board with the following North Carolina
General Assembly Statue when asked about Radio Frequency Emissions:
N.C.G.A Statue 160A-400.51A states: A city may plan for and regulate the siting or modification
of wireless support structures and wireless facilities in accordance with land development
regulations and in conformity with this Part. Except as expressly stated, nothing in this Part shall
limit a city from regulating applications to construct, modify, or maintain wireless support
structures, or construct, modify, maintain, or collocate wireless facilities on a wireless support
structure based on consideration of land use, public safety, and zoning considerations, including
61
aesthetics, landscaping, structural design, setbacks, and fall zones, or State and local building
code requirements, consistent with the provisions of federal law provided in G.S. 160A-400.50.
For purposes of this Part, public safety includes, without limitation, federal, State, and local safety
regulations but does not include requirements relating to radio frequency emissions of wireless
facilities. (2013-185, s. 1.)
Planning Board Recommendation: At the September 14, 2017 meeting of the Planning Board, the
Board voted unanimously, five to zero (5-0) to send an unfavorable recommendation to the Board
of Commissioners on SUP-04-17 on the basis that it did not meet Findings of Fact #1 (That the
use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved). The Board voted that it did meet
Findings of Fact #2, #3, and #4. The Planning Board determined that more information was
needed in order to better evaluate Finding #1 and requested that information regarding Radio
Frequency Emissions be shared with the Board of Commissioners at their meeting on October 2,
2017. The requested information has been included in your packet.
Recommended Action:
Vote to approve, approve with conditions, or deny the Special Use Permit. Planning staff
recommends that if the Board approves the request, the following condition be placed on the
Special Use Permit:
1. The applicant is to obtain all permits necessary from the County Planning and Zoning
Department and Building Inspections Department.
The Board also needs to address the Findings of Fact in Section 74-4 and whether this proposal is
in keeping with the Person County Comprehensive Plan.
The Findings of Fact listed in Section 74.4 of the Zoning Ordinance are as follows:
1. That the use will not materially endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved.
2. That the use meets all required conditions and specifications.
3. That the use will not substantially injure the value of adjoining or abutting property, or that the
use is a public necessity, and
4. That the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity
with the comprehensive plan.
Submitted By: Lori Oakley, Planning Director
62
SUP-05-17
Staff Analysis
BOC October 2, 2017
1
Special Use Permit SUP-05-17
Claude Hall Rd (Bethel Hill) Cell Tower
EXPLANATION OF THE REQUEST
Petition SUP-05-17 is a request by Person County Government, on behalf of the Bethel Hill Charter School,
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 RC (Rural Conservation) Zoning District.
LOCATION & CURRENT LAND USE
Currently, the subject property contains woodlands, farmlands, and a pond. The property is zoned RC
(Rural Conservation).
Condition and land use of the surrounding properties are:
To the West – A single-family dwelling, woodlands, and farmland zoned RC (Rural
Conservation).
To the North – Single-family dwellings and woodlands zoned RC (Rural Conservation).
To the East – Single-family dwellings and woodlands zoned RC (Rural Conservation).
To the South – Bethel Hill Charter School and associated buildings zoned RC (Rural
Conservation).
LAND USE / SITE PLAN ISSUES
The property is zoned RC and the Table of Permitted Uses in Appendix C of the Zoning Ordinance lists
“Radio, Telephone and TV Transmitting Tower” as a special use in the RC (Rural Conservation Zoning
District).
Note 9 to the Table of Permitted Uses in Appendix C of the Zoning Ordinance details specific setback
requirements for Radio, Telephone and TV Transmitting Towers including:
“Setbacks for Radio, Telephone and TV Transmitting Towers will be equal to the height of the
tower unless the fall-zone is certified to be less than the height of the tower.
Lattice towers, or self-supporting towers, with a triangular base tapered to the top and
engineered with break-points may be setback a distance ½ their height.”
The proposed tower is set 126’ from the northern property line (150’ from the tower centerline). A
professional engineer has certified that the fall-zone for this tower is 150’ from the tower centerline.
The proposed plan includes a diesel generator, equipment shelter, and ice bridge. The cell tower
compound will be gated.
The applicant has requested to install a gravel drive (per Section 81-1), a turnaround area, and two
parking spaces.
63
SUP-05-17
Staff Analysis
BOC October 2, 2017
2
The applicant plans on constructing a 20’ wide gravel access drive from Claude Hall Rd.
The property is in the Roanoke Watershed and is not subject to restrictions.
The property does not lie within the 100-year special flood hazard area according to the FEMA map.
COMPREHENSIVE PLAN
The Person County Land use Plan identifies the proposed site as Rural Residential / Agricultural. Rural
Residential / Agricultural is defined as:
Low-density residential (single site-built and manufactured homes); agriculture, forestry,
churches; very limited commercial, office, or public/institutional uses meeting locational criteria.
Most of the land within protected water supply watersheds should be placed in this category.
Locational criteria for non-residential uses within this land use category would include frontage
and access to a major State highway or secondary road, proximity to similar uses and spatial
separation from non-compatible uses such as existing residential development. Land uses within
this category would be expected to develop without public sewer, i.e., with private septic tank
systems.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
2.0 – Provide a strong local planning environment that supports and enhances the economic
growth potential of Person County.
2.1 – Promote continued economic investment through retention and expansion of existing
industrial concerns and the recruitment of new industries and commercial businesses.
PLANNING STAFF ANALYSIS
The property is zoned RC and the Table of Permitted Uses in Appendix C of the Zoning Ordinance lists
“Radio, Telephone and TV Transmitting Tower” as a special use in the RC (Rural Conservation Zoning
District).
The applicant is requesting to place a 300’ tall telecommunications tower and necessary structures off of
Claude Hall Road.
Planning staff recommends that if the Board approves the request, the following condition be placed on
the Special Use Permit:
1. The applicant is to obtain all permits necessary from the County Planning and Zoning Department
and Building Inspections Department.
64
SUP-05-17
Staff Analysis
BOC October 2, 2017
3
PLANNING BOARD REQUESTED INFORMATION
At the September 14, 2017 Planning Board meeting, Justin Cosgrove, P.E. from Tower Engineering
Professionals presented the Board with the following North Carolina General Assembly Statue when asked
about Radio Frequency Emissions:
N.C.G.A Statue 160A-400.51A states: A city may plan for and regulate the siting or modification of wireless support
structures and wireless facilities in accordance with land development regulations and in conformity with this Part.
Except as expressly stated, nothing in this Part shall limit a city from regulating applications to construct, modify, or
maintain wireless support structures, or construct, modify, maintain, or collocate wireless facilities on a wireless
support structure based on consideration of land use, public safety, and zoning considerations, including aesthetics,
landscaping, structural design, setbacks, and fall zones, or State and local building code requirements, consistent
with the provisions of federal law provided in G.S. 160A-400.50. For purposes of this Part, public safety includes,
without limitation, federal, State, and local safety regulations but does not include requirements relating to radio
frequency emissions of wireless facilities. (2013-185, s. 1.)
In summary, the statue states that radio frequency emissions may not be considered in determining public
safety in regards to the Four Findings of Fact.
The Planning Board requested more information regarding radio frequency emissions be shared with the
Board of Commissioners. The frequency data and the Federal Communications Commission Antenna
Structure Registration (ASR) is included in your packet. According to the project engineer, the ASR is only
issued after the site has cleared the NEPA process, which included local and public notices and were open
for comment. The NEPA survey determined that due to the elevation of the proposed antennas, any area
on the ground will not be exposed to any radio frequencies outside of the FCC guidelines.
PLANNING BOARD RECOMMENDATION
At the September 14, 2017 meeting of the Planning Board, the Board voted unanimously, five to zero (5-
0) to send an unfavorable recommendation to the Board of Commissioners on SUP-04-17 on the basis
that it did not meet Findings of Fact #1 (That the use will not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted and approved). The
Board voted that it did meet Findings of Fact #2, #3, and #4. The Planning Board determined that more
information was needed in order to better evaluate Finding #1 and requested that information regarding
Radio Frequency Emissions be shared with the Board of Commissioners at their meeting on October 2,
2017. The requested information has been included in your packet.
65
SUP-05-17
Staff Analysis
BOC October 2, 2017
4
In approving an application for a special use permit, the Board may attach fair and reasonable conditions
to the approval. The petitioner will have a reasonable opportunity to consider and respond to any
additional requirements prior to approval or denial by the Board of Commissioners.
The Board of Commissioners shall issue a special use permit if it has evaluated an application and
determined:
1. That the use will not materially endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved;
2. That the use meets all of the required conditions and specifications;
3. That the use will not substantially injure the value of adjoining or abutting property, or that the
use is a public necessity;
4. That the location and character of the use of developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity
with the Comprehensive Plan.
***Please refer to the 4 Findings of Fact listed above when making a decision***
Submitted by: Caroline Darnell, Planner
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9/14/2017 ASR Registration 1301541
http://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistration.jsp?regKey=2701236&printable 1/2
ASR Registration Search Registration 1301541
Map Registration
Registration Detail
Reg Number 1301541 Status Granted
File Number A1052541 Constructed
EMI No Dismantled
NEPA
Antenna Structure
Structure Type LTOWER - Lattice Tower
Location (in NAD83 Coordinates)
Lat/Long 36-30-28.8 N 078-55-04.9 W Address Claude Hall Road
City, State Roxboro , NC
Zip 27574 County PERSON
Center of
AM Array
Position of Tower
in Array
Heights (meters)
Elevation of Site Above Mean Sea Level Overall Height Above Ground (AGL)
183.5 93.6
Overall Height Above Mean Sea Level Overall Height Above Ground w/o Appurtenances
277.1 91.4
Painting and Lighting Specifications
FAA Chapters 4, 8, 12 Paint and Light in Accordance with FAA Circular Number 70/7460-1L
FAA Notification
FAA Study 2015-ASO-3595-OE FAA Issue Date 12/07/2016
Owner & Contact Information
FRN 0004604575 Owner Entity
Type
Government Entity
Owner
Person County Government
Attention To: 911 Manager 216 W Barden Street Roxboro , NC 27573
P: (336)597-0545 F: (336)597-2855 E: 911@personcounty.net
Contact
Gillispie , Byron L
Attention To: 911 Manager 216 W. Barden Street Roxboro , NC 27573
P: (336)597-0545 F: (336)597-2855 E: 911@personcounty.net
Last Action Status
Status Granted Received 02/15/2017
Purpose Amendment Entered 02/15/2017
Mode Interactive
Related Applications
80
9/14/2017 ASR Registration 1301541
http://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistration.jsp?regKey=2701236&printable 2/2
02/15/2017 A1052541 - Amendment (AM)
Comments
Comments
02/16/2017 NEPA resolved based on FONSI letter dated 2/15/2017.
History
Date Event
02/17/2017 Registration Printed
Automated Letters
02/17/2017 Authorization, Reference
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AGENDA ABSTRACT
Meeting Date: October 2, 2017
Agenda Title: 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.
Summary of Information: Petition TA-02-17 is a 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 Planning Ordinance by adding Solar Energy System and definition. This text
amendment request serves to address decommissioning and bond requirements for Solar Energy
Systems.
Currently, solar and wind energy components are listed as examples of uses under Light
Industrial. The proposed Solar Energy System use would follow the same guidelines as Light
Industrial use which would be detailed in Note 10 to the Table of Permitted Uses and would
also detail specific requirements for Solar Energy Systems.
Planning Staff Recommendation: Planning Staff supports this text amendment. Staff research of
other communities in the area show that it is standard practice to require a decommissioning plan
and bonding requirement for Solar Energy Systems.
Planning Board Recommendation: At the September 14, 2017 meeting of the Planning Board,
the Board voted unanimously, five to zero (5-0) to send a favorable recommendation to the
Board of Commissioners on TA-02-17.
Recommended Action: Vote to approve, approve with modifications or deny the requested text
amendment. The Board also needs to address the Statement of Reasonableness and Consistency
required by the NC General Statutes.
Submitted By: Lori Oakley, Planning Director
85
TA-02-17
Staff Analysis
PB September 14, 2017
Text Amendment TA-02-17
Solar Energy System
EXPLANATION OF THE REQUEST
Petition TA-02-17 is a 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 Planning
Ordinance by adding Solar Energy System and definition.
REQUESTED ORDINANCE CHANGES
Section 8.2 Definitions (see attached language)
Language was amended in this section that adds a Solar Energy System definition.
Section 11.1 Table of Uses (see attached language)
Language was amended in this section that adds Solar Energy System to the Table of Permitted
Uses and Note 10 to the Table of Permitted uses.
PLANNING STAFF ANALYSIS
This text amendment request is to add Solar Energy System (SES) to the Table of Uses
referencing the proposed Note 10. This would not change the districts Solar Energy Systems
are allowed, which includes the B-2 (Neighborhood Shopping), B-1 (Highway Commercial
Business), GI (General Industrial) and RC (Rural Conservation) districts and prohibited in the R
(Residential) district. A SES in any district that is within 250’ of a residential structure would
require a special use permit. The definition of Solar Energy System is proposed as follows:
“Solar Energy System (SES) - the components and subsystems required to convert solar
energy into electric or thermal energy suitable for use. The area of the system includes
all the land inside the perimeter of the system, which extends to any fencing. The term
applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and
solar hot water systems.”
Currently, the proposed use’s definition most closely matches the definition of Light Industrial
Use.
“Light Industrial Use: The intent of this land use category is to provide for wholesale
and warehousing uses as well as those industrial uses that include precision
manufacturing, assembly or processing of materials that are in refined form and that
do not in their transformation create smoke, gas, odor, dust, noise, vibration of earth,
soot or lighting to a degree that is offensive when measure at the property line of
subject property. Noise levels shall not measure higher than 65 LDN (day-night sound
level), if so, the use is considered heavy industrial use or may be approved with a
special use permit.”
86
TA-02-17
Staff Analysis
PB September 14, 2017
Solar Energy System is not listed as a use in the Table of Permitted Uses. Currently, solar and
wind energy components are listed as examples of uses under Light Industrial. The proposed
Solar Energy System use would follow the same guidelines as Light Industrial use which would
be detailed in Note 10 to the Table of Permitted Uses. The proposed Note 10 details specific
requirements for Solar Energy Systems.
Staff did research into other jurisdictions in the area and found that the majority of them had
specific requirements for Solar Energy Systems. Staff research found that counties
municipalities often require a decommissioning plan and bonding requirement at the time of
permitting. Although, populations of the researched jurisdictions vary from that of Person
County, they are comparable in terms of growth and character.
Note 2 to the Table of Permitted Uses sets regulations on Light Industrial Use, which Solar
Energy Systems currently falls under. These regulations include prohibiting Light Industrial
uses in the R (Residential) district and requiring a Special Use Permit if the use is located within
250’ of an adjacent residential structure. The proposed Note 10 to the Table of Permitted Uses
shall include the regulations of Note 2.
Note 10 to the Table of Permitted Uses is proposed as follows:
Note 10: Solar Energy Systems (SES)
An SES established prior to the effective date of shall not be subject to these
special requirements with the following exception: modifications to existing SES that
increase the area by more than 5% of the original footprint or change the solar panel
type (e.g. photovoltaic to solar thermal) shall be subject to all requirements.
Solar Energy Systems must meet all requirements for Light Industrial Use (see Note 2)
and all setback requirements (see Section 75).
A decommissioning plan shall be required at the time of permitting. Following a
continuous period of six months in which no electricity is generated, the owner of the
solar farm, or in the solar farm owner's absence, the owner of the real property upon
which it is located, shall decommission the solar farm by removing within six months all
solar panels, buildings, cabling, electrical components, and any other improvements and
must return the property to a natural state with plantings approved by the planning
director.
Prior to the insurance of a certificate of compliance, the county must receive a
performance guarantee in favor of the county in an amount equal to 1.25 times the
estimated decommissioning cost as determined by a North Carolina licensed engineer.
The performance guaranty must be satisfactory to the planning director and may
include a performance bond, irrevocable letter of credit, cash deposit or other surety
approved by the planning director.
87
TA-02-17
Staff Analysis
PB September 14, 2017
PLANNING STAFF RECOMMENDATION
Planning Staff supports this text amendment. Staff research of other communities in the area
show that it is standard practice to require a decommissioning plan and bonding requirement
for Solar Energy Systems.
PLANNING BOARD RECOMMENDATION
At the September 14, 2017 meeting of the Planning Board, the Board voted unanimously, five to
zero (5-0) to send a favorable recommendation to the Board of Commissioners on TA-02-17.
REASONABLENESS AND CONSISTENCY STATEMENT
The text amendment request is consistent with the Comprehensive Plan and future planning
goals of Person County. It is reasonable and in the public interest as it will provide regulations
on Solar Energy Systems which are in alignment with the districts and purposes of the Zoning
Ordinance.
Submitted by: Caroline Darnell
88
TA-02-17
Staff Analysis
PB September 14, 2017
Text Amendment TA-02-17
Proposed Language
Appendix B - Definitions:
Solar Energy System (SES) - the components and subsystems required to convert solar energy
into electric or thermal energy suitable for use. The area of the system includes all the land
inside the perimeter of the system, which extends to any fencing. The term applies, but is not
limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems.
Appendix C - Table of Permitted Uses:
Add “Solar Energy Systems: (see Note 10)”
Note 10: - Solar Energy Systems (SES)
An SES established prior to the effective date of shall not be subject to these special
requirements with the following exception: modifications to existing SES that increase the area
by more than 5% of the original footprint or change the solar panel type (e.g. photovoltaic to
solar thermal) shall be subject to all requirements.
Solar Energy Systems must meet all requirements set forth in Note 2. Solar Energy Systems
must meet all setback requirements (see Section 75).
Following a continuous period of six months in which no electricity is generated, the owner of
the solar farm, or in the solar farm owner's absence, the owner of the real property upon which
it is located, shall decommission the solar farm by removing within six months all solar panels,
buildings, cabling, electrical components, and any other improvements and must return the
property to a natural state with plantings approved by the planning director. Prior to the
insurance of a zoning compliance certificate, the county must receive a performance guarantee
in favor of the county in an amount equal to 1.25 times the estimated decommissioning cost as
determined by a North Carolina licensed engineer. The performance guaranty must be
satisfactory to the planning director and may include a performance bond, irrevocable letter of
credit, cash deposit or other surety approved by the planning director.
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AGENDA ABSTRACT
Meeting Date: October 2, 2017
Agenda Title: Public Hearing for a Text Amendment (TA-03-17) Request by the Person
County 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.
The NC General Statutes requires that when reviewing a text amendment, the board also include with
their motion a statement as to whether the proposed text amendment is reasonable and consistent.
Summary of Information: Petition TA-03-17 is a request by the Person County 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.
Staff is requesting language in the Zoning Ordinance that clearly states the number of principal
dwellings allowed per parcel. In 2013, while considering a text amendment to remove the
limitations for accessory dwellings, Section 60-6 was removed from the Zoning Ordinance. Since
the removal of Section 60-6, staff has relied on vague language in the definitions section to
determine the number of dwellings allowed on a parcel of land.
Staff has drafted two options for the proposed text – an Option A and an Option B.
Option A -
Section 60-6
Unless otherwise specified by this ordinance, every principal building hereafter erected or moved
shall be located on a separate lot.
Option B-
Section 60-6
Every building hereafter erected or moved shall be located on a lot. And in no case shall there be
more than one (1) principal building and its customary accessory buildings on a lot except in the
following cases:
Multifamily residential developments, including townhomes; and planned building groups
and shopping centers as approved and permitted in accordance with this Ordinance.
Additional single-family detached dwellings when placed in such a way that all dwelling
units meet all of the dimensional lot requirements of the applicable zoning district.
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Staff recommends limiting the number of principal dwellings to one on each parcel and therefore
recommends “Option A”. Previous staff members have been enforcing one principal dwelling per
parcel since the adoption of the Zoning Ordinance in 1991 and neighboring counties also limit the
number of principal dwellings per parcel to one principal dwelling unit. Accessory dwellings
(“garage apartment”) will remain a permitted use in the RC zoning district and a conditional use
in the R, B-1 and B-2 zoning districts.
If the Board wishes to allow multiple principal dwellings per parcel, staff recommends the
language contained in “Option B.” State watershed regulations require a minimum land area of
40,000 square feet per dwelling that is served by a septic system and located in a watershed.
Option B will better align with the state requirements if the Board choses to allow multiple
dwellings on a parcel of land.
Planning Staff Recommendation - Planning Staff recommends approval of TA-03-17, “Option A.”
Staff research of other counties in the area show that it is standard practice to only allow one
principal dwelling per parcel of land and the proposed text will provide clear regulations for staff
and citizens.
Statement of Reasonableness and Consistency - The text amendment request is consistent with the
Comprehensive Plan and future planning goals of Person County. It is reasonable and in the public
interest as it will provide clear and concise regulations in the Zoning Ordinance.
Planning Board Recommendation - At the Planning Board meeting on Sept. 14, 2017, the board
voted unanimously (5-0) to approve the requested text amendment TA-03-17 as presented in
“Option A.”
Recommended Action: Vote to approve, approve with modifications or deny the requested
text amendment. The Board also needs to address the Statement of Reasonableness and
Consistency required by the NC General Statutes.
Submitted By: Lori Oakley, Planning Director
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Staff Analysis
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Text Amendment TA-03-17
Dwelling Units on a Parcel
EXPLANATION OF THE REQUEST
Petition TA-03-17 is a request by the Person County 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.
REQUESTED ZONING ORDINANCE CHANGES
Add the following language:
Section 60-6 (see attached language)
Language was added to this section to regulate the number of principal buildings allowed on
each lot.
PLANNING STAFF ANALYSIS
This text amendment request serves to clarify the number of principal dwellings allowed on
each lot.
In June 2013, the Zoning Ordinance contained the following language:
Section 60-6
Unless otherwise specified by this ordinance, every principal building hereafter erected
or moved shall be located on a separate lot and in no case shall there be more than one
principal building and three permitted accessory buildings on all lots under three (3)
acres.
While considering a text amendment to remove the limitations for accessory dwellings,
Section 60-6 was removed from the Zoning Ordinance. Since the removal of Section 60-6, staff
has relied on vague language in the definitions section to determine the number of dwellings
allowed on a parcel of land.
Staff is requesting language in the Zoning Ordinance that clearly states the number of principal
dwellings allowed per parcel. Staff recommends limiting the number of principal dwellings to
one on each parcel and therefore recommends “Option A” on the attachment with the
proposed language. Previous staff members have been enforcing one principal dwelling per
parcel since the adoption of the Zoning Ordinance in 1991 and neighboring counties also limit
the number of principal dwellings per parcel to one principal dwelling unit. Accessory
dwellings (“garage apartment”) will remain a permitted use in the RC zoning district and a
conditional use in the R, B-1 and B-2 zoning districts.
If the Board wishes to allow multiple principal dwellings per parcel, staff recommends the
language contained in “Option B” on the attachment with the proposed language. State
watershed regulations require a minimum land area of 40,000 square feet per dwelling that is
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Staff Analysis
BOC Oct. 2, 2017
2
served by a septic system and located in a watershed. Option B will better align with the state
requirements if the Board choses to allow multiple dwellings on a parcel of land.
PLANNING STAFF RECOMMENDATION
Planning Staff recommends approval of TA-03-17, “Option A.” Staff research of other counties
in the area show that it is standard practice to only allow one principal dwelling per parcel of
land and the proposed text will provide clear regulations for staff and citizens.
REASONABLENESS AND CONSISTENCY STATEMENT
The text amendment request is consistent with the Comprehensive Plan and future planning
goals of Person County. It is reasonable and in the public interest as it will provide clear and
concise regulations in the Zoning Ordinance.
PLANNING BOARD RECOMMENDATION
At the Planning Board meeting on Sept. 14, 2017, the board voted unanimously (5-0) to
approve the requested text amendment TA-03-17 as presented in “Option A.”
Submitted by: Lori Oakley, Planning Director
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Text Amendment TA-03-17
Dwelling Units on a Parcel
Proposed Text
OPTION A -
Section 60-6
Unless otherwise specified by this ordinance, every principal building hereafter erected or moved
shall be located on a separate lot.
OPTION B-
Section 60-6
Every building hereafter erected or moved shall be located on a lot. And in no case shall there be
more than one (1) principal building and its customary accessory buildings on a lot except in the
following cases:
■ Multifamily residential developments, including townhomes; and planned building groups
and shopping centers as approved and permitted in accordance with this Ordinance.
■ Additional single-family detached dwellings when placed in such a way that all dwelling
units meet all of the dimensional lot requirements of the applicable zoning district.
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PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 11, 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, September 11, 2017 at 7:00pm in the Commissioners’ meeting
room in the Person County Office Building.
Vice Chairman Powell called the meeting to order at 7:05pm. Commissioner
Clayton gave an invocation and Commissioner Puryear led the group in the Pledge of
Allegiance. Chairman Kendrick was out of town assisting Duke Energy’s response to
restore power following recent hurricane weather, but attended the Board meeting via
conference call. Vice Chairman Powell conducted the board meeting for Chairman
Kendrick.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
RECOGNITION:
SEPTEMBER 11, 2001 PROCLAMATION:
Vice Chairman Powell read a September 11, 2001 Proclamation issued jointly by
the City of Roxboro and Person County on September 9, 2017 at a Patriot Day Event held
at the Person County Veterans Park memorializing the men, women and children who lost
their lives on September 11, 2001. This event was sponsored by the Person Veteran’s
Council, Roxboro Police Department, Roxboro Fire Department and Person County
Emergency Services.
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RESOLUTION OF APPRECIATION:
Vice Chairman Powell read and presented a Resolution of Appreciation to Person
County Retiree, Randy Long.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Phillip Gillis of 125 Jack Brann Road, Roxboro, and a member of the Board of
Education said he was coming before the Board as a member of the Allensville community
with many questions should the Board consider re-opening the old landfill site as a transfer
station. Mr. Gillis compared recent board action related to vacant, wooded lots to the nearly
one-hundred homes that would be impacted noting the additional road noise and constant
trash would be the biggest impacts. He told the Board that the Mt. Tirzah and Allensville
communities have already had its turn, and done its duty having a landfill in its front yard.
Person County Sheriff Dewey Jones wanted to make the Board aware that
reopening the old landfill site as a transfer station would impact law enforcement’s use of
that site for a firing range noting that both the City and County’s officers use this site for
mandated training and qualifying. Sheriff Jones noted consideration for safety should the
site re-open to the public and was used for multiple purposes. He said if his personnel has
to travel out of town for the needed training, his training budget line would be impacted as
much as $20,000.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of August 7, 2017,
B. Approval of Minutes of August 21, 2017,
C. Budget Amendment #4,
D. Budget Amendment #5 Carryforwards,
E. Emergency Operation Plan Update, and
F. A Resolution Amending the Person County Economic Development
Commission for a change in Membership
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NEW BUSINESS:
A RESOLUTION OF SUPPORT TO DEDICATE A SECTION OF NC HIGHWAY
57 IN PERSON COUNTY TO COMMEMORATE THE SERVICE OF WORLD
WAR I VETERAN, FIRST LIEUTENANT GUY J. WINSTEAD:
Vice Chairman Powell presented a Resolution of Support to Dedicate a Section of
NC Highway 57 in Person County to Commemorate the Service of World War I Veteran,
First Lieutenant Guy J. Winstead for Board approval noting some of the requirements were
to have unanimous support by the local board of commissioners along with an
appropriation of the $2,000 associated costs. Commissioner Jeffers recommended the
$2,000 be appropriated from the County’s Undesignated Contingency Fund.
A motion was made by Commissioner Clayton and carried 5-0 to adopt a
Resolution of Support to Dedicate a Section of NC Highway 57 in Person County to
Commemorate the Service of World War I Veteran, First Lieutenant Guy J. Winstead and
to appropriate $2,000 from the County’s Undesignated Contingency Fund.
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A RESOLUTION OF SUPPORT TO DEDICATE A SECTION OF NC HIGHWAY 57
IN PERSON COUNTY TO COMMEMORATE THE SERVICE OF
WORLD WAR I VETERAN, FIRST LIEUTENANT GUY J. WINSTEAD
WHEREAS, the Person County Board of County Commissioners hereby acknowledge and
support a request to dedicate a section of NC Highway 57 in Person County to
commemorate a World War I veteran, First Lieutenant Guy J. Winstead; and
WHEREAS, First Lieutenant Guy J. Winstead was born in the Olive Hill community on August
29, 1896 and he joined the United States Army and served with Company C, the
38th Infantry Regiment, 3rd Division, American Expeditionary Forces, near
Chateau-Thierry, France, during June and July, 1918; and
WHEREAS, First Lieutenant Guy J. Winstead led four patrols across the Marne River while
exposed to heavy enemy machine-gun fire. On the second of these patrols the boat
was sunk and it was necessary to swim the river. While within the enemy lines he
and five others raided a German outpost, killing five of the enemy, and, in spite of
heavy enemy fire, returned with a prisoner; and
WHEREAS, First Lieutenant Guy J. Winstead on July 15, 1918, shortly after leading his platoon
under gas and shell fire to a position on a hill, he was killed in action by enemy
fire; and
WHEREAS, First Lieutenant Guy J. Winstead was awarded posthumously by the President of
the United States, authorized by Act of Congress, the Distinguished Service Cross,
the second highest award for heroism presented to a combat Army veteran;
WHEREAS, Criteria for this distinguished award states “the act or acts of heroism must have
been so notable and have involved risk of life so extraordinary as to set the
individual apart from their comrades.” Recipients of the Distinguished Service
Cross are eligible to have a roadway dedicated that is five miles or less.
NOW, THEREFORE, BE IT RESOLVED that the Person County Board of County
Commissioners, requests the NC Board of Transportation’s consideration to 1) exempt the
requirement for whom a road named in honor be deceased less than 75 years as the First Lieutenant
Guy J. Winstead made the ultimate sacrifice on the battle field and 2) to approve a section of NC
Highway 57 (Semora Road) starting at Thomas Road (SR 1398) and ending in approximately five
miles just before the Concord Church (SR 1300) and Concord Ceffo Road (SR 1340) intersection
with Semora Road. Be It Further Resolved that the Person County Board of Commissioners
expresses willingness to pay an administrative fee of $2,000 to assist in the costs of this request.
THIS RESOLUTION adopted this, the 11th day of September 2017.
Person County Board of County Commissioners
By: _____(Signed)__________________ Attest:________(Signed)___________________
Tracey L. Kendrick, Chairman Brenda B. Reaves, Clerk
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PERSON COUNTY AGING PLAN:
Person County Senior Center Aging Services Director, Maynell Harper introduced
Ms. Jillian Hardin, Kerr Tar Council of Government Area Agency on Aging Director to
present the Person County Aging Plan to the Board for approval. Ms. Harper noted about
a year ago, the Kerr Tar Area Agency on Aging, along with the Person County Senior
Center sought public input to begin the planning process to compile a county-wide aging
plan. She added that two public forums were held and a committee of diverse community
partners worked together to identify goals and plan strategies to enable Person County to
expend and sustain services for older adults.
Ms. Hardin shared the following presentation with the group:
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Ms. Harper shared the following presentation to illustrate the Senior Center’s
increased participation from 70 individuals to over 200 individuals including over 100
volunteers in the new facility:
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Commissioner Clayton thanked Ms. Hardin, Ms. Harper and Mr. Robert Allen, who
was present in the audience, for the committee’s effort putting together the County’s Aging
Plan.
A motion was made by Commissioner Jeffers and carried 5-0 to adopt the Person
County Aging Plan as presented. The Person County Aging Plan, as presented, is herewith
incorporated into the minutes by reference with a copy filed in the office of the Clerk to
the Board.
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SALE OF SURPLUS PROPERTY: RESOLUTIONS AUTHORIZING UPSET BID
PROCESS FOR OLD SENIOR CENTER AND OLD HOTEL:
Assistant County Manager, Sybil Tate stated the Board solicited initial offers for
the following two surplus properties:
1. “Old Senior Center building and green space”- .54 acres, record number 16471
2. “Old Hotel lot”- .49 acres, record number 10534
Ms. Tate noted that NC General Statute 160A allows for the sale of surplus property
via the upset bid process. Ms. Tate further noted that this process begins with an initial
offer. She said initial offers have been received for both the Old Senior Center and the Old
Hotel in the following amounts:
1. Old Senior Center - $500 from Chairman Tracey Kendrick
2. Old Hotel lot - $22,500 from John Dixon
Ms. Tate stated the initial offer will be advertised and new bids that are not less
than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of
the remainder will be solicited for the 10 days following. All bids are to be submitted to
the Clerk to the Board of County Commissioners along with a 5% deposit. The Clerk will
determine the highest, eligible bid and then solicit further bids. This process will be
followed until no further bids are received. The first advertisement will be published in
the local paper on September 16, 2017 with bids due by 5:00pm on September 25, 2017.
Ms. Tate stated in order to begin the upset bid process, the Board must adopt the
resolutions authorizing the upset bid process for the Old Senior Center and Old Hotel
properties. Ms. Tate requested the Board to adopt the resolutions and begin the upset bid
process.
Chairman Kendrick asked the Board to make a motion to recuse him from the
discussion and action related to the Sale of Surplus properties.
A motion was made by Commissioner Puryear and carried 4-0 to recuse Chairman
Kendrick from the discussion and action related to the sale of surplus properties as he
retained one of the bids discussed.
A motion was made by Commissioner Jeffers and carried 4-0 to adopt Resolutions
to Authorize the Upset Bid Process for both the Old Senior Center and the Old Hotel
surplus properties.
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PERSON COUNTY FALSE ALARM ORDINANCE:
Emergency Services Director, Doug Young stated the False Alarm Ordinance had
been developed as a result of Commissioner Jeffers’ request on behalf of the Volunteer
Fire Departments (VFDs) to reduce the number of false fire alarms, which burden county
and VFDs’ resources.
Mr. Young noted that the Inspections Director, Dale Tillman and the Fire Inspector,
William Lingle, through research found that the County’s current rules applied to
commercial alarms only. Through the group’s effort, the proposed Person County False
Alarm Ordinance will apply to both commercial and residential false alarms.
Mr. Young highlighted the proposed False Alarm Ordinance as follows:
Applies to both commercial and residential false fire alarms county-wide,
Enforced by the Inspections Department, with cooperation from the VFDs,
Assesses the following fines;
For false alarm 1 through 2- written warning,
For false alarm 3 through 5 a fine of $50.00 each,
For false alarm 6 through 7 a fine of $100.00 each,
For false alarm 8 through 9 a fine of $250.00 each,
For false alarm 10 and up a fine of $500.00 each,
Uses the fiscal year as the period of time to determine the number of false alarms
per year,
Defines the appeal process; allows for a written appeal to the Inspections Director,
Provides options for cost recovery – lien, debt set off, etc., and
Effective upon date of adoption by the Board of Commissioners.
Commissioner Jeffers asked staff if the fees through the assessment of fines would
be deposited into the County’s General Fund with tracking for reimbursement to the VFDs
that run the false alarms. County Manager, Heidi York stated the fines would be collected
through the Inspections Department at the time of enforcement and deposited into the
County’s General Fund. She added that a tracking could be set up for the end of the fiscal
year allocation to the VFDs, should that be the desire of the Board.
Commissioner Jeffers suggested staff track the fines with one-half of the fines
collected retained in the General Fund and the other one-half of fines collected be
distributed to the VFDs that run the false alarm calls.
The Person County False Alarm Ordinance may be adopted by the Board of
Commissioners at its first reading by unanimous vote. If not, a second reading will take
place at the Board’s next meeting for adoption with two prevailing majority votes.
A motion was made by Commissioner Jeffers and carried by unanimous vote 5-
0 at its first reading to adopt the Person County False Alarm Ordinance as presented.
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DRAFT OF TRANSFER STATION REQUEST FOR PROPOSALS:
Assistant County Manager, Sybil Tate said the Board, at its meeting on August 21,
2017, requested staff to draft a Request for Proposal (RFP) to manage the transfer station.
Ms. Tate presented a draft of the RFP. Below are the highlights:
1. Services include the following:
a. Operations and Maintenance of the transfer station,
b. Hauling waste to the Granville County landfill and recycling to the MRF,
and
c. Operating the scale house (requires board determination).
2. Cost is based on tons managed and adjusted annually by the CPI for the operations
and maintenance services,
3. Cost is based on tons managed and adjusted quarterly by the diesel fuel index for
the hauling services,
4. Cost is based on monthly operating costs and adjusted annually by CPI for the scale
house services,
5. Date to begin operations is July 1, 2018,
6. Includes a commitment from the county to up-fit the old transfer station, which is
estimated to cost $500,000,
7. Contract will be for 7 years, with 3, 1-year renewal options by the County,
8. Does not guarantee the amount of waste to be managed at the transfer station,
9. Provides the following preliminary dates for the RFP process:
Task/ Activity Event Date (and Time)
Issue RFP September 12, 2017
Mandatory Pre-Proposal Conference September 26, 2017
Final Day to Submit Requests for Information and Questions October 10, 2017
Proposal Submittal Date November 6, 2017, 3pm
10. Uses the same hours and holidays as the existing landfill,
11. Requires litter clean-up for three miles around the entrance of the landfill on Cedar
Grove Church Road, and
12. Bids are valid for 180 days after the November 6, 2017 due date.
Ms. Tate requested the Board to provide staff with feedback for the draft RFP. She
informed the Board that the state permitting process was complicated, expensive and time
consuming and estimated the costs to be $25,000 to $35,000 for a new permit or $20,000
for a modified permit. Ms. Tate noted the state was unwilling to set a timeframe because
the information required for a permit was dependent upon information from other state
agencies, i.e., a traffic study from the Dept. of Transportation as well as an erosion and
sedimentation control study. In addition, the project would require local ordinance
approval through a special use permit. The special use permit dictated a site plan,
topography, buildings, buffers and other features to which would have to be created by an
engineer. She further noted the most important piece would be an updated operations plan
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to outline the facility’s daily operations; the companies responding to the RFP would use
the operations plan to submit its proposal.
Commissioner Puryear asked Ms. Tate if any county personnel were proposed to
run the transfer station to which she stated there were no county employees included in the
RFP noting there would be a need for county staff to be a source of answers for questions.
She indicated she wrote the draft RFP for an opportunity for a business to operate the daily
business of the transfer station.
While Commissioner Jeffers stated he had no issue with the additional expense to
determine if the old landfill was a viable site for a transfer station, Commissioner Puryear
disagreed calling the proposed transfer station catastrophic and detrimental to the county’s
finances noting a tax increase would be inevitable with the cost of operating a transfer
station would be passed on to the consumers. Commissioner Jeffers advocated for the
Board to consider its options to handle Person County’s trash only and not take in trash
from 60 miles and beyond. Commissioner Puryear stated he has requested the Economic
Development Director to conduct a solid waste survey for input from the County’s
corporate citizens.
Vice Chairman Powell stated his desire to have more information for an informed
decision but noted his opposition to spending funds without any guaranteed results as it
had not been determined that the Board would choose the transfer station option in the end.
Ms. York stated issuing a RFP was not the appropriate vehicle to gather further
information noting other communities have employed a consultant to perform studies to
gather needed information. Ms. Tate added the consultant used by Person County had
completed a comprehensive study noting all the options available to Person County. Ms.
York asked County Attorney, Ron Aycock to address a third option by the Board, in
addition to the first option to continue the contract and keep the landfill open, and second
option to solicit a company to operate a county transfer station at the old landfill site, which
was to do nothing.
Mr. Aycock stated that legislation passed by the General Assembly, currently
pending before the Governor shall prohibit counties or cities from directing the flow of
waste. Mr. Aycock noted the current law allows counties to dictate that all waste in the
county must be delivered to a set place. He noted he would have to research if this applied
to cities as well. Mr. Aycock said the new proposed law does not allow counties to direct
the flow of waste noting it could go to any licensed, permitted waste facility. He added
that if the Governor vetoes, it could very well be overridden as most of his vetoes have
been overridden.
Mr. Aycock referenced a law that a county ought to provide for a way to dispose of
solid waste within its county; he emphasized the words “ought to” and not the word “shall”
noting there were no sanctions in the current law. He added that counties ought to take
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into consideration the health and environmental considerations in doing so. Mr. Aycock
stated the Board has an option to do nothing, and to neither have a transfer station nor a
landfill within the county, to in effect, give the City of Roxboro and the private haulers the
opportunity to find a place to dispose of the waste they pick up. Mr. Aycock warned that
the do nothing option may enable illegal dumping or even environmental problems.
A motion was made by Commissioner Clayton and failed 2-3 to proceed with the
permitting process. Commissioners Clayton and Jeffers voted in favor of the motion.
Chairman Kendrick, Vice Chairman Powell and Commissioner Puryear voted in
opposition to the motion.
CHAIRMAN’S REPORT:
Chairman Kendrick thanked the group for accommodating his needs to join the
meeting via conference call as he was currently in Anderson, South Carolina helping with
hurricane restorations. Chairman Kendrick left the meeting at 8:17pm following his report.
MANAGER’S REPORT:
County Manager, Heidi York reported a Substance Abuse Summit would be held
on September 13, 2017 at the Kirby Upstairs from 11:00am to noon with lunch provided.
She added that the Good Morning Coffee Hour would also be focusing on substance abuse
held the same date at 8:00am at the Golden Corral, with an additional training being offered
in between the two events.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported the Environmental Committee recently met. He
added the Helena School Environmental Club, along with a group of volunteers was
planning a Farm to Fork style dinner on September 25, 2017 to be held at Helena
Elementary School at a cost of $25 each, with the menu created by executive chef, Kyle
Wilkerson of The Heirloom, a Poppa Paul Kitchen. Tickets can be purchased from Helena
School or the Farm to Home Market at Hall’s Way.
Commissioner Jeffers stated in May of this year, Helena was awarded a grant from
the NC Green Power, a Raleigh based non-profit, focusing on improving NC’s
environment by supporting renewable energy. The grant requires matching funds from the
school and will provide up to $10,000 toward solar panel array that can produce enough
energy to power at least five classrooms as well as be used for instructional purposes.
Commissioner Jeffers said that on September 14, 2017 at 2:00pm the Semora Fire
Department will be holding a fire engine dedication.
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Commissioner Clayton commented his desire of the Patriot Day event be continued
each year. He also reported the Kerr Tar Council of Government (COG) will be holding
its Awards Banquet on September 28, 2017 at the Vance Granville Community College to
which he will be holding the office of Vice Chair. Commissioner Clayton stated the COG,
as a regional organization, assists with work force development, housing rehabilitation,
senior center and other programming.
Commissioner Puryear reported he attended the expansion ceremony for the work
force development with the COG in Granville County. He added that the Person County
Museum of History will be holding a 225th Anniversary celebration of Person County on
September 29, 2017 and encouraged anyone interested to contact the museum for tickets.
Vice Chairman Powell stated the Patriot Day event was quite moving and was well
spoken and well attended carrying on the history to never forget. He said he also attended
the work force development meeting that Commissioner Puryear spoke of noting they are
an organization that offers many resources to businesses and industries.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 8:24pm.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 300
Public Safety 116
Human Services 21,746
Cultural and Recreation 1,075
REVENUES General Fund
Intergovernmental 21,746
Other Revenues 4,375
Fund Balance Appropriation (2,884)
EXPENDITURES Airport Capital Construction Fund
Airfield Sign Replacement 60.9.1 82,663
REVENUES Airport Capital Construction Fund
State-60.9.1 Airfield Sign Replacement 74,396
Local-60.9.1 Airfield Sign Replacement 8,267
Explanation:
BUDGET AMENDMENT
Receipt of Wellness Gym Fees ($300); recognize rent of Workforce Training building by PCC ($3,000) and reduce
fund balance appropriation (-$3,000); receipt of donation to Sportsplex ($250); receipt of donation to Mayo Park
($825); carryforward of United Way donation to the Great Program from FY17 ($116); adjustments to DSS
intergovernmental grants ($21,746); additional airport grant funds allotted from DOT ($74,396) for the Airfield Sign
Replacement Project at the Airport which requires local matched funds ($8,267).
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Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 2
Public Safety (1)
Explanation:
BUDGET AMENDMENT
Due to rounding issues, the carryforward budget amendment report for September 11, 2017 was unbalanced in
the General Government and Public Safety functional areas. This amendment will correct those rounding errors
by increasing the General Government expenditure budget by $2 and reducing the Public Safety expenditure
budget by $1.
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AGENDA ABSTRACT
Meeting Date: October 2, 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:
Staff has 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, staff generated a list of one-time projects that could be funded. Below is staff’s funding
recommendation:
Drug Court- $20,000
40 Naloxone kits and training for first responders- $3,500
Safe room at the hospital - $5,000
Drop boxes at pharmacies - $8,000
Red Ribbon Campaign through schools- $1,696
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 2, 2017
Agenda Title: New NC Statute requires changes to the Person County Animal Ordinance
Summary of Information: The North Carolina General Statue regarding the measures of rabies
control is changing on October 1, 2017. In this new statute, it states that 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. The Person County Ordinance
will need to be revised to reflect these changes.
Recommended Action: Adopt the Person County Animal Services Ordinance as presented.
Submitted By: Ron Shaw, Person County Animal Services Director
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PERSON COUNTY ANIMAL SERVICES ORDINANCE
The Person County Board of Commissioners is authorized under the provisions of G.S. 153A-121,
153A-153 and 153A-442 to adopt ordinances.
SECTION 1: DEFINITIONS
As used in this ordinance the following terms mean:
A. Animal Services Officer: A county employee designated as Person County Animal
Services Officer, Person County Animal Services official or other designations that may
be used whose responsibility includes Person County Animal Services.
B. Owner: Any person, group of persons, firm, partnership or corporation owning,
keeping, having charge of, sheltering, feeding, harboring or taking care of any animal.
The owner is responsible for the care, actions, and behavior of his animals.
C. Kennel, Dealer, Breeder, or Pet Shop: Any person, group of persons, partnership, or
corporation engaged in buying, selling, breeding or boarding pet animals.
D. At Large: Any animal shall be deemed to be at large when he is off the property of his
owner and not under control of a competent person.
E. Restraint: An animal is under restraint within the meaning of this ordinance if he is
controlled by means of a chain, leash or other like devise; or, is secured within a vehicle
being driven or parked; or, is within a secure enclosure.
F. Spayed Female: Any female which has been operated upon to prevent conception.
G. Neutered Male: Any male which has been operated upon to prevent reproduction.
H. Animal Shelter: Any premises designated by the County for the purpose of
impounding and caring for animals found running at large or otherwise subject to
impoundment in accordance with the provisions of this ordinance.
I. Exposed to Rabies: An animal has been exposed to rabies within the meaning of this
ordinance, if it has been bitten by, or been exposed to any animal known or suspected to
have been infected with rabies.
J. Potentially Dangerous Dog: A dog that:
1. Inflicted a bite on a person either upon public or private real property
2. Killed or inflicted severe injury upon a domestic animal when not on the
owner’s real property.
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3. Approached a person when not on the owner’s property in a vicious or
terrorizing manner, or an apparent attitude of attack.
K. Dangerous Dog: A dog that:
1. Without provocation has killed or inflicted severe injury on a person; or animal.
2. Is declared vicious by the Director of Person County Animal Services pursuant to
N.C.G.S. 130A-200.
3. Is determined by the Director of Person County Animal Services to be dangerous
and, after this determination, engages in one or more of the behaviors listed in
subsection J of this section.
L. Stray Dog or Cat: Any dog or cat, within the County wandering at large or lost and
does not have an owner, or any dog or cat, within the County, whose owner fails to list
animal for license purposes, or fails to have said dog or cat vaccinated against rabies by
a veterinarian, or any dog or cat not wearing a collar and current rabies tag.
M. Acts Deemed Public Nuisance: An act of public nuisance is defined as any animal that
repeatedly chases snaps at, or attacks pedestrians, bicyclists or vehicles and also
includes animals that turn over garbage pails, damages gardens flowers or vegetables.
Public nuisance includes the owner permitting a female animal to run at large during the
estrous stage of reproduction.
N. Rabies Vaccination: the administration of rabies vaccine by a licensed veterinarian or
by a certified rabies vaccinator. Rabies vaccines given by a certified rabies vaccinator
are only valid for one year. Rabies vaccines given by a veterinarian are valid for one
year to three years as determined by State Law.
O. Animal: refers primarily to domestic cats and dogs unless provided for by state law.
Domestic livestock is part of the jurisdiction of Person County Animal Services as set
out by state law. Ferrets are included for the purpose of rabies vaccines.
P. Proof of Ownership: Can include but is not limited to veterinary records, photos,
registration papers, bill of sale, microchip or adoption contract.
SECTION 2: DUTIES OF PERSON COUNTY ANIMAL SERVICES DEPARTMENT:
The State laws regarding the care of animals will be enforced by the Person County Animal Services
Department of Person County.
The Person County Animal Services Department shall be further charged with the responsibility of:
A. Enforcing all State or County laws, ordinances and resolutions relating to dogs and cats,
and the care, custody and control of animals.
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B. Aiding the Health Director to insure public safety and assisting in the enforcement of
the laws of the State of North Carolina with regard to animals and especially with
regard to vaccination of animals against rabies and the confinement or leashing of
dangerous and potentially dangerous animals.
C. Investigating animal cruelty, neglect or abuse.
D. Making such canvasses of the county, including the homes in the county, as it deems
necessary for the purpose of ascertaining that all dogs, cats and ferrets are vaccinated
against rabies.
E. Operating, pursuant to policies of the Board of County Commissioners;
F. Maintaining a reference file of rabies vaccination all in accordance with the provisions
of this ordinance and the policies of the Board of County Commissioners.
SECTION 3: DOGS, CATS AND FERRETS MUST WEAR COLLAR AND RABIES TAG
A. It shall be unlawful for any dog, cat or ferret owner to fail to comply with the State laws
relating to the control of rabies. It shall be unlawful for any dog, cat or ferret owner to fail
to provide any dog, cat or ferret he or she owns with a suitable collar or harness for the
wearing of the rabies tag to be issued upon vaccination.
B. The rabies tag is to be worn by said dog or cat at all times except as otherwise provided by
State Law. Exceptions include but are not limited to performing at shows, obedience trials,
tracking tests, field trials, training schools or other events sanctioned and supervised by a
recognized organization and a hunting dog owned by a person who has a valid license to
hunt in Person County or in the state of North Carolina and the dog is engaged on a hunt or
training for a hunt and the dog has been vaccinated against rabies. Proof of rabies must be
presented upon request of the Person County Animal Services Officer as required by the
NC G.S. 130A-192.
C. Unless proof of rabies vaccination is available, it shall be the duty of the Person County
Animal Services staff to insure that any redeemed animal over the age of four months is
vaccinated against rabies at the owner’s expense before release and that a record be
maintained of the vaccination.
D. A dog, cat or ferret is subject to impoundment in accordance with the provisions of this
ordinance if it is not wearing a current rabies tag or if the owner cannot furnish evidence of
vaccination.
E. It shall be unlawful for any person to use for any animal a rabies vaccination tag not issued
for that animal.
F. It is recommended that animals be micro-chipped in the event that the collar and tags are
lost for identification purposes.
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G. It is the purpose of this ordinance to supplement the State law by providing a procedure for
the enforcement of State laws relating to rabies control.
SECTION 4: POSSESSION OF DOGS OR CATS
It shall be unlawful for any person knowingly to harbor, feed, or keep in his possession, by
confinement or otherwise, any dog or cat that does not belong to him unless he has:
A. The consent of the owner or custodian of the dog or cat.
B. If a dog or cat is not wearing tags, or other mode of identification indicating its owner, and
is delivered to an animal shelter by;
1. A person who has found and captured the dog or cat.
2. By an approved rescue organization that received the dog or cat from a person
who found and captured the dog or cat.
3. The Person County Animal Services’ shelter may, in writing, appoint the finder
or approved rescue organization to be the agent of the Person County Person
County Animal Services’ shelter.
4. For purposes of this subsection, the term “approved rescue organization” means
a nonprofit corporation or association that cares for stray animals that has been
favorably assessed by the Director of Person County Animal Services through
the application of written standards.
a. The finder or approved rescue organization shall hold the dog or cat for
the 72-hour holding period.
b. After the expiration of the applicable holding period, the shelter may:
1) Transfer the dog or cat to the person or organization that has held
it as agent.
2) Extend the period of time the finder or rescue organization holds
the dog or cat as agent of the shelter.
c. The privilege to act as an agent for the shelter may be revoked during the
holding period at any time by directing the finder or rescue organization
to deliver the animal to the shelter.
d. The city, county, or organization operating the animal shelter, as
principal in the agency relationship, shall not be liable to reimburse the
agent for the costs of care of the animal and shall not be liable to the
owner of the animal for harm to the animal caused by the agent.
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e. During the 72-hour or longer holding period established an animal
shelter may place an animal it is holding in foster care.
f. If the Person County Animal Services’ shelter transfers physical
possession of an animal under subsections of this section a photograph
which depicts the head and face of the animal shall be displayed at the
shelter in a conspicuous location that is available to the general public
during hours of operation. This will remain posted for the 72-hour or
longer holding period.
Comments: Humane traps may be obtained from Person County Person County Animal Services on a
first come first serve basis for domestic dogs or cats only. There will be a deposit fee. See Appendix A.
SECTION 5: POSSESSION OF LIVESTOCK
The Person County Animal Services Department shall enforce the applicable State Laws in reference
to the care and possession of livestock.
SECTION 6: POST RABIES VACCINATION AND CONTROL EXPOSURE
MANAGEMENT
It shall be unlawful for an owner to fail to provide current vaccination against rabies for his dogs, cats
and ferrets over the age of four months as required by State law.
Should it be deemed necessary by the County Health Director or Board of County Commissioners that
it is necessary for other animals to be vaccinated for rabies, the owner must insure they are vaccinated
in order to prevent a threatened epidemic, or to control an existing epidemic. It shall be unlawful for an
owner to fail to provide current rabies vaccination against rabies for those animals, provided that rabies
vaccination is available for those species.
A. Bite Cases:
1. Every animal which has bitten a human or domestic animal shall be confined
immediately and shall be promptly reported to the Person County Animal Services
Department.
2. The animal shall be securely quarantined under the direction of the Person County
Animal Services Department for a period of 10 days, and shall not be released from
such quarantine except by written permission from the Person County Animal Services
Department.
3. The biting animal and its records of rabies vaccination shall be inspected by the Person
County Animal Services Officer. The following policy will then be observed:
a. A properly rabies vaccinated dog, cat or ferret may be confined on the owner’s
premise provided that an Person County Animal Services Officer determines
that the owner has an adequate means of confinement upon his own premises.
The animal must be available for observation by the officer at any time during
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the 10 day period.
b. A dog, cat or ferret not properly vaccinated against rabies, belonging to an
owner, shall immediately be confined in a veterinary hospital or the county
Animal Shelter at the expense of the owner for the 10 day confinement. The
dog, cat or ferret shall not be vaccinated during confinement.
c. At the end of 10 days, the animal must be vaccinated at the owners’ expense by
a certified rabies vaccinator before release in addition to the other fees.
d. A biting stray dog, cat or ferret shall immediately be confined in the County
Animal Shelter for a 10 day period.
Comments: Rabies vaccinations are available for some other animals through a licensed veterinarian.
B. Surrender for Quarantine Required on Demand:
It shall be unlawful for any person to refuse to allow an investigation by the Person County
Animal Services Department upon demand, of any animal which has bitten a human,
domestic animal or has been in an encounter with a suspected rabid animal.
It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or
destruction as required, when demand is made by the Person County Animal Services
Department or the County Health Director.
C. Rabies Diagnosed:
If an animal dies or appears ill while under observation for rabies, then the head of such
animal must be submitted to the State Public Health Lab to test for rabies. This method is
the only approved way to diagnosis rabies. The body cannot be reclaimed. It must be
disposed of by Person County Animal Services to protect public health. It shall be unlawful
for any person to kill or release any animal under observation for rabies, any animal
suspected of having been exposed to rabies, any animal which has bitten a human, or to
remove such animal from the County without written permission from the Person County
Animal Services Department and the County Director of Public Health.
D. Emergency Quarantine and Procedure:
When reports indicate a positive diagnosis of rabies, the local health director or the
appointed acting agent may order an area wide quarantine within Person County for a
period as he/she deems necessary. Each member of the Person County Animal Services
Department, Police and Sheriff’s Department is authorized during such quarantine, to
impound or after reasonable effort has been made to apprehend the animals to destroy the
uncontrolled dogs and cats and properly dispose of their bodies. During the quarantine
period, the Person County Animal Services Department or the local health authorities shall
be empowered to provide a program of mass immunization by the establishment of
temporary emergency rabies vaccination clinics strategically located throughout the
County. When a township is under rabies quarantine, animals are not allowed to be
adopted from Person County Animal Services during the period of rabies quarantine for six
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months if the animals have been impounded by reason of being a stray, unclaimed by the
owner or surrendered without a current rabies vaccination. In the event there are additional
positive cases of rabies occurring, the period of quarantine may be extended at the
discretion of the local health director or an agent acting on his or her behalf. (NCGS130A-
195)
Comment: In the event of activities requiring rabies Quarantine of all or a portion of the County, the
County Health Director may require greater enforcement activities to protect the public and to control
an outbreak.
E. Current Rabies Vaccination:
Animals that are brought into this State unvaccinated shall immediately be securely
confined and shall be vaccinated within one week. The animal then shall remain confined
for two weeks after vaccination. An animal brought into this State accompanied by a
certificate issued by a licensed veterinarian showing that the animal is currently vaccinated
against rabies is not required to get a booster. See NC G.S.130a-193.
Comment: North Carolina State rabies vaccination requirements are for cats, dogs and ferrets to
have a one year rabies vaccine at four months of age. A booster vaccine is given one year later. Later
booster vaccines are administered every three years thereafter if given by a licensed veterinarian.
Vaccines given by a certified rabies vaccinator are only good for one year. The animal must be
revaccinated at intervals as required by law throughout their lifetime.
F. Exposed animals
If an animal is bitten or exposed to a proven rabid animal or animal suspected of having
rabies that is not available for laboratory diagnosis, it shall be destroyed immediately by its
owner, the County Person County Animal Services Officer, a law officer or licensed
veterinarian unless the animal has been vaccinated against rabies in accordance with this
Ordinance, the rules and regulations of the Person County Health Department and NC State
Law more than 28 days prior to being bitten or exposed, and is given a booster of rabies
vaccine within three days of the bite or exposure. It shall be unlawful for any person to fail
to surrender said unvaccinated animal to the Person County Animal Services Department
on demand for compliance with any protocol established by the Person County Health
Director for handling of rabies exposure incidents.
The carcass of any dead animal suspected of dying with rabies shall be reported to the
Person County Health Department. If the Health Department deems it necessary, the
animal’s carcass shall be surrendered to the Person County Animal Services Department.
The head of such animal shall be submitted to the Person County Health Department for
shipment to the State Public Health Lab for testing.
A. The Person County Animal Services Department shall enforce the applicable state
laws related to post rabies exposure management. As of October 1, 2017, The
General Assembly enacted General Statute 130A-197 which reads as rewritten:
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§ 130A-197. Management of dogs, cats, and ferrets exposed to rabies.
When the local health director reasonably suspects that an animal required to be
vaccinated under this Part has been exposed to the saliva or nervous tissue of a proven
rabid animal or animal reasonably suspected of having rabies that is not available for
laboratory diagnosis, the animal shall be considered to have been exposed to rabies.
The recommendations and guidelines for rabies post-exposure management specified by
the National Association of State Public Health Veterinarians in the most current edition
of the Compendium of Animal Rabies Prevention and Control shall be the required
control measures.
B. The current compendium of animal rabies prevention and control can be found at
the National Association of Public Health Veterinarians website www.nasphv.org
and posted at the Animal Services Department offices.
SECTION 7: POTENTIALLY DANGEROUS OR DANGEROUS ANIMALS
The behaviors that can result in a dog being considered potentially dangerous or dangerous are listed in
the definitions.
A. The provisions of this Section do not apply to a dog being used by a law enforcement
officer to carry out the law enforcement officer’s official duties. A working dog will be
handled in accordance with state law. A dog shall not be considered a dangerous dog under
this Article if the injury inflicted by the dog was sustained by a person who, at the time of
the injury, was committing a willful trespass or other tort, was tormenting, abusing, or
assaulting the dog, had been observed or reported to have tormented, abused, or assaulted
the dog, or was committing or attempting to commit a crime.
B. The Director of Person County Animal Services must notify the owner of a potentially
dangerous dog in writing giving the reasons for his determination that the animal is
dangerous under this Section. The owner may appeal the determination of the Person
County Animal Services Director by giving written notice of the appeal within 5 days of
receiving this notification. Written notice of appeal should be sent to the Director of Person
County Animal Services. The dog will be considered potentially dangerous pending the
appeal. The appeal will be reviewed by the Person County Animal Services Advisory
Committee within 2 weeks. The owner will be notified of the Committee’s decision within
10 days. The committee’s decision can be appealed to Superior Court within 10 days
pursuant to NC G.S. 67-4.1 Chapter 10.
C. It is unlawful for an owner to:
1. Leave a dangerous dog unattended on the owner’s real property unless the dog is
confined indoors, in a securely enclosed and locked pen, or in another structure
designed to restrain the dog.
2. Permit a dangerous dog to go beyond the owner’s real property unless the dog is
leashed and muzzled or is otherwise securely restrained and muzzled.
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D. If the owner of a dangerous dog or a potentially dangerous dog transfers ownership or
possession of the dog to another person, the owner shall provide written notice to the
Director of Person County Animal Services, stating the name and address of the new owner
of the dog and to the person taking possession of the dog; specifying the dog’s dangerous
behavior and the Director of Person County Animal Services’ determination.
E. A dog that has been determined to be dangerous or potentially dangerous may be humanely
destroyed in the following instances:
1. If the Director of Person County Animal Services determines that a dog that was
previously determined to be dangerous or potentially dangerous either bit a
person so as to cause a break in the skin or was at large on two or more separate
occasions after such determination, the Director of Person County Animal
Services may seek a court order that the dog to be humanely destroyed.
2. If the Director of Person County Animal Services in determining that a dog is
dangerous or potentially dangerous also determines that the dog, without
provocation, has killed or inflicted severe injury on a person, the Director of
Person County Animal Services may seek a Court Order that the dog be
humanely destroyed.
F. A dog that has been determined to be dangerous or potentially dangerous may not be
released from the animal shelter except to original owner.
G. The owner or custodian of any dog that has been determined to be dangerous or potentially
dangerous, shall report immediately to the Person County Animal Services Officer if the
dog gets loose or is otherwise unconfined or it attacks a person or another animal.
H. An Person County Animal Services Officer shall inspect the premises where a dog
determined to be dangerous is kept to insure it conforms to the requirements of this
ordinance.
I. If an animal is observed engaged in any of the acts identified as a public nuisance as
defined in the definition section of this ordinance, and an official complaint is filed and the
owner, if known, is notified the owner is required to keep said animal contained. Each day
said animal is not contained, constitutes a separate violation of this ordinance and the owner
shall be so charged with violation of this ordinance.
SECTION 8: NOISY DOGS
It shall be unlawful for the owner or custodian of any dog to allow it to bark, whine, howl, or make any
other noise for a protracted period so as to result in a serious annoyance or interference with the
reasonable use and enjoyment of neighboring premises.
SECTION 9: PUBLIC NUISANCE
It shall be unlawful for the owner or custodian of any domestic animal to repeatedly chase, snap at, or
attack pedestrians or vehicles or to turn over garbage pails, damage garden flowers or vegetables. It
shall also be unlawful for the owner or custodian to permit a female animal to run at large during the
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estrous stage of reproduction.
SECTION 10: INJURING ANIMALS, NOTICE REQUIRED
It shall be unlawful for any person to injure a domestic animal by running over, into, or coming into
contact with animal, by automobile, motorcycle, bicycle, or other vehicle and fail to notify
immediately, the owner of the animal or Emergency Communications for the appropriate response.
SECTION 11: CRUEL TREATMENT
It shall be unlawful for any person to tease, bait, molest, torture, deprive of necessary sustenance, or
cruelly beat, mutilate or kill, wound, injury, poison, abandon or subject to conditions detrimental to its
health or general welfare any animal or to cause or procure such action. The words “torture, or
cruelly” shall be held to include every act omission or neglect whereby unjustifiable physical pain,
suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful
shooting of birds, deer and other game for human food nor to prohibit the lawful trapping of game
pursuant to the provisions of the NC General Statues and the regulations of the Wildlife Resources
Commission; nor to prohibit the Person County Animal Services Department or their agents or
veterinarians from destroying dangerous, unwanted or injured animals in a humane manner.
SECTION 12: MANNER OF KEEPING AND TREATING ANIMALS GENERALLY
In accordance with State Laws any person must provide domesticated animals with adequate shelter,
proper food, adequate water and space in accordance with the standards set out in subsections A-C
below. In addition, the provisions of subsections D and E shall apply to dogs and cats and sick or
injured animals.
A. Adequate shelter means provision of and access to shelter that is suitable for the species,
age, condition, size, and type of each animal; provides adequate space for each animal; is
safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse
effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is
properly cleaned; enables each animal to be clean and dry, except when detrimental to the
species; and for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or
similar device that is large enough for the animal to lie on in a normal manner and can be
maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat
floors: (i) permit the animals feet to pass through the openings; (ii) sag under the animals’
weight; or (iii) otherwise do not protect the animals’ feet or toes from injury are not
adequate shelter.
B. Provide proper food and adequate water means provision of and access to clean, fresh
potable water of a drinkable temperature that is provided in a suitable manner, in sufficient
volume, and at suitable intervals appropriate for the weather and temperature, to maintain
normal hydration for the age, species, condition, size and type of each animal, except as
prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or
fasting normal for the species; and is provided in clean, durable receptacles that are
accessible to each animal are placed so as to minimize contamination of the water by
excrement and pests or an alternative source of hydration consistent with generally accepted
husbandry practices.
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C. Adequate space means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn
about, and make all other animal body movements in a comfortable, normal position for the
animal; and (ii) interact safely with other animals in the enclosure. When an animal is
tethered “adequate space” means a tether that permits the above actions and is appropriate
to the age and size of the animal; is attached to the animal by a properly applied collar,
halter, or harness configured so as to protect the animal from injury and prevent the animal
or tether from becoming entangled with other objects or animals, or from extending over an
object or edge that could result in the strangulation or injury of the animal; and is at least
three times the length of the animal, as measured from the tip of its nose to the base of its
tail, except when the animal is being walked on a leash or is attached by a tether to a lead
line. When freedom of movement would endanger the animal, temporarily and
appropriately restricting movement of the animal according to professionally accepted
standards for the species is considered provision of adequate space.
D. Dogs and cats must not be in extended contact with wet surroundings.
E. Sick or injured animals:
1. Where an illness has affected the quality of life or is life threatening shall be
taken to a licensed veterinarian and treatment administered or humanely
euthanized within a 24 hour period.
2. Diseased animals that are contagious to other animals or humans should be
quarantined in an area that can be properly disinfected. They shall be treated
until determined to no longer be contagious or humanely euthanized.
3. Diseased animals that are contagious to humans shall be reported to the state
veterinarian and treated as directed by the state and local veterinarians.
4. Animals infested with parasites shall be treated along with the environment as to
avoid re-infestation.
5. Injured animal with an open wound that exposes deeper tissue, fractured bones,
or persistent pain caused by soft tissue damage, should be treated by a
veterinarian, or humanely euthanized.
The provisions above are in accordance with State Laws for each type of animal under the jurisdiction
of Person County Animal Services. It is recommended that animals have adequate vaccination against
disease, according to the species of the animal. See Appendix A. Animals are required to be on the
owner’s property and under control at all times. The City of Roxboro requires animals to be on a leash
or physically restrained.
SECTION 13: IMPOUNDING ANIMALS
Any animal which appears to be lost, stray or unwanted, or which is found not wearing a current valid
rabies vaccination tag as required by State law, shall be confined in the Animal Shelter in a humane
manner for a minimum of (3) business days, for redemption by the owner and a maximum of 15
business days for adoption. Animals may be redeemed once it is established to the satisfaction of the
Person County Animal Services Director that it has been vaccinated against rabies. If the animal has
not been vaccinated against rabies, the animal will be vaccinated before release at the owner’s expense.
The owner will be given a date by which the vaccine must be given to any animal under 4 months.
(Refer to section on Rabies control)
A. Sale or Destruction: If an impounded animal is not redeemed by the owner within three (3)
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business days, it becomes the property of the county. As such it may be offered for adoption,
placed with a rescue group or humanely euthanized by the Person County Animal Services
Department. Animals that are sick injured, from a quarantine area, being held for legal reasons
or a danger to the public will not be available unless provided for elsewhere in this ordinance.
Animals may be humanely euthanized in order to comply with regulations governing space
requirements when there is insufficient space and that situation will be noted on the records.
B. Adoption: The animal can be adopted by any responsible adult who is willing to comply with
the Person County Animal Services ordinances and the conditions of the adoption contract.
Identification will be required. The adoption fees and spay/neuter deposit must be paid at the
time of adoption. (See Appendix A)
C. Notifying Owner: Immediately upon impounding an animal, the Person County Animal
Services Department will make reasonable efforts to notify the owner, and inform such owner
of the conditions under which the animal may be reclaimed.
D. Animal Rescue Organizations: It is the county’s policy to make animals available to
organizations in order to attempt to find homes for as many animals as possible, reduce
euthanasia rates and for all organizations that care for homeless animals to work together to
provide the greatest opportunity for adoption without prejudice towards organizations that are
forced to euthanize animals. It is further the County’s policy to foster a community cooperative
approach to reducing pet overpopulation with all shelters and rescue groups working together to
place all healthy, adoptable animals with families in their community. Animal protection and
rescue organizations that possess an IRS Code section 501 designation and meet the requirements
of Appendix B shall have the right to obtain possession of any animal in the possession of the
County set out in this ordinance except for animals which are rabid or suspected to be so,
necessary for criminal or civil judicial purposes, necessary for the disposition of law enforcement
investigations, required to be held or disposed of to protect the public health or safety of the
citizens of the county or ordered to be held or disposed of by a court of competent jurisdiction.
In making animals available to organization as provided for in this subsection, the County does
not warrant the physical condition or disposition of any animal. The organization obtaining
animals hereunder shall be responsible for any and all damages and injuries sustained by any
person or animal on account of such animals and shall hold the County harmless for any claims
of damages and injuries sustained by any person or animal on account of such animals.
(Refer to Appendix B for guidelines and information for animal rescue organizations who want
to take possession of an animal at the shelter.)
E. Intact Dogs and Cats: The Person County Animal Services Department shall require that at
the appropriate age all dogs and cats adopted from the Animal Shelter be spayed or neutered.
The owner must provide proof from the veterinarianerian that surgery has been completed.
F. Suspected Rabies: Animals impounded which have been bitten by a rabid animal or which the
Person County Animal Services Officer has reasonable grounds to suspect has been exposed to
a suspect rabid animal, or appear to be suffering from rabies shall not be redeemed or adopted,
but shall be dealt with as provided in Section 6 entitled “Rabies Vaccination and Control” of
these Ordinances. Unvaccinated animals from a rabies quarantine area cannot be released.
Comments: When quarantine for County has been activated, no animals will be released from the
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shelter, unless it has a current rabies vaccination.
G. Unwanted Animals: If an animal is officially surrendered by the owner to the Person County
Animal Services Department, it may be offered for adoption, placed with a rescue or humanely
euthanized without waiting three (3) days if the owner provides proof of ownership. If animal is
sick or injured, the animal will be euthanized humanely without a waiting period.
H. Diseased or Injured Animals: Any animal impounded which is badly wounded or diseased
(not a rabies suspect) and has no identification shall be humanely euthanized immediately. If
the animal has identification, the Person County Animal Services Department will attempt to
notify the owner before the animal is euthanized, but if the owner cannot be reached, and the
animal is suffering, the Person County Animal Services Department may euthanize the animal
at its discretion, in a humane manner.
I. Feral Animals: The Person County Animal Services Director is primarily responsible for
public health including the employees of the Person County Animal Services Department. If it
is determined that there is a danger to people to hold an animal for three days, the animal may
be humanely euthanized without a waiting period.
SECTION 14: RECLAIM AND ADOPTION PROCEDURE FOR IMPOUNDED ANIMALS
Every person must provide proof of rabies vaccination at the time of reclaim or the animal will be
vaccinated by a certified rabies vaccinator at the owner’s expense. If not four months of age at the time
of reclaim, owner must provide proof of rabies vaccination when animal reaches four months of age.
A. Reclaim Procedure
1. The owner shall be entitled to reclaim his animal, except as provided for in this
ordinance, upon compliance with the provisions of this ordinance and the payment
of shelter fees incurred. In addition to the reclaim fee, a holding fee per day must be
paid before animals may be reclaimed. A rabies vaccine shall be administered at the
shelter before the animal can be reclaimed unless the owner provides proof of a
current rabies vaccine. Owner will be charged for this rabies vaccine. A list of fees
is found in Appendix A.
2. If the dog or cat is under four months, the owner will be given a proof of rabies
vaccination card at the time of the reclaim. This will include the date stating the time
limit allowed to have the dog or cat vaccinated for rabies. The owner must provide
proof of the rabies vaccine and submit a copy to Person County Animal Services. If
this is not returned to Person County Animal Services within the time limit, a Person
County Animal Services’ officer will be dispatched to retrieve the dog or cat and the
owner can be cited for violation of state law.
B. Adoption Procedure
1. All animals will be vaccinated against rabies before leaving the shelter unless they
are under four months of age. Rabies vaccines that are given by a certified rabies
vaccinator are for one year only.
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2. Adoption fee covers age appropriate vaccinations and will be paid at the time of
adoption.
3. There will be a spay/neuter deposit for all animals adopted from the shelter unless
already spayed/neutered. This deposit will be returned once the proof of
sterilization has been returned unless have opted for voucher. The sterilization must
be completed within 30 days if the animal is 6 months of age or older. If the animal
is under six months, a date will be set and listed on the adoption papers. In order to
receive a refund of the deposit, surgery must be done by the date set unless there is a
documented medical reason to delay surgery. (See Appendix C)
4. Documentation from a veterinarian will be required for any spay/neuter deposits to
be returned.
Comments: For a list of these fees, see Appendix A.
SECTION 15: EXEMPTIONS
Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of
animals are exempt from the provisions of this ordinance except for the sections on cruel treatment and
the manner of keeping animals as per state law.
SECTION 16: INTERFERENCE
It shall be unlawful for any person to interfere with a member of the Person County Animal Services
Department or Person County Animal Services Officers or Veterinarians in the performance of any
duty authorized by this ordinance, or to seek to release any animal in the custody of said agents.
SECTION 17: RECORDS
It shall be the duty of the Person County Animal Services Department to keep accurate and detailed
records of:
A. Impoundment and disposition of all animals coming into the Person County Animal
Services;
B. Bite cases, violations, and complaint investigations;
C. All monies belonging to County which were derived from impoundment fees, penalties and
adoption of animals;
D. All other records deemed necessary by the County Manager and/or State law.
SECTION 18: FEES
Fees shall be charged in accordance with schedule of fees adopted from time to time by the Person
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County Board of Commissioners. (See Appendix A).
SECTION 19: PENALTIES
This ordinance may be enforced by any and all of the procedures set out below:
A. Under authority of NC G.S. 153A. 123 (b) violation of this ordinance is a misdemeanor
punishable by a fine and/or imprisonment for not more than thirty days.
B. The Animal Services Officer may institute an action for injunctive relief and an order of
abatement as provided for in NC G.S. 153 A-123 (e) for any condition found unlawful in
this ordinance.
C. The Animal Services Officer may also enforce this Ordinance by issuing a Notice of Civil
Penalty pursuant to NC GS 153A-123(c).
1) The Civil penalties provided for herein shall be as set forth in the schedule of fees and penalties
adopted from time to time by the Person County Board of County Commissioners. Such Civil Penalties
shall be in addition to, and not in lieu of, the Criminal penalties and other remedies provided by this
Ordinance or by State law. The animal services officer shall be authorized to issue a citation to the
person(s), violating this ordinance and shall give notice of the violation in the manner prescribed
below. Citations so issued may be delivered in person or mailed by registered or certified mail, return
receipt requested, to the person charged. The civil penalty or penalties set forth in the citation must be
paid within seventy-two (72) hours of the receipt of the citation and shall be paid to the Animal
Services Department. The Animal Services Department shall forward all such penalties collected to the
Finance Office for the County of Person for application as by law provided.
2) If the person charged fails to pay the civil penalty within seventy-two (72) hours from the time the
citation was issued an additional civil penalty as provided for in the schedule of fees and penalties shall
be assessed.
3) Such civil penalties may be recovered by Person County in a civil action in the nature of debt or
may be collected in such other manner as prescribed herein.
4) Such notice shall, among other things:
a) State upon its face the amount of the penalty, and
b) Provide that such offender may answer the said notice by mailing said notice, and paying the
stated penalty to the Person County Animal Services Department at its mailing address stated in
the notice or by making payment to the Person County Animal Services Department directly
and that upon payment, such case or claim and right of action by Person County will be deemed
compromised and settled, and
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c) State that such penalties must be paid within seventy-two (72) hours from issuance of such
notice, and
d) State that if such notice of violation is not paid within said seventy-two (72) hour period,
civil action to recover the debt may be instituted to include but not be limited to the debt
collection procedures of NC GS Chapter 105A Setoff Debt Collection Act, ( interception of
state income tax refunds), and
e) State that the Person County Animal Services Department is authorized to accept such
payments in full and final settlement of the claim or claims, right or rights of action which
Person County may have. Acceptance of such penalty shall be deemed a full and final release
of any and all such claims, or rights of action arising out of such contended violation or
violations, and
D. Each day of continued violation of this ordinance is a separate and distinct offense as
provided for in NC G.S.153A-123(g).
SECTION 20: PERSON COUNTY ANIMAL SERVICES DEPARTMENT
The Person County Animal Services Department of Person County, as created the 21st day of April,
1981, shall be composed of such positions as shall be determined by the Board of County
Commissioners. The said employees shall be hired and compensated in accordance with the Person
County Personnel Policy.
SECTION 21: ADVISORY COMMITTEE
An Advisory Committee shall advise the Board of County Commissioners and the County Manager
with respect to Person County Animal Services matters. The Advisory Committee is composed of
members appointed by the Board of County Commissioners to serve at the pleasure of said Board.
SECTION 22: SEVERABILITY
If any section or part of this ordinance should be held invalid for any reason, such determination shall
not affect the remaining sections or parts, and to that end the provisions of this ordinance are severable.
SECTION 23: EFFECTIVE DATE
This ordinance shall become effective the 2nd1st day of OctoberMay 20175 and supersedes any
previous versions of the ordinance.
Adopted, this, the 2nd16th day of OctoberFebruary 20175.
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___________________________________________ ____________________________
Kyle Puryear Tracey L. Kendrick, Chairman Date
Person County Board of Commissioners
Attested by:
___________________________________________
Brenda B. Reaves, Clerk to the Person County Board of Commissioners
Attachments:
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
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